Public Service Acts Amendment Act of 1920 (10 Geo v No. 28) (Qld)

9254 PUBLIC SERVICE. Public Servioe Acts Amendment' Act. 10 GEO. V. No. 28, PROVIDENT AND INDUSTRIAL SOCIETIES. See SOCIETIES. PUBLIC SERVICE. 10 Geo. V. An Act to Amend the Public Ser\tice Acts by TH~~ ~ :~ IC providing for the Appointment of a Com- sl~ v; ~ ~ M~ ~ ~ s AOT OF 1920. m P oiswseiorns, er A u t t o ho E ri x ti e e r s c , is a e ndanDdutPieesrfcoornmfertrhede and imposed on the Public Service Board, and to provide for Appeals in certain cases, and otherwise to Amend the said Acts in certain particulars. [ASSENTED TO 8TH MARCH, 1920.] B E it enacted by the King's Most Excellent Majesty, by land with the. advice and consent of lhe Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as" The Public Service Acts ::struetion Amendment Act of 1920," and shall be read as one with of Act. *" The Public Service Act of 1896," herein referred to as the Principal Act. The Principal Act, t" The Public Service Act Amendment Act of 1901," and this Act may together be cited as t" The Public Service Acts, 1896 to 1920." Amendment 2. In section five of the Principal Act, all words from ofa.5. and including the words "and shall be placed" to and including the words "and not being Probationers" are repealed and the words" in such classes showing maximum and. minimum salaries respeotively for each class, with, if deemed necessary, a different maximum and minimum salary for male and female officers respectively of the same class, as the Governor in Council may from time to time by Order in Council direct" are inserted in lieu thereof. * 60 Vie. No. 15, 8upra, page 2817. t 1 Edw. VII. No. 17, 8upra, page 2827. t Reprinted as amended by this Act, in/ra, Appendix F.

PUBLIC SERVICE. 9255 1920.. Public Service Acts Amendment Act. 3 After section five of the Principal Act, the following sections are inserted in Part Ill. :- [6.] (1.) For the administration of this Act, the Appoint. Governor in Council may from time to time appoint some ~ ~ ~ cof fit and proper person to be Public Service Commissioner S~rv~ce Com. for a term not exceeding seven years. Such person llllSSloner•. shall be an officer of the Queensland Public Service. Subject to this Act the person so appointed shall be ·eligible for reappointment. (2.) There shall be payable to the Commissioner as remuneration for his services such annual salary not exceeding one thousand five hundred pounds as the Governor in Council may determine. (3.) When any officer in the Service is appointed Com- missioner, his service as Commissioner shall, for the purpose 'of ascertaining all his existing and accruing rights, be counted as pu1?lic service. (4.) In the case of the illness., absence, or suspension of the Commissioner, the Governor in Council may appoint some other person to act as the deputy of the Commissioner during such illness, absence, or suspension, and no longer; and such person shall, during the time for which he acts as such deputy, have all the powers and perform all the duties of the Commissioner. [7.] The Commissioner shall be deemed to h2.ve Office, how vacated .his office- vacated. (a) If he engages during his term of office in any paid employment outside the duties of his office; . (b) If he becomes insolvent or compounds with his creditors, or makes any assignment of his salary for their benefit, or takes advantage of any provision of any Act relating to insolvency; (c) If, except on leave granted by the Governor in Council, he absents I himself from duty for fourteen consecutive days or for twenty-eight days in' any twelve months, or becomes per- man~ ntlyincapableof performinghis duties; or (d) If he resigns his office by writing under his hand addressed to the Governor in Council, ~ and such resignation is aocepted by the Governor in Council.

9256 PUBLIC SERVICE. P1tblic Service Acts Amendment Act. 10 GEO. V. No. 28~ Duties, &c., [8.] (l.) The Commissioner shall submit for the ~ : o~ ~ ~ - consideration of the Governor in Council reports and recommendations as to any matters requirmg to be dealt with by the Governor in Council under this Act, and shall,. in addition, perform such other duties as may from time to, time be imposed upon him by the" Governor in Council. (2.) In addition to all the powers and duties confeITed and imposed upon him by this Act, the Commissioner shall,. with respect to his own department and the inspectors and other officers employed therein, have and be charged with all the powers, privileges, and duties of the permanent head of a department. (3.) The Commissioner in the administrat,ion of this Act shall be directly responsible to the Minister. (4.) No action shall be brought or maintained against any person who is or has been Commissioner for any non- feasance or misfeasance in connection with his powers or duties, nor shall any action lie nor any costs be payable in respect of any proceeding before the Commissioner. Inspectorll, [9.] (1.) The Governor in Council may, from time to &c. time upon the recommendation of the Commissioner, appoint fit and proper persons to be Public Service inspectors. The salaries and general conditions of service of such inspectors shall be determined by the Governor in Council upon the recommendation of the Commissioner. (2.) Such inspectors shall act under the general direction of the Commissioner. (3.) The Oommissioner may at any time exercise and perform all or any of the powers, duties, and authorities of inspectors. (4.) The Commissioner may at any time suspend any inspector or other officer of his department for any of the causes for which an officer is liable to be suspended under this Act, and thereupon the like action shall be taken with regard to such inspector or officer as in the case of an officer who is suspended by the Minister or the permanent head of a department. Duties of [l0.] It shall be the duty of an ~ pector or any other inspectors. officer duly authorised in that behalf by the Commissioner to- (a) Inspect the "Work of any department; (b) . Examine so far as is.practicable the work of the officers thereof and ascertain their duties and the value of their services;

• PUBLIC SERVICE. 9257 1920. Public Service Acts Amendment Act. (c) Inquire into all matters and things affecting or relating to the 'working of any department; (d) Furnish the Commissioner with a full report in writing as to every such inspection, examina- tion, or inquiry, and make recommendations as to any matter in connection therewith for the consideration of the Commissioner; and (e) Perform such other duties as the Commissioner may direct. 4. The following provision is added to paragraph (1) Amendment of section thirteen of the Principal Act:- of s. 13. "For the acceptance by the Commissioner of any specified degree diploma or certificate granted after examination by any approved university' or other examining body within or beyond the State as being equivalent to the prescribed examination under this Act." 5. The first three paragraphs of section forty-two of Amendmsll.t the Principal Act are repealed and the follOWing provisions of s.42. are inserted in lieu thereof :- "For the purpose of the investigation of any charge Board of made against an officer (including an officer employed in inqUIry. the department of the Commissioner) whether such officer is under suspension or not, a Board of Inquiry shall be constituted. Such Board shall consist of- (a) A person to be appointed by the Governor in Council, and such person shall act as chairman and shall hold office for two years; and (b) A person to be appointed by the Commissioner to be and act as his representative, and such person shall hold office for two years. ; and (c) An officers' representative elected andapprov ed as hereinafter provided, who shall hold office for one year If he remains in the service during that period. The follOWing provisions shall apply to the election of officers' representatives :- " (i.) The members of the Public Service General Officers' Association Union of Employees, Queensland, shall by ballot elect one of their members to act as such representative. o

925~ PUBLIC SERVICE. Public Service Acts Amendment Act. 10 GEO. V. No. 28, (ii.) The members of the Queensland Government Professional Officers' Association Union of Employees shall by ballot elect one of their members to act as such representative. (iii.) The members of the Queensland Teachers' Union of Employees shall by ballot elect one of their members to act as such representative. (iv.) Upon the formation and registration as a Union of any other association of employees in the Public Service who are subject to this Act, whether in addition to or in substitution for any of the aforesaid Unions, the Governor in Council, if satisfied that such new Union has interests which entitle it to separate repre- ~ entation on the Board, may direct that the members of such new Union shall by ballot elect one of their members to act as such representative. (v.) In all such cases each member shall have only one vote. (vi.) If two ~ r more members in any Unibn obtain an equal number of votes, the matter shall be decided as between them by lot. (vii.) The name of each officers' representative shall be reported to the Commissioner, and shall by him be submitted to the Governor in Council for approval. Any two members of a Board of Inquiry may exercise all the powers of such Board. The officers' representative who shall be entitled to sit at any inquiry shall be that representative who is a member of the Union of which the officer against whom. the charge is made is or is entitled to become a member. Every officer upon the hearing by such Board of any ~ ! harge against him shall be entitled to be represented by counsel, solicitor, or agent, who may examine witriesses a.nd address such Board ~ n his, behl'tlf. Such Board shall inquire into the truth of the charge or cha.rges made, and, after fully hearing the case, report to the Commissioner the proceedings and evidence taken and their opinion thereon. Such Board shall, when inquiring as to the truth of any charge, inquire as to the truth of the same without regard to legal forms and solemnities, and shall direct

PUBLIC SERVICE. 9259 1920. PubUc Service Acts Amendnumt Act. themselves by the best evidence they can procure or that is laid before them whether the same is such evidence as the law would require or admit in other cases or not. *" The Official Inquiries Evidence Act of 1910" shal1 be applicable to every inquiry held under this section." 6. After section forty-six of the' Principal Act the following sections are inserted under the following heading :- Board of Appeal. [46A.] (1.) Subject as next hereinafter provided, any Appeal officer who is aggrieved or regards himself as detrimentally Board. affected by any decision made or action taken by the Commissioner under this Act may, in such manner and within such time as may be prescribed by the regulations, appeal to a Board (herein called the Appeal Board) which shall be constituted for the purpOEe. Provided that- (a) No appeal shall lie in respect of any action taken or matter arising under section thirty- six, or section forty-two, or section forty-five, or section forty-eight, or section forty-nine of this Act; (b) No appeal shall lie in respect of any action taken or matter arising under section thirty- four or section thirty-five of this Act except by an officer directly affected in the depart- ment in which the appointment or transfer is made. (2.) Every appeal which under this Act may be made How by an officer to the Appeal Board shall be made to a composed Board which shall cOl)sist of three persons, namely~ (a) A police magistrate or judge of District Courts, who shall be appointed in each case by the Governor in Council; (b) A person to be appointed in each case by the Commissioner; and (c) An officers' representative elected, and approved as hereinafter provided. (3.) The following provisions.shall apply to the electionElectio~ of of officers' representatives . . _ oreffpirceesrsenta (a) The members of the Public Service Generaltives. Officers' Association Union of Employees, * 1 Geo. V. No. 26, 8upm, page 748.

9260 PUBLIC SERVICE. P1tblic' Service Acts Amendment Act. 10 GEO. V. No. 28, Vacancy. Queensland, shall by ballot elect three of their members to act as such representatives respec- tively in and for each of the three divisions of the State, (b) The members of the Queensland Government Professional Officers' Association Union of Employees shall by ballot elect three of their members to act as such representatives respec- tive]y in and for each of the three divisions of the State. (c) The members of the Queensland Teachers' Union of Employees shall by ballot elect three of their members to act as such representatives respec- tively in and for each of the three divisions of the State. (d) Upon the formation and registration as a Union of any other as·sociation of employees in the Public Service who are subject to this Act, whether in addition to or in substitution for any of the aforesaid Unions, the Governor in Council, if satisfied that such new Union has interests which entitle it to separate repre- sentation on the Appeal Board, may direct that the members of such new Union shall by ballot elect three of their members to act as such representatives respectively in and for each of the three divisions of the State. (e) In all such cases each member shall have only one vote. (f) If two or more members in any Union obtain an equal number of votes, the matter shall be decided as between the~ by lot. (g) The name of each officers' representative shall be reported to the Commissioner,and shall by him be submitted to the Governor in Council for approval; and, when so approved, each officers' representative shall hold office for one year if he remains in the service during that period. (4.) When a vacancy occurs in the Appeal Board by reason of the death, removal, or resignation of or vacation of office bv a member, the Governor in Council shall appoint some person qualified as aforesaid to fill such vacancy: Provided that where possible the successor to

PUBLIC SERVICE. 9261 1920. Ptlblic Set'vice Acts Amendment Act. the officers' representative for any division of the service shall be the officer who at the ballot received the next greatest number of votes, and he shall be appointed for the remainder of the period of one year. (5.) The Appeal Board shall meet for the despatch Meetings. of business as often as may be required. The Secretary of the Commissioner shall convene all meetings of the Board, and shall keep a record of all proceedings thereof and decisions arrived at. (6.) The police magistrate or Judge of District Wh? to be Courts appointed as aforesaid shall be the chairman at chaIrman. any meeting of the Appeal Board at which he is present. In his absence the Governor in Council shall appoint another police magistrate or judge, who shall be such chairman and have all his powers and perform all his duties during such absen~ e. (7.) All powers of the Appeal Board may be exercised Board ~ o ?,ct by a majority of the members present at any meeting by maJonty of the Board. (8.) Appeals in the Southern division of the State Venue. may be heard in Brisbane or elsewhere; appeals in the Northern and Central divisions of the State may be heard at Townsville and Rockhampton or elsewhere within the said divisions respectively: Provided that where officers are employed in remote localities and where arrangements cannot conveniently be made for their attendance in person, whether as appellants or witnesses, or where they would be subjected to great expense in travelling to appear before the Appeal Board, the Commissioner may appoint a competent per:son or persons to take evidence on oath in that locality con- cerning the matter of appeal. Such evidence shall be forwarded for consideration of the Appeal Board. (9.) The officers' representative who shall be entitled Which to sit as a member of the Appeal Board on any appeal~:~:~:~ta_ shall be that representative of the division of the State in tive to sit. which the appellant is serving who is a member of the Union of which the appellant is or is entitled to become a member. (10.) In the event of any member of the Appeal Absence of Board (other than the police magistrate or judge of District B: : : ~ ~ rof Courts as the case may be) being unable to sit on the

9262 PUBLIC SERVICE. Public Service Acts Amendment Act. 10 GEO. V. No. 28, hearing of any appeal, the Governor in Council shall appoint some other qualified person to sit as the deputy of such member of the Board. Every such deputy shall, for the time during which he acts as deputy, have all the powers and perform all the duties of such member of the Board: Provided that, where possible, the deputy of the officers' representative for any division of the service shall be the officer who at the ballot received the next greatest number of votes. Lodging and (H.) Every appeal shall be in writing, shall clearly ! ; ~ ~ ~ ~ of and concisely set forth the grounds upon which the appeal is made, shall be despatched to the Secretary of the Commissioner within seven days after the date when the appellant receives the decision which is appealed against, and shall be heard by the Appeal Board as early as practicable after the date when the appeal is recel.ved by the said Secretary: Provided that the Appeal Board may decline to hear or entertain any matter of appeal which, in their opinion, is based on trivial or frivolous grounds. The said Secret~ ry shall give to the appellant four clear days' notice of the date when the appeal will be heard. Procedure. (12.) The parties to the appeal shall be entitled to subprena witnesses in the same manner and subject to the same penalties and conditions as witnesses ma,y be summoned .to give evidence before. justices in petty sessions, and to have all witnesses examined on oath or affirmation. Representa- In' any proceedings before the Appeal Board any tion. party may be represented by his agent duly appointed in writing in that behalf; but unless all parties consent thereto no party shall be represented by counsel or solicitor in any such proceedings. Duty of Board. (13.) The Appeal Board shall investigate in open court every appeal, and transmit the evidence taken, together with their decision thereon, to the Commissioner. Decision. (14.) The decision of the Board shall be final, except in cases of appeal, against- (a) Appointments; (b) Dismissals;

PUBLIC SERVICE. 1920. Public Service Acts Amendment Act. (c) Classification of officers and the salary affecting such classification; (d) Matters relating to increases of salary; the final decision in respect to all of which matters shall rest.with the Governor in Council. [46B. ] Notwithstanding anything contained in any No appeal other Act no appeal from a decision, either of the Appeal ~ o~ ppeal Board or of the Governor in Council under any provision G~ ~ ern: ' in of this Act, shall lie or be permitted to the Court of Council. Industrial Arbitration, or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. 7. (1.) The consequential amendments set forth in Oonse~ the Schedule to this Act are made in the Principal Act. i: : ; a~ l ments. Schedule. (2.) Upon the appointment of a Commissioner under Repeal of this Act section five of *" The Public Service Act Amend-; '9~ ~f Act of ment Act of 1901" shall be repealed. SCHEDULE. CONSEQUENTIAL AMENDMENTS OF THE PRINCIPAL ACT. ----------,------ Section of Principal Act. How Affected. -- - - - - ~ · - - I- - - -- - - - - ' - - - - - - - - - - Section 3 After the definition of "Officer" the following definition is inserted : - The term "Commissioner" means the Public Service Commissioner appointed under this Act: the term where neces- sary includes the deputy of the Commissioner. In the. definition of " Salary" the word " Board" is repealed and the word "Com- missioner" is inserted in lieu thereof. Heading to Part Ill. The word "Board" wherever it occurs is and sections. 13, 17 \ repealed and the word "Commissioner" is to 25,27,29,30,33, inserted in lieu thereof. 34,38,45,46,48,49, 51, 53, 5( 56, 57, 59, 60 Section 18 .. The word "themselves" is repealed and the word "himself" is inserted in lieu thereof. Section 20 . '1 The words "they consider" are repealed and the words "he considers" are inserted in Jieu thereof. * 1 Edw. VII. No. 17, supra, page 2827.

PUBLIC SERVICE. Public Service Acts Amendment Act. 10 GEO. V. No. 28, 1920. SCHEDULE-continued. CONSEQUENTIAL AMENDMENTS OF THE PRINCIPAL ACT-continued. Section of Principal Act. How Affected. Section 26 Section 29 Section 32 Section 34 Section 35 Section 36 Section 41 Section 42 Section 46 Section 52 Section 58 Section 59 Sections 62 and 64 The word "hereinafter" is repealed and the word" herein" is inserted in lieu thereof. After the word" examination" the words "or who hold an equivalent certificate which has been accepted pursuant to the regulations" are inserted. Is repealed. In the second paragraph the words "they recommend" are repealed, and the words "he recommends" are inserted in lieu thereof. The words" Board for their recommendation" are repealed and the words" Commissioner for his recommendation" are inserted in lieu thereof; also, the word "Board" where it secondly occurs is repealed and the word "Commissioner" is inserted in lieu thereof. The words "Board have" where they twice occur are repealed and the words "Commis- sioner has" are inserted in lieu thereof; also, the words" have reported whether, in their opinion" are repealed and the words "has reported whether in his opinion" are inserted in lieu thereof. In the first paragraph, after the word" Board" . the words" of Inquiry constituted as herein- after provided" are inserted. , In the fourth paragraph the words " The .Board shall transmit their report" are repealed I}nd the words "The Commissioner shall transmit his report" are inserted in lieu thereof. In the fifth paragraph the word "Board" where it first occurs is repealed and the word "Commissioner" is inserted in lieu thereof; also, the words" Board have" are repealed and the words" Commissioner has" are inserted in lieu thereof. . The words "and the decision of the Board shall be final" are repealed. The words "Board for their· report" are repealed and the words "Commissioner for his report" are inserted in lieu thereof. Is repealed. The words "their proceedings" are repealed and the words "his proceedings" are inserted in ,lieu thereof. Are repealed.