Public Service (Amendment) Act 1910 (NSW)

Act No. 21, 1910.

All Act to amend the Public Service Act, 1902,	P ublic Service
(Amendment).

ill certain particulars ; and for other purposes.

[111/f Ocfohev, 1910.]

" O E it enacted by the King’s Most Excellent Majesty, by and with I ) the advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Preliminary.

' 1 . This Act may be cited as the “ Public Service (Amendment) Short title.

Act, 1910,” and shall be read with the Public Service Act, 1902, hereinafter called the Principal Act.

2 . Section four of the Principal Aet is amended by inserting Definitions,

the following after the definition of “ Eoard ” :—

“ Branch” means any branch or subdepartment declared by the

Board to be a branch of a department of the Public Service.

“ Ilead of a branch ” means any person declared by the said

Board to be head of a branch.

Temporary

Act No. 21, 1910.

Tuhlic Service {Amenchnent).

Temporary employees.

Governor may, 3 . Tlic Gos’ornoi', O il tlio recouimondatioii of the Board, may,

coniltLn”,Tppolnt Gotwltlistaiidiru^ anything’ contained in the Principal Act, appoint, as

temporary a pcrmanciit ofFicci’, any ]ierson tcmiporarily employed at the

permanenti”ositions. Commencement of this Act in t!ie Public Service of New South Wales,

subject to the following conditions :—

(a)	The Board sliall lie satisfied that the ivork performed by the person temporarily employed is permanent in character.
(b)	The Board shall be satisfied as to the competency of such person, and the permanent licad or the head of the branch in “which he is employed shall certify that he is of good character and has satisfactorily performed his duties.
(c)	The age of any temporary employee proposed for appoint­ ment under this Act shall not be less than twenty-one nor more than fifty years at the date of his permanent appoint­ ment : Provided that the age may in special cases he extended to fifty-five years.
(d)	No person shall he eligible for appointment under this Act who has not been employed in the Public Service of New South Wales for at least two years continuously, or for two or more terms aggri'gating at least three years before the commencement of this Act.

Appointees to be 4 . All Conditions imposed on persons appointed under the

of PuUic"ŝ ^̂ ̂ Principal Act shall ajiply to find be binding on jiersons appointed

’ under this Act, except those relating to age at the date of appoint-

•, nient, and to the mode of appoint mmit, and in tin! case of persons over forty years of age to insurance, which in such cases shall not be compulsory.

Board to aotermine 5 . Tlic Boai’d sliall assigu tlic position in seniority of persons

semonty.

appointed under this Act, tuning regard to the claims of officers

already in such Service.

Grading and classificalion.

Repeal of s. 1.3 of 6. Sectioi“ i tbirti'cn of the Principal Act is repealed and the

Principal Act. following substituted for i t :—

13. The officers of the Public Service shall ’from time to time be graded and their work shall be classified within the five principal divisions spccifutd in section twenty, according to fitness and to the character and importance of tlie work performed hy or assigned to them.

Amendment of s. u	7 . Scclioii fourtccnof tlic saiucA ctis amended hy omitting “ Tlio hoc.fd sluill froiu time to tinu; determine” ;uul inserting the words “ 'ITiere shall from time 1o time be determined in accordance
of I ’nncipai Act.
with the provi^ îons of this Act ” 8.

Act No. 21, 1910. Td

Public Service {Amendment).

8. The folloAvin" sections are inserted next after section fourteen Xuv.- sections,

of the Principal A c t:—

ITa. In each department of the Puhlic Service there shall Dcp.n-tmentai

he constituted hoards, Jicreinaftcr referred to as “ dopartmeutal hoards” who shall determine the "rade, and the salaries, fees, and allowances of ofliccrs in such de])artment, exclusive of the Under Secretary and of heads of l)ranclies.

11b. Each such hoard shallcousist of the Under Sccrefarv c.nmituUon ofsn.-ii

of the Department, a memher of the Puhlic Service Board, andtlie

■

head of the branch to which the officer Avhose grading’ or salary is

in question, helongs.

14c. If the determination of a departmental hoard is not neanmoeami

unanimous, the memher of the Puhlic Service Board may refer the matter to the other two nnnnhers of the Puldic Service Boai'd.

The officer wliosc grading or salary is in question may, in any case, appeal from the departmental hoard to the Public Service Board.

On any such, reference or appeal the Puhlic Service Board may vary, rescind, or confirm the determination of the departmental hoard.

If the decision of the Puhlic Service Board, on such reference or ajipeal is not unanimous, the matter shall be reheard before the same two members and a District Court Judge. Tlniy may make such order as they think lit, and thd r decision shall he final.

14d. The grade and the salaries, fees, and allowancirs of (vuniii imuti'is t.o

the Under Secretaries and of the heads of branches v lio a rt''p'ip'Jpg y'l'.'X'i

officers shall he determined hy the Puhlic Service Board. isoani.

9. Section fifteen of the same Act is amended as follows ;— Amcmimcnt of s. 15

(a) Omit “ by the Board” where first occurring. iiiiiupaiAa.

(b) In paragraph two omit ” the Board shall reduce the salary of such olilcer ”, insert “ the salary of such officer shall he induced ” ; and omit the words “ hy the Board.”

1 0 . Section sixteen of the same Act is amended as follows :— Amoidmont of s. lo

(a) Omit “ the permanent head of the department may draw the attention of the Board thereto, and the Board may thereuiion if it thinks f it”, insert the words “ p™cccdings niav betaken to.”	Act.
(h) Insert before “ may assign ” the ivords “ the Board.”

1 1 . Section eighteen of the said Act is repealed. Rei)aii.

12 . In section nineteen of the said Act omit “ officer” insert, AnicTnimciit of «, lo

“ Under Secretary of a department or head of a branch.” I’nucii.ni a f.