Public Service (Amendment) Act 1929 (NSW)

Public Service (Amendnifint) Act;

PUBLIC SEIIVICE (AMENDMENT)

ACT.

Act No. 10, 1929.

An Act to provide for the determination of salaries

of certain public servants; to provide for ’	‘
the constitution of Promotions Committees ; to amend the Pu'olic Service Act, 1902, the Public Service (Siiperannuationl Act, 1903, the Public Service (Amendment) Act, 1910, the Public Service (Amendment) Act, 1919 ; to repeal the Public Service (Amendment)

,	Act, 1922; and for purposes consequent thereon or incidental thereto. [Assented to, 5th April, 1929.]

“O E it enacted by the King’s Most Excellent Majesty,

JL) by and with the advice and consent of the Legis

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

1. (1) This Act may be cited as the

Public Service si'ort title.

(Amendment) Act, 1929,” and shall be read with the ^

Public Sevvict; Act, 1902, as amended by subsequent Acts.

(2) is in this Act referred to as the Principal Act.

The Public Service Act, 19u2, as so amended,

2 . (1) The Public Service (Amendment) Act, 1922, is lyreaiot .vct

hereby reqteah'd.

(2) The bearing and determination by the tri- Savino of

bunal constituted under subsection three of section

eleven of the Publitt Service Act, 1902, as inserted by n foieuoes.

section two of the Public Service (Amendment) Act, 1922,

of any appeal or reference wdiich is pending at the com

mencement of this Act may be proceedial with and com

pleted, and the decision of the trilmnal he candc'd into

effect in all re.spects as if this Act bad not Ijcen passed.

Public Service (Amendment) Act.

No. 10,1929.

F u rth e r anieml-	3 . The Principal Act is amended—
m en t of Aet Xo,

31, liK)2.	(a) by omittin" from section ten the words “ upon Commissioners by Letters Patent by the Royal Commissioners Evidence Act, 1901 ; and all the provisions of the said Act shall ” and by inserting in lieu thereof the words “ by the Roval Commissions Act, 1923, on a com mission, and the chairman shall have the powers of a chairman, ivitliin the meaning of Division 1 of Part I I of the said A c t; and the said Act, section thirteen and Division 2 of Part I I excepted shall ” ;
Sec. 10.
See. 14 (1).	(h) (i) by omitting from subsection one of section fourteen all words after the word “ accord ingly ” and by inserting in lieu thereof the following paragraph :—

After such provision has been made the officer or employee shall he entitled to sue for and recover the amount of his salary, fee, or allowance so determined.

(ii) by omitting subsection two of the same

section.

See. -22 (1).

(c)

by omitting from subsection one of section twenty-tn o the words “ persons Avhose offices the Governor ” and by in,serting in lieu thereof

.	the words “ officers whose offices the Governor, on the recommendation of the Board, and”

See. 23.	(d)	by inserting in section twenty-three after the Avord “ duties ” the Avords “ in the opinion of the Board ” ;
See. 24.	(e)	by omitting from section twenty-four the AVords “ Avith the approval of the GoAmrnor ” ;
Sees. 25, 2(i,	(f)	by omitting from sections twenty-five and
tAA enty-six the Avord “ persons ” Avherever
occurring and by inserting in lieu thereof the

-	word “ officers ” ;

Sec. 27 (2).

(g)

by omitting subsection tAvo of section twenty- seven and by inserting the following new sub- seetion :—

.	(2) For the puiposes of this section the

,	Board may from time to time appoint sueh

,	persons as may be i*equircd to be examiners to

conduct

Public Service (Amendment) Act.

No. 10, 1929.

conduct examiaatioiis in the prescribed manner. Eacii such jierson shall be appointed for a period not exceeding twelve months at any one time.

(h) (i) by omitting from section tbirty-one the 'Se.-, si.

•	words “ the number of appointments pro posed to be made ” ;

(ii) by omitting from the same section the words “ and the number of competitors to be admitted to such examination ” ;

(i) (i) by omitting from section thirty-tno the ŝec. :h.

words “ Except as hereinafter provided” and by inserting in lieu thereof the words “ Unless the Board otherwise recommend ” ;

(ii) by inserting in the same section after the words “ six months” the words “ or such longer period as the Board directs ” ;

(iii) by omitting from the same section the Avords

.	“ confirm or annul such apiaoinlnnmt ” and

by inserting in lieu thereof the Avoids “ confirm such ajipointraent or durin<i‘ or after such period may annul such appoint ment ” ;

(j) (̂ ) Ĵy inserting in subsection one of section Scc. .-id,

tliirtv-six after the AVOrd “ Governor ” the words “ on the recommendation of the Board” ;

(ii) by omitting from the same subsection the

Avords “ and Avithout requiring compliance

Avith the requirements of section thirty-

three” ;

(iii) by omitting from subsection tAvo of the sati e section the words “ has been informed of the proposal to make such appointment an d ” ;

(iA') T)y inserting in the same subsection after

the Avord “ filling ” the Avords “ and avail-

̂	able for ” ;

(k)	by omitting from section thirty-nine the Avord “ sixteen” wh x'ever oocurringand by inserting in lieu ihcreof the word “ fifteen ” ;

■

(1)

92 Public Service (Amendment) Act.

No. 10, 1929.

(l) (i) bj* inserting in section sixty after the word “ Board ” nhere firstly occurring the words “ except such as are held under the pro- A'isions of sections fifty-six and tiftv-ei"ht of this Act ” ;

Sec, 60.

(ii) hy omitting from the same section the words “ of suliscction (c) of section fifty- six when inquiring as to the truth of any charge madi' against an officer may

.	conduct the inquiry ” and hy inserting
. .	in lieu thereof the words “ of section eleven or paragraph (c) of subsection two of section fifty-six may conduct any inquiry or investigation under this Act ” ;

Set. 68.

(m) (i) hy inserting at the end of subsection two

of section sixty-eight the ivords “ who may

;	require sucli otlicer to resign such office or abstain from engaging in such employ

ment ” ;

;

,	(ii)	hy omitting subsection three of the same
section;

Sec. 70.

(n)

hy omitting from section seventy the Avords “ Xor shall any person to whom tliis Act applies, except as in the next succeeding sec-

■	tion jirovided, receive out of the Consolidated I’eA’enue of the State any payment hy Avay of pension, annual superannuation, retiring allow'- ance, or gratuity, eitiicr directly or indirectly” ;

Sec. 6,	(o)	hy inserting in section seventy-six after the
Avord “ officer” the Avords “ or employee.”
Aineiultiioiit. Ilf

Act. X... :;i,	4. (1) The Princijial xVet is further amended
1901̂ .

(a)	hy inserting the following ncAV section next after section five :—

Saving of	5a. SaA'C as othcrAvise expressly provided provisions of the Industrial Arbitration Act, 1912, or the Industrial Arbitration (Amcnd- ment) Act, 1926, or any Act amending or replacing those Acts.
Arbitration	nothing in this Act shall amend or affect the
Acts.

Industrial

(b) hv omitting section thirteen.

‘

( 2 )

Public Service (Amendment) A ct

(2) Tlie Public Service (Amendment) Act, 1910, ***'

is amended by omittiiig secUon six.	I , mm,
01 A<-t S i’. 21,

(3) Tbe Public Service An".endment) Aet, 1919, |

is amended by omitting section twelve.

1919, <.12,

5 . (1) The Principal Act is furtlier amended :—

imthei

•'

an ic iH liuen t

(a)	by omitting section Ikv as inserted by tlie Public Service (Amendment) Act, 1919, and by inserting in lieu thereof the following new section which shall be read as section 14a :—

1 4 a . ( 1 ) The grades and salaries of ofbeers, ii,.tcnnina-

aml the sidaries of all other persons employed ti"not i;ia.,iea

. .

/•

1 •

w *

salcU'ie.s.

under the provisions ot this Act, shall he determined from time to time in aecordance with this seetion.

(2) The determination shall be made by tbe Board or by Salaries Committees.

(3) Each Salaries Committee shall enn- sist of not less than three persons, who shall be appointed by the Board ior tbe purpose.

At least one member of eaeb Salaries Com mittee shall represent tbe oflicers or employees, and shall be selected as prescribed.

(4) In the case of ofTic<?rs and employees classilied in the Special, Profe.«sional, and Clerical Divisions, the determination shall be made on or before the tbirtietli day of June, one thousand nine hundred and twenty-nine, and thereafter on or before tbe thirtieth day ot J Line m eaeb second year.

(5) In tbe case of officers and employees classified in the Educational and (jeneral

Divisions, tbe detci inination shall be made on

or before the lliiitietli day of dune, one

thousand nine hundred and thirty, and there-

.	, after on or before tbe tbirtietli day of dune in

each second year.

.	(6) The Board may vaiy any delermina- tion made by a Salaries Cormnittee under this section.

■(!')

Public Service (Amendment) Acti

No. 10, 1939.

(b)	by omitting section. 14b, as inserted by tbe

Sec. 14b.

Public Service (Amendment) Act, 1922, and by inserting in lieu thereof tbe following

•	section, which shall be read as section 14b :—

Agreements

1 1B. The Board may cuter into an agreement ing any group or class of officer or employee as to salaries, fees, allowances, and grades, and

•with associa

. - with any association or organisation represent

tions. Ac.

'	may by regulations prescribe tbe salaries, fees,

■	allowances, and grades so agreed upon.

"	Every such agreement shall bind all officers or employees in any such class or group, and no officer or employee, whether a member of such association or organisation or not, shall

:	have any right of appeal from the terms of such agreement.

Consequential

am endm ent of	(2) The Public Service (Amendment) Act, 1919,
A ct No. 43, lino ,

s. 10.	is amended hy omitting section ten.
F u rth e r am eod-

inen t of A H	6. (1) The Principal Act is further amended—•
No. 31, 19J2,

ss. IG, 17.	(a)	hy omitting sections sixteen and seventeen, and hy inserting in lieu thereof the following sections :—
Provision for	'	16. If at any time the Board is satisfied that an officer has, as a result of promotion or reorganisation, been allotted duties suh- stantially different from or of greater import ance than those on the basis of whicli his
increase.

. , , ; existing salary was assessed, proceedings may

he taken hy the Board to assess the value of

■	such duties and determine the salary appropriate thereto, and the Board may assign such duties either to the officer previously performing

.	them or may appoint or promote thereto, under

,	and subject to the provisions of this Act, such officer as the Board may think most fitted and qualified therefor.

. Deduct ioji	17. If any officer or employee is allowed to use, for the purpose of residence, any building belonging to the Government, the Board may direct that a fair and reasonable sum as rent thereof he deducted from the salary of such officer or employee, and the amount of such sum shall be fixed hy the Board.
h r residence.

•

(h)

Pul)lic Service (Amendment) A ct

N®, 10, 1929.

(b)

by omitting from section nineteim tlie words “ Any officer dissatisfied with any decision of tbe Board eitlier particular or general in regard to grade affecting him, or to tbe classification of the work ]X'rformed by or assigned to him may forward to tbe Board within thirty days after sucli decision” and by inserting in lieu thereof the words:

(1)	Any officer dissatisfied wdtli any

decision or determination of the Board either particular or general, in regard to salary, seniority or grade affecting him, or to the classification of the work performed by or assigned to him, may forward to the Board within thirty days after such decision or deter mination.

(c)

by omitting subsections two, three, and four of s. c. ii, section eleven and by inserting the following

new subsection in lieu thereof :— ̂

•

(2) For the purpose of hearing any appeal under the authority of this Act at which it may be inconvenient for all members of tlie ]loard to be present, the Board may delegate any of its powers or functions to any one member of tlie Board, and the decision of such member shall be final.

(d) (i) by omitting yiaragraph (b) of subsection Set-. 20.

one of section twenty ;

(ii) by omitting paiagraph (b) of the same sub section and by inserting the following new

. paragraph:—

(h)	determining the mode of procuring, keeping, and issuing stores or other material or requisites for the Public

Service :

:i ■

■

Provided always that the Governor

: i

may determine and carry out methods

of pi*ocuring supplies for the Public

■

Service other than by public tender,

.	and independeuth^ of regulations framed bv the Board.

‘

(e)

jPuWic Service (Amendment) Act.

No. 10, i m

(e) by inserting next after section tiventy-six tbe following new section :—

N e " U 's .

26a .

Classification

of olficers.

26a. Tbe officers of tbe Public Service sball from time to time be classified by tbe board in tbe foregoing five divisions,

Sec. 28.	(f)	(i)	by inserting at tbe end of subsection two of section twenty-eigbt tbe following ivords :—•
A person so admitted sball not, unless be is naturalised, be eligible for employment for more tban six months after be becomes eligible for naturalisation.

. .

(ii) by omitting from subsection tbree of tbe same section tbe word “ sball” and by inserting in lieu thereof tbe word “ need.”

(g) by omitting section tbirty-tbree.

Cot iS fiiucnt ial

(2) Tlie Public Service (Amendment) Act, 1910,

nm cm linent of

Actjso.21,1910, IS amended by omitting section ton.

Principal Act is furtber amended—

31, 1902.

Sec. 4.

(a) (i) liy omitting from tbe definition of “ otlicer ” in section four tbe words “ officers or ” also tbe words “ and forty-five ” ;

(ii) by omitting from tbe same definition tbe words “ subsection (c) ” and by inserting in lieu thereof tbe words “ paragraph (c) of subsection one ” ;

(iii) by" inserting in tbe same section after the definition of tbe word “ Board ” tbe follow ing new definition :—

“ Employee” moans and includes all persons employed under tbe pro visions of section forty-four but does not include an officer per manently employed.

Sees. 44, 4,0.

(b)

by omitting sections forty-four and fort\"-five and tbe short beading preceding section forty"- four and by" inserting in lieu thereof tlie fol lowing new short beading and section ; —

Employees.

Te«i]»orary	14. (1) Whenever the prompt despatch of tbe business of any department renders tem porary assistance necessary, and the Board is
aij.sistance.

unable

Public Service (Amendment) Act.

unable to provide such assistance from other	'
departments, tlie Board shall select from the persons Avhose names ai’e upon the register referred to in paragraph (c) of subsection one of section twenty, such person or persons as to the Board appear best qualified for such work.

(2) Such person or persons may be em ployed to perform such work for any period not exceeding four months, and, if necessary, may, with the sanction of the Board, he em ployed at the end of such period for any further periods not exceeding four months each if the Board, after investigation, certify that it would be in the public interest that such person should he so further retained.	....
(3) The services of any person employed temporarily may he dispensed with at any time hy the Board or hy the permanent head, subject to confirmation by the Board.

(c) hy omitting from section forty-eight the words “ three hundred and ninety-nine ” wher ever occurring and by inserting in lieu thereof

48.

the words “ four hundred and fifty ” ;

(d) (i) hy omitting from paragraph (a) of sub-4!»(i)(;i)

section one of section fortj-nine the words “ if it appears that such appointment would result in the duties of such office being more efficiently performed than by selec-

.	ting an officer from any other depart m ent” ;

. (ii) by inserting at the end of the same subsection the following paragraph:—

In all cases, seniority shall he subordi nated to considerations of special fitness.

(2) The Public Service (Superannuation) Act,	l.'(msci\|Uetit iai
am cm tm cM t of

1903, is amended by omitting section three.

A f t N o. S,

1903,

8. The Princijial Act is further amended hy	m e n t of A ct No.
F u r th e r am end*

inserting the following new section next after section	31, 1902.
N ew s. 49.<.
forty-nine :—

49a. (1) AVhen a recommendation-is made to the

I’romotioiis

Board for the promotion to a permanent position in	conimil tee.
a department of an officer other than the officer of

that

88 Public Service (Amendment) Aet.

No. 10,1929,

that (lepartinc'nt ivlio is next in order of seniority for such promotion, the Board shall refer such ix'coin- mendation to a promotions committee which shall he constituted for the purpose hy the Board.

(2) Unless the Board considers it desirable a reference to a pi'oraotions committee shall not he made when the salary attached to tlu' position to he filled exceeds seven hundred and fifty uounds per annum.

(3) A promotions committee shall consist

of—

(a)	The permanent head of the department in Avhich the proposed promotion is to he made, or an officer nominated hy him ;
(h)	an officers’ representative who shall he an officer of the division in which the position to he filled is classified, and who shall he selected hy or on hehalf of the employees of that division in the manner prescribed ;

(c)	an officer to he nominated hy the other

‘	members of the committee or (failing agiee- ment hy them) by tlie Board. (4) The committee shall inquire into the

claims to the promotion in question of all officers proposed to he ]iassed over, and shall report to the Board their opinion or opinions thereon.

(5) The Board shall take such repoid into consideration before arriving at its decision, and, if so desired by the officers’ representative, shall hear him in support of the claims of any officer whose seniority may he adversely alfected by the

promot ion

recoin mend ed.

(6) The Board may make ri'gulations to give effect to the provisions of this sect ion.

F u rth e r

am em liiK 'nt of	9. (1) The Principal Act is further amended —
Act No. 31,

r.O.

Sec. -)() (1).

(a) (i) hy omitting paragraph (h) of subsection one

of section filty-six;

(ii) hy omitting from paragraph (g) of the same subsection the words “ and such inefficiency or incompetency appear to ari.se from causes within his on n control ” ;

(iii)

Public Service (Amendment) Act.

(iii) l)v inserting in paragraph (c) of subsection t\vo of the same section after the Avords “ charges made against him, the Board” the Avords “ shall summon the officer concerned before it and ” ;	’
(Ia’-) hy omitting from the same paragrajffi the Avords “ it may communicate its oj)inion to the Governor, Avho may thereupon ajjpoint one or more persons ” and by inserting in lieu thereof the words “ it may appoint an officer

■■	of the Public Service, or, Avirh the approval of the Governoi’, some other person or persons ” ;

(v) by inserting in paragraph (d) of the same subsection after the Avords “ according to the nature of the oifence” the Avords “ impose one or more of the following punishments, nam ely” ;

(b)	hy inserting tlie folloAving ucav section next after section fifty-six :—

50a . (1) Where judgment has been giA'cn hy lOnforcement

any court against any officer or employee of the	jutigments.
Public Service for tlie payment of any sum of
money, the person in Avhose favour the judgment
is gi\ en may serve on the permanent head of the

department in Avhich the officer or employee is	.
employed a copy of the judgment certified under the hand of the registiar or other proper officer of the court hy which the judgment Avas delivered, and a statutory declaration stating that the judgment has not been satisfied hy the judgment dehtor,and setting out theamount due by the judgment debtor under the judg ment,

(2) Upon the service upon him of a

copy of a judgment and a statutory declaration

in pursuance of this section the permanent

head shall, as soon as practicable, notify the

judgment debtor in AAUting of the service of

the copy judgment and statutory declaration,	.
and require him to state in AAU-iting Avithin a

time

100 Public Service (Amendment) Aet.

No. 10,1929.

time to he s])ecifie(l hy the permanent head

. , Avhether the judgment has been satisfied, and,

if so, to furnish evidence in support thereof,

and if the judgment has not l)een satisfied, to

state the amount then due under the judgment.

(3) If the officer or employee fails to

'	prove to the satisfaction of the permanent head that the judgment has been satisfied, the
̂	permanent Itead may, from time to time, deduct from any moneys due to the officer or employee such sums as are, in lus opinion, necessary to enable the judgment to he satisfied, and sliall pay those sums to the judgment creditor:
Pi-ovidcd that in no case shall a deduction he xiiade wliich will reduce the amount to he received hy the officer or employee to less than four pounds per week, or to less than one-third of the amount which would, hut for the pro visions of this section, he payable to the officer or employee, whichever is the greater.

(4)	AVhere more than one judgment and

statuton* declaration are served upon the per manent head in respect of one judgment debtor, the judgments shall he dealt with under this section in the order in which copies of the judgments are served upon the permanent head.

(5) A payment made to a judgment creditor in pursuance of this section shall, as between tlie State and the officer or employee, he deemed to he a payment hy the State to the officer or employee.

(6) Any person to whom a payment has been made in pui suance of this section who fails to notify the permanent head immediately a judgment delit in respect of which tin' pay ment was made is satisfied shall he liable to a penalty not exceeding fifty pounds.

(7) If any payment made in pursuance

of this section exceeds the amount due under

the judgment, the excess shall he rcpavahle

' hy

Public Service (Amendment) Act.

101

by the department to the judgment debtor, and	' -h- . *
in default of payment may be recovered by the judgment debtor from the department in any court of competent jurisdiction,

(8)	The foregoing provisions of this

section shall not apply in relation to any officer or emj)loyee whose estate has been sequestra,ted either voluntarily or compulsorily for the benefit of his creditors and W'ho has not yet obtained a certiticatc of discharge.

(c)	hy omitting section liffy-eight and hy inserting in lieu thereof the following section :—

58. (1) If it comes to the knowledge of tin', i"itiatioM hy

Board that any officer is alleged to have been inquiry,

guilty of any of the olfcnces specified in section

fifty-six, the Board mny deal with the matter

in one of the modes following;—

(a)	The Board may initiate an inquiry into the case and for that purpose shall inform the officer of the charge against him, and receive evidence thereon, and in all other res})ects deal with the charge as though it had arisen under the pro visions of either section fifty-six or section fifty-seven; or
(h)	The Board may suspend such officer, and in all other respects deal with the charge as though the officer concerned had been suspended by the permanent head or the Ministerunder the provisions of section fifty-six or section fifty-seven.

(d)	by omitting section sixty-nine and by inserting the following new section :—

69. All notices of appointments, promotions, special

transfers, retirements, and removals of officers made under this Act with the approval of tbe Governor and the Executive Council, shall be published in a special Gazette to be issued weekly.

•

Every

1 0 2 Public Service (Amendment) A ct

’

■

Every sucli notice so publislietl shall he conclusive evidence of the appoinrment, retire ment, or removal specified in the notice.

Puhlic Service (Amendment) Act, 1910,

■uili(0

amended hy omittine-paragraphs (ej and (F) of section

nine.

A n ie m lm e n t of	1 0 .	(1) The rrincipal Act is further amended—•
A id N o. 31,1902.

(a) by inserting at the end of subsection four of No act or proceeding of the Board shall he invalid merely on account of the fact tliat there is at the time of the act or proceedine' a vacancy in the office of chairman or of a memher of the Board.

See. 7 (4).

section seven the following words ;—■

7 (7).

(h) (i) hy inserting in subsection seven of sectiun seven after tlie words “ of any memlier of the Board” the words “ or in ca.se of the apjiointment of a memh(>r of the Board to act as chairman during the absence of the chairman ” ;

(ii) by inserting in the same snbsi'ction after the words “ suspension or alisence ” where appearing si'condly, tlie words “ or while he is acting as chairman of the Board ” ;

See. 7 (10).

(c) by omitting-suhsection ten of si'ctiou ser'cn.

(2) The amendnu'nt made by paragraph (a) of subsection one of this section shall be deemeil to have commenced upon the date of the eommencement of the Public Service Act, 1902.

11* The Public Service (Amendment) Act, 1919, is

amended—

.	(a)	by inserting in paragrajdi (l)of section seven after the word “ right ” the words “ to extended leave of absence and ” ;
(b)	by inserting after section thirteen the following new section: —
13.V. (1) An officer who has acquired a right to extended leave with pay and—

( Irat.uity in

lieu of

(a) retires from the Public Service under

e.\ tended	the provisions of section sixty-seven of
le;i ve.	the Public Sen ice Act,-1902, or

n > )

Public Service (Amendment) Act.

103

(1)) is called upon to so retire under the

provisions of subsection three of section

sixty-six of the said Act,

sihall be paid forthwith in lieu of such leave the ]iioney value thereof as a gratuity in addition to any gratuity to which he may

be otherwise entitled.

Any pension to which

any such ofFicer is entitled under the Super annuation Acts, 1910-1928, shall commence from the date upon which his extended leave, if taken, would have commenced.

. (2) An officer who has accpiired a right to (extended leave Avith pay and retires from the Public Service under tlie provisions of subsection one of section sixty-six of the said Act shall he paid forthwith in lieu ot such leave the money value thereof as a gratuity in addition to any gratuity to which he may otherwise be entitled.

Any pension to Avbich any such officer is entitled under the Superannuation Acts, 191C- 1928, shall commence from the date folloAving that upon Avhich his extended leave, if taken, would have terminated.

" (.3) Any pension to which any officer

referred to in subsection one or subsection

two of this section is entitled under the

Civil Service Act, 1881, sliall commence from	,
the date following that upon which his extended leave, if taken, would have termi nated.

word “ officer ” where firstly occurring the

words “ or member of the Board ” ;

(ii) by adding at the end of the same section

the following proviso:—	<
Provided that where payment of the money value of leave has been made under	.,
this section, no action may be brought	•

against the Crown for payment of any

A-.

amount in respect of such leave.

104 Public Service (Amendment) Aet.

Wo. 10,1929, ]_2, (1) The Governor, on tlie recommendation of Appointment tlie Boai’d, mav, notwithstnndin" anytliing contained in

officers.'** Prineipal Act, appoint as a permanent officer ;iny person temporarily employed at the eommencement of this Act, and who has then heen so employed for a ])eriod of two years ir the Public Service of New South Wah's, subject to the following conditions and to such other conditions as may be prescribed by the Board :—

■	(a)	the Board sball he satisfied that the work performed hy the person temporarily employed is permanent in character;
(h)	the Board shall he saiistied as to the com petency of sueh person, and that bis appoint ment as a permanent offiicer is desirable in tbe public interest.

(2) All conditions imposed on ])crsons appointed under the Prineipal Aet shall apply to and be binding on persons appointed under this section, except those relating to age at tbe date of appointment and to tbe mode of appointment.

(3) Tbe Board shall assign the ]iosition in seniority of persons apjiointed under this seetion, having regard to the claims of officers already in the Public Service.

DEPICTENCV