Public Service Appeal Board Act Amendment Act 1935 (WA)

No. 29.] Public Service Appeal Board. [1935.

PUBLIC SERVICE APPEAL BOARD.

26° GEO. V. No. XXIX.

No. 29 of 1935.

AN ACT to amend the Public Service Appeal Board

Act, 1920.

[Assented to 23rd December, 1935.]

lative Council and Legislative Assembly of WesternBE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and com- 1.

(1.) This Act may be cited as the Public Service Appeal Board Act Amendment Act, 1935, and shall be read as one with the Public Service Appeal Board Act, 1920 (No. 14 of 1920), as reprinted in the Appendix to the Sessional Volume of the Statutes for the year 1930, hereinafter referred to as the principal Act.

mencement.

(2.) This Act shall come into operation on a day to

be fixed by proclamation.'

Amendment

of A 6. 2. Section six of the principal Act is amended as

follows :-

(a)	by inserting in subsection (1) after the word "jurisdiction" in line one the words "subject to subsection (la) of this section";
(b)	by inserting after subsection (1) a new subsection, to stand as subsection (1a), as f ollows

(la) Notwithstanding anything to the contrary con-

tained in subsection (I 1 of this section, hut

'Proclaimed to commence 1st February, 1936. (See Gazette, 31st

January, 1936.)

1935.] Public Service Appeal Board. [No. 29.

subject as hereinafter provided, the Board shall not have jurisdiction to hear and deter- mine any appeal or application by or on be- half of any public servant or group of public servants when

(a)	such public servant or group of public ser- vants is a Government officer or a group of Government officers within the meaning and for the purposes of Part IX A. of the Industrial Arbitration Act, 1912-1935, and such public servant or group of public ser- vants is occupying a position or are occupy- ing positions in respect whereof the maxi- mum rate of salary is fixed at less than seven hundred pounds a year; and
(b)	such appeal or application relates to a matter which is within the jurisdiction of the Court of Arbitration under section one hundred and forty-seven as contained in Part IX A. of the Industrial Arbitration Act, 1912-1935, aforesaid; and
(c)	such appeal. or application requires the Board to make a determination or gives a decision in relation to the matter aforesaid which has already been or can be the subject of a determination or decision by the Court of Arbitration in the exercise of its said juris- diction, or which is or is competent to be the subject of an agreement made or to be made under and in accordance with the pro- visions of Part IX A. of the Industrial Arbitration Act, 1912-1935, aforesaid.

Provided that this subsection shall not oper- ate so as to prevent the Board from referring to and examining any award of the Court of Arbitration or any agreement entered into under Part IX A. of the Industrial Arbitra- tion Act, 1912-1935, for the time being in force and relevant to any appeal or application un- der subsection (1) of this section on the hear- ing of such appeal or application when it is made by or on behalf of a public servant or group of public servants, who, although a

No. 29.] Public Service Appeal Board. [1935.

Government officer or a group of Govern- ment officers within the meaning of Part IXA. of the Industrial Arbitration Act, 1912-1935, is occupying a position or are occupying posi- tions in respect whereof the maximum rate of salary is fixed at seven hundred pounds or more a year, in order to enable the Board to determine and decide whether or not the Com- missioner or Minister, as the case may be, has, in accordance with section one hundred and forty-eight as contained in Part IXA of the Industrial Arbitration Act, 1912-1935, made such variations and adjustments in the con- ditions of employment of the appellant or appellants as are necessary to maintain a rea- sonable consistency between those conditions of employment and the conditions of employ- ment as defined and fixed in such award or agreement in relation to other public servants to whom, as Government officers aforesaid, the said award or agreement applies.

Amendment

of o 7. 3. Section seven of the principal Act is amended by

adding thereto a subsection, as follows :—

(3.) Nothing contained in subsection (1) of this sec-

tion shall confer or be deemed to confer any right of

appeal or application upon any public servant or class

of public servants when

(a)

such public servant or class of public servants is a Government officer or a class of Govern- ment officers within the meaning and for the purposes of Part IXA. of the Industrial Arbitration Act, 1912-1935; and such public servant or class of public servants is occupy- ing a position or are occupying positions in respect whereof the maximum rate of salary is fixed at less than seven hundred pounds a year ; and

(b)

such appeal or application would relate to a matter which is within the jurisdiction of the Court of Arbitration under section one hun- dred and forty-seven as contained in Part IXA. of the Industrial Arbitration Act, 1912- 1935, aforesaid: and

1935.] Public Service Appeal Board. [No. 29.

(c) on the hearing of such appeal or application the Board would be required to make a determin- ation or give a decision in relation to the mat- ter aforesaid which has already been or can be the subject of a determination or de- cision by the Court of Arbitration m the exercise of its said jurisdiction., or which is or is competent to be the subject of an agreement made or to be made under and in accordance with the provisions of Part TXA. of the In- dustrial Arbitration Act, 1912-1935, afore- said.

Section twelve of the principal Act is amended by inserting therein after the word "contrary" in line two the words "but subject to Part IXA. of the Industrial Arbitration Act, 191.2-1935."

Amendment

of s. 12.

4.

of 1932 and by this Act may be cited as the Public Ser- Lrinacmipste.t 5. The principal Act as amended by the Act No. 19 citation of

vice Appeal Board Act, 1920-1935.