Public Service Appeal Board Act Amendment Act 1937 (WA)

PUBLIC SERVICE APPEAL BOARD.

1° AND 2° GEO, VI., No. XXVII.

No. 27 of 1937.

AN ACT to amend Sections six and seven of the Public Service Appeal Board Act, 1920-1935, and for other purposes incidental thereto.

[Assented to 18th January, 1938.1

BE it enacted by the King's Most Excellency Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Public Service Appeal Board Act Amendment Act, 1937, and shall be read as	Short title.
cf. No. 29 of
one with the Public Service Appeal Board Act, 1920-1935	1935, s. 5.
(No. 14 of 1920), as reprinted in the Appendix to the Ses-

No. 27.] Public Service Appeal Board. [1937.

sional Volume of the Statutes for the year 1930 and amended by the Acts No. 19 of 1932 and No. 29 of 1935, hereinafter referred to as the principal Act.

Amendment

of e. 6. 2. Section six of the principal Act is amended by de- leting therefrom subsection (la) (inserted by the Act No. 29 of 1935) and inserting in lieu thereof a subsection as follows :-

(la.) Notwithstanding anything to the contrary contained in subsection (1) of this section, where any appeal or application is made by or on behalf of any public servant or group of public servants who is or are-

(a)	a Government officer or a group of Govern- ment officers within the meaning and for the purposes of Part IXA. of the Industrial Arbitration Act, 1912-1935; and
(b)	an officer or a group of officers appointed under the provisions of the Public Service Act, 1904-1935, or under the Forests Act, 1918-1931, or under the Agricultural Bank Act, 1934; and
(c)	occupying an office or offices in respect whereof the maximum rate of salary is fixed at less than seven hundred pounds a year,

and the appeal or application relates to a classifica- tion or reclassification made by the Public Service Commissioner (whether acting alone or in conjunc- tion with Assistant Commissioners) or other author- ity authorised to make such classification or reclassi- fication (as the case may be), the Board shall have jurisdiction to hear and determine such appeal or application in the following circumstances only, that is to say:—

(i) if the appeal or application is made against the placing by the Public Service Commissioner or other authority aforesaid of the office or offices occupied by the public servant or group of public servants by or on whose be- half the appeal or application has been made in one class instead of another class in the classification or reclassification afore- said; and

1937.] Public Service Appeal Board. [No. 27.

(ii)    if the classes specified in such classification or reclassification have been defined by an award or by any agreement deposited with the Registrar under and in accordance with the provisions of Part IXA. of the Indus-

trial Arbitration Act, 1912-1935, which i-

still in force; and

(iii)    if the award or agreement mentioned in the next preceding paragraph contains a state- ment of the fundamental basis or principle upon which the said classes have been de- fined and upon which the placing in the classes defined as aforesaid of the offices to which the said classes relate shall be deter- mined:

Provided that

(a) the jurisdiction of the Board under this sub- section in relation to the said appeal or application shall be limited to-

(i)    hearing and determining the question whether or not the office or offices held by the public servant or the group of public servants by whom or on whose behalf the appeal or application has been made, has or have, in accordance with the fundamental basis or principle aforesaid, been placed in its or their appropriate class of the classes de- fined as aforesaid; and

(ii)    declaring the class in which such office or

offices shall be placed; and

(b) where the classes aforesaid have been defined by an award or an agreement made or deposited under and in accordance with the provisions of Part IXA. of the Industrial Arbitration Act, 1912-1935, prior to the commencement of this sub- section, and such award or agreement applies to the public servant or group of public servants by whom or on whose behalf the appeal or application has been made and is still in force, but such award or agreement does not contain any statement of the fundamental basis or principle upon which the classes defined by such award or agreement are so defined, and upon which the placing in such classes of the

offices held by the Government officers to which such

No. 27.] Public Service Appeal Board. [1937.

classes relate shall be determined, this subsection shall be read in conjunction with section seven of the Industrial Arbitration Act Amendment Act (No. 2), 1937, and the provisions thereof shall apply so as to enable the Board to exercise its jurisdiction under this subsection in respect of the said appeal or application.

Amendment

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

deleting therefrom subsection (3) (inserted by the Act No. 29 of 1935) and inserting in lieu thereof a subsection as follows :—

(3.) This section shall be read with and subject to subsection (la) of section six of this Act.

Provision as 4. Notwithstanding any enactment or decision of the

to appeals

already made. Public Service Appeal Board in force or given prior to

the commencement of this Act to the contrary, but sub- ject to subsection (la) of section six of the principal Act as amended by section two of this Act, the Public Service Appeal Board shall have jurisdiction to hear and deter- mine appeals which prior to the commencement of this Act had been made to the said Board within the time and in the manner prescribed in relation to such appeals under section six of the principal Act by or on behalf of public servants or groups of public servants against the reclassifications made by the Public Service Commis- sioner under the provisions of the Public Service Act,

1904-1935, and published in the Govern/mut Gazette on

the fourteenth day of June, the thirteenth day of August, the third day of September, and the third day of Decem- ber, one thousand nine hundred and thirty-seven respec- tively, to the same extent as if this Act had been in force and operation prior to the date when such appeals were made as aforesaid: provided that such appeals had not been withdrawn or discontinued prior to the commence- ment of this Act.

Citation of

principal Act 5. The principal Act as amended by this Act may be

as amended. cited as the Public Service Appeal Board Act, 1920-1937.