Public Service Appeal Board Act Amendment Act 1966 (WA)

No. 63.] Public Service Appeal Board. [1966.

PUBLIC SERVICE APPEAL

BOARD.

No. 63 of 1966.

AN ACT to amend the Public Service Appeal Board

Act, 1920-1960.

[Assented to 12th December, 1966.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Public

Service Appeal Board Act Amendment Act, 1966.

Reprinted in

Vol. 3 of the	(2) In this Act the Public Service Appeal Board
Reprinted

Acts.	Act, 1920-1960, is referred to as the principal Act.
Approved for

Reprint 16th	(3) The principal Act as amended by this Act
February,

1950, and	may be cited as the Public Service Appeal Board
amended hy
Acts Nos.	Act, 1920-1966.

9 of 1950 and

63 of 1960.

1966.] Public Service Appeal Board. [No. 63.

Commence-

2. This Act shall come into operation on a date ment.

to be fixed by proclamation.

Et. 2

3. Section two of the principal Act is repealed repealed and

and re-enacted with amendments as follows-	re-enacted.
Interpre-

2. In this Act unless the contrary intention appears tation.

"Association" means the Civil Service Association of Western Australia Incorporated;

"Board" means The Public Service Appeal

Board established under this Act;

"public servant" means any person who is

employed

(a)	in any capacity in the Public Service of the State as an officer or temporary employee within the meaning of the Public Service Act, 1904; or
(b)	on the administration staff or as an officer of the field staff of the Forests Department under the Forests Act, 1918.

S. 3

4. Section three of the principal Act is amended.

amended

(a) by repealing subsection (2) and re-enact- ing it with amendments as follows

(2) If the appeal

(a) is against a decision of the Public Service Commissioner in relation to an interpretation of any provision of the Public Service Act, 1904, and the regulations made thereunder, concerning the conditions of service (other than salaries and allowances) of public servants;

No. 63.] Public Service Appeal Board. [1966.

(b) is against a decision of the Conservator of Forests in rela- tion to an interpretation of any provision of the Forests Act,

1918, and the regulations made

thereunder, concerning the conditions of service (other than salaries and allowances) of public servants;

(c)	is by an officer included in the Special Division of the Public Service, or by the Association on his behalf, in relation to disciplinary action against him under section forty-four of the Public Service Act, 1904; or
(d)	is by an officer included in the Special Division of the Public Service, or by the Association on his behalf, in relation to any determination made by the Public Service Commissioner concerning the salary of his office, other than a determina- tion made as the result of a variation in the basic wage,

the Board shall consist of a judge who shall be chairman, one member to be appointed by the Governor, and one member to represent the Division of the Public Service concerned, to be elected in the prescribed manner by the members of the Association. ; and

(b) by adding after subsection (2), the follow- ing subsection

(3) If the appeal

(a) is by an officer included in any Division of the Public Service, other than the Special Division, or by the Association on big

1966.] Public Service Appeal Board. [No. 63. behalf, in relation to disciplinary action against him under section forty-two of the Public Service Act, 1904; or

(b) is by a temporary employee, or by the Association on his behalf, pursuant to subsection (2) of section six A of this Act,

the Board shall consist of the Public Service Arbitrator appointed under the Public Service Arbitration Act, 1966, who shall be chairman, one member to be appointed by the Governor, and one member to represent the Division of the Public Service concerned, to be elected in the prescribed manner by the members of the Association. .

5. Section four of the principal Act is amended— 8.4 amended.

(a)	by substituting for the passage, "Subject to the proviso to the last preceding section, every" in lines one and two, the word, "Every"; and
(b)	by substituting for the words, "one year" in line three, the words, "three years".

6. The principal Act is amended by adding after	8. 5A
added.

section five, the following section-

Resignation

5A. A person who is elected in accordance with the provisions of this Act to be a member or a deputy member of the Board may at any time resign from that office if he sends to the Minister written notice under his hand of his resignation and the Minister accepts such resignation. . of member.

462	No. 63.] Public Service Appeal Board.	[1966.
S. 6

repealed and 7. Section six of the principal Act is repealed

re-enacted. and re-enacted with amendments as follows—

Jurisdiction

of Board. 6. The Board shall have jurisdiction

(a)	to hear and determine any appeal by any public servant, or by the Associa- tion on his behalf, against any decision of the Public Service Commissioner, or as the case may require, the Conservator of Forests, in relation to an interpretation of any provision of the Public Service Act, 1904, and the regulations made thereunder, or as the case may be, of the Forests Act, 1918, and the regulations made thereunder, concerning the conditions of service (other than salaries and allowances) of public servants;
(b)	to hear and determine any appeal by any public servant, or by the Associa- tion on his behalf, in relation to disciplinary action against that public servant under section forty-two or section forty-four of the Public Service Act, 1904;
(c)	to hear and determine any appeal made by an officer included in the Special Division of the Public Service, or by the Association on his behalf, in relation to any determination made by the Public Service Commissioner con- cerning the salary of his office, other than a determination made as the result of a variation in the basic wage;
(d)	to hear and determine any appeal made by any temporary employee, or by the Association on his behalf, pursuant to subsection (2) of section six A of this Act,

and to adjust all such matters as are referred to in the foregoing paragraphs of this section.

1966.] Public Service Appeal Board. [No. 63.

8.    The principal Act is amended by adding after Med.

section six, the following section-

ously employed as a temporary employee within employee. 6A. (1) Any person who has been continu- t,txy

the meaning of the Public Service Act, 1904, for a period exceeding five years, and whose duties are similar to those of an officer on the permanent staff or are proper for an officer on the permanent staff to perform, may apply to the Public Service Commissioner for appoint- ment to the permanent staff.

(2) The Public Service Commissioner shall determine any application made pursuant to subsection (1) of this section and an appeal shall lie to the Board from any determination of the Public Service Commissioner so made.

S. 7

9. Section seven of the principal Act is repealed repealed and re-enacted.

and re-enacted with amendments as follows-

Eight of

7. Any public servant, or the Association on

appeal by

public

behalf of any public servant, may in the	servants.
prescribed manner appeal to the Board upon any matter within its jurisdiction affecting that public servant.
S.

10. Section eight of the principal Act is amended amended.

by repealing subsection (4) and re-enacting it with

amendments as follows

(4) The Public Service Commissioner, or as the case may be, the Conservator of Forests, may be represented before the Board on the hearing of an appeal.

11. Section nine and section twelve of the T.:40!Irg..12

principal Act are each repealed.

No. 63.] Public Service Appeal Board. [1966.

S. 16

amended. 12. Section sixteen of the principal Act is

amended

(a)	by deleting the word, "Colonial" in line three; and
(b)	by substituting for the words, "five pounds" in line three, the words, "ten dollars".

S. 17

amended. 13. Section seventeen of the principal Act is amended by substituting for the words, "ten pounds" in line three of paragraph (c), the words, "twenty dollars".