PUBLIC SERVICE SALARIES
ACT (No. 2).
Act No. 29, 1931.
An Act to make further provision for the reduc tion of salaries of officers of the Public Service, of certain other officers and em ployees of the Crown, and of officers and other employees of public authorities and corporate bodies; to reduce by deduction certain salaries, including allowances and salaries payable under the Parliamentary Allowances and Salaries Act, 1930; to repeal the Public Service (Salaries Reduction) Act, 1930, and the Public Service (Salaries Reduction) Amendment Act, 1931; to amend the Constitution Act, 1902, and certain other Acts; and for purposes con nected therewith. [Assented to, 8th August, 1931.]
BE it enacted by the K i n g ' s Mos t Exce l l en t
Majesty,
| b y and wi th t h e advice and consent of t h e Legis la t ive Counci l a n d Legis la t ive Assembly of | N e w | Sou th |
| (3) This Ac t shall he read and cons t rued subjec t t o t h e C o m m o n w e a l t h of Aus t ra l ia Cons t i tu t ion Ac t , and so as not to exceed the legislat ive power of the S ta te to t h e i n t e n t t h a t where any e n a c t m e n t thereof | would |
| Wales in P a r l i a m e n t | assembled, and by | the au tho r i t y | of |
t h e same, as follows :—
| 1. | (1) This | A c t | m a y | be ci ted as | the | " P u b l i c |
| Service Salaries A c t | (No. 2) , | 1 9 3 1 . " |
(2) This A c t shall be deemed to commence on
| the seventh day | of A u g u s t , one thousand | n ine | h u n d r e d |
would b u t for th i s subsection have been cons t rued as be ing in excess of t h a t power, i t shal l never theless be a valid e n a c t m e n t to t he ex t en t to which i t is n o t in excess of
| 2. | The | Pub l i c | Service | (Salaries | R e d u c t i o n ) | Ac t , |
| 1930, and | t h e | P u b l i c | Service | (Salaries | Reduc t ion ) |
| A m e n d m e n t | Ac t , | 1931 , a re | he reby | repealed. |
| 3 . | I n | th i s Ac t , un less | t h e | con tex t | or | sub jec t -mat te r |
| o therwise | r equ i r e s ,— |
| " C r o w n | c o r p o r a t i o n " | means | any | body | ment ioned |
in t he Schedule to th is Ac t .
" S a l a r y " inc ludes wages and the value of allow ances such as ren t , house al lowed r en t free, l igh t , fuel, rat ions, a n d fees al lowed regu la r ly as e m o l u m e n t s of office, w h e t h e r in one s u m or several sums, b u t does nu t include bonuses , over t ime pay, t rave l l ing or rel ieving expenses, forage, equ ipmen t , sus tenance , or c l imatic a l lowance, or any o the r al lowance or emolu m e n t which the Governor m a y de te rmine , a n d
| does not inc lude pension, supe rannua t ion , | or |
| r e t i r i ng | al lowance | or | gra tu i ty | for | t h e | loss | of |
| office or on dea th , or any p a y m e n t | on | re t i re |
| m e n t in respect of leave. |
" Off icer" means a person whose salary is provided
for by or pa id out of a n y a n n u a l or special or
p e r m a n e n t appropr ia t ion of t h e Consolidated
| R e v e n u e | Fund, | the | Special Deposi ts | Accoun t , |
t he Genera l L o a n Accoun t , or a n y t r u s t or special fund or accoun t cons t i tu ted or es tab l ished b y any A c t as p a y m e n t for persona l
| services rendered by a n y officer employed in |
| t h e service of t h e G o v e r n m e n t of N e w Sou th |
| W a l e s or by or in t h e service of a n y | Crown | |
| corporat ion, w h e t h e r t h e a m o u n t of such pay m e n t is or is no t specified in such Ac t , a n d w h e t h e r such officer is employed in or in connect ion wi th one D e p a r t m e n t or several D e p a r t m e n t s , and includes every person a p pointed by t h e Governor whose salary or r e m u n e r a t i o n is fixed by a n y A c t or by t he |
| Governor | in p u r s u a n c e | of some Act , a n d | every | |
person
person appoin ted by a Min i s te r in p u r s u a n c e of any A c t and whose salary is fixed by any
| A c t | or by | t he | Min i s t e r . |
| B u t t he | t e rm | does n e t | i nc lude— |
H i s Exce l lency the Governor ;
| t h e P r iva te Secre ta ry | to | H i s | Exce l lency |
| or any person who by the t e rms of | his |
emp loymen t is no t required to give his whole t ime to t he du t ies of his employmen t and whose salary for such e m p l o y m e n t docs not exceed
| t h e | a m o u n t | of | t he | declared | adu l t |
| ma le or adu l t female l iv ing wage | in |
force for t he t ime be ing a n d appl i cable to t he person or a ra te of wages paid at hour ly , daily, or weekly ra tes or by piecework equ iva len t to t h a t a m o u n t .
(1) Subject to th is section, d u r i n g the period in which th is A c t is in force, t h e following provisions
4 .
| shal l , no twi ths t and ing any Act, | have | effect— |
(a) I n t he case of—
(i) a male officer the rate of whose salary
| does | not exceed t h e a m o u n t | of | t h e | |
| declared | a d u l t | ma le | l iv ing | w a g e | in | |
force for the t ime be ing ;
(ii) a female officer the rate of whose salary docs no t exceed the a m o u n t of t he declared adu l t female l iv ing wage in force for t he t ime be ing ,
| t he salary of such officer shal l be reduced by a |
| deduct ion | of | e igh t pounds six shi l l ings | a n d |
| e igh tpence | per | c en tum. |
(b) I n t h e case of—
(i) a male officer the rate of whose salary exceeds t he a m o u n t of t he declared adu l t ma le l iv ing wage in force for
(ii) a female officer the rate of whose salary exceeds t h e a m o u n t of t h e declared adu l t female l iving wage in force for
t h e
t he salary of such officer shall be reduced by
deduct ion as follows : —
| by | fifteen per c e n t u m on t h a t p a r t of t he salary which does no t exceed two |
| h u n d r e d | pounds | per | a n n u m ; | |
| by seventeen and one-half | per c e n t u m on |
| t h a t pa r t of t he salary which | exceeds |
two hund red pounds per a n n u m b u t does not exceed four hundred pounds
| by | t w e n t y | per | c e n t u m | on | t h a t | pa r t | of t h e |
sa lary which exceeds four hund red pounds per a n n u m b u t does not exceed
| six h u n d r e d | pounds | per a n n u m | ; |
| by | twen ty - two | and | one-half | per | c e n t u m |
on t h a t p a r t of t h e salary which exceeds six hund red pounds per a n n u m b u t does no t exceed e igh t h u n d r e d pounds per a n n u m ;
| by twenty-five | per c e n t u m | on t h a t par t of |
| t he salary which exceeds e igh t | hund red |
| pounds per a n n u m and does no t | exceed |
| one thousand pounds per a n n u m ; |
by twenty-seven and one-half per c e n t u m on t h a t pa r t of the salary wh ich exceeds one thousand pounds per a n n u m and does not exceed one thousand five h u n d r e d
| by | t h i r t y - two | and one-half | per c e n t u m | on |
| t h a t pa r t of t he salary which | exceeds |
| one thousand five h u n d r e d | pounds per |
| a n n u m | ; |
(i) in the case of a male officer the rate of
| whose | sa lary | exceeds | t h e | a m o u n t | of | |
| t h e declared a d u l t ma le l iv ing wage , in force for t he t ime be ing , such salary shal l no t be reduced by opera t ion of th i s section below one h u n d r e d a n d |
| ninety-seven pounds per | a n n u m . | |
(ii)
(ii) in the case of a female officer the rate
| of whose salary | exceeds t he a m o u n t of | |
| t he declared adu l t female l iv ing wage , in force for t he t ime being, such salary shall not he reduced by operat ion of th i s section below one h u n d r e d and |
| seven pounds per | a n n u m . | |
(2) I n the appl ica t ion of t he provisions of th is section to t he case of a marr ied male officer, or an officer who is a widower wi th dependen t child or ch i ld ren or an officer who is a widow wi th dependen t chi ld or chi ldren, the following fur ther provisions shal l
| have | ef fec t :— |
| (a) | where the salary of such officer docs not exceed the ra te of t h r ee hundred pounds per a n n u m , t he officer shall he entit led to a r eba te of fifteen pounds per a n n u m from t h e deduct ion prescr ibed by th is section ; | | (b) | where the salary of such officer exceeds the ra te of th ree hundred pounds per a n n u m , such salary shal l no t be reduced below two hundred | |
| and | s ix ty-e ight | pounds per | a n n u m . |
| (3) | W h e r e | by | ra t ion ing of | e m p l o y m e n t | reduc t ion |
is m a d e in the salary of any officer, t he officer shall be given credi t for t he a m o u n t of such reduc t ion as aga ins t
| t he r educ t ion | to be m a d e u n d e r th is | section. |
(4) This section shal l ex tend to t h e al lowances and salaries reduced by the P a r l i a m e n t a r y Al lowances and Salaries Act , 1930, and the persons receiving such al lowances or salaries shall be deemed to be officers
| wi th in | the | m e a n i n g | of | this | Ac t . |
| The deduc t ion prescr ibed by th is sect ion shal l | he |
m a d e from the ra te of such al lowances a n d salaries as payable immedia te ly pr ior to the c o m m e n c e m e n t of t h a t Act , a n d such deduct ion shal l in respect of the period in which th is Ac t is in force t ake the place of the reduc t ion of such al lowances and salaries effected by t h a t Ac t .
(5) This section shall apply in respect of a person n o t w i t h s t a n d i n g t h a t he is whol ly or par t ia l ly paid a t hour ly , daily, or weekly ra tes , or by piecework, which p a y m e n t s shall be included in t he salary of such person for the purposes of this Act .
(6)
| (0) | N o salary of a n adu l t officer shall by opera t ion |
of th i s section be reduced below the a m o u n t of t h e declared a d u l t male or adu l t female l iv ing wage in force for the t ime be ing and appl icable to t h e officer.
| 5 . | (1) | The deduc t ion m a d e in p u r s u a n c e of th is | Act |
shal l n o t a l ter or affect any officer's grade or classifica
tion or his re la t ive posit ion or seniori ty.
| (2) E v e r y | officer | m a y | cont inue | to | con t r ibu te |
towards any supe rannua t ion fund or accoun t a t t h e r a t e appl icable to h im and as if no deduct ion had been
| m a d e f rom his salary in pu r suance of th i s | Ac t . |
| (3) | The pension, supe rannua t ion , or re t i r ing allow |
| ance, or a n y | compensa t ion | or | g ra tu i ty , | or | t h e | p a y m e n t |
| on r e t i r emen t | on account | of | leave | to w h i c h a n y | officer |
or his representa t ive is or becomes ent i t led shal l no t be lessened or d iminished, nor shal l t h e m e t h o d of compu ta t ion thereof be a l tered in consequence of a n y deduct ion
| m a d e in pu r suance | of th is | A c t . |
| 6. The provisions of th is A c t shall cease to have effect on t he | fifth | day of A u g u s t , one thousand n ine |
| hundred | and | th i r t y - two . |
S C H E D U L E .
The Rai lway Commissioners for New South Wales .
| T h e | W a t e r | Conservat ion | and | I r r iga t ion | Commission. |
The Main Roads Board of New South W a l e s .
| The | Sydney | H a r b o u r | T rus t . |
| T h e Trus tees of the Aus t ra l i an | Museum. |
| T h e Fores t ry Commission of Now South | W a l e s . |
| T h e | Metropol i tan | Transpor t | Trus t . |
| T h e | Newcast le a n d | Dist r ic t | Transpor t | Trus t . |
| E J E C T M E N T S |