Lieutenant Governor. PAPUA ACT 1905. The Lieutenant-Governor may in the name of the GovernorGeneral appoint all necessary judges, magistrates, and other officers of the Territory, who shall, unless otherwise provided by law, hold their office during the pleasure of the Governor-General. Every such appointment shall be temporary until approved by the GovernorGeneral. The Lieutenant-Governor may, upon sufficient cause to him appearing, suspend from office any officer of the Territory. Notwithstanding anything contained in the Commonwealth Public Service Act 1902 the Governor-General may, on the recommendation of the Public Service Commissioner, and on his certificate that it is desirable in the interests of the Commonwealth that the appointment be made, appoint any officer of the Territory (other than an officer whose appointment is temporary) to any office in the Clerical Division of the Public Service of the Commonwealth, and may on the like recommendation require the officer to effect and continue such an assurance on his life as the Governor-General thinks fit.. HIGH COMMISSIONER ACT 1909. High Commissioner. The Governor-General may, subject to the Commonwealth Public Service Act 1902, appoint officers for the performance of any duties required in the execution of this Act. The Governor-General may except any such officer from any or all of the provisions of the Public Service Act. The High Commissioner may appoint officers for the performance of any duties required in the execution of this Act. Such appointments shall be made in accordance with such instructions in that behalf as he receives from the Minister. Every such appointment shall cease to have effect at the expiration of six months from the date of appointment, unless the Governor-General in the meantime confirms the appointment. COMMONWEALTH PUBLIC SERVICE ACT 1918. Telegraph Messengers. Under the Act of 1902-11, section 32 (a), persons employed as telegraph messengers must, on attaining the age of eighteen years, leave the public service unless they have passed the prescribed examination. By the Act of 1918, this law does not apply to telegraph messengers who have served with satisfactory record in the Expeditionary Forces, and who have attained the age of eighteen years after the 1st of November, 1915, unless the Commissioner otherwise directs. Examinations Dispensed with. Where the Commissioner reports to the Governor-General that it is not desirable that the system of examination should be applied in relation to any appointment to a specified position, or appointments to a specified class of positions, in the General Division, there may be appointed to that position, or to a position in that class, a person who has not passed the prescribed examination. In making appointments under the provisions of this section, preference shall be given to persons who have served with satisfactiory record in any Expeditionary Force raised under the provisions of the Defence Act 1903-1917. Where the Governor-General so directs persons appointed under the provisions of this section shall not be subject to the provisions of Part IV. of this Act. Aliens. If after inquiry a Royal Commission appointed under the Royal Commissions Act 1902-1912 to inquire into the origin cf birth and parentage of persons in the Public Service or employ reports to the Governor-General that it is of opinion that the continuance of any person in the Public Service or employ is detrimental to the public safety or the defence of the Commonwealth, the GovernorGeneral may dismiss the person from the Public Service or employ. No person who is dismissed from the Commonwealth Public Service or employ in pursuance of this section shall be entitled to make any claim against the Commonwealth by way of compensation or otherwise in respect of his dismissal. This section shall be deemed to have commenced on the first day of May, 1918. Holidays. In addition to the days mentioned in the Principal Act, viz. :— Christmas and the following day, New Year, 26th January, Good Friday and the following Saturday and Monday, and King's Birthday holidays, there may be observed as public holidays or halfholidays in the public offices of the Commonwealth, or in any part thereof, such additional days or half-days, not exceeding in the whole, in the case of any office, four days in any one calendar year, as are prescribed. The Governor-General may by proclamation at any time for any special occasion appoint, in addition to the days hereinbefore named, any specified day or half-day to be observed as a holiday or half-holiday in the public offices of the Commonwealth or in any part thereof. The Minister of a Department or the permanent head or chief officer thereof may require the department or any part thereof to be kept open in the public interest for the whole or any portion of a holiday observed in pursuance of any of the preceding sub-sections, and may require the attendance and services of any officer of the department during that holiday; but in that case that officer shall be granted an amount equal to a day's salary if a full day's attendance has been required and a proportionate amount if less than a full day's attendance has been required. Provided that no proportionate payment shall be less than one-half day's pay. Where the hours of duty of any officer are arranged by schedule and the attendance and services of that officer are required during any holiday observed in pursuance of this section, that officer shall not be entitled to receive in respect of his attendance and services during that holiday an amount greater than a full day's salary. The Regulations may prescribe that the performance, by an officer on a holiday, of duty commencing at or after a prescribed hour of commencement, or terminating at or before a prescribed hour of termination, shall not be deemed to be the performance of duty on a holiday. This section commences on the first day of January, 1919. Public Servants. The Commonwealth has exclusive power to make laws dealing with all persons in the Commonwealth Public Service, and regulating and, if necessary, reducing their salaries; and there is nothing in section 84 of the Constitution to limit this power: Cousins v. Commonwealth, (1906) 3 C.L.R., at p. 542. In the United States, it has been held that Congress has power to prescribe all needful regulations for the discipline of Government officers, and to declare what breaches of discipline shall be treated as criminal offences. The power to forbid conduct which is incompatible with the proper discharge of official duties, or which impair efficiency or tend to demoralize the public service, is necessarily vested in Congress; Congress has a wide discretion in determining what acts are of that character; and only when Congress has palpably transgressed the limits will the judiciary interfere. Such a case might arise if Congress should attempt to forbid an act of a nature pertaining so exclusively to the sphere of private conduct that it could not, by any implication, infringe upon official deportment or discipline. Accordingly, section 6 of the Act of Congress of 15th August 1876, c. 287, which forbids officers to give to, or solicit or receive from, other officers any money for political purposes, was held to be constitutional: United States v. Curtis, (1882) 12 Fed. R., 824. Concurrent Powers in Criminal Matters. In Western Australia, a prisoner was convicted under section 471 of the Criminal Code of the State, passed in 1902, of uttering a false document, to wit, a telegram, contrary to State law. On a case stated to the Supreme Court of the State, it was argued that the State law, as applied to telegrams, was an encroachment on the exclusive Commonwealth power as to matters relating to the Post and Telegraph Department. The Court, however, sustained the conviction, holding that the State retained power to deal with the offence (which only indirectly affected the postal authorities) under its general criminal law-notwithstanding that the act might also be punishable under Federal law: R. v. McDonald, (1906) 8 W.A.R., 149. Command of Naval and Military Forces. 68. The command 113 in chief of the naval and military forces of the Commonwealth is vested in the Governor-General as the Queen's representative. § 113. "COMMAND IN CHIEF.” LEGISLATION. DEFENCE ACT 1903-1915, Sections 53, 55. In time of war, the Governor-General may, subject to the provisions of this Act, place the Defence Force or any part thereof under the orders of the Commander of any portion of the King's Regular Forces or the King's Regular Naval Forces, as the case may be. The Military Forces shall at all times, while on active service, whether within or without the limits of the Commonwealth, L. P. 42 be subject to the Army Act save so far as it is inconsistent with this Act; but so that the regulations may prescribe that any provisions of the Army Act shall not apply to the Military Forces. NAVAL DEFENCE ACT 1911, Section 3. Whenever the Commonwealth Naval Forces are acting with any part of the King's Naval Forces or any part of the naval forces of any part of the King's Dominions, then, subject to any order made by the Governor-General, under the next following sub-section the forces so acting together shall, while so acting, be deemed to be one force or unit of a force in command of the senior naval officer present and acting in a position of command, and, subject to his orders, all officers in the force or unit shall have, as regards command and discipline in relation to the Commonwealth Naval Forces, the same powers and authority as it they were officers of the Commonwealth Naval Forces. Where any arrangement has been made between the Government of the Commonwealth and the Government of the United Kingdom or the Government of any part of the King's Dominions in relation to any joint action or mutual action in relation to training or service by the Naval Forces of the Commonwealth and the Naval Forces of the King and the naval forces of any part of the King's dominions or any of those forces, the Governor-General may, by order published in the Gazette, give such directions or instructions as he thinks fit to carry out the arrangement. Any order made by the Governor-General in pursuance of this section shall have effect as if it were enacted in this Act. Transfer of Certain Departments. 69. On a date or dates to be proclaimed by the Governor-General after the establishment of the Commonwealth the following departments of the public service in each State shall become transferred 114 to the Commonwealth : Posts, telegraphs, and telephones: |