Public Service. (d.) On reduction affecting generally the Public Service recommended by the Governor and accepted by Parlia ment. 15. PUBLIC servants may be transferred from one office to Transfer from one another; and in case of abolition of any office the Governor, in lieu of dispensing altogether with the services of the last holder, may appoint him to some other office. office to another. Departmental confidential reports. Appointments. Appointment to vacancies. Appointments to vacancies. 16. EVERY head of a department shall furnish to the Minister once in each year, and at such other times as the Minister may direct, confidential reports upon the conduct and efficiency of every public servant employed in his department. PART III.-APPOINTMENT OF PUBLIC SERVANTS. 17. ALL appointments to the Public Service shall be made by the Governor, or by the Minister under authority delegated to him by the Governor. 18. VACANCIES in the Public Service shall, so far as practicable, be filled by the appointment of some public servant in the division and department in which the vacancy occurs. 19. IF some public servant in another division or department has a greater claim to be appointed to the vacant office, he may be appointed to such office. In comparing claims, regard shall be had to the relative seniority of the applicants and their qualifications for the vacancy. If there is no qualified public servant willing to fill the vacancy, some person not in the Public Service may be appointed. 20. NO person shall be eligible for appointment to other than Age of appointment. the Non-Clerical Division unless he shall have attained the age of sixteen years, nor unless he shall have passed the prescribed examinations. Duties. Fees or remuneration not to be received. PART IV. DUTIES AND PRIVILEGES OF PUBLIC SERVANTS. 21. EVERY public servant shall faithfully. capably, and diligently discharge his duties, and shall observe the Public Service Regulations. 22. NO fee, reward, or remuneration of any kind whatsoever, beyond his official emoluments, shall be received for his private use by any public servant for any service rendered in the course of or in connection with his employment, nor shall any public servant accept any Public Service. any paid employment from any employer other than the Govern ment, without the consent in writing of the Minister controlling his 23. NO address or testimonial shall be accepted by any public Addresses and testiservant, in respect of his official duties, without the sanction in monials. writing of the Minister of his department. Information not to 24. NO official information out of the strict course of official 25. NO public servant shall make any communication, directly Communications not or indirectly, to the press upon any matter affecting the department to be made to the in which he serves, or the business or the officers thereof, or relating Public Press. to the Public Service, or his own official position or acts, or upon any political subject or question connected with Western Australia, without the express permission or authority of a Minister. 26. PUBLIC servants are expressly forbidden from taking part in any political affairs, otherwise than by the exercise of the franchise. Any public servant who uses for political purposes information gained by him in the course of duty shall be summarily dismissed. Political affairs. No overtime in cer 27. NO payment for overtime shall be allowed to public .28. PUBLIC servants shall be entitled to annual leave of (a.) For recreation for two weeks on full pay: 29. PUBLIC servants shall be entitled to long service leave as (a.) For six years' continuous service, except during annual Leave of absence. Long service leave. (b.) Holidays. Ed Public Service. (b.) The time for taking long service leave shall, in each case, be approved by the Governor, and the Governor may, for sickness or special necessity, grant extended long service leave on such terms as may be thought fit. 30. THE following days shall be Public Service Holidays throughout the Service : (a.) New Year's Day. Easter Eve. Easter Monday. Christmas Day. The 26th day of December. (b.) The Birthday of the Sovereign. The Prince of Wales' Birthday. The Anniversary of the Foundation of the Colony (1st day of June). The Anniversary of the Settlement of Australia (26th day of January). Proclamation Day (21st day of October). (c.) Also all days which the Governor may appoint, and which shall be gazetted as Public Holidays. Whenever any of the holidays mentioned in sub-section (b) fall upon a day other than a Monday, the following Monday shall be a holiday instead of such day. 31. THE services of any public servants may be required by Attendance on Pub the Minister on any Public Service holiday, but in such case such public servants shall be allowed another holiday in lieu thereof. lic Holiday. Absent officers' duties, how performed. Charges against officers. 32. THE duties of any absent public servant shall be performed without additional pay by the other public servants of the department, or, should this be impracticable, then in such manner as the Minister may direct. PART V.-REMOVALS OF PUBLIC SERVANTS. (a.) Conduct rendering him unfit to remain in the Service; or his duties: he may be suspended by the Minister, and shall thereupon be furnished with a written copy of the charge. 34. Public Service. . 34. IF any suspended public servant shall deny the truth of such charge, and demand, in writing, an inquiry, the Governor shall appoint a board to inquire as to the truth of such charge, and such board shall have authority to hear, receive, and examine evidence, and shall, after fully hearing the case, report to the Governor thereon. There may be paid to any member of the board, in addition to all expenses necessarily incurred, such reasonable remuneration as the Governor approves. 35. AFTER the receipt of the report, or if the suspended public servant shall not have demanded an inquiry, then at any time the Governor may (a.) Cancel the suspension and restore the public servant to his office; or (b.) Remove him from the service; or (c.) Reduce him to a lower position or pay; or (d.) Deprive him, for such time as may be thought fit, of any of 36. UNLESS it shall be otherwise specially ordered by the (a.) If any public servant be suspended pending any inquiry (b.) If he be reduced, the reduced rate of pay shall take effect (c.) If he be restored, he shall receive arrears of pay in full Public servant may demand inquiry. Proceedings by the Payment of salaries after suspension. Forfeiture of office 37. IF any public servant be convicted of felony, or of misdemeanour punishable by statute by imprisonment for twelve months in certain cases. or more, or be adjudicated bankrupt or insolvent, or take the benefit of any law for the relief of insolvent debtors, he shall forfeit his office. 38. be reinstated in the WHEN any such public servant has forfeited his office by reason of pecuniary embarrassment, if he prove to the satisfaction of Insolvent officer may the Governor that such embarrassment has not been caused or absence of fraud. attended by any fraud or dishonourable conduct on his part, the Governor may restore him to his former position. Incapacitated 39. THE Governor may require any public servant who has 40. Permanent officers. 2.87.116.16 Regulations. Regulations to be laid before Parlia ment. Notices to be gazetted. Public servants Public Service. 40. ALL officers who have been continuously employed for a period of two years, and whose services it is not intended to dispense with at an early date, shall, for all the purposes of this Act, be treated as permanent officers. PART VI.-MISCELLANEOUS. 41. PUBLIC Service regulations may be made by the Governor 1. For prescribing the examinations to be passed by persons desiring to enter the Public Service: II. For the definition of the duties of public servants and securing the discharge of such duties, and the observance of proper discipline and the hours of attendance: III. For prescribing the allowances to public servants travelling on duty: IV. For giving effect to any provision or purpose of this Act: v. For the classification of the Public Service. 42. NO Public Service regulation made by the Governor shall be of any force until gazetted, and all such regulations shall be laid before both Houses of Parliament, within fourteen days after the making thereof if Parliament be then sitting, or if not, then within fourteen days after the commencement of the next Session of Parliament. 43. ALL notices of appointments, retirements, removals, and dismissals shall be gazetted, and the Gazette notice shall be deemed and taken to be conclusive evidence of every such appointment, retirement, removal, or dismissal, and of the validity thereof. 44. EVERY public servant shall be entitled, free of charge, to entitled to copy of one copy of this Act and of all regulations affecting his department; Act and Regulations. and also to a copy of the report of any Board which has investigated any charge made against him. In the name and on behalf of the Queen I hereby assent to this Act. ALEX. C. ONSLOW, Administrator. By Authority: RICHARD PETHER, Government Printer, Perth. |