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AN ACT for the Regulation of the Public
Service.

[Assented to 24th December, 1904.]

BE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

PART I.-PRELIMINARY.

1. This Act may be cited as the Public Service Act, 1904. It is divided into parts, as follows:

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PART II-ADMINISTRATION, Ss. 6-16.

PART III-DIVISIONS OF PUBLIC SERVICE, SS 17-22.

PART IV. EXAMINATION AND APPOINTMENT OF OFFICERS,
ss. 23-36.

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Short title and division.

2.

Commencement.

Repeal.
Schedule 1.

Interpretation.

Non-application of

Act to certain

officers.

2. This Act shall come into operation on a day to be fixed by proclamation.

3. The Acts mentioned in the First Schedule are hereby repealed.

4. In this Act the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them, namely:

to

"Commissioner" means the Public Service Commissioner appointed under this Act.

"Department" means any department at any time established by the Governor.

66

Magistrate" means a resident magistrate, a police magistrate, or a magistrate of a local court.

"Minister" means the responsible Minister of the Crown for the time being administering the department in which the officer in connection with whom the term is used is employed.

"Officer" means and includes all persons employed in any capacity in those branches of the Public Service to which this Act applies.

"Permanent Head" means the permanent head of the department wherein is employed any officer in connection with whom the term is used or is applicable.

"Prescribed" means prescribed by this Act or any regulation thereunder.

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Regulations" means the Public Service Regulations for the time being in force under this Act.

"This Act" includes the regulations made thereunder.

5. Unless otherwise expressly provided, this Act shall not apply

the Judges of the Supreme Court; or

any officer of either House of Parliament under the separate control of the President or Speaker, or under their joint control; or

the Agent General; or

the Auditor General; or

the Police force; or

the teaching staff of the Education Department; or

any officer or person appointed by the Commissioner for Railways under the Government Railways Act, 1904, or any Act amending the same; or

any officer or class of officers to whom or to which, on the recommendation of and for special reasons assigned by the Commissioner, the Governor declares that the provisions of this Act shall not apply.

PART

PART II.-ADMINISTRATION.

Public Service Commissioner.

missioner.

6. (1.) For the purposes of this Act the Governor may from Appointment of time to time appoint some fit and proper person to be Public Service Public Service ComCommissioner, who shall have the powers and authority, and shall c. Com. P. S. Act. perform the duties and functions hereinafter vested in or imposed s. 5. upon the Commissioner.

2.) The Commissioner shall be appointed for a term of seven years, and shall be eligible for re-appointment.

(3.) In the case of the illness, absence, or suspension of the Commissioner, the Governor may appoint some other person to act as the deputy of such Commissioner during such illness, absence, or suspension; and such person shall, during the time for which he acts as such deputy, have all the powers and perform all the duties of such Commissioner.

(4.) No action shall be brought or maintained against any person who is or shall have been Commissioner for any non-feasance or misfeasance in connection with his duties, nor shall any action lie nor any costs be payable in respect of any proceeding before the Commissioner.

(5.) The Commissioner shall receive a salary at the rate of eight hundred and fifty pounds per annum. Such salary is hereby charged on the Consolidated Revenue Fund, which, to the necessary extent, is hereby appropriated accordingly.

(6.) No person shall be eligible for the office of Commissioner who is or has been, at any time during the twelve months preceding the commencement of this Act, a member of Parliament.

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7. (1.) The Commissioner may be suspended from his office by Suspension or the Governor, but shall not be removed from office except as herein- moval of Commisafter provided.

(2.) There shall be laid before both Houses of Parliament a full statement of the grounds of suspension within seven days after such suspension, if Parliament is in session and actually sitting, or if Parliament is not in session or not actually sitting, within seven days after the commencement of the next session or sitting.

(3.) The Commissioner so suspended shall not be restored to office unless each House of Parliament, within forty-two days after the day when such statement is laid before it, severally declares by resolution that the said Commissioner ought to be restored to office.

4) If each House of Parliament within the said time so declares, the said Commissioner shall be restored to office by the Governor accordingly, but otherwise he may be removed from office.

(5.) If the Commissioner is restored to office, he shall receive arrears of salary in full from the date of his suspension.

8.

sioner.
Com, P. S. Act, s. 6.

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