Offices how vacated. 8. The Commissioner shall be deemed to have vacated his Com. P. S. Act, s. 7. office Commissioner to Cf. N.S.W., 1902, Commissioner to officers or re arrangement of work. (a.) if he engages during his term of office in any paid employment outside the duties of his office; (b.) If he becomes bankrupt, or compounds with his creditors (c.) if, except on leave granted by the Governor, he absents General powers and duties of Commissioner. 9. (1.) As often as necessary to carry out the directions and provisions of this Act, and ensure the establishment and continuance of a proper standard of efficiency and economy in the Public Service, the Commissioner shall, as far as practicable, personally inspect each department, and investigate the character of the work performed by every officer therein, and the efficiency, economy, and general working of such department, both separately and in its relation to other departments, and may, for such purpose, examine the permanent head of such department and such other witnesses as may appear to the Commissioner to be necessary. (2.) The Commissioner may propose to the Governor any propose changes of particular disposition of officers and offices and the division, class, or grade of every officer, and re-arrangement or improved method of carrying out any work which appears to the Commissioner necessary Com. P. §. Act, s. 8. or expedient for the more economic, efficient, or convenient working of any department, and such proposal shall be considered and dealt with by the Governor. (3.) If the Governor does not approve of any proposal, it shall be the duty of the Commissioner to reconsider such proposal, and within a time to be specified by the Governor to submit another proposal. Such fresh proposal shall be considered and dealt with by the Governor. (4.) Where the Governor does not approve of any proposal, a statement of the reasons for not approving and for requiring a fresh proposal shall be laid before the Parliament. (5.) Every proposal of the Commissioner relating to classification or to re-classification shall, before it is finally dealt with by the Governor, be published in the Government Gazette. (6.) of any department. (6.) If the Commissioner finds that more officers are employed Alteration of staff in any class or grade in a department than may be determined to be necessary for the efficient working of such department, such officers as are in excess may be transferred by the Governor. on the recommendation of the Commissioner, to some other department; and no appointment or promotion of an officer shall be made to such class or grade in such first-mentioned department until by transfer, retirement, dismissal, or death, the number of officers in the same class or grade is reduced below the number in such class or grade determined to be necessary for the efficient working of such department. (7.) If the services of any officers in excess in any depart- Excess officers. ment are not likely to be required in any other department, the Governor, on the recommendation of the Commissioner, may call upon such officers to retire from the Public Service; and every such officer so called upon to retire shall retire accordingly. A record shall be kept of all officers who retire under this subsection, and in the event of the re-appointment of any such officer to the Public Service the provisions of section thirty-four shall not apply. (8.) The Commissioner shall make such specific or general reports as the Governor may from time to time require. 10. Any officer dissatisfied with any proposal of the Commis- Appeals in respect sioner, either particular or general, in regard to grade affecting him, of grade or classifior to the classification of the work performed by or assigned to him, c. N.S.W. 1902, may, within the prescribed time after publication of such proposal No. 31, s. 19. in the Government Gazette, appeal to an Appeal Board constituted as hereinafter provided. witnesses and take 11. (1.) The Commissioner may at any time summon any person Power to summon whose evidence appears to be material to the determining of any evidence on oath. subject of inspection, inquiry, or investigation under this Act; and Com. P. S. Act, s. 10. any person so summoned shall attend at such place and time as is specified in such summons and produce any official or public books, documents, or writings in his custody or control material to the inquiry, and the Commissioner may examine such person upon oath touching any matter to be inquired into. (2.) If without reasonable cause any person not being an officer summoned pursuant to this section, after being paid or tendered his reasonable expenses, neglects or fails to appear or refuses to be sworn or to answer any question put to him by the Commissioner or to produce all books, documents, or writings pursuant to such summons, he shall be liable to pay a penalty not exceeding twenty pounds, to be recovered by any authorised officer in any court of competent jurisdiction: Provided that no person shall be compelled to answer any question which would tend to incriminate him. 12. For purpose of inquiry, Commis powers. 12. For the purpose of conducting an inquiry or investigation sioner may delegate under the authority of this Act outside of Perth, at which it may be inconvenient for the Commissioner to be present, the Commissioner may, with the approval of the Governor, delegate any of his powers or functions to any fit person or persons; but the report or decision upon any such inquiry or investigation shall be made by the Commissioner. Cf. N.S.W. Act, 1902, No. 31, s. 11. Record of officers to Cf. Com. P. S. Act, 8. 9. 13. (1.) The Commissioner shall keep a record of all officers, be kept and gazetted. showing, with regard to each officer, his age and length of service, the office he holds, and his division, class, grade, and salary under this Act. (2.) The Commissioner shall, in the month of August in each year, forward to the Governor, and publish in the Government Gazette, a list of all officers on the first day of July in such year, together with the particulars so recorded in respect to them, and showing the date of appointment of such officers. Such list shall be prima facie evidence of the information contained therein; a copy of such list shall be laid before Parliament within fourteen days of publication, or, if Parliament is not sitting, then within fourteen days after the commencement of the next sitting thereof. Commissioner to 8. 11. 14. The Commissioner shall furnish to the Governor, for presentation to Parliament, at least once in each year, a report on the condition and efficiency of the Public Service, and of the Cf. Com. P. S. Act, proceedings of the Commissioner; and in such report there shall be set forth any changes and measures necessary for improving the method of the working of the Public Service, and especially for insuring efficiency and economy therein and in each department thereof. The Commissioner shall, in such report, draw attention to any breaches or evasions of this Act which may have come under notice. Assistant Commissioners. Commissioner not 15. The Governor may appoint, temporarily, two assistant Public Service Commissioners, who shall act in conjunction with the Commissioner in the classification and grading of officers, and in the exercise of such other powers and duties of the Commissioner as the Governor may, from time to time, on the recommendation of the Commissioner, direct. 16. No member of Parliament shall interview or communicate to be interviewed. with the Commissioner regarding the appointment of any applicant for a position in the Public Service. Divisions of Service. Cf. Com. P.S. Act, 8. 15. PART III-DIVISIONS OF PUBLIC SERVICE. 17. The Public Service shall consist of four Divisions, that is to say: The Administrative Division, The Professional Division, The Clerical Division, and The General Division. 18. Division. 18. (1.) The Administrative Division shall include all Per- Administrative manent Heads of Department, and also all persons whose offices the Governor, on the recommendation of the Commissioner, directs to s. 16. be included in such Division. Cf. Com. P. S. Act, sion. (2.) The Professional Division shall include all officers whose Professional Dividuties require in the person performing them some special skill or technical knowledge usually acquired only in some profession or occupation different from the ordinary routine of the Public Service, and whose offices the Governor, on the recommendation of the Commissioner, directs to be included in such Division. (3.) The Clerical Division shall include all officers whose Clerical Division. offices the Governor, on the recommendation of the Commissioner, directs to be included in such Division. (4.) The General Division shall include all persons in the General Division. Public Service not included in the Administrative, or Professional or Clerical Division. 19. The officers in the Administrative Division (except in the Salaries of Adminiscase of officers paid at a specified rate by virtue of any Act) shall trative Division. Cf. Com. P. S. Act, be paid such salaries as may be provided in the Appropriation Act. 8.17. sional and General 20. In the Professional Division, and the General Division Salaries of Profes(except in the case of officers paid at a specified rate by virtue of any Divisions. Act) the officers shall be paid salaries and wages in accordance with cf. Com. P. S. Act, such fixed amounts or scales as may be prescribed. s. 18. Division. 21. The Clerical Division shall be divided into seven classes Classes of Clerical Each of such classes shall be subdivided as set forth in the Second Schedule to this Act, and the rate of salary of an officer in a grade Second Schedule. of any such class shall be that assigned to such grade in such Schedule. Cf. Com. P. S. Act, 8. 19. s. 20. 22. Notwithstanding anything contained in this Act, the Power to fix salary. Governor may, on the recommendation of the Commissioner, fix by cf. Com. P. S. Act, order the rate of salary to be paid to an officer occupying any particular office at any sum within the limits of his class or grade, and such sum shall be the salary attached to such officer while he holds such office, until the Commissioner otherwise recommends. PART IV.-EXAMINATION AND APPOINTMENT OF OFFICERS. regulation for 23. The Governor may, on the recommendation of the Commissioner to Commissioner, make regulations for the competitive examinations of provide by persons desirous of admission into the Public Service, which shall examinations. prescribe— (a.) a preliminary medical examination as to the health of the candidates; Cf. N.S.W., 1902, (b.) Public notice of examinations. (b.) the character and standard of the examinations or tests as to the acquirements and efficiency to which candidates are required to submit themselves; (c.) the times and places where the examinations shall be (d.) a maximum and minimum age of candidates; and (2.) For the purposes of this section the Governor may, on the recommendation of the Commissioner, appoint as many fit persons as may from time to time be required to be examiners to conduct examinations in the prescribed manner. 24. (1.) Except as hereinafter provided, no person shall be admitted to the Public Service unless he is a natural born or naturalised subject of His Majesty, and unless he has successfully passed the examination prescribed. (2.) With the permission of the Governor a person not a natural born or naturalised subject of His Majesty may be so admitted, but such person shall, as soon as he is qualified so to do, apply for and obtain a certificate of naturalisation under the laws of the United Kingdom or of the Commonwealth. 25. (1.) Separate examinations shall be held in connection with the Professional, Clerical, and General Divisions respectively, and shall be designed to test the efficiency and aptitude of candidates for employment in such several Divisions; but the educational examination for the General Division shall be of an elementary or rudimentary character. (2.) The Commissioner shall arrange the times and places of entrance examinations. (3.) Candidates who have passed the examinations in connection with the Professional Division shall be deemed to have passed the examinations for the Clerical and General Divisions respectively; and candidates who have passed the examinations in connection with the Clerical Division shall be deemed to have passed the examinations for the General Division. 26. It shall be the duty of the Commissioner from time to time, as additions to the Public Service may be required, to give notice Cf. Com. P. S. Act, thereof in the Government Gazette, or in such other ways as he may deem necessary stating 8. 29. (a.) the number of new appointments which it is estimated may have to be made; (4) the Division and class or grade thereof; (c.) the times and places of examinations. 27. |