27. (1.) All new appointments to the Clerical Division shall be New appointments made to the Fourth Grade of Class G; and the rate of the salary at to be to Fourth which a person is first appointed to such grade shall be forty pounds Grade of Class G. per annum. to Clerical Division Cf. Com. P. S. Act, s. 21. (2.) Subject to the provisions of this section, the salary of Salary. such officer shall, at the expiration of not less than six months, be increased to the rate of fifty pounds per annum, and at the expiration of a further period of not less than six months, he shall be transferred to the third grade, and his salary shall be at the rate of sixty pounds per annum. (3.) Every such officer shall thereafter, upon the recommen- Increase. dation of the Commissioner. receive an increase of ten pounds per annum at the end of every succeeding twelve months, until such salary has reached one hundred pounds per annum. (4.) During the month of May in each year the Permanent Annual report. Head of each department shall furnish to the Commissioner a report upon the conduct, diligence, and general efficiency of each officer in Class G of the Clerical Division. Such report shall, in the first instance, be made by the To be made by immediate superior of the officer reported upon, and then forwarded superior officer. by the Permanent Head, with such amendments as he may think fit. decide whether (5.) Upon the receipt of such report, and upon obtaining any Commissioner to further information which may be necessary, the Commissioner shall officer is entitled to determine whether such officer is entitled to the full amount or any increase. part of the prescribed increase as a reward for earnest application to duty and meritorious public service. Public Service to be 28. (1.) Except as hereinafter provided, every person admitted Admissions to to the Public Service shall in the first instance be appointed on on probation only. probation only, and may be continued in such probationary position Com. P. S. Act, s. 30. for a period of six months, but may be dispensed with at any time during such period. (2.) After the period of six months on probation has expired, the Governor may, on the recommendation of the Commissioner upon a report from the Permanent Head, confirm or annul such appointment, or extend the period of probation for a further period. of six months, provided that the whole term of probation shall not in any case extend beyond twelve months. (3) No such probationer whose appointment shall be so annulled as aforesaid shall be eligible as a probationer at any time within twelve months from the date of the annulling of such appointment. certain cases with 29. If at any time in any special case it appears expedient Appointments in or desirable in the interests of the Public Service to appoint to out examination or any Division some person who is not in the Public Service, or probation. who, being in the Public Service, holds an office exempted from the C. Com. P. S. Act, provisions s. 31. Qualification and appointment of magistrates. Cf. NS W., 1902, s. 37. Examination for Cf. N.S.W., 1902, Conditions of new Cf. N.S.W., 1902, Certificate of Commissioner prelimi nary to appointment. Cf. N.S.W., 1902, No. 31, s. 35. Age of new appointees to Clerical Division. provisions of this Act, the Governor may, on the recommendation of the Commissioner, appoint such person accordingly, without either examination or probation, and also, if he think fit, without requiring compliance with the provisions of sections thirty-four and sixtynine to seventy-five. 30. No person magistrate unless shall be permanently appointed to the office of (a.) he has passed the prescribed examination in law; or Provided that, on the certificate of the Commissioner that it is desirable for the economy of the Public Service so to do, the Governor may appoint a District Medical Officer, or may temporarily appoint any other officer a magistrate without examination. 31. The Governor may make regulations prescribing the subjects for and the nature and standard of the examination to be undergone by persons who desire to be appointed magistrates. 32. (1.) Subject to the provisions of section twenty-nine, no appointment of any person not already in the Public Service to any permanent office or position therein shall be made except— (a.) at the instance of the Commissioner; or (b.) upon the written request of the permanent head of a department to the Commissioner. (2.) No such appointment shall in any case be made except upon a certificate from the Commissioner that such an appointment is necessary. 33. (1.) The Commissioner, in giving the certificate in the last section mentioned, shall, in addition, state therein (a.) the name of the person proposed to be appointed; (c.) having regard to the nature of the appointment that (2.) The Governor may thereupon appoint the person named in such certificate, subject to the provisions of section twenty-eight. 34. (1.) No person shall be appointed to the Clerical Division whose age at his last birthday previous to appointment was less than Cf. Com. P. S. Act, sixteen years or more than twenty-five years, unless such person is at the time of appointment already in the Public Service. s. 32. In cases cases of special duties the Governor may, however, on the recommendation of the Commissioner, extend the age from twenty-five to thirty-five years. General Division. (2.) No person shall be appointed to the General Division Age of new whose age at his last birthday previous to appointment was less than appointees to fourteen years or (except as hereinafter provided) more than fifty years, unless such person is at the time of his appointment already in the Public Service. In cases of special duties the Governor may, Power to extend however, on the recommendation of the Commissioner, extend the limit of age for special cases. age from fifty to fifty-five years. But, subject to the Acts relating to public elementary education, nothing in this subsection shall be taken to prevent the employment of boys above the age of thirteen. years to be message boys or junior messengers. s. 34. 35. (1.) Any person having at any time, either before or after Re-appointment of the commencement of this Act, retired from a salaried office not being retired officers. of a temporary or casual character in the Public Service of the State Cf. Com. P. S. Act, shall, if not more than sixty years of age, and his retirement was not due to misconduct or incompetence, be eligible for appointment to the Public Service without examination or probation, and, if the Governor thinks fit, without compliance with the provisions of sections sixtynine to seventy-five, inclusive, of this Act; and such appointment shall be made at a rate of salary not exceeding that received by such person at the time of his retirement, and shall not be made to a position superior in division or class or grade to that in which he was an officer at such time. (2.) In the case of any person who shall have received a sum of money as compensation or gratuity on such retirement, no appointment shall be made until he has, if so required by the Governor, paid into the Treasury an amount equal to such compensation or gratuity in one sum, or arranged to pay by instalments. Such sum shall be refunded upon the person so appointed retiring from the Public Service. Temporary Employment. s. 40. 36. (1.) Whenever in the opinion of the Minister of a department Temporary the prompt despatch of the business of a department renders employment. temporary assistance necessary, and the Commissioner is unable to Cf. Com. P. S. Act, provide such assistance from other departments, the permanent head shall select in such manner as may be prescribed, from the persons whose names are upon the prescribed register, such person or persons who are available as appear to be best qualified for such work, and they shall be paid at a daily or weekly rate of payment. (2.) Such person or persons may be employed to perform such Limit of work for any period not exceeding twelve months. employment. (3.) No person who has been temporarily employed in any Restriction on department for twelve months continuously, or for eighteen months re-employment. continuously Power to extend by six months. Liability to being dispensed with. Provision as to certain depart ments. continuously where extended as hereinafter provided, or for twelve months in the whole in any two years, or for eighteen months in the whole in any two years where extended as hereinafter provided, shall, during the six months following such temporary employment, be eligible for further temporary employment in the Public Service. (4.) If it appears in the public interest to be desirable so to do, the Governor may order that any person who has been temporarily employed in any department for twelve months continuously or twelve months in the whole in any two years, may be temporarily employed for not more than six additional months. (5.) The services of any person temporarily employed may be dispensed with at any time by the Minister or by the Permanent Head. (6.) Notwithstanding the provisions hereinbefore contained, the Governor, if it appears in the public interest to be desirable so to do, may, in the case of temporary work in the carrying out of any public work or scheme, order that the temporary employment of all or any persons employed upon such work or scheme may be continued until the completion of the same. (7.) The Governor may, by Order in Council, temporarily suspend the operation of subsections two, three, and four of this section in respect of any department or office specified. (8.) This section shall not apply to any person on the temporary staff of any department at the commencement of this Act, whose services it is not intended to dispense with at an early date, if the Commissioner shall, on the examination of the department, certify that the services of such person are permanently required. Upon such certificate being given, every such person shall be appointed to the permanent staff. Power to create or PART V.-INTERNAL ADMINISTRATION. 37. The Governor may, on the recommendation of the Comabolish offices and missioner, after obtaining a report from the Permanent Head— alter classification or grading. Cf. Com. P. S. Act, s. 41. (a.) create a new office in any Division in any Department; or (b.) abolish any office in any Department; or (c.) raise or lower the grading of any officer, or the classification of any office; or (d.) transfer or promote any officer from any one Division to any other Division, after such examination, if any, as may be prescribed. 38. 38. Whenever a vacancy occurs in any office, and it is expedient How vacancies to be to fill such vacancy by the promotion of an officer, the Governor filled by promotions. may, on the recommendation of the Commissioner, subject to the Com. P. S. Act, s. 42. provisions of this Act appoint to fill such vacancy an officer of the Department in appoint to fill such vacancy any qualified officer from any 66 Efficiency" in this section means special qualifications and Cf. N.S.W., 1902, 39. All promotions in and appointments to the Administrative Order of promoDivision shall, as far as practicable, and subject to the provisions of tions, etc. this Act, be from such Administrative Division, or from the highest 6 NSW17! class of the Professional or Clerical Division, and shall be made with regard to special qualifications and aptitude, as well as to seniority in grade or duration of service, seniority being subordinated to considerations of special fitness. grades. Cf. N.S. W., 1902, 40. There shall be two series of grades in the Professional Higher and lower Division, called the higher and the lower grades, and all officers engaged in the performance of work entitling them to a salary of two hundred and fifty pounds per annum and upwards shall be deemed to be included in the higher grades of such divisions, and all officers engaged in the performance of work entitling them to a salary of less than two hundred and fifty pounds per annum shall be deemed to be included in the lower grades of such division. grades of Profes 41. (1.) No person shall be eligible for promotion from the Examination before lower to the higher grades of the Professional Division unless he promotion to higher has passed the examination prescribed by the Governor as preliminary to admission to those grades. (2.) The Commissioner shall from time to time, as may appear necessary, cause examinations for promotions from the lower to the higher grades in the Professional Division, to be held by the examiners appointed under the provisions of section twentythree, which examinations shall be open to all officers employed in the lower grades of the Professional Division, who, at the date sional Division. Cf. N.S.W, 1902, |