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Com. P. S. Act,

s. 43 (4).

Examination in special cases.

Transfer from Professional or Clerical

date on which they present themselves for examination, have been at least three years in the Public Service, and the names of the persons who have passed the required standard or examination shall be registered by the Commissioner, and all vacancies in the higher series of grades in the division mentioned which it may be considered expedient to fill, and which, subject to the provisions of this Act, may be filled from a lower series of grades, shall be filled by the appointment of those officers whose names appear in the register aforesaid.

(3.) In the case of legal practitioners, medical practitioners, engineers, architects, actuaries, land surveyors, and draughtsmen employed and seeking promotion or transfer in the line of their profession, any examination may be dispensed with on a report from the Commissioner that it is not necessary.

42. Notwithstanding anything in this Act contained, the Commissioner shall have the power to direct the holding of examinations in connection with the filling of certain offices or any of them in order to test the efficiency and aptitude of the candidates for and the officers available for appointment to the position in respect of which the Commissioner has directed an examination to be held, and the provisions of section twenty-three shall, mutatis mutandis, apply to any examination under the provisions of this section.

43. The Governor may, on the recommendation of the Comto General Division. missioner, transfer any officer in the Clerical Division who has been Cf. Com. P. S. Act, found incapable of performing his duties to the General Division, and may transfer any officer in the Professional Division who has been found incapable of performing his duties to the Clerical Division or General Division.

s. 24.

How promotions made.

8. 44.

44. ( (1.) Before an officer is promoted from any office to a higher office in the Administrative or Professional or Clerical Division, Cf. Com. P. S. Act, there shall be submitted to the Governor the name of the officer recommended for promotion to such higher office by the Com missioner, after report from the Permanent Head; and any officer so recommended may be promoted by the Governor accordingly: Provided that, in every instance where a junior officer is recommended, the certificate of the Commissioner be first issued certifying that there is no senior officer available as capable of satisfactorily performing the duties.

(2.) If any officer recommended by the Commissioner is not approved by the Governor, it shall be the duty of the Commissioner, after report from the Permanent Head, to recommend, within a time specified by the Minister, some other officer for the office, and such officer, if approved of by the Governor, may be promoted accordingly to such office.

(3.)

(3.) Where the Governor does not approve of any officer recommended, a statement of the reasons for not approving any such recommendation, and for requiring a further recommendation, shall, within seven days, be laid before Parliament, and if Parliament is not sitting, then within seven days of the next sitting thereof.

45. The Governor may, in any case, allow any officer to decline Governor may any offered promotion or appointment, without prejudice to his allow officer to decline promotion. right to any future promotion or appointment to which his grade N.S.W., 1902, No. and order of seniority and merit would, under the provisions of this 36, s. 57. Act, entitle him: But no officer shall be allowed to refuse compliance with any order of the Governor directing his removal from one position to another, or from one division or department to another; and disregard of, or disobedience to, any such order shall be followed by dismissal, unless the officer concerned justifies such refusal, in the judgment of the Commissioner, by adducing some valid and sufficient reason therefor.

manent Head may

46. When it appears to the Minister or Permanent Head of any Minister or Perdepartment necessary or expedient for the more economic, efficient, propose changes of or convenient working of such department or any branch thereof officers or that any particular disposition of officers and re-arrangement of work work. should be effected, the matter shall be referred to the Commissioner N.S.W., 1902, No. 31, for consideration and action:*

Provided that nothing in this Act contained shall be construed as restricting the ordinary and necessary departmental authority of such Minister or Permanent Head of any department with respect to the direction and control of officers and work.

Dismissals, Removals, etc.

re-arrangement of

s. 52.

47. (1.) If any officer is guilty of a breach of the provisions Offences. of this Act or any regulations thereunder, or is guilty

of any wilful disobedience or disregard of any lawful order
made or given by any person having authority to give
such order; or

of being negligent or careless in the discharge of his
duties; or

of being inefficient or incompetent, and such inefficiency
or incompetency appears to arise from causes within
his own control; or

of using intoxicating beverages to excess; or

of any disgraceful or improper conduct;

then such officer shall be guilty of an offence, and shall be liable to such punishment as may be determined upon under the provisions of this section.

Com. P. S. Act, s. 46, 8.8. (1).

(2.)

Summary reprimand for minor offences.

Cf. ibid. (2).

Temporary suspension of officer charged.

Power of Permanent

Cf. ibid. (3).

(2.) Any officer (not being an officer included in the Administrative Division) charged with the commission of an offence(a.) may, in the case of minor offences against discipline, be reprimanded or cautioned by the Permanent Head or by any officer prescribed as having power to suspend officers in the office or place in which the offending officer is employed; or

(b.) for any such offence whatever may be temporarily
suspended by the Permanent Head, or, in emergent
cases, by any officer prescribed as having power to
suspend officers in the office or place in which the
offending officer is employed, in which event such
suspension shall be immediately reported to the
Permanent Head. The suspending officer or
Permanent Head shall
shall forthwith furnish the
offending officer with a copy of the charge on
which he is suspended, and require him to forth-
with state, in writing, whether he admits or denies
the truth of such charge, and to give any explana-
tion in writing as to such offence for the consid-
eration of the Permanent Head.

(3.) On consideration of such explanation, if any, the Head to reprimand. Permanent Head, if of opinion that the alleged offence has not been committed, may remove such suspension, or if of opinion that the alleged offence has been committed by such officer, but is not of so serious a nature that an investigation thereof should be made by the Commissioner, may reprimand or caution such officer, and remove the suspension, or, in his discretion, fine him any sum not exceeding ten pounds, and in any case shall determine whether such officer shall be paid his salary or any part thereof for the period of his suspension.

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(4.) If the Permanent Head considers the alleged offence to be of so serious a nature that an investigation thereof should be made by the Commissioner, he may further suspend such officer and forthwith refer the charge to the Commissioner for investigation and report; and if such suspended officer does not, in writing, admit the truth of the charges made against him, within four days, or such further time as the Commissioner may allow, the Commissioner shall inquire as to the truth of such charges.

(5.) If any such charges are admitted or are found by the Commissioner to be proved, then the Commissioner may, subject to the regulations, impose a penalty upon such offending officer, or may deprive him of his leave of absence during a specified period, or the Governor may, according to the nature of the offence, reduce such officer to a lower class or grade and salary or wages, or may dismiss such officer from the Public Service, or require him to resign, and in the event of being so dismissed such officer shall,

unless

unless otherwise ordered by the Governor, be entitled to no salary or wages during the time of his suspension.

(6.) If none of such charges are found by the Commissioner Removal of suspento be proved, the suspension shall be immediately removed, and the sion. officer shall receive arrears of salary in full from the date of his Cf. ibid. (6). suspension.

Commissioner.

48. Any officer fined by the Permanent Head under the Appeal to provisions of subsection three of the last preceding section may appeal in the prescribed manner to the Commissioner, who may confirm, reverse, or vary the decision of the Permanent Head.

Division.

49. (1.) Where an officer in the Administrative Division is offences by Officers charged by any person with any of the offences mentioned in in Administrative subsection one of section forty-seven, the Minister may suspend cf. Com. P. S. Act, such officer, and report the charge and suspension to the s. 47. Commissioner; and if such officer does not, in writing, admit the truth of the charges made against him, the Commissioner shall inquire into the truth of such charges, and, after fully hearing the case, shall report to the Governor his opinion thereon.

(2.) If any such charges are admitted or are found by the Commissioner to be proved, then the Commissioner may make such recommendation in reference thereto, and as to the punishment or otherwise of the person charged, as to the Commissioner seems fit. On receiving such recommendation, the Governor may dismiss such officer from the Public Service, or reduce such officer to a lower division and salary, or impose such penalty or other punishment as the case demands.

(3.) If such charges are found by the Commissioner not to be proved, the suspension shall be immediately removed, and the officer shall receive arrears of salary in full from the date of his suspension.

50. Any officer may appeal from the recommendation of the Appeal to Board. Commissioner under sections forty-seven or forty-nine, to an Appeal Board constituted as hereafter provided.

PART VI.--APPEAL BOARD.

51. (1.) An Appeal Board shall consist of the following persons, The Appeal Board. that is to say:

The Commissioner, who shall be chairman ;

One member to be appointed by the Governor, such
member to take part in the hearing and determination
of the appeal or appeals to be specified in the
appointment; and

One

Proceedings of
Board.

Performance of

One member to be elected in the prescribed manner from among their number by the officers of each division of the Public Service; but only the member elected by the officers of the division in which the appellant is employed shall sit on the Board as the elective 'member on the hearing of the appeal.

(2.) The elective member of the Board shall hold office for two years, and shall be eligible for re-election; but shall vacate his office on retirement, suspension, or removal from the Public Service.

(3.) In case of the illness, suspension, or absence of the elective member of the Board, or in case he is personally interested in the appeal, a deputy shall be elected to act in place of such member during his illness, suspension, or absence, or on an appeal in which he is personally interested, and such deputy shall have all the powers and authority of such member.

52. (1.) The Board shall inquire into every appeal and the grounds thereof, and may summon and examine witnesses on oath, and call for the production of papers and documents, and may allow or disallow the appeal, and the decision of the Board thereon shall be reported to the Governor, and shall be final.

(2.) Neither officers nor departments shall be entitled to be represented by counsel, solicitor, or agent at inquiries held by the Board; and the Board may conduct an inquiry without regard to legal forms, and shall direct themselves by the best evidence they can procure, or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not; and the Board may receive or reject as they think fit, any evidence that may be tendered. The Board shall keep a complete record of all such inquiries which shall afterwards be available for reference.

(3.) If the Board disallow an appeal they may order the appellant to pay the costs of and incidental to the appeal, to be fixed by the Board.

PART VII-MISCELLANEOUS.

Performance of Duties in Absence.

53. Where in or by any Act, Order in Council, rule, regulation, duties and powers by-law, contract, or agreement any duty, obligation, right, or power is imposed or conferred upon any officer in His Majesty's service Com. P. S. Act, s. 59. (other than a Minister or judicial officer) in his capacity as such

of officer in his absence.

officer, such duty, obligation, right, or power may be performed or exercised by any officer directed by the Governor to perform and exercise the duties, obligations, rights, and powers of such firstmentioned officer during his temporary absence or incapacity, in the same manner and to the same extent in all respects as the same might have been respectively performed or exercised by such firstmentioned

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