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mentioned officer, and everything so done under the provisions of this section shall be as good and effectual for all purposes and against all persons whatsoever as if done by such first-mentioned officer.

Officers not British Subjects to be Naturalised.

naturalised.

54. Every officer admitted to the Public Service before the Officers not British commencement of this Act, who is not a natural born or naturalised subjects to be subject of His Majesty, shall forthwith, after the commencement of com. P. S. Act, s. 63. this Act, or so 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.

Rent chargeable for Quarters.

Government build

55. If an officer occupies, for the purpose of residence, the whole Rent charged to or part of a building belonging to or occupied by the State officers residing in Government, the Governor may direct that a fair and reasonable ings. sum as rent therefor be deducted from such officer's salary, and the Com. P. S. Act, s. 64. amount of such sum, not exceeding ten per centum on the salary of such officer, shall be fixed by the Governor on the recommendation of the Commissioner or by officers specially or generally appointed for the purpose by the Governor. In calculating for any purpose the rate of salary of such officer, the amount so deducted as rent shall be deemed and taken to be part of his salary.

But no officer shall be subject to any deduction from his salary as rent of any premises he may continue to occupy, if at the commencement of this Act such premises were occupied by him free of

rent.

Incapacity of Officers.

56. If an officer appears to the Commissioner, after a report from the Permanent Head, to be unfit to discharge or incapable of discharging the duties of his office efficiently, the Commissioner shall inquire and determine whether it is proved that such officer is unfit to discharge or incapable of discharging the duties of his office, and the Governor, on the recommendation of the Commissioner, may deal with such officer either by calling upon such officer to retire from the Public Service or by transferring him to some other position; and every such officer, if called upon to retire, shall retire accordingly.

Forfeiture of Office.

Services of incapable officer may be

dispensed with.

Com. P. S. Act, s. 65.

in certain cases.

57. (1.) If an officer is, on an indictment, convicted of any Forfeiture of office offence, he shall be deemed to have forfeited his office, and shall thereupon cease to perform his duties or receive his salary.

Com. P. S. Act, s. 66 (1).

Services dispensed with for fraudulent N.S.W., 1902,

bankruptcy.

(2.) If the estate of an officer is sequestrated, either voluntarily or compulsorily, for the benefit of his creditors, such officer shall apply, as soon as he may legally do so, to a court of insolvency for a certificate of discharge. If it appears to such court that the applicant No. 31, s. 61 (2).

has

Fines to be stopped from salary.

Com. P. S. Act, s. 67.

Annual leave for recreation.

64 Vict., No. 21, s. 28.

Deduction of pay

has been guilty of fraud, dishonourable conduct, or extravagance, such court shall direct the clerk of the court thereupon to report the same to the Minister or Permanent Head or chief officer of the department in which such officer is employed. If such officer does not apply as aforesaid for such certificate of discharge, or if he applies, and it appears from the report that such officer has been guilty of fraud, dishonourable conduct, or extravagance, such officer may be dismissed from the Public Service, or reduced to a lower division, class, or grade therein, or fined, reprimanded, or otherwise punished by order of the Governor.

Penalties.

58. On receiving notice of any pecuniary penalty imposed upon or of any order for the payment of costs made against any officer under the authority of this Act, the officer who pays the salary of the officer so punished, or against whom any such order is made, shall deduct the amount thereof from such salary.

Leave of Absence and Holidays.

59. (1.) Every officer shall be entitled to annual leave of absence for recreation for two weeks on full pay.

(2.) The time for taking annual leave shall, in every case, be approved by the Minister.

(3.) With the written consent of the Minister, annual leave for recreation may, when the convenience of the department is served thereby, be allowed to accumulate for not exceeding six weeks altogether.

(4.) The period of leave of absence for recreation which may be granted to officers stationed in places remote from large centres of settlement, or whose duties cannot ordinarily be performed within regular hours, shall not necessarily be limited to two weeks, but shall be limited as may be prescribed.

60. When the absence of an officer is not sanctioned, there shall be deducted from his salary his pay for each day or portion Com. P. S. Act, s. 68 of a day of such absence.

for unauthorised absence.

(3).

Leave on the ground of illness or

necessity.

Cf. Com. P. S. Act, s. 68 (1).

Ibid., s. 69.

61. (1.) In cases of illness or other pressing necessity, the Minister may grant to any officer extended leave for not exceeding two months, and the Governor may, subject to the regulations, grant such leave for not exceeding twelve months, on such terms as may be prescribed.

(2.) Where, in case of illness, any officer who has received extended leave of absence for twelve months is not so far recovered as to be able to resume his duties, the Governor may grant such officer further leave of absence.

(3.)

(3.) For such further leave of absence no salary or allowance shall be paid to such officer.

(4.) Leave of absence in case of illness shall not be reckoned as nor included in leave of absence for recreation.

62. (1.) On the application of any officer, the Governor, on the Leave without pay. recommendation of the Commissioner, may grant to him leave of Com. P. S. Act, s. 70. absence without pay for any period not exceeding twelve months.

(2.) The period during which any officer is absent on leave granted pursuant to this section shall not for any purpose be included as part of such officer's period of service.

63.

missioner,

The Governor, on the recommendation of the Com- Long service leave.

(a.) may grant to any officer, who has continued in the
Public Service for at least fourteen years, long
service leave for six months on full pay, or twelve
months on half pay ;

(b.) may grant to any officer, who has continued in the
Public Service for seven years, long service leave
for three months on full pay, or six months on half
pay;

(c.) may grant to any officer employed Northward of the
twenty-fifth parallel of South latitude such leave of
absence, on full pay or half pay, as he may deem fit;
(d.) may grant to any officer who, before the eleventh day
of December, One thousand nine hundred and two,
had continued in the Public Service for six years.
without long service leave, the leave mentioned in
section twenty-nine of the l'ublic Service Act, 1900.

(2.) In computing service under this section, service prior to

the commencement of this Act shall be included.

2 Edw. VII., No. 16, s. 5.

64. The following days shall be Public Service holidays Holidays. throughout the service:

(a.) New Year's Day.

Good Friday.

Easter Eve.

64 Vict., No. 21, 8. 30.

2 Edw. VII., No. 16,

s. 6.

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Proclamation of Self-Government (21st day of October).

(c.)

Attendance on public holidays.

(c.) Also all days which the Governor may appoint, and which shall be notified in the Government Gazette as Public Service holidays.

Whenever any of the days mentioned in subsection (b) fall on a day other than a Monday, the next following Monday shall be the holiday instead of such day.

65. The services of any officer may be required by the Minister on any Public Service holiday, but in such case such officer shall be Cf. 64 Vict., No. 21, granted in lieu thereof a holiday upon such other occasion as shall not interfere with public business.

s. 31.

Officers between

sixty and sixty-five years of age

entitled or may be

called upon to retire.

Com. P. S. Act, s. 73.

Officers attaining
age of sixty-five to
retire unless
required to con-
tinue.
Com. P. S. Act, s. 74.

Officers of age of sixty-five may be

Service by Gover

nor.

If

Retirement of Officers.

66. Every officer having attained the age of sixty years shall be entitled to retire from the Public Service if he desires so to do; but any such officer may (unless called upon to retire as hereinafter provided) continue in the Public Service until he attains the age of sixty-five years. any such officer continues in the Public Service after he has attained the age of sixty years, he may at any time before he attains the age of sixty-five years be called upon by the Governor, on the recommendation of the Commissioner, to retire from the Public Service; and every such officer so called upon to retire shall retire accordingly.

67. Every officer shall retire on attaining the age of sixty-five years, unless he is required to continue to perform his duty in the Public Service as hereinafter provided, and is able and willing so to do.

68. Notwithstanding that an officer has attained the age of continued in Public sixty-five years, if the Commissioner certifies that in the interests of the Public Service it is desirable that such officer should continue in the performance of the duties of his office or of any office in the Com. P. S. Act, s. 75. Public Service to which he may be appointed, and that such officer is able and willing to do so, the Governor may direct such officer to continue in the service for not exceeding such time as the Governor in each case directs, or during pleasure.

Non-application to certain officers.

Life Insurance.

69. The six next following sections shall not apply to any officer appointed to the Public Service before the commencement of Cf. Com. P. S. Act, this Act, or to any person exempted under the provisions of sections twenty-nine and thirty-five, or to any person temporarily employed.

8. 51.

Appointee to insure

his life.

Cf. Com. P. S. Act, s. 52.

70. Subject to the provisions of this Act, every officer, on the confirmation of his appointment, shall effect an insurance of his life with some life insurance company or society approved

by

by the Governor, registered and carrying on business in the State, providing for such benefits as may be prescribed, and for increasing from time to time the amount insured: Provided that this section shall not apply to any officer who at the time of his appointment is already insured in such company or society for benefits equivalent to those prescribed.

of policy.

71. Such insurance shall be continued by the insured, and not Provision for allowed to lapse, and the amount thereof shall be increased by the increase of amount insured from time to time in proportion as nearly as practicable to Com. P. S. Act, s. 53. his salary as may be prescribed.

exempt from

72. No such policy of insurance shall at any time be assignable Policy not assignor transferable either at law or in equity, or be mortgaged or charged able, and to be in any way either wholly or in part; and the moneys thereby insolvency laws, etc. secured and the property and interest under such policy of the Com. P. S. Act, s. 54. person insured shall be wholly exempt from the operation of any laws in force relating to bankruptcy, and shall not be liable to be seized, levied upon, attached, or sold upon, by, or under any legal process, or in case of his death shall not be assets for the payment of his debts.

73. A copy of the last preceding section shall be indorsed on Indorsement of every policy of insurance issued for the purpose of compliance with policy. the provisions of this Act.

74. It shall be the duty of the company or society insuring any officer to notify in writing to the Permanent Head whenever the premiums of such officer are more than two months in arrear, or whenever any policy is liable to lapse within one month, and to state the exact amount of arrears of premiums and fines (if any) payable thereon, and such amount, if not sooner paid by the officer, may be deducted from the next payment that shall become due to such officer on account of salary, and shall be paid to such company.

Com. P. S. Act, s. 55.

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s.

75. (1.) Where a person is unable to insure his life, or is unable Provision for to insure his life without a loading of five years or more being made inability to insure. upon his age, and in such latter case is unwilling to insure his life, he Com. P. S. Act, 8. 57. shall not thereby be disqualified for appointment or promotion, but a prescribed deduction shall be made at prescribed times from such person's salary.

(2.) Such deductions shall be invested and accumulated in the prescribed manner by the Colonial Treasurer; and such accumulations shall, during the continuance of any such person in the Public Service, be protected as herein before prescribed with respect to moneys received by and property and interest under policies of insurance, and shall be paid in full without any deduction and with all interest accumulated thereon to such person on his ceasing to be a member of the Public Service or to his representatives on his death, whichever shall

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