25 VICTORIA, No. 160. Statement of such appointments to be published in the Government Gazette. 24. When any such appointment is made without examination or probation, a statement thereof and of the reasons for which it has been made shall within one week after the date thereof be published in the Government Gazette. 25. Notwithstanding anything herein contained, any person who Persons formerly at any time has been or shall hereafter be employed in any office in in the Civil Ser the Civil Service, and who has not been dismissed or called on to resign for improper conduct, may be appointed to any class in the same manner as if he had never left such service. vice may be appointed. Departmental reports. No officer to be under this Act. 26. Every head of a department shall furnish to the Governor in Council once in each year or at such other times as the Governor in Council may direct reports upon the conduct and the efficiency of the officers employed in his department. PART IV. PENALTIES-DISMISSALS. 27. After the passing of this Act no officer of the Civil Service dismissed except shall be dismissed therefrom, or suffer any other penalty in respect thereof, except for the causes and in the manner set forth in this Act; but nothing herein contained shall be taken to prevent the Governor in Council, if it be expedient to reduce the number of officers in any department or to amalgamate two or more departments? from dispensing with the services of any officers in consequence any such alteration. Regulations may be made for the Civil Service. Penalties for lations. 28. The Governor in Council may from time to time make and publish in the Government Gazette regulations, and repeal or vary the same, concerning the duties to be performed by officers of the Civil Service and the discipline to be observed in the performance of such duties, and may affix to breaches of such regulations according to the nature of the offence the penalties herein set forth. Provided always that no such regulations shall in any manner alter or affect duties which by any Act now or hereafter to be in force are or shall be required to be performed. 29. If any officer be guilty of any breach of such regulations, breach of regu- the Governor in Council may according to the nature of the offence dismiss him from the service, or reduce him to a lower rank therein or to a lower salary within his class, or deprive him of such future annual increment as he would otherwise have been entitled to receive, or of any part thereof, or of his leave of absence during such time as the Governor in Council thinks fit. Forfeiture of office in certain cases. 54.8-146 Governor may reinstate insol 30. If any officer be convicted of any felony or infamous offence or become bankrupt or apply to take the benefit of any Act now or hereafter to be in force for the relief of insolvent debtors, or by any deed or other writing compound with his creditors, or make an assignment of his salary for their benefit, he shall be deemed to have forfeited his office. 31. When any such officer has forfeited his office by reason of vent officer in the any such pecuniary embarrassment as aforesaid, if he prove to the absence of fraud. satisfaction of the Governor in Council that such embarrassment has not been caused or attended by any fraud extravagance or dishonorable conduct, the Governor in Council may reinstate such officer in his former position in the service. No. 160. 32. Where any officer is guilty of any conduct which in the 25 VICTORIA, opinion of the Governor in Council renders him unfit to continue in the civil service, such officer upon proof thereof as hereinafter ofcer guilty of directed may be dismissed from the service. immoral or dishonorable conduct may be ishment for 33. When any officer is negligent or careless in the discharge dismissed. of his duties, if the officer in immediate charge of the department Summary punwherein such first-mentioned officer is engaged be of opinion that trivial offences. the offence is not of so serious a nature that a report thereof should in the course of his duty be made to the Governor in Council, such officer in charge may for every such case of misconduct order to be deducted by way of fine from the salary of such other officer a sum not exceeding five pounds; and the responsible minister of the department may on the appeal of the officer so punished confirm or disallow such penalty, and his decision shall be final and without appeal. salary. 34. The treasurer on receiving notice of any pecuniary penalty Fines to be imposed under the authority of this Act shall deduct the amount stopped from thereof from the salary or next payment made by him on account of salary to the officer incurring such penalty. charges against 35. When any officer is accused of a breach of his duty or of Board may be any conduct rendering it unfit that he should remain in the civil appointed to try service, if he deny the truth of such accusation and if the Governor officers. in Council nevertheless think that sufficient cause has been shown for further proceedings, the Governor in Council may appoint three or more fit and proper persons to inquire as to the truth of such charge; and such persons shall have authority to hear receive and examine evidence, and shall after fully hearing the case report to the Governor in Council their opinion thereon. PART V.-LEAVE OF ABSENCE. 36. The responsible minister of every department may at such Leave of absence times as may be convenient grant to every officer leave of absence for recreation. for recreation for any period or periods not exceeding in the whole three weeks in each year, and in cases of illness or other pressing necessity grant such extended leave not exceeding twelve months, and on such terms as he thinks fit. 37. Where any officer desires to visit Europe or some other Furlough for distant country, if he have continued in the civil service of this Europe. colony at least ten years and have not been reduced for misconduct or deprived of leave of absence under this Act, the Governor in Council may grant to him leave of absence upon half salary for a period not exceeding twelve months; but for such period of absence such officer shall not be entitled to receive any annual increment. 38. The following days shall be observed as holidays in the Holidays. public offices:-New Year's Day Christmas Day Good Friday and the three following days Whit Monday the Anniversaries of the Birthday of Her Majesty of the day of the Separation of the District of Port Phillip from the Colony of New South Wales and of the day of the Proclamation of "The Constitution Statute" and any other day appointed in the Government Gazette as a public holiday. Provided that nothing in this Act shall prevent the responsible minister No. 160. 25 VICTORIA, in charge of a department from requiring the services of any officers of such department during any such holiday in case of emergency; but in that case such officers shall be entitled in lieu thereof to a holiday upon such other occasion as shall not interfere with the public service. Officers to be superannuated at sixty. Superannuation allowance to present officers. Retiring officers to continue to PART VI.-SUPERANNUATION. 39. When any officer after the passing of this Act (except as hereinafter provided) has attained the full age of sixty years, he shall thereupon retire from active service upon a superannuation allowance.(a) 40. Any officer who at the time of the passing of this Act has attained or within ten years thereafter shall have attained the age of sixty years, if or as soon as he shall have been ten years in the civil service of Victoria or of the district of Port Phillip or of both, and if he has not received any other compensation or retiring allowance in respect of such service, shall retire from active service on an annual allowance of half of the average annual salary received by him during the two years preceding his superannuation. 41. The Governor in Council may nevertheless require any may be requested officer who would otherwise retire as aforesaid, notwithstanding his perform duties. age, to continue to perform his duties. Retirement before sixty. 42. When any officer desires to retire from active service and through ill health has not attained the full age of sixty years, if he produce medical evidence satisfactory to the Governor in Council that he is incapable from infirmity of mind or body to discharge the duties of his office and that such infirmity is likely to be permanent, the Governor in Council may permit such officer to retire accordingly upon a superannuation allowance. Officers retiring to resume duties. 43. If the Governor in Council require any officer to resume may be requested his duties in his former office or in any other office for which he is qualified, and if such officer be in such a state of health as to be able to perform such duties, and if he decline to undertake such duties or neglect duly to perform the same, such officer shall forfeit his right to the superannuation allowance which had been granted to him; and if he resume his duties his superannuation allowance shall merge in his salary. Rates of superannuation allow ance. 40 Years 44. Every superannuated officer (except as hereinbefore expressly provided) whether his remuneration be computed by day pay weekly wages or annual salary shall receive in respect of such superannuation the following annual allowance (that is to say) :— After ten years' service and under eleven years' ten-sixtieths of the average annual salary received by him during three years preceding his superannuation; after eleven and under twelve years' service eleven-sixtieths of such annual salary; and in like manner for each additional year of service an addition to his annual allowance of one-sixtieth of such salary until he has completed the full term of service of forty years: but the total amount of any superannuation (a) The secretary of the Board of Agriculture (under 22 Vict. No. 83, since repealed), appointed, paid, and liable to be dismissed by the board, was held not to be within this Act, so as to be entitled to a retiring allowance, although the bond for his fidelity was required to be given to the Crown.-Matson v. Reg., 3 A.J.R., 27. allowance shall in no case exceed forty-sixtieths of the salary on 25 VICTORIA, which the allowance is computed. No. 160. sous not entitled to an allowance the performance 45. Where any officer has served for a less period than ten Gratuities to peryears, if without his own default and in the discharge of his public duty he receive such bodily injury as to incapacitate him from the but disabled in discharge of his duties, the Governor in Council may grant to such of their duties. officer a gratuity not exceeding three months' pay at his then rate of salary for each year of service. such persons 46. Where any officer has served for a less period than ten Gratuities to years, if he be constrained from infirmity of body or of mind to retiring from ill leave the service, the Governor in Council may grant to him such health. gratuity as he may think fit not exceeding in any case the amount of one month's pay at his then rate of salary for each year of service. widow or rela discharge of his 47. If any officer shall die from bodily injury received without Gratuity to his own default in the discharge of his public duty the Governor in tives of officer Council may grant to the widow or children or at his discretion to killed in the any other relations of such officer a gratuity not exceeding one duties. month's pay for each year of service at the average annual salary he was receiving for the ten years next preceding his death if such officer was employed ten years in the civil service, and if he was not employed ten years then at the average annual salary he was receiving during the time he was so employed. ing allowance to 48. When any superannuation allowance is granted under this Causes of grantAct the causes of the granting thereof shall be set forth in the war- be stated. rant granting the same. commendation 49. Nothing herein contained shall be taken to prevent the Governor's reGovernor from recommending to Parliament any addition to any to the bounty of superannuation allowance or gratuity in consideration of any special Parliament not services rendered by the officers entitled thereto or of any other unusual circumstances. 森 PART VII.-MISCELLANEOUS. restrained. cers in Second Second Schedule. 50. The provisions contained in the sixteenth section and the Part only of Act Fourth Fifth Sixth and Seventh Parts of this Act and none others to apply to offishall apply to the officers mentioned in the Second Schedule hereto; Schedule. and the salaries of such officers shall be the salaries respectively assigned to them by the "Appropriation Act" for the year One thousand eight hundred and sixty-two, and shall (except in cases of officers whose salaries are paid by virtue of any Act which now is or which hereafter shall be in force) be subject to reduction or increase in the same manner as the salaries of officers of the first class in the ordinary or professional division are determined under this Act; and any such officer may be appointed to any other office in the civil service which in the opinion of the Governor in Council he is competent to fill. 51. The provisions contained in the sixteenth section and the And in Third Fourth Sixth and Seventh Parts of this Act and none others shall Schedule. apply to the officers mentioned in the Third Schedule hereto; and Third Schedule. such officers shall receive respectively such salaries as Parliament may from year to year provide; except lockers and weighers in the No. 160. 25 VICTORIA, customs service, who shall have all the benefits arising from the provisions of this Act to officers of the fourth class except that of increment alone. Rent may be charged to officers residing in Government buildings. Constitution Act and Act No. 86 not repealed. No claim for compensation if Act altered. Money voted for one class may if unexpended be applied to a lower class. 52. Where any officer is allowed to use for the purpose of residence any building belonging to the Government, the Governor in Council may direct that a fair and reasonable sum as rent thereof be deducted from such officer's salary. 53. Nothing herein contained shall be deemed to alter" The Constitution Act" or the Act of the Parliament of Victoria numbered LXXXVI. 86 54. No officer in the civil service shall be deemed to be entitled to any compensation by reason of any reduction of his salary or annual increment consequent upon any alteration of the limits of salary of his class as hereinbefore provided, or by reason of any alteration in the scale of superannuation allowances which may be made by any Act amending or repealing this Act. 55. Where any money has been appropriated by Parliament in any year for the payment of the salaries of the officers in any class and division, if during the year for which such appropriation has been made any vacancy occur in any such class, and be not filled up, the Governor in Council may apply the money appropriated to such vacant office or any part thereof to the payment of any other officers in a lower class of the same division that he may appoint. |