Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Friday, 11 November 1921


Senator RUSSELL (Victoria) (VicePresident of the Executive Council) . - This is intended to cover, not so much the future as cases which have arisen in the past. We want to provide that where the Government, in good faith, have acted upon the reports of Royal Commissions inquiring; into these cases their decision shall be final. We do not desire that the Government should be dragged through the Courts for action which it was deemed desirable to take against alien enemies during the war. I may remind honorable senators that on one occasion a Royal Commission was appointed to report on patent medicines, and it was found necessary to pass a special Act to protect Mr. Beale, who made the report, against action which might be taken by persons who had millions behind them to crush a man who had only done his duty in showing up certain abuses. An enemy subject who was a member of the Public Service may have suffered certain disabilities, and may now desire to get back into the Service or to secure compensation. I . do not think that aliens who were dealt with during the war should have the right to prosecute the Government in such cases. Mistakes may have occurred in dealing with some of them, but in the course followed the authorities felt that they were doing what was their duty at the time. May I direct the attention of the Committee to the last sub-clause, which reads -

No person who is dismissed from the Commonwealth Public Service or employ in pursuance of this section shall be entitled to make any claim against the Commonwealth by way of compensation or otherwise in respect of his dismissal.

Amendment agreed to.

Amendment (by Senator Russell) agreed to -

That the following new sub-clause be added : - (3.) This section shall be deemed to have commenced on the first day of May One thousand nine hundred and eighteen."

Clause, as amended, agreed to.

Clause 96-

(1)   The Board may . . . make regulations . . .

(e)   for prescribing or regulating entrance examinations . . .

(k)   for regulating the duties of officers . . . (n) for regulating the granting of leave of absence to officers . . .

(q)   for providing for notification to the Board of punishments inflicted on officers . . . and for keeping records thereof . . .

(t)   for regulating the method of lodging and determining appeals . . .

Amendments (by Senator Russell) agreed to -

That paragraph (c) be left out, with a view to insert in lieu thereof the following : - " (e) for prescribing or regulating the character and standard of competitive entrance examinations, the manner of holding those examinations, the minimum and maximum age of candidates, and for registering, in the order of merit, the names of all persons who have qualified at such examinations, and of those candidates who, having so qualified, may be appointed to fill < subsequent vacancies arising within a prescribed period."

That after paragraph (/) the following new paragraph be inserted : - " (ff) for prescribing courses of study for which recognition may be given by the Board."

That paragraph (k) be left out, with a view to insert in lieu thereof the following : - " (k) for regulating the duties and conduct of officers."

That in sub-clause (1), paragraph (n), after the word " officers " the following words be inserted : - " and temporary employees."

That the following proviso be added to paragraph (q) : - '"Provided that nothing in the regulations shall authorize the keeping formore than two years of the record of any punishment which does not exceed a fine of Five shillings."

That in sub-clause (1), paragraph (t), the words " and determining " be left out.

That in sub-clause (1), after paragraph (t), the following new paragraph be inserted : - " (to) for requiring officers to take oaths or affirmations of secrecy in relation to the matters coming to their knowledge in the course of their employment, and for prescribing the form of such oaths or affirmations."

Clause, as amended, agreed to.

Clause 97 - (2)' The provisions of this Part, except section ninety-eight thereof, shall be limited in their application to officers employed in the administrative or executive sections of Departments or branches of the Provisional Service.

Amendment (by Senator Russell) agreed to -

That the word " eight " be left out, with a view to insert in lieu thereof the word " nine."

Clause, as amended, agreed to.

Clauses 98 and 99 agreed to.

Clause 100-

(2)   The right to receive an increment in any year shall depend upon the good and diligent conduct and efficiency of the officer to whose salary the increment is attached, and if in the opinion of the prescribed responsible officer the officer is not entitled thereto, the responsible officer may issue an order to deprive the officer of the increment, which shall in that case not be paid.

Amendments (by Senator Russell) agreed to -

That after the word " order" the words " in writing " be inserted.

That the words " which shall in that case " be left out, with a view to insert in lieu thereof the words ' ' for such time as is considered justified, and in that event the increment shall."

Clause, as amended, agreed to.

Clause 101 agreed to.

Clause 102 consequentially amended, and agreed to.

Clauses 103 to 106 agreed to.

Clause 107 -

(1)   The Board may, with the approval of the Governor- General, make, alter, or repeal regulations for the carrying out of any of the provisons of this Part, and generally for the administration of the Provisional Service.

Amendment (by Senator Russell) agreed to -

That the words "alter, or repeal" be left out.

Clause, as amended, agreed to.







Suggest corrections