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Tuesday, 6 December 1960

Mr CALWELL (Melbourne) (Leader of the Opposition) . - by leave - I move -

In proposed section 47c, sub-section (1.), omit "may", insert "shall".

This has to do with the public servant who retires to contest a parliamentary seat, either Federal or State. Some of my colleagues feel that it should be mandatory upon the Public Service Board to re-appoint such a person without a period of probation. Re-appointments used to be made by the Governor-General, but the power is now given to the board to re-appoint a person upon request. I understand from some legal authorities that "may" means " shall ". The Public Service Board representatives have said that persons who have resigned to contest an election have never failed to secure re-appointment in the event of failure to be elected. Perhaps the Prime Minister (Mr. Menzies) has been advised on the matter and can inform the committee of the position.

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