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Wednesday, 14 September 1949


Mr Harrison n asked the AttorneyGeneral, upon notice -

1.   Were seven vacancies for legal officers,. Grade 2, in the office of the Deputy Crown Solicitor, Sydney, notified in' the Commonwealth Gazette of the 3rd February last ?

2.   Have these positions been filled; if not,, for what reason?

3.   How many applications were received in respect of the above from - (a) permanent officers employed in or attached to the Deputy Crown Solicitor's Office, Sydney; (6) other permanent Commonwealth officers; (c) temporary officers attached to the Deputy Crown Solicitor's Office; and (d) other persons?

4.   Was consideration given to the appointment of non-permanent officers if their qualifications and experience exceeded those of permanent officer applicants?

5.   Were any persons interviewed for the positions as the result of representations made on .their behalf; if so, how many?

6.   Docs the Public Service Act permit of such vacancies being filled by other than permanent Commonwealth officers: if not, will (lie act be amended to effect this provision?

7.   Wore eleven vacancies in the same office notified in 1946; if so, were they filled, and how many appointments were made from outside the Public Service?


Dr Evatt - The answers to the honorable member's questions are as follows : -

J.   Yes.

2.   These positions have not been filled. Selections have been made however and appointments will be notified in the Gazette in the near future. 3. (o) 3; (6) 20; (c) 8; (d) 81.

4.   Consideration has been given to the claims of applicants who are not permanent officers of the Commonwealth Public Service bearing in mind the provisions of section 47 of the Commonwealth Public Service Act and the preference provisions of the Re-establishment and Employment Act.

5.   Those candidates who were not known personally to the recommending authority but who appeared to have satisfactory qualifications were interviewed, but in no case was an interview granted as a result of representations on a candidate's behalf.

6.   Yes. Section 47 of the Commonwealth Public Service Act provides - 47.-v-(l.) If at any time in any special case it appears expedient or desirable in the public interest to appoint to a Division other than the Fourth Division some person who is not in the Commonwealth Service, and who is not eligible under the conditions otherwise prescribed for admission to the Commonwealth Service, the Governor-General may, on the recommendation of the Board after the Board has obtained a report from the Permanent Head, appoint such person accordingly without examination and, if the GovernorGeneral thinks fit, without probation. (2.) No such appointment shall be made until the Board has certified that in its opinion there is no officer available in the Commonwealth Service who is as capable of filling the position to which it is proposed that the appointment shall be made. A copy of every recommendation, report, and certificate under this section shall, within fourteen days after the making of the appointment, be laid before both Houses of the Parliament, if the Parliament is then sitting, or if not, then within seven days of the next meeting of the Parliament.

7.   Yes. Eleven vacancies in the Deputy Crown Solicitor's Office, Sydney, were advertised on 4th April, 1946. All eleven positions were filled by permanent officers of the Commonwealth Public Service.







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