Le Leu v Commonwealth [1921] HCA 26

OF AUSTRALIA. 305

concerned upon the reference to the said H.C. or A. Special Tribunal made by the said Charles 192!

Hibble, chairman of the said Tribunal, on 'Tux Kino 290h December 1920, mote; 'EX Parte

| Solicitor for the prosecutor, 4. A. Rankin, Neweastle, by Minter, BROS

"Simpson && Co. vnincane

Solicitor for the respondent organization, Cecil A. Coghlan & Co, °° ¥™-

"Solicitor for the intervener, Gordon H. Castle, Crown Solicitor for 'the Commonwealth.

BL.

[HIGH COURT OF AUSTRALIA.)

'LE LEU

THE COMMONWEALTH... . DEFeNpanr.

Public Service (Commonwealth) —Offcers in transferred Departments—Rights pre- H.C. of A. serecd—Rights under South Australian law—Removal on account of age—Life 199, lenure—Compulsory retirement under Commonwealth law—Civit Seroice Act 874 (8.A.) (87 & 38 Vict. No. 3), secs. 13, M4, 24, 25, 26, 28, 324—Civil MecnounNe, Service Amendment Act 1881 (S.4.) (No. 231), ste. 4*—Commonswealth Public May 19, 20; Service Act 1902-1918 (No. 5 of 1902—No. 46 of 1918), sees. 60, 73, 74, 78— June t The Constitution (63 & 64 Vict. c. 12), se. 84. Knox 03. heel

"By wes, 24 and 25 of the Civil non-compliance, may remove such Gavan Duty, Genie Ac i674 (SA. itis provided uficer, wh shall thereupon be entitled gh nd that the Governor may dismiss from to the compensation provided by this SS"* 3- Uisofiee an ofcer guilty of a breach of Act." Seo. 4 of the Ciel Service Am Mailations or of conduct rendering ment, Act IS81 provides (infer alia) 'him unfit to remain in the Civil that "every officer in the Civil Service Servic. Sec. 26 provides that 'an on being removed from, or on being per- 'tfcer convicted of felony. or taking mitted to resign, his office on account 'the benefit of any Act for the relief of of illness, infirmity, age, abolition of ntolrent debtors shall be deemed to office, oF any other cause whatever, Juve forleited his ofice. Seo. 28 pro. except misconduct or ides that "the Governor may require rassment, shall, with the conse "5 officer, who has become incapaci. Governor, bo entitled to and shall be 'Asted for the performance of his duties, paid by the Treasurer" a sum of "trim his office, and, inthe event of money ascertained in a certain manner.