High Court of Australia
518 HIGH COURT
[HIGH COURT OF AUSTRALIA.]
SCHEDLIGH, 25553). 42 a)irep anerhiett est
AGAINST.
THE COMMONWEALTH Drrenpant.
H.C. o7 A, Public Service of the Commonwealth—Transfer of Department from State to Common- wealth—" Existing and accrued rights" of transferred officer —Chance of promotion
ee —Reduction of salary on classification—The Constitution (63 & 64 Vict. c. 12), ADELAIDE, secs. 69, 81—Commonwealth Public Service Act 1902 (No. 5 of 1902), secs. 8, 9, Sept. 23. 20, 42—Civil Service Act 1874 (S.A.) (37 & 38 Vict. No. 3), secs. 9, 22*—Public Service Regulations of 23rd December 1902, re. 100. Mexpournr, ; Oct. 4. Held, by Rich J., (1) that the chance of promotion from one class to a higher ane class of an officer in the Civil Service of South Australia at the time when the
Department to which he belonged was transferred to the Commonwealth pursuant to sec. 69 of the Constitution was not, having regard to the conditions contained in sec. 22 of the Civil Service Act 1874 (S.A.), an existing or accruing right of that officer within the meaning of sec. 8f of the Constitution ; (2) that the fact that such an officer, who was retained in the Public Service of the Commonwealth and who was then receiving the maximum salary of his class, — had, before his formal classification under the Commonwealth Public Service Act 1902 came into operation, received from time to time increments to his salary, did not confer any right upon him to continue to receive the increased salary or preclude the Public Service Commissioner from allotting to him any salary, so long as it was equal to or greater than that which he was receiving at the date of the transfer.
* Sec. 22 of the Civil Service Act 1874 (S.A.) provides that "When in the Ordinary Division any vacancy occurs, if it be expedient to fill up such vacancy, the Governor shall promote to such vacancy that officer, being qualified, and most deserving of promotion, who shall stand next in rotation on the classified list of that Division of the Service . . . Provided that noth-
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate