High Court of Australia
61 CLR.
OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.)
MORLEY PEtITIONER,
AND
HUNKIN Nomina Derenpant,
APPELLANT ;
REsPoNDENT.
ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.
Public Service (S.A.)—Exrcess officer—Transfer—Reduction of salary—General pro- yy og A, vision empowering reduction—Special provision protecting salary—Public Service Acts 1916 to 1925 (8.A.) (No. 1259—No. 1716), secs. 116, 1e*, 21%.
On Ist July 1924 M. was appointed an accountant in the Public Service of
South Australia at a salary of £510 per annum.
On Ist October 1926 a
"return" was made pursuant to the Public Service Acts 1916 to 1925 (S.A.) whereby his office was reclassified and the salary for the officer was reduced Latham
1938. Ww
ADELA Sept. Oct.
Rich, Di
IDE,
4,
a
ixon,
to a minimum of £300 per annum and a maximum of £348 per annum, M.'s and Nefierndn salary was protected by sec. lle of the Public Service Acts and for the time was ' unaltered. It was later found by the Classification and Efficiency Board that
* The Public Service Acts 1916 to 1925 (S.A.) provided :—Sec. lle: '' Where by the return under this section any office is assigned a salary less than the salary which the officer holding such office is receiving at the time when the return comes into operation, the salary assigned to such office, shall, notwith- standing anything in this Act, not apply to such officer, but such officer shall be paid in accordance with the scale or regulation under which he was paid immediately before such time until he is promoted or transferred to another office providing a salary not less than that received by him at the time of the transfer or promotion." Sec. 21: "If at any time the board finds that a greater number of officers is employed
VOL. LXI.
in any department or branch of a department than is necessary for the efficient working of that department or branch, any officer whom the board finds is in excess may be transferred by the commissioner to such other position of equal classification and salary in the Service as the officer is competent to fill, and if no such position is available the officer may be so transferred to a position of lower classification and salary. If no position is available for the officer, the Governor may, upon the recom- mendation of the commissioner, call upon such officer to retire from the Public Service ; and if he does not so retire he may be dismissed from the Public Service."
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