Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

Bibliographic data

Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Volume

Identifikator:: 1896934455

URN:: urn:nbn:de:zbw-retromon-236504

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 1

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: LI, 568 Seiten

Digitisation:: 2022

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part II. The executive Government

Collection:: Economics Books

CHAP. VIII] THE CIVIL SERVICE 349 practice. In the Act No. 5 of 19021 organizing the service, the most elaborate provisions are laid down to secure that the control shall be non-political, and be in the hands of a Commissioner who cannot be removed except on an address trom both Houses of Parliament. The service is classified into four grades, administrative, professional, clerical, and general, and the principles of it are promotion by merit and seniority, but not by seniority alone, except in case of equal merit. The power is also given to take in outsiders if there is no one equally capable in the service, but the danger of political jobs is controlled by the requirement in the case of all promotions or new appointments of a recommendation trom the minister in charge of the department in question, a recommendation by the Commissioner, and a decision by the Governor-General in Council ; if the decision be to reject the candidate proposed by the Commissioner the only power is to reject him and ask for another, and the cause of this action must be laid before Parliament. Further, the Civil Service in the Commonwealth holds not by a mere customary tenure but by a legal tenure, which negatives the ordinary idea of holding at pleasure. Officers ¢ See also Harrison Moore, Commonwealth of Australia,® pp. 187-96, and the annual reports of the Public Service Commissioner. 2 ¢f. the New South Wales cases on the Civil Service Act of 1884; Gould v. Stuart, [1896] A.C. 575; Young v. Adams, [1898] A. C. 469; Young v. Waller, [1898] A. C. 661; and see Stockwell v. Ryder, 4 C. L. R. 469 (cf. 9 0.L.R. 140). For the ordinaryrule,see Malcolm v. Comm. of Railways, [1904] T. S. 947 (cf. [1907] T. S. 557 ; [1910] T. 8. 1077) ; Skelton v. Government of Newfoundland, 1897 N ewfoundland Decisions, 243. In the case of the fommonwealth the same rule applies as in New South Wales, under the Public Service Act, 1902. So in Williamson v. Commonwealth (5 C. L. R. 174) it was held that a dismissal must strictly follow the terms of s. 46 of that Act, and that an action lay where by a mistake a man had not first been suspended on the charges for which he was dismissed, but the impor- cance of the case is diminished by the rule that in assessing damages the Court will take into consideration the fact that the officer was liable to be dismissed forthwith under the correct practice. Stockwell v. Ryder, 1. C. L. R. 469, was decided under the Public Service Act, 18986, ss. 40-2, of Queensland. On the other hand, a police constable in Queensland, under che Police Act, 1863, still holds at pleasure ; see Ryder v. Foley, 4 C. L. R. 122 (reversing (1906) St. R. Qd. 225). For New Zealand see Reynolds v. Attorney-General, 20 N. Z. L. R. 24, Of. Williams v. Giddy, [1911] A.C. 381.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 1)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation