PUBLIC SERVICE OFFICER APPOINTED TO NEW GUINEA PUBLIC SERVICE: WHETHER EXISTING OR ACCRUING RIGHTS AFFECTED: WHETHER NECESSARY TO RESIGN
COMMONWEALTH PUBLIC SERVICE ACT 1902
The Secretary, Prime Minister's Department, has forwarded me the following memorandum for advice:
I desire to inform you that it has been decided to appoint Mr A.B.C, an officer of the Federal Taxation Department, to an administrative position in the Territory of New Guinea.
In view of the fact that Mr C. is a permanent member of the Commonwealth Public Service, I should be glad to know whether the proposed appointment of this officer to the New Guinea administration will affect his existing and accruing rights under the provisions of the Commonwealth Public Service Act.
I should also be glad to be advised as to whether it will be necessary for him to resign from the Commonwealth Public Service.
So far as I am aware the Public Service of the Territory of New Guinea is not constituted by Ordinance.
Assuming that officers of the New Guinea administration are paid out of Territorial funds and are not attached as a branch to any Department of the Commonwealth Public Service, it appears that the New Guinea service is distinct from the Commonwealth service. That being so, I am of opinion that Mr C. would not under existing law retain in the New Guinea service existing and accruing rights. The preservation of such rights is, in cases such as that under consideration, a matter to be dealt with by Ordinance of the Territory.
I think that in order that Mr C. may be relieved of his obligations under the Commonwealth Public Service Act he should upon appointment to the New Guinea service resign from the Commonwealth service.
[Vol. 17, p. 369]