The Secretary to the Department of Home and Territories has requested advice as to whether public servants of the Northern Territory are Commonwealth public servants in the sense that they have all the rights, privileges and disabilities conferred or imposed on public servants under the Commonwealth Public Service Act 1902-1918.

Section 4 (3) of the Northern Territory (Administration) Act 1910 provides that the Governor-General may appoint, or may delegate to the Minister or the Administrator power to appoint, such officers as are necessary for the administration of the Northern Territory Acceptance Act 1910 or the Northern Territory (Administration) Act 1910 or for the proper government of the Territory.

Section 13 (1) of that Act provides that, until the Parliament makes other provision for the government of the Territory, the Governor-General may make Ordinances having the force of law in the Territory. In pursuance of section 13 (1) the Public Service Ordinance 1913 was made, and I understand that public servants of the Northern Territory are appointed either under that Ordinance or under section 4 (3) of the Northern Territory (Administration) Act 1910.

The Commonwealth Public Service Act 1902-1918 applies only to officers appointed under that Act and to officers to whom its provisions are expressly applied.

There appears to be nothing in the Northern Territory (Administration) Act 1910 or in any Ordinance of the Northern Territory expressly applying the provisions of the Commonwealth Public Service Act to officers of the Northern Territory. Sections 11 and 12 of the Northern Territory Acceptance Act apply to a special class of officers and cannot I think be construed as suggested by the Administrator.

In my opinion, therefore, the question asked by the Secretary should be answered in the negative.

[Vol. 18, p. 144]