PUBLIC SERVICE
PAYMENT OF FURLOUGH IN ANTICIPATION OF PASSING OF PUBLIC SERVICE BILL AUTHORISING SUCH PAYMENT: LA WFUL PROVIDED FUNDS ARE VOTED BY PARLIAMENT
CONSTITUTION, ss. 81, 83
The Secretary to the Treasury has forwarded me the following minute for advice:
The Prime Minister made the following announcement regarding the above-mentioned subject to the House of Representatives on 10 December 1921, vide Hansard of that date(1):
By virtue of a decision of the Cabinet, payment for double furlough has been made in a number of cases in anticipation of the passing of the Public Service Bill now before the Senate. As there are a number of cases which must be dealt with before the Parliament again meets, I desire to announce that the Government, in anticipation of the passing of that measure, intends to continue the payment on the basis for which it provides.
The question of the payment of dual furlough in anticipation of legislation was considered by Cabinet on 5 January, when the following decision was arrived at, viz: Payment approved subject to legal advisers being of opinion that there is no legal objection.
The matter is accordingly referred for opinion as to whether there is any legal objection to payments being made in respect of dual furlough in anticipation of the passing of the Bill.
I see no legal objection to payments in lieu of furlough being granted to an officer upon his retirement at the rates specified in the Commonwealth Public Service Bill 1921 prior to the passage of that measure, provided that such amounts are paid out of funds voted by Parliament for the purpose.
I desire to point out however that there is at present no legal authority for the grant to an officer of 'dual' furlough.
[Vol. 18,p. 242]
(1)The announcement was made on 9 December 1912 (Hansard, Vol.98, p.14260).