For the purposes of an opinion given by me on 1 December 1922⁽¹⁾ I stated that I understood certain officers of the Postmaster-General's Department, who were in Class A2 of the Professional Division and to whom the Professional Officers' Award made on 26 April 1918 applied, had been awarded increments in pursuance of clause 2 of that Award.

It now appears that the Treasury was asked verbally to make provision on the Estimates for increments to those officers. No provision, however, was made.

The Secretary, Postmaster-General's Department, desires advice as to what constitutes awarding an increment, and whether the request to the Treasury to make provision on the Estimates for increments fulfils the condition.

For the purpose of the Award in question, I think a decision given by the Permanent Head to grant an officer an increment is an awarding of an increment. The decision does not legally require a written record of its having been made, although a written record is obviously desirable.

A mere request to the Treasury to make provision on the Estimates for certain increments does not of itself amount to an award of increments, though in certain cases it may be evidence that an award has been made, as, for instance, if it is expressed in the form 'Please make the following provision in the Estimates in order to pay increments which I have awarded'. But if the request to the Treasury is made by the Permanent Head with the intention, if provision is made on the Estimates, to award increments in the light of the provision so made, the increments cannot, in my opinion, be regarded as having been awarded.

[Vol. 19, p. 181]

(1)Opinion No. 1280. See also Opinion No 1315.