The Acting Secretary to the Public Service Commissioner has forwarded a statement that F.H.E., Mail Driver, Postmaster-General’s Department, South Australia was, on the 19th March, 1923, charged at the Police Court, Adelaide, with having failed to comply with an order of the Court to pay 30/- a week towards the maintenance of his wife and children and that the Court found the charge proven and ordered that E. should be imprisoned for two months, the warrant to be withheld for three days. Before the expiration of that period the amount due was paid into the State Children’s Department.

In my opinion No. 127 of 1922 in reference to the case of A.B.C., I defined the meaning of ‘criminal offence’ as used in section 66(1) of the Commonwealth Public Service Act 1902–1918 as ‘any offence for which punishment is provided by law’.⁽¹⁾

I am therefore of the opinion that the offence of which F.H.E. was convicted on
19th March 1923 is a criminal offence within the meaning of s 66(1) of the Commonwealth Public Service Act 1902–1918.

[Vol. 20, p. 28]

(1) Opinion No. 1255.