JUSTICE OF THE PEACE: INTERPRETATION OF LEGISLATION WHETHER OFFICE OF JUSTICE OF THE PEACE IS 'AN OFFICE IN OR UNDER THE GOVERNMENT OF ANY STATE': USE OF SECTION HEADING TO INTERPRET PROVISION
COMMONWEALTH PUBLIC SERVICE ACT 1902, s. 79
The Secretary to the Public Service Commissioner has forwarded the following memorandum for advice:
Applications are being received from time to time from olficers of the Commonwealth Public Service requesting permission to accept appointment as Justice of the Peace. It has been considered that acceptance of such positions must be subject to the permission of the Governor-General, the office of Justice of the Peace being regarded as an 'office' of the nature referred to in clause (a) sub-section 1 of section 79 of the Public Service Act. The question has been raised as to whether such permission is necessary, and the Commissioner would be glad of an opinion as to whether either under the clause mentioned or under any other provision of section 79 acceptance should be subject to the approval of the Governor-General.
I do not think that the office of Justice of the Peace is 'an office in or under the Government of any State', within the meaning of section 79 (1) (a) of the Public Service Act, or that it is covered by any other provision of that section.
The heading to the section, Performance of Work outside Public Service, is an indication of the scope of the section; and although the office of Justice carries with it certain duties and responsibilities, I do not think it involves the performance of work within the meaning of the Act.
[Vol. 13, p. 372]
- This date is attributed. The opinion is undated in the Opinion Book, but appears between opinions dated 22 and 23 March 1915.