Opinion Number. 762

Subject

PUBLIC SERVICE LEGAL EFFECT OF TRANSFER OF OFFICER TO UNATTACHED LIST

Key Legislation

COMMONWEALTH PUBLIC SERVICE ACT 1902

Date
Client
The Comptroller-General of Customs

The Comptroller-General of Customs has forwarded the following memorandum for advice:

Attention is invited to the enclosed minute dated 29th ultimo from the Acting Secretary, Public Service Commissioner's Office, intimating that in view of the circumstances connected with the absence of Mr A., it is considered that that officer should be transferred to the unattached list, and the Acting Commissioner approves of his transfer accordingly.

Advice is requested whether the issue of the order referred to in the Secretary's minute of 15th ultimo herein or the legal position generally would be affected in any way by the placing of Mr A. on the unattached list. It is suggested that such action might amount to a definite recognition of continuing rights.

It is not clear what is the legal effect of the transfer of an officer of the Public Service to the unattached list, as the Public Service Act does not appear to contain any express provision for such a list.

In any case, in my opinion, the transfer of Mr A. to such a list would not affect the issue of the order under the War Precautions Act referred to in the file.

[Vol. 15, p. 34]