The Public Service Commissioner has forwarded the following case asking for advice:

Certain officers of the permanent Service who are members of the Federated Public Service Assistants' Association, an organisation registered under the Arbitration (Public Service) Act 1911, have brought under notice the fact that the Association is affiliated with the Political Labor League of New South Wales, and that, at a meeting of the Association held at the Trades Hall, sympathy was shown with the anti-conscription movement by voting a sum of £5 towards the funds of the Labor League. It is presumed that this contribution was made in support of the anti-conscription movement, although this is not definitely stated. The protesting officers, being opposed to this action by the Association, are desirous of severing their connection with that body, and ask whether they can do so without being penalised for their loyalty to the conscription movement by forfeiture of the increased salary provided by arbitration award. It is stated that one member has already resigned, owing to the action of the Association in making the contribution referred to, and is thereby suffering a loss in salary.

The questions submitted for advising by the Attorney-General are as follows:

1. Is the Association entitled to vote sums from its funds for such purposes as that above indicated? (Copy of rules of the Association is forwarded herewith.)
2. Is there anything in the Public Service Act or the Arbitration (Public Service) Act which would debar the Association from so using its funds? If so, what action could be taken by protesting members against the Association?
3. In the event of the protesting members resigning membership, is there any power under the Public Service Act and Regulations to continue payment to them of award salaries, assuming that the reasons advanced for resignation are considered by the Public Service Commissioner to be such as to justify severance from the organisation?

As regards the first question, the rules of the Association include among the objects for which the Association is established the following:

1. To improve and protect the conditions of labour;
2. To promote the general and material welfare of the members, and to improve the relations between employer and employee;

********


3. To endeavour by political action to secure social justice;

********


4. To assist by federation, or otherwise, kindred organisations in upholding the rights and privileges of workers, and generally to assist in the emancipation of labour.

Disbursements in furtherance of any of the above objects are declared to be part of the ordinary expenses of the Association.

The question whether the action of the Association referred to by the Public Service Commissioner is within one or other of the objects set out above is a question of great difficulty. In view of the generality of the language in which several of the objects are set forth, I am unable to advise that the action is not covered by one or other of those objects.

As regards the second question, there is so far as I am aware nothing in the Commonwealth Public Service Act 1902-1917 or the Arbitration (Public Service) Act 1911 which would debar the Association from so using its funds. If, however, the use of the funds were unlawful, the Public Service Commissioner could move for the de-registration of the Association.

As regards the third question, there does not appear to be power under the Public Service Regulations as they stand at present to continue payment to persons who have resigned from the Association of salaries at the award rates. There is, however, ample power to make a valid regulation under the Act to permit of such action being taken.

[Vol. 15, p. 342]