The Australian Law Times Volume 10 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...the teachers would be placed on the same basis as the other public servants. No act dealing with the public sen ice was passed till the act No. 773 w-s passed in 1883. Eleven years had then elapsed tiom the time the statutory promise was made in the act 447. The preamble of the act No. 773 recited what was the real state of affairs when that act was passed. It stated: --" Whereas a large number of person are employed in the service of the state who are not subject to, nor included within, the provisions of the act No ItiO, intitled An Act to Kegulate the Civil Service; nnd whereas it is desirable to repeal that act, and to make better and general provisions which shall apply to and include all departments of the publie service not heretofore provided for by an act of Parliament," &c. The net then instead of having a system of superannuation or pension, adopted a new policy, witli which we are not now concerned in considering this case, except ns it affects the members of the public service who were in the service when the act was passed. They were dealt with by provisions of the act, which dealt as a whole with the classified nnd unclassified officers. The unclass'fied officers were in the proportion of three to one of the classified officers; but they were given a statutory right as to retiring allowances, and gratuities, that the classified officers had under the Act No. 16(1. In the 22nd section of the act 447 no provision was made as to when the teachers should be allowed to retire. A contract between the state and an individual in the public service had, like all other contracts of the same diameter, the condition of mutual obligations. In the absence of the enactment of section 70 of the Public Service Act there was no...