This Act may be cited as the Public Service Amendment Act, 1927, and shall be read together with and deemed part of the Public Service Act, 1912 (hereinafter referred to as the principal Act).

The Governor-General in Council may at any time, on the recommendation of and for special reasons assigned by the Commissioner, revoke wholly or in part any declaration heretofore made or that may hereafter be made by him pursuant to section four of the principal Act excluding any office or officer or class of officers from the operation of the principal Act.

Forthwith after the taking effect of any revocation made under this section the Commissioner shall proceed to grade the officer or officers affected thereby.

Any person employed in the Public Service as defined by section three of the principal Act shall be eligible for appointment to any position under the control of the Commissioner as if he were subject to such control, notwithstanding that by virtue of section four of the principal Act or of any order made by the Governor-General in Council thereunder, or by virtue of any provision in any other Act, he is not under the control of the Commissioner. Any such person on appointment to a position under the control of the Commissioner shall become subject to such control in respect of that position.

Section five of the principal Act is hereby amended by adding the following as subsection two thereof:—

Section six of the principal Act is hereby amended by adding thereto the following subsection:—

Section twenty-nine of the principal Act is hereby amended by adding thereto the following subsection:—

Subject to the provisions of the principal Act, every person shall be eligible for appointment to the Public Service who, in accordance with the prescribed conditions, has passed a competitive examination conducted for the purpose of testing the efficiency of candidates for appointment to the Public Service, or who has passed such other examination as the Commissioner may recognize as being equivalent or superior to the first-mentioned examination.

Subject to the provisions of the principal Act, any person other than a person to whom the last preceding subsection is applicable may be appointed to any position in the Public Service if in the opinion of the Commissioner no officer then in the Public Service and available for appointment to that position is fully qualified for appointment to the position and capable of efficiently carrying out the duties thereof.

In any special case to which neither of the two last preceding subsections is applicable, and notwithstanding any restrictions with respect to appointments imposed by the principal Act, the Commissioner may appoint any person to a position in the Public Service if in his opinion it is desirable in the public interest so to do:

Provided that no person shall be appointed to a position under this section unless the Commissioner is of opinion that no person then in the Public Service and available for appointment to that position is fully qualified for appointment to the position and capable of efficiently carrying out the duties thereof.

Every appointment made under the last preceding subsection, with the Commissioner’s reasons for making the same, shall be expressly referred to in the next annual report made by the Commissioner thereafter, pursuant to section fifteen of the principal Act.

Section forty of the principal Act is hereby consequentially amended as follows:—

Section thirty-nine of the principal Act is hereby amended—

Whenever a vacancy occurs in any position within the Public Service, or if a new position is created therein, the Commissioner may, in accordance with the provisions of this section, transfer to that position from any other position an officer then in the Public Service. For the purposes of this section a person to whom subsection three of section two of this Act is applicable shall be deemed to be an officer of the Public Service, but, unless subject to the control of the Commissioner, shall not be entitled to any right of appeal against a determination of the Commissioner.

The Commissioner shall whenever practicable notify by official circular or otherwise all vacancies in the Public Service the filling of which by the transfer of any qualified officers then in the Service would result in their promotion. Any notification given under this section in respect of a vacancy in any position may invite applications to be made in respect of any consequential vacancy that may be created by the filling of the first-mentioned vacancy, and in any such case it shall not be necessary to give further notification of any such vacancy as it arises. Where applicants for any position require to be possessed of special qualifications a notification under this section with respect to that position may be restricted to officers of the Department in which the vacancy has occurred and to the officers of any other Department where similar qualifications are required.

Notwithstanding anything in the last preceding subsection, the Commissioner may in any case fill any vacancy without having notified the same if he is of opinion that an appointment should be forthwith made.

In the event of two or more officers being applicants for the same position preference shall be given to that officer who, in the opinion of the Commissioner, is the most efficient and suitable for appointment to the position.

In the event of two or more officers being equally efficient and suitable the decision of the Commissioner shall be determined by reference to the seniority of the officers concerned in respect of their classification.

For the purposes of this section the relative efficiency of two or more officers shall be determined by reference to their special qualifications and aptitude for the discharge of the duties of the office to be filled, together with merit, diligence, and good conduct.

Every appointment made under this section shall be duly notified by the Commissioner, by official circular or otherwise, and, subject to the provisions of section seventeen hereof, any officer for whom such appointment would have involved promotion may appeal therefrom.

Every appointment made by way of transfer under the last preceding section and involving the promotion of the officer transferred shall be provisional, and shall not be confirmed unless and until all appeals therefrom have been duly determined and have been disallowed, or, if no appeals are made, until the time allowed for the making of such appeals has expired.

If any appeal against any such appointment is allowed, the Commissioner shall forthwith appoint the successful appellant to the position, and shall cancel the provisional appointment.

Notwithstanding anything in the foregoing provisions, the Commissioner may at any time cancel a provisional appointment, whether or not an appeal against such appointment has been made, if in his opinion the office is not required or can be suitably filled by the transfer without promotion of any other officer, or that further notification of the position is desirable, or for other sufficient reason.

The provisions of this section as to complaints and charges against officers, and the penalties or other consequences thereof, shall apply with respect to any officer who—

If the permanent head of any Department receives or makes a minor complaint against any officer, or has reason to believe that any officer has committed what in the opinion of the permanent head is a minor offence, he may require the officer to furnish an explanation, and if after consideration of such explanation he is satisfied that the subject-matter of the complaint or charge is proved he may caution or reprimand the officer, or may order that a sum not exceeding two pounds be deducted from his salary. Any action taken under this subsection by the permanent head shall be forthwith reported to the Commissioner, who in cases where a deduction from salary has been ordered shall confirm the decision of the permanent head or shall reduce or remit the penalty as he thinks proper. The decision of the Commissioner with respect to any such penalty shall be final.

Where a complaint or charge of a more serious nature than is provided for in the last preceding subsection is made against any officer (not being the permanent head of a Department) the following provisions shall apply:—

Any officer against whom a complaint or charge is made under this section may, pending the hearing and determination of such complaint or charge, be suspended by the permanent head, or in emergent cases by the officer who under the permanent head is responsible for the proper discharge of his duties.

Every suspension under the last preceding subsection shall be forthwith reported to the Commissioner, and any such suspension may be removed only by the Commissioner.

Except with the express approval in writing of the Commissioner, no person who has been suspended under the foregoing provisions of this section shall be entitled to receive any salary or payment in respect of the period of suspension if the charge or complaint made against him is sustained on inquiry or investigation as hereinbefore provided.

At any inquiry or investigation held under this section with respect to any complaint or charge made against an officer such officer shall be entitled to be represented by counsel or agent.

If in any case the Commissioner is of opinion that the conduct of any officer (including a permanent head) should be made the subject-matter of inquiry he may, notwithstanding that a formal complaint or charge has not been made against such officer, institute such inquiry, and in any such case the provisions of the last preceding section shall, with the necessary modifications, apply, references in that section to the permanent head being, where necessary for the purposes of this section, construed as references to the Commissioner.

The Board of Appeal established under the principal Act shall hereafter be constituted as follows:—

One of the members appointed by the Governor-General pursuant to paragraph (a) of the last preceding subsection shall be appointed by him as the Chairman of the Board.

The persons elected in accordance with the provisions of paragraph (6) of the last preceding subsection shall not be entitled to sit as members of the Board of Appeal at the same time, and shall mutually agree as to which of them shall act as a member of the said Board in any particular appeal. In default of such agreement the person so to act shall be determined in the manner prescribed by regulations.

With respect to the elective members of the Board of Appeal the following provisions shall apply:—

The Commissioner shall from time to time as occasion may arise appoint a fit person to be the deputy of any member other than an elected member of the Board of Appeal.

Such deputy member shall act for the member whose place he takes whenever—

When a deputy member is called on to act in consequence of either of the contingencies set out in paragraphs (a) and (b) of the last preceding subsection he shall continue to act until another member has been duly appointed and has entered upon the duties of his office.

When such deputy member is called on to act in consequence of any of the contingencies set out in paragraphs (c), (d), (e), and (f) of subsection two hereof he shall continue to act for such time as shall be designated by the Commissioner.

No member shall act on the Board of Appeal in any appeal affecting an officer of the Department in which such member is an officer.

No member shall act as a member of the Board of Appeal in an appeal affecting himself.

In the event of both elected members of the Board of Appeal or officers of both the Departments in which such members are employed being affected by the same appeal, or in the event of the incapacity of either of the elected members of the Board of Appeal by reason of illness, absence, or any other cause, an officer of the Public Service, to be selected in manner prescribed by regulations in that behalf, shall act in place of the elected member of the Board at the hearing of such appeal, and such officer shall for the purposes of this Act be deemed to be the duly elected member of the Board of Appeal for the hearing of such appeal.

Every officer shall have a right of appeal in accordance with this section against—

Notice of appeal against any determination of the Commissioner, and of the grounds of such appeal, shall be forwarded to the Commissioner in writing within twenty-one days after such determination has been notified to the officer concerned, or within such extended time as the Commissioner may in any case allow.

The Board of Appeal shall have jurisdiction to hear and determine such appeal, and for this purpose to summon and examine witnesses on oath or otherwise. On any such appeal the Board may receive such evidence as it thinks fit, whether such evidence would be legally admissible in other proceedings or not.

In any proceedings under this section the decision of the Board of Appeal shall be final, and no writ of mandamus, prohibition, or certiorari shall lie in respect thereof to any Court.

In the event of the Board of Appeal allowing an appeal with respect to the grading of an officer the Commissioner may declare the office held by that officer to be vacant, and may fill such vacant position as hereinbefore in this Act provided.

If in the opinion of the Board any appeal under this section is frivolous or vexatious, or one that should not have been made, the Board may order the appellant to pay the cost of the appeal, and the sum so ordered to be paid shall be recoverable in the manner prescribed for the recovery of fines for breaches of regulations.

No person shall in any way attempt to influence the Board of Appeal or any member of such Board in respect of the appeal of any officer.

Any person who commits a breach of the provisions of this section shall be guilty of an offence punishable on summary conviction by a fine not exceeding fifty pounds.

Any officer on conviction of such an offence shall, in addition to any other penalty, be liable to immediate dismissal.

Nothing in this section shall be so construed as to prohibit any person from giving information or making representations in respect of any appeal at the request or invitation of the Commissioner or the Board of Appeal, or as a witness or the representative of an appellant before the Board of Appeal.

The principal Act is hereby consequentially amended as follows