CAB129-52 — Page 153

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THE FEDERAL PUBLIC SERVICE

PART 1. CIVIL SERVICE PREPARATORY COMMISSION

In order to work out the details of how the Federal Public Service is to be established a Commission of Enquiry, to be known as the Civil Service Preparatory Commission, is being set up with the follow- ing terms of reference:-

(1) In the light of the provisions of the Draft Federal Scheme, and in particular of the provisions of Part 2 of Chapter VII, to make recommendations concerning the establishment of a Federal Public Service(34) and in particular for the following matters: —

(i) initial arrangements for the transfer to the Federal Public Service of those functions which are to be transferred from Territorial to Federal control;

(ii) organisation and structure of the Federal Public Service; (iii) terms and conditions of service of officers and other employees

appointed to the Federal Public Service;

(iv) arrangements for the transfer to the Federal Public Service of those officers and other employees at present serving in the Territories who will be required to staff Federal services;

(In making recommendations on this subject the Prepara- tory Commission shall have regard to the need for preserva- tion of existing rights and avenues of advancement of such officers and employees.)

(v) arrangements which should govern the grant of the right to retire on abolition-of-office terms to officers and other employees who are at present staffing such services of the Territorial Governments as are to be transferred to the Federal Government and who elect not to accept appoint- ment in the Federal Public Service.

(2) To consider what steps should be taken to work towards uniformity in terms and conditions of service between the Federal Public Service and the Territorial Public Services in order to encourage interchangeability of staff between these four services."

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PART 2.

ESTABLISHMENT AND CONTROL OF THE

FEDERAL PUBLIC SERVICE

1. In this Part the expression "Federal Public Officer

Federal Public Officer" does not Interpre- include a Judge of any Federal Court.

2. The power to appoint (including power to promote or transfer) and the power to dismiss and to exercise other disciplinary control over Federal Public Officers will be vested in the Governor-General.

tation.

Power to appoint

and to dismiss etc. Federal

Public

(34) The Federal Public Service will be separate from the Territorial Public Officers. Services which will continue to carry out the functions remaining with the Territorial Governments.

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J

Constitution

etc. of the Public Service Commission.

Public Service Commission.

Delegation

General's

powers.

3. (1) There will be a Public Service Commission(35) to advise the Pavonqrengfal Othe exercise of the Bages 1200 him by paragraph 2 above.

(2) (a) The Public Service Commission will consist of such persons as the Governor-General may appoint, one of whom the Governor-General will nominate as Chairman of the Commission.

(b) No person will be appointed as or will remain a member of the Public Service Commission if he is a member of the Federal Legislature or of any Territorial Legislature.

4. (1) In the exercise of the powers referred to in paragraph 2 above the Governor-General will act after consultation with the Public Service Commission.

(2) The Public Service Commission will have such other functions as may be assigned to it by law or regulations enacted in pursuance of paragraph 6 below.

5. The Governor-General may delegate to any person or authority of Governor in the Federation any of the powers conferred on him by paragraph 2 above. The Governor-General may delegate any such power subject to such limitations and conditions as he may think fit, and in particular may require the person or authority to whom the power is delegated to exercise such power with the advice of the Public Service Com- mission and may prescribe whether or not such person is to act in accordance with the advice of the Public Service Commission.

Miscella-

neous provisions regarding

the Public Service

Commission.

Preservation of pension rights, etc.

6. (1) The Federal Legislature will be empowered to make laws for giving effect to the foregoing provisions of this Part and in particular for the following matters:

(a) additional functions of the Public Service Commission;

(b) appointment of temporary members of the Commission (includ-

ing a temporary Chairman);

(c) tenure of office and other terms of service of members (includ-

ing temporary members) of the Commission

(d) organisation of work of the Commission and the manner in

which it shall perform its functions

;

(e) staff of the Commission and their terms of service ;

(f) delegation to any member of the Commission of any of the

Commission's functions.

(2) Until the Federal Legislature makes provision for the matters referred to in sub-paragraph (1) above, the Governor-General may make provision for such matters by regulations. Such regulations will be subject to revocation and amendment by Federal law.

7. The conditions of service, including pensions, gratuities and other like benefits, of public officers (and their widows, children, dependants and personal representatives) which might be affected, by the establish- ment of the Federation, will be preserved. This will also apply to former public officers who, although retired or transferred elsewhere, are entitled to such benefits.

(35) The Public Service Commission would be a continuing body quite distinct from

Preparatory Commission referred to in Part 1 of Chapter.

4 Commission

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