Reg1tlations.
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(3) The examiners appoinood for the purpose of this examination shall Course of study from time to time give general recommendations to the Commissioner as to t:c~~ended the text-books to be used and as to the course of study. by examiners.
( 4) A person other than an officer of the Public Service shall not be Oftlcers orthe eligible as a candidate at the examination. ~Il':gre~ervice
(5) A candidate may sit for-
(a) Both Divisions at one examination, or (b) Each Division at a separate examination, or
(c) Two subjects of Division II. at one examination and the remaining two subjects at a subsequent examination.
Divisions may be taken top,ether or separately.
(6) Each candidate shall make application in the form of application AgpUcatlon- from time to time determined by the Commissioner, and such application fo~~d~ be shall be lodged with the Secretary at least thirty clear days before the date
:fixed for the commencement of the examination.
Each candidate shall forward, at the time of making application to sit Fee payable.
for the examination, a fee of one pound in respect of each Division or portion of a Division in which he desires to be examined. The fee shall be refunded to every successful candidate, and may be refunded to any candidate who does not sit for the. examination and furnishes reasons satisfactory to the Commissioner for not sitting.
(7) The Secretary shall forward to each candidate a notice stating the ~andl~te to
name of the place where the candidate is to present himself for examination, t~~0,!'~d~~
and the day and hour for holding the same; such notice to be sent in time o! examination.
to reach the candidate at least seven days before the date of the examination.
(8) Candidates shall be examined in the following subjects:- Division I.
Justices and Magistrates Courts Acts, and pleading,
l
practice, and procedure generally before magi·
strates under State laws;
J
Two papers.Pleading, practice, and procedure before magistrates under Commonwealth and Imperial Acts;
Mining law; \
Land laws; }.One paper.
Licensing law; )
Interpretation of statutes-One paper.
Dit>ision II.
Criminal law; }
Contracts; One paper on each Torts;
Evidence.
subject.
Subjects.
Division I.
Dlvllllon II.
(9) The Commissioner may from time to time by advertisement in the Textbooka Government Gazette notify the textbooks recommended to be used, and the ~f~t~~
course of study generally.
(10) The requirements for a pass in Division I. of the examination Requirements
shall be-- for pass.
(a)
(b)
A candidate who gains not less than sixty per centum of the DIVision I.
aggregate number of marks for all subjects and not less than :fifty per centum of the maximum number of marks in each subject will be considered as having passed in Division I. of the examination.
A candidate who has failed to satisfy the requirements of subclause (a) of clause (10) but has obtained not less than fifty·
eight per centum of the aggregate number of marks obtainable for the four subjects and not less than fifty per centum in at least three of such subjects may, in the discretion of the Commie·
sioner, be permitted to present himself for re-examination in the subject in which he has obtained the lowest number of marks or
Division II.
that in whieh a re-examination appears to the Commissioner to be desirable. If upon such re-examination such candidate obtains not less than fifty per eentum of the number of marks obtainable for that subject and if such marks added to the marks obtained at the earlier examination in the other three subjects amount to not less than sixty per centum of the aggregate number of marks obtainable for such four subjects he shall be considered as having passed in Division I of the examination: Provided that-- (i.) The candidate must present himself for re-examination at the
next examination unless the Commissioner gives him permission to sit at a later examination;
(ii.) The candidate shall not be permitted to be so re-examined more than once unless the Commissioner thinks fit to permit him to be re-examined a second time.
(11) The requirements for a pass in Division II. of the examination shall be-
(a) A candidate who elects to sit for all four subjects at one examination and who gains not less than sixty per eentum of the aggregate number of marks for all subjects and not less than fifty per centum of the maximum number of marks in each subject will be considered as having passed in Division II. of the examination.
(b) A candidate who elects to sit for all four subjects at one examination and who has failed to satisfy the requirements of subclause (a) of ala use (11)-
(i.) But has obtained not less than fifty-eight per centum of the aggregate number of marks obtainable for t.he four subjects and not less than fifty per centum in at least three of .such sulJjects may, in the discretion of the Commissioner, be permitted to present himself for re-examination in the subject in which he has obtained the lowest number of marks or that in which a re-examination appears to the Commissioner to be desirable. If upon sueh re-examination such candidate obtains not less than fifty per eentum of tl1e number of marks obtainable for that subject and if such marks added to the marks obtained at the earlier examination in the other three subjects amount to not less than sixty per centum of the aggregate number .of marks obtainable for such four subjects he shall be considered as having passed in Division II. of the examination;
(ii.) But has obtained not less than sixty per centum of the aggregate number of marks obtainable in two of the subjeets taken and not less than fifty per centum of the maximum number of marks in each such subject may, in the discretion of the Com- missioner, be permitted to present himself for re-examination in the remaining two subjects and if he gains not less than sixty per centum of the aggregate number of marks for such remaining two subjects and not less than fifty per centum of the maximum number of marks in each such subject he shall be considered as having passed in Division II. of the examination.
Provided that a candidate referred to ·in (i.) or (ii.) hereof-
(a) Must present himself for re-examination at the next examination unless the Commissioner gives him permission to sit at a later examination;
(b) Shall not be permitted to be so re-examined more than once unless the Commissioner thinks fit to permit him to be re-examined a seeond time.
(c) A candidate who elects to sit for two subjects at one examination and the remaining two subjects at a subsequent examination and who gains not less than sixty per eentum of the aggregate number of marks for the first two subjects taken and not leas than fifty per centum of the maximum number of marks in each such subject must sit for the remaining two subjects at the next examination or at the next examination but one, unless the Com- missioner gives him permission to sit at a later examination, and
Reg1tlations.
··· - - --- --· - -·--- - - -
if he gains not less than sixty per centum of the aggregate number of marks for such remaining two subjects and not less than fifty per centum of the maximum number of marks in each such subject he shall be considered as having passed in Division II. of the examination:
Provided that the candidate shall not be permitted to be examined in the remaining two subjects more than once unless the Commissioner thinks fit to permit him to be so examined a second time.
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(12) The names of successful candidntes shall be recorded in such Record.of manner as the Commissioner may determine, and each successful candidate succ;:d~ to in a Division shall be furnished with a certificate of having passed the ~~nkcpt 8 examination for that Division. Such certificate shall be in form approved SuccessfUl
by the Commissioner. ~~'1~~;g
with a
(E) MISCELLANEOUS. certificate.
92. The Commissioner may from time to time appoint such examiners Appointment as may be necessary for the conduct of the examinations under C and D of of examiners.
this Part of the Regulations-or any other examination or test which the Commissioner considE>rs necessary.
The examiners so appointed shall-
(i.) set the examination papers and examine anll mark the candidates' answers;
(ii.) put the questions and allot the marks for the candidates' answers
there~o in the ease of a viva voce examination; and
(iii.) advise the Commissioner of the results obtained by each candidate.
93. The fees payable to examiners appointed under the preceding Examlnel'll' Regulation fo1· setting examination papers and marking the answers shall fees.
be such as the Commissioner may from time to time determine according to the nature of the examination subject and the work involved.
PART Vll.-Appointments.
94. Except where appointment to a position in the Public Service is Appointment presClibed to be by examination, any person may be admitted to the Publie to the Public Service who, in the opinion of the Commissioner, possesses the necessary ~1sr:;e;t1~
qualifieations for the office to whieh it is proposed to appoint him. than by examination.
Provided that in the ease of a person who is to be admitted to the Commis·
Public Service in pursuanee of this Regulation, it shall not be necessarr, for sioner's the Commissioner to certify that, in his opinion, there is no person available certificate in the Servic~ who is capable of filling the office to which it is proposed ~~;essary.
that the appomtment shall be made.
96. Unless otherwise approved by the Governor in Council, on the Conditions of recommendation of the Commissioner, every person on his admission to the appotntment.
Public Service shall serve on probation.
96. (1) The period of probation shall be twelve months or such other Probationary period as the Governor in Council, on the recommendation of the Commissioner, period.
may determine.
(2) Before the expiration of the period of probation the permanent head Report on shall report to the Commissioner on the manner in which the probationer has pro):lationary performed his duties and upon his general conduct. If the service of such periOd.
probationer during such period has, in the opinion of the Commissioner, been satisfactory, the Commissioner shall, at the expiration of such period, If~riod
recommend to the Governor in Council that the appointment be confirme.il. satlllfactory.
1'he appointment shall date from the commencement of the probationary period. If the service of the probationer during such period has, in the opinion of the Commissioner, been unsatisfactory, the Governor in Council, ~t,J:f~-d on the recommendation of the Commissioner, may- factory.
(a) Annul the appointment and terminate the services of the probationer; or
(b) Extend his probation for any further period:
Provided that such probationer shall be given an opportunity to show cause why he should be permanently appointed.
Extension of period.
Report on extended probationary period.
Date of appointment.
Certificates to be furnished.
Appointee to serve in any part of the State.
Maximum age.
Credit for previons service.
Transfers of ofllcers.
8alacy in excess of maximum rate of ofllce.
(3) If the probationary period is extended for any further period the provisions of clause (2) hereof shall apply to the probationer in respect of such extended probation.
(4) If subsequently confirmed after an extension of the period of probation, the appointment shall be made retrospective for a period equal to the period of appointment on probation in the first instance only.
97. Every person admitted to the Public Service, whether in the first instance on probation or otherwise, shall, when required so to do, furnish to the Commissioner-
(a) Either a short extract or a certified copy of the registration of birth showing his age or, if unable to obtain such extract or certified copy, such other evidence as to age as the Co=issioner may deem to be satisfactory;
(b) .A. health certificate from the Government Medical Officer, provided that in special cases where a Government Medical Officer is not available, the Commissioner may accept a certificate from another medical practitioner registered in the State. The certificate shall be in the form approved by the Commissioner.
98. Any person on his admission to the Public Service may be required to serve in any part of the State.
99. Except in special cases approved by the Governor in Council, on the recommendation of the Commissioner, no person shall be admitted to the Public Service who is over forty-five years of age, unless he has qualified for appointment to a position in the Public Service at an examination prescribed by these Regulations.
100 • .A. person upon admission or readmission to the Public Service may, in the discretion of the Commissioner, be given credit for any part of his previous service in the employment of the Crown (as defined by Section 3 of the Act) or in the Commonwealth Service, whether continuous or in broken periods:
Provided that an officer who leaves the Public Service of his own accord and who is readmitted thereto within a period of twelve (12) months shall be given credit for the continuous service which he had immediately prior to leaving the Service.
PART VIII.-Transfers and Promotions.
(A) TRANSFERS.
101. The Governor in Council may, on the recommendation of the Commissioner, transfer an officer-
(a) From a clerical position to a professional position;
(b) From a professional position to a clerical position;
(c) From a position as a classified teacher to a professional or clerical position;
and every officer so transferred shall receive such rate of salary and classi- fication, if any, as the Governor in Council, on the recommendation of the Commissioner, may determine having due regard to the nature of the work to be performed and to the interests of officers employed in similar positions.
102. If an officer is in receipt of a greater salary than the maximum determined by the Governor in Council on the recommendation of the Com- missioner to be appropriate to the work of that officer, the case shall be dealt with in the following manner:-
(a) If an office of equal salary and classification, either in the same or another department is available or becomes available within a period of twelve months, or such extended period or periods as the Governor in Council, on the recommendation of the Com- missioner, may determine, and in the opinion of the Commissioner the officer is competent to fill that office, the Governor in Council on the recommendation of the Commissioner may transfer him thereto.
Regulations.
(b) If no such office which in the opm10n of the Commissioner the officer is competent to fill is available or becomes so available, the Governor in Council shall, on the recommendation of the Co=is- sioner, at the expiration of the period of twelve months above- mentioned, or such extended period or periods as may have been determined, either reduce the salary and classification of the officer to the maximum salary and classification appropriate to the work of that officer or transfer the officer to some other office of lower salary and classification.
If, in the opinion of the Commissioner, such officer is fitted for and capable of performing work to which is attached salary and classification equal to that formerly enjoyed by him, he shall be entitled to employment on such work as soon as a vacancy occurs.
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103. Where, in the opinion of the Commissioner, any office or any particu- Salary and lar work or division of work has become of greater importance, o1· the duties gi~ssilicafon
incident thereto more onerous or extensive, than at the date of the last olgffic!a ue classification, the Governor in Council, on the recommendation of the Commis- · sioner, may alter the classification of such office or work, and the salary attaching thereto, and assign such office or work to the officer then employed therein with a change of classification, or treat such office or work as vacant or new and appoint or promote some other officer thereto.
104. Where a greater number of officers is found to be employed in any Depart- department than the Governor in Council, on the recommendation of the ments Commissioner, determines to be necessary for the efficient working thereof, the ~~~ed.
Governor in Council, on the recommendation of the Commissioner, may transfer any officer who is in excess to anoth!Jr office of equal classification and salary; or, if no such ofilce is available, transfer such officer to an office of lower classification and salary or either of them; or retire him, if. he cannot be usefully and profitably employed elsewhere in the Public Service.
(B) PROMOTIONS.
105. In determining the claims of officers for promotion consideration Promol!ion shall be given first to the relative efficiency and, in the event of an equality ~;t:=~~Y of efficiency of two or more officers, then to the relative seniority of the and officers available for promotion to the vacancy. seniority.
106. (1) "Efficiency" means special qualifications and aptitude which Efficiency in the opinion of the Commissioner fit an officer for the discharge of the defined.
duties of the office to be filled, together with merit, diligence, and good conduct, and in the case of an officer who is a returned serviceman includes Returned such efficiency as, in the opinion of the Commissioner, he would have attained serviceman.
but for his absence on war service.
(2) Where the position to be filled is one calling for special qualifications, Te~~g the Commissioner may appoint an examiner or examiners to test the a~ns ocr- knowledge of the applicants in any special or technical subjects, or may take applicants such other steps as m~y appear necessary and expedient in order to test the f~ti.oular
knowledge of the apphcants: ~ositions.
Provided that due regard shall be had to any documentary evidence Documentarv indicating qualifications adequate for filling the position. evidence. ·
(3) The qualifications required for appointment to any vacant classified Qualifications position in respect of the filling of which there is a right of appeal shall ~~~~mined be determined by the Commissioner before the position is advertised and before shall be made available on application to any interested applicant or to any positiop is
union. advertiSed.
( 4) In detm·mining efficiency when making appointments to positions In m:tking of Clerk of Petty Sessions or Mining Registrar (with the exception of Clerk ~¥p!m~~~nt of Petty Sessions or Mining Registrar, Division I. and Division II.), and pet1;r Senior Clerk and Clerk (Depositions) in Petty Sessions or Mining Registrars' se~s\ons or Offires, preference shall be given to officers who have passed- ;':ar,
(i.) An examination qualifying for admission to the Bar or to P!efer~ce
practise as a solicitor in Queensland; or ~Wn
(ii.) Division I. of the prescribed qualifying examination for pro- officers.
motion to the positions of Stipendiary Magistrate and Warden, and Clerk of Petty Sessions and Mining Registrar;
and who have had at least three years' experience in petty sessions or warden's office work.