Transfer of officers

Transfer of officers

- Constitution of Australia

Transfer of officers

84. When any department of the public service of a State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the Executive Government of the Commonwealth Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation, payable under the law of the State on the abolition of his office. Any such officer who is retained in the service of the Commonwealth shall preserve all his existing and accruing rights, and shall be entitled to retire from office at the time, and on the pension or retiring allowance, which would be permitted by the law of the State if his service with the Commonwealth were a continuation of his service with the State. Such pension or retiring allowance shall be paid to him by the Commonwealth; but the State shall pay to the Commonwealth a part thereof, to be calculated on the proportion which his term of service with the State bears to his whole term of service, and for the purpose of the calculation his salary shall be taken to be that paid to him by the State at the time of the transfer. Any officer who is, at the establishment of the Commonwealth, in the public service of a State, and who is, by consent of the Governor of the State with the advice of the Executive Council thereof, transferred to the public service of the Commonwealth, shall have the same rights as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.

Constitution of Australia

Bill Of Rights
Commonwealth of Australia Constitution Act

Chapter I - The Parliament

Part I - General
Part II - The Senate
Part III - The House of Representatives
Part IV - Both Houses of the Parliament
Part V - Powers of the Parliament

Chapter II - The Executive Government

The Executive Government

Chapter III - The Judicature

The Judicature

Chapter IV - Finance And Trade

Finance And Trade

Chapter V - The States

The States

Chapter VI - New States

New States

Chapter VII - Miscellaneous


Chapter VIII - Alteration Of The Constitution

Alteration Of The Constitution


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