Public Service Appeal Rights: Commission Proposes Curtailment

Greymouth Evening Star, 13 August 1948, Page 5

Public Service Appeal Rights: Commission Proposes Curtailment

(P.A.) WELLINGTON, This Day. “The present legislation regarding the rights of public servants to appeal against appointments is restrictive and the commission is prepared to recommend changes,” states the annual report of the Public Service Commission, which was tabled in the House of Representatives today. The report says that at present public servants have the unrestricted right of appeal against all promotions, provided the appellant would gain promotion, if appointed to the disputed position, and if he had applied for the position if advertised. In the Post and Telegraph Department this right of appeal applied only to appointments with a maximum salary of £1025 or less and in the Railways Department to appointments up to £765. No such limitation was imposed under the legislation relating to the public service. “Review Merited”

The legislation on rights of appeal was not reviewed in 1946 when the control of the public service was changed to a commission of three, including one nominee of the Public Service Association. It was felt that various provisions of the Act now merited review, in particular the provisions relating to appeal. “Appointments to senior positions are not made hurriedly or without full inquiries on the merits of the officers under review,” continued the report. “The commission acts with the fullest and best advice it can obtain. Usually it has the applications reviewed and at least a short list of possible appointees interviewed personally. “On occasions, the commission feels, departments and the administration generally would benefit by appointments which the commission hesitates to make, because it realises that it would be difficult to satisfy a board of appeal that the proposed appointee is, flt the moment of appointment, the most suitable and efficient, officer available for the appointment.

“Long experience in the work of the department in which the vacancy arises may be given more weight than general administrative ability. In other words, the scales' are heavily. and perhaps unduly, weighed in favour of an officer already in the department. The commission frequently desires to take a longer view for the ultimate benefit of a department and the service, and the legislation as at present gives undue bias towards ‘efficiency and suitability’ at the time the appointment is made. Efficiency of Service “Again, the commission is answerable by law for the efficiency of the public service generally and it is difficult for this responsibility to be met if the right of final appointment to, at any rate, senior positions is not vested in it. Under the existing legislation it would be possible for members of the commission to be unanimous in their selection of an officer for advancement, for one member of the Public Service Appeal Board to agree with the commission and yet for the decision to be upset by the remaining two members of rhe board. “The commission feels that its powers are considerably lettered and that the administration suffers by this restriction.” Tn a later section, under the heading “recommended legislation,’ the report states that for better administration “we have recommended for

consideration” certain changes in the present Act. It suggests that in making senior appointments (say over £BOO annually) a new system be adopted. The present appeal rights are said to be embarrassing to senior appointees displaced after an appointment has been announced and, perhaps, after they have taken up a new position. Consultation With Ministers The commission recommends; — 1 That vacancies be advertised as now and that a selection committee normally be set up to advise on the suitability of the applicants and of other available persons. 2. That where the position to be filled is that of a permanent head or closely related position, the commission have regard to the views of Ministers on the suitability of the proposed appointee. 3. The commission, before announcing the appointment, advise the applicants of the intended appointee and the applicants have the right to make any further representations to the commission. ■4. In the light of such representations and any other facts, the commission to make the final appointment. No appeal to lie against the appointments to senior positions filled in accordance with this procedure, but otherwise the appeal rights to remain as at present. Regarding appointments from outside the public service, the commission suggests that the Act should read: “The commission shall appoint the most efficient and suitable person available, provided that where two or more such persons are equally efficient and suitable . preference amongst such persons will be given to the senior applicant already in the oublic service." The commission recommends the repeal of the section of the 1946 Public Service Amendment Act which savs that the principal Act shall not apply to the Secretary to the Treasury, the Secretary of External Affairs, the permanent head of the Prime Minister’s Department, the Commissioner of Works and the Director of Broadcasting. It is recommended that the persons now holding these positions shall be deemed io be officers of the public service.