Note:
The Act was repealed by the Public Sector Employment and Management Act 2002 No 43, sec 165 (1) with effect from 9.9.2002.

An Act to provide that officers in the public service of New South Wales may be nominated and elected to the Legislative Council or Legislative Assembly and that when so elected any such officer shall resign his or her position in the said service; to amend the Constitution Act 1902; and for other purposes.

1   Name of Act

This Act may be cited as the Constitution (Public Service) Amendment Act 1916.

2   Public servants nomination and election as members of Parliament

(1)  Nothing in section 13B of the Constitution Act 1902 shall be deemed to have extended or shall extend to any person otherwise qualified who holds any office of profit in the public service of New South Wales, including the public service of any department or branch of the Government of the said State.

(2)  Any officer in the said public service who is elected a member of the Legislative Council or Legislative Assembly of New South Wales shall forthwith on being declared so elected resign his or her office in the said public service.

3   Salary not to be paid during absence from duty

Any officer in the said public service who is contesting a Parliamentary election shall not be entitled to any salary during the officer’s absence from duty owing to such contest:

Provided that the section shall in no way affect the officer’s right to leave of absence or salary under the Acts and regulations relating to the public service.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Constitution (Public Service) Amendment Act 1916 No 45. Assented to 4.10.1916. This Act has been amended as follows:

Table of amendments

No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1996.