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Crown Employees (School Psychologists - Department of Education) Salaries Award 2022
  
Date06/09/2023
Volume394
Part4
Page No.636
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C9647
CategoryAward
Award Code 1938  
Date Posted06/09/2023

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(1938)

SERIAL C9647

 

Crown Employees (SCHOOL PSYCHOLOGISTS – DEPARTMENT OF Education) SALARIES Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Education.

 

(Case No. 356548 of 2023)

 

Before Chief Commissioner Constant

6 June 2023

Commissioner Sloan

 

Commissioner Webster

 

 

AWARD

 

PART A

 

Arrangement

 

Clause No.        Subject Matter

 

1.           Title

2.           Purpose of this Award

3.        Definitions

4.        Salaries

5.        Salary Packaging Arrangements, including Salary Sacrifice to Superannuation

6.        Conditions of Employment

7.        Qualifications

8.        Professional Practice Framework

9.        Performance and Development

10.      Grievance and Dispute Settlement Procedure

11.      No Extra Claims

12.      Anti-Discrimination

13.      Area, Incidence and Duration

 

PART B - SALARIES

 

Table 1 - School Psychologist Salaries

Table 2 - Senior Psychologist Education and Leader, Psychology Practice            Salaries

Table 3 - Rates of Pay – Casual School Psychologists and Casual Senior Psychologists Education

 

1.  Title

 

1.1      This award will be known as the Crown Employees (School Psychologists – Department of Education) Salaries Award.

 

2.  Purpose of This Award

 

2.1      This award establishes the rates of pay, salary progression and industrial instruments governing the conditions of employment for School Psychologists, Senior Psychologists Education and Leaders, Psychology Practice.

 

 

3.  Definitions

 

3.1      "Act" means the Government Sector Employment Act 2013 (NSW).

 

3.2      “Advanced Certification” means certification at the advanced capability stage of the Professional Practice Framework.

 

3.3      “AHPRA” means the Australian Health Practitioner Regulation Agency, the national organisation responsible for implementing the National Registration and Accreditation Scheme across Australia in partnership with the national boards for each health profession.

 

3.4      “Annual Performance and Development Plan” means the process by which employees covered by this award will identify, implement and review goals in accordance with the applicable capability stage of the Professional Practice Framework.

 

3.5      "Association” means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.6      “Casual Employee” means an employee employed to carry out irregular, intermittent, short-term, urgent or other work as and when required.

 

3.7      “Department” means the New South Wales Department of Education.

 

3.8      “Employee” means any person employed as a School Psychologist, Senior Psychologist Education or Leader, Psychology Practice, in accordance with the Act in ongoing, temporary or casual employment.

 

3.9      “Established Certification” means certification at the established capability stage of the Professional Practice Framework.

 

3.10    “Industrial Relations Commission” means the Industrial Relations Commission of New South Wales established by the Industrial Relations Act 1996 (NSW).

 

3.11    “Industrial Relations Secretary” means the Industrial Relations Secretary, as established under the Act.

 

3.12    “Leader, Psychology Practice” means a person appointed to lead a team of Senior Psychologists, Education to implement professional practices consistent with the standards of the Department and the Psychology Board of Australia.  The Leader, Psychology Practice develops and implements strategies to enhance psychology services in schools, including professional development and support for the school counselling workforce.

 

3.13    “Ongoing Employee” means an employee whose employment continues until the employee resigns or his or her employment is terminated.

 

3.14    “Parties” means the Secretary of the Department of Education and the Association.

 

3.15    “Professional Practice Framework” means the Department’s School Counselling Service core capabilities practice requirements for School Psychologists working in the school environment to guide         professional practice and growth throughout their careers.

 

3.16    “The Board” or “Psychology Board” means the Psychology Board of Australia or successor organisation, responsible for registering psychologists and provisional psychologists, developing standards, codes and guidelines for the psychology profession

 

3.17    “Relevant experience in a psychologist role” means all experience in a psychologist role that is relevant to the role of school psychologist, as determined by the Secretary, or their delegate, in their sole discretion.

 

3.18    “School” means a Department school where instruction is provided by the Department and includes any place designated as part of, or as an annex to, such school.

 

3.19    “School Psychologist” means a person employed as such, in a School by the Secretary under the Act.  School Psychologists provide specialised psychological assessment, counselling and intervention services to strengthen learning and wellbeing outcomes for students.

 

3.20    "Secretary" means the Secretary of the New South Wales Department of Education.

 

3.21    “Senior Psychologist Education” means a person employed under the Act to provide professional leadership and clinical/professional practice supervision to School Psychologists and professional leadership in the delivery of psychological services to school communities.

 

3.22    “Temporary Employee” means an employee employed on a temporary basis to carry out work for a specified period.

 

3.23    The School Counselling Service” means the psychological service provided within Schools by suitably qualified staff, contributing appropriate school-based support for the mental health and wellbeing of students - including but not limited to, counselling, and cognitive, emotional and behavioural assessments and evidence-based interventions. The School Counselling Service includes staff working within Department schools as a School Counsellor, School Psychologist, Senior Psychologist Education, District Guidance Officer, Leader, Psychology Practice and staff working in executive and corporate roles whose core business relates to the School Counselling Service.

 

4.  Salaries

 

School Psychologists

 

4.1      Salaries and rates of pay for School Psychologists are set out in Part B - Salaries, Table 1 and Table 3 of this award.  In addition to the salary increase of 2.04% already paid by way of determination under s.52 (1) of the Act, from the first full pay period on or after 1 January 2022, salaries under Part B - Salaries Table 1 and Table 3 will be increased by:

 

4.1.1   0.25% from the first full pay period commencing on or after 1 July 2022; and

 

4.1.2   2.53% from the first full pay period commencing on or after 1 January 2023.

 

4.2      The annual salary for School Psychologists will be in accordance with the School Psychologist’s level of Registration with the Psychology Board on commencement of employment.

 

4.2.1   A School Psychologist with Provisional Registration with the Psychology Board will commence on Band 1.

 

4.2.2   Unless clauses 4.2.3 to 4.2.5 apply, a School Psychologist with General Registration with the Psychology Board will commence employment with the Department on Band 2.0.

 

4.2.3   A School Psychologist with General Registration with the Psychology Board and at least two years’, but less than three years’, relevant experience in a psychologist role with General Registration will commence on Band 2.1.

 

4.2.4   A School Psychologist with General Registration with the Psychology Board and at least three years’, but less than four years’, relevant experience in a psychologist role with General Registration will commence on Band 2.2.

 

4.2.5   A School Psychologist with General Registration with the Psychology Board and at least four years’ relevant experience in a psychologist role with General Registration will commence on Band 2.3.

 

4.2.6   When making an offer of employment to a prospective Employee, the Department must inform them of the terms of this clause 4 and give the prospective Employee an opportunity to put forward any information that they wish the Secretary to consider in determining whether the prospective Employee should commence employment on a band higher than Band 2.0.

 

Senior Psychologists Education and Leaders, Psychology Practice

 

4.3      Salaries and rates of pay for Senior Psychologists Education are set out in accordance with Part B - Salaries, Table 2 and Table 3 of this award.  In addition to the salary increase of 2.04% already paid by way of determination under s.52 (1) of the Act, from the first full pay period on or after 1 January 2022, salaries under Part B – Salaries, Table 2 and Table 3 will be increased by:

 

4.3.1   0.25% from the first full pay period commencing on or after 1 July 2022; and

 

4.3.2   2.53% from the first full pay period commencing on or after 1 January 2023.

 

4.4      Salaries for Leaders, Psychology Practice are set out in accordance with Part B – Salaries, Table 2 of this award.

 

Salary Progression and Maintenance

 

4.5      Salary progression from Band 1 to Band 2.0 will take effect from the first full pay period after the completion of a minimum of 12 months service, attainment of General Registration with the Psychology Board and subject to the satisfactory performance of duties via an Annual Performance and Development Plan. 

 

4.5.1.  For those School Psychologists who have 12 months of service at Band 1 but do not have General Registration with the Psychology Board, progression from Band 1 to Band 2.0 will take effect from the first pay period after the School Psychologist attains General Registration with the Psychology Board and subject to the satisfactory performance of duties via an Annual Performance and Development Plan (including goals consistent with working towards the attainment of Established Certification).

 

4.6      Salary progression from Band 2.0 to 2.1 will take effect from the first full pay period after the completion of 24 months service at Band 2.0 for those School Psychologists who continue to meet the requirements of General Registration with the Psychology Board and subject to the satisfactory performance of duties via an Annual Performance and Development Plan (including goals consistent with the attainment of Established Certification).

 

4.7      Salary progression from Band 2.1 to 2.2 and from 2.2 to 2.3 will take effect from the first full pay period after the completion of 12 months service for those School Psychologists who continue to meet the requirements of General Registration with the Psychology Board and subject to the satisfactory performance of their duties via an Annual Performance and Development Plan (including goals consistent with the maintenance of Established Certification). 

 

4.8      Salary progression from Band 2.3 to Band 3 will take effect from the first full pay period after confirmation of Advanced Certification and General Registration by the Psychology Board for School Psychologists who have been remunerated at Band 2.3 for a minimum of 12 months service and subject to satisfactory performance of duties via the Annual Performance and Development Plan (including goals consistent with the maintenance of Established Certification). For those School Psychologists who have Advanced Certification and General Registration with the Psychology Board but do not have 12 months service at Band 2.3, progression from Band 2.3 to Band 3 will, subject to satisfactory performance of duties via the Annual Performance and Development Plan, take effect from the first full pay period after the completion of 12 months service at Band 2.3.

 

4.9      Payment of salaries under this clause is conditional upon a School Psychologist maintaining the appropriate level of registration with the Psychology Board in accordance with AHPRA regulations and Established Certification and Advanced Certification (where relevant).

 

4.10    Where delays to the completion of the Annual Performance and Development Plan process occurs, subject to compliance with all other requirements of clauses 4.5 to 4.8, a School Psychologist will be entitled to progress to the subsequent salary band effective from the original increment date, including backpay as necessary, on confirmation of satisfactory performance.

 

4.11    Where performance concerns are identified as part of the Annual Performance and Development Plan, the increment of a School Psychologist may be deferred.  Subject to the compliance with the requirements of clauses 4.5 to 4.8, the payment of a previously deferred increment will be made from the date the Department deems the performance of the School Psychologist to be satisfactory. Where the unsatisfactory service occurred:

 

4.11.1 within the first 3 years of employment, the original increment date will be retained.

 

4.11.2 after 3 years employment, all future incremental dates will be varied by the period of the deferment.

 

5.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

5.1      The entitlement to salary package in accordance with this clause is available to:

 

5.1.1   ongoing full-time and part-time employees;

 

5.1.2   temporary employees, subject to the Department’s convenience; and

 

5.1.3   casual employees, subject to the Department’s convenience, and limited to salary sacrifice to superannuation in accordance with subclause 5.7.

 

5.2      For the purposes of this clause:

 

5.2.1   "salary" means the salary or rate of pay prescribed for the employee's classification by Part B – Salaries of this award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

5.2.2   "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

5.3      By mutual agreement with the Secretary, an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

5.3.1   a benefit or benefits selected from those approved by the Secretary; and

 

5.3.2   an amount equal to the difference between the employee’s salary, and the amount specified by the Secretary for the benefit provided to or in respect of the employee in accordance with such agreement.

 

5.4      An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

5.5      The agreement will be known as a Salary Packaging Agreement.

 

5.6      Except in accordance with subclause 5.7, a Salary Packaging Agreement must be recorded in writing and must be for a period of time as mutually agreed between the employee and the Secretary at the time of signing the Salary Packaging Agreement.

 

5.7      Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

5.7.1   paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

5.7.2   where the employer is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

5.7.3   subject to the Department’s agreement, paid into another complying superannuation fund.

 

5.8      Where the employee makes an election to salary sacrifice, the employer must pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

5.9      Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

a)        Police Regulation (Superannuation) Act 1906 (NSW);

 

b)        Superannuation Act 1916 (NSW);

 

c)        State Authorities Superannuation Act 1987 (NSW); or

 

d)        State Authorities Non-contributory Superannuation Act 1987 (NSW),

 

the Department must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

5.10    Where the employee makes an election to salary package, and where the employee is a member of a superannuation fund other than a fund established under legislation listed in subclause 5.9 of this clause, the Department must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into. This clause applies even though the superannuation contributions made by the Department may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

5.11    Where the employee makes an election to salary package:

 

5.11.1 subject to Australian Taxation law, the amount salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

5.11.2 any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the employee’s rate of pay, is calculated by reference to the rate of pay which would have applied to the employee under clause 3, Salaries, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

5.12    The Secretary may vary the range and type of benefits available from time to time following discussion with the Association. Such variations apply to any existing or future Salary Packaging Agreement from date of such variation.

 

5.13    The Secretary will determine from time to time the value of the benefits provided following discussion with the Association. Such variations apply to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

6.  Conditions of Employment

 

6.1      General Conditions

 

The employees covered by this award are entitled to the conditions of employment as provided for under the Act, Government Sector Employment Regulation 2014 (NSW) and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced. To the extent of any inconsistency between the employment conditions found in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and this award, the employment conditions in this award apply.

 

6.2      Professional Supervision

 

6.2.1   Provisional School Psychologists who have been funded to complete a Department Scholarship will be provided by the Department with professional supervision by a Board-approved supervisor, employed or endorsed by the Department in accordance with the requirements of the Psychology Board guidelines and AHPRA regulations to achieve their registration.

 

6.22    Provisional School Psychologists who enter the service without a scholarship will have access to a principal and/or secondary Board-approved supervisor(s) to complete their registration requirements.

 

6.2.3   All School Psychologists’ classifications will be provided by the Department with professional supervision by their professional practice supervisor within the School Counselling Service in order to maintain competence in their psychological practice through ongoing professional supervision in accordance with the requirements of the Psychology Board guidelines and AHPRA regulations.

 

7.  Qualifications

 

7.1      Qualifications for School Psychologists will be those determined necessary to achieve General Registration with the Psychology Board, in accordance with AHPRA regulations

 

7.1.1   To become eligible for General Registration, the minimum qualification required is completion of a six-year sequence of Board-approved accredited of education and training, known as an internship pathway. This could include a minimum of four years of study in Psychology followed by a two-year Board-approved supervised practice program undertaken while registered as a Provisional Psychologist; or five years of study in Psychology followed by one-year Board-approved supervised practice program undertaken while registered as a Provisional Psychologist.

 

7.1.2   Those completing one of the internship pathways outlined in clause 7.1.1 must pass the National Psychology Exam before applying for General Registration.

 

7.1.3   Alternatively a higher degree pathway to General Registration is available. Completion of an approved postgraduate degree in Psychology, accredited at the fifth or sixth-year level, such as a Masters or Doctorate will mean eligibility to apply for General Registration.

 

8.  Professional Practice Framework

 

8.1      The Professional Practice Framework applies to all Employees.

 

8.2      Any changes to the existing Professional Practice Framework or the development of a new framework will be the subject of consultation between the parties.

 

9.  Performance and Development

 

9.1      Performance and development processes applicable to School Psychologists will consist of completion of an Annual Performance and Development Plan developed every 12 months in accordance with the Professional Practice Framework.

 

9.2      School Psychologists must have appropriate and equitable access to professional training, education and conference attendance relevant to both the Department and employee in order that they maintain competence through ongoing professional development in accordance with Psychology Board guidelines. The Department must not unreasonably refuse requests by psychologists to attend relevant training, education and conferences. Attendance of approved training, education and conferences must be in accordance with Section 7 – Training and Professional Development of the Crown Employees (Public Service Conditions of Employment) reviewed Award 2009 as amended from time to time. 

 

10.  Grievance and Dispute Settlement Procedure

 

10.1    All grievances and disputes relating to the provisions of this Award must initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate agency, if required.

 

10.2    An employee is required to notify in writing their immediate manager, as to the substance of the dispute or difficulty, request a meeting to discuss the matter and, if possible, state the remedy sought.

 

10.3    Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977 (NSW)) that makes it impractical for the employee to advise their immediate manager, the notification may occur to the next appropriate level of management, including, where required, to the Secretary or Delegate.

 

10.4    The immediate manager, or other appropriate officer, must convene a meeting in order to resolve the dispute or difficulty within two (2) days, or as soon as practicable, of the matter being brought to attention.

 

10.5    If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the dispute. This manager must respond within two (2) days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the employee until the matter is referred to the Secretary or Delegate.

 

10.6    The Secretary may refer the matter to the Industrial Relations Secretary for consideration.

 

10.7    In the event that the matter remains unresolved, the Secretary must provide a written response to the employee and any other party involved in the dispute or difficulty, concerning action to be taken, or the reasons for not taking action, in relation to the matter.

 

10.8    An employee, at any stage, may request to be represented by an Association representative.

 

10.9    The employee or the Association on their behalf or the Secretary may refer the matter to the Industrial Relations Commission of New South Wales if the matter is unresolved following the use of these procedures.

 

10.10  The employee, Association, Department and Secretary must agree to be bound by any recommendation, order or determination by the Industrial Relations Commission of New South Wales in relation to the dispute.

 

10.11  Whilst the procedures outlined in (10.2) to (10.10) are being followed, normal work undertaken prior to notification of the grievance or dispute must continue unless otherwise agreed between the parties, or, in the case involving Occupational Health and Safety, if practicable, normal work must proceed in such a manner to avoid any risk to the health and safety of any employee or member of the public.

 

11.  No Extra Claims

 

11.1    Other than as provided for in the Industrial Relations Act 1996 (NSW) and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW), there are to be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced salaries, rates of pay, allowances or conditions of employment with respect to the employees covered by the award that take effect prior to 31 December 2023 by a party to this award.

 

12.  Anti-Discrimination

 

12.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

12.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed in clause 9 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or successor, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

12.3    Under the Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

12.4    Nothing in this clause is to be taken to affect:

 

12.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;

 

12.4.2 offering or providing junior rates of pay to persons under 21 years of age;

 

12.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW); and

 

12.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

12.5    This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

13.  Area, Incidence and Duration

 

13.1    This award covers all School Psychologists, Senior Psychologists Education and Leaders, Psychology Practice employed by the Department under the Act.

 

13.2    This award commences on and from 1 January 2022 and remains in force until 31 December 2023.

 

PART B

 

SALARIES

 

Table 1 – School Psychologist Salaries

 

Band

Reference Only Salary from the first pay period to commence on or after 1.1.2022 *

$

Salary from the first pay period to commence on or after 1.7.2022

$

Salary from the first pay period to commence on or after 1.1.2023

$

 

2.04%

0.25%

2.53%

Band 1

 

 

 

 

73,737

73,921

75,791

 

Band 2.0

88,935

89,157

91,413

 

 

 

 

Band 2.1

96,531

96,772

99,220

Band 2.2

100,336

100,587

103,132

Band 2.3

109,978

110,253

113,042

Band 3

117,060

117,353

120,322

 

*  Explanatory Note

 

Prior to the application by the parties for the making of this award, salaries for the classifications of School Psychologist and Senior Psychologist Education were paid under determinations made pursuant to the provisions of s. 52(1) of the Act. These determinations covered the period from 2016 when school psychologists were first employed in the Department to December 2022.

 

Table 2 - Senior Psychologists Education and Leaders, Psychology Practice Salaries

 

Classification

Reference Only Salary from the first pay period to commence on or after 1.1.2022

$

Salary from the first pay period to commence on or after 1.7.2022

$

Salary from the first pay period to commence on or after 1.1.2023

$

 

2.04%

0.25%

2.53%

Senior Psychologist Education

126,568*

126,884

130,094

Leader, Psychology Practice

147,776**

148,145

151,893

 

*  See explanatory note under Table 1

 

**  Leader, Psychology Practice

 

The classification of Leader, Psychology Practice was not included in the determinations made under s.52(1). The salary rate for the classification of Leader, Psychology Practice for staff employed under this Award is based on the salary of Leader, Psychology Practice for staff employed under the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award.

 

Table 3

 

Hourly Rates of Pay – Casual School Psychologists and Senior Psychologists Education

 

Classification

Reference Only Salary from the first pay period to commence on or after

1.1.2022*

$ Per hour

Salary from the first pay period to commence on or after 1.7.2022

$ Per hour

Salary from the first pay period to commence on or after 1.1.2023

$ Per hour

 

2.04%

0.25%

2.53%

School Psychologist

 

 

 

Band 1

63.26

 63.42

65.02

Band 2

75.02

75.21

77.11

Senior Psychologist Education

86.35

86.57

88.76

 

*  See explanatory note under Table 1

 

 

 

N. CONSTANT, Chief Commissioner

D. SLOAN, Commissioner

J. WEBSTER, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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