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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Infrastructure Western Australia Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Act binds Crown 5
Part 2 -- Infrastructure WA
5. Infrastructure WA established 6
6. Agent of Crown 6
7. Principal objects 6
8. Functions 6
9. Advice and reports may be made publicly available 9
10. Annual work programme 9
11. Powers 9
12. Delegation 10
Part 3 -- Infrastructure strategy and
planning
Division 1 -- State Infrastructure Strategy
13. Preparation and submission to Premier 11
14. Content and preparation 11
15. Acceptance, tabling and publication 12
16. Government response 13
17. Amendment 14
Division 2 -- State Infrastructure Programmes
18. State Infrastructure Programmes 14
Division 3 -- Major infrastructure proposals
19. Infrastructure WA to assess major infrastructure
proposals prior to investment decision 15
118--3 page i
Infrastructure Western Australia Bill 2019
Contents
20. Timing of assessment of major infrastructure
proposals 16
21. Guidelines and summary reports 16
Division 4 -- Obligations of State agencies
22. State agencies to provide information to
Infrastructure WA 17
23. Obligations of State agencies 18
Division 5 -- Implementation of State
Infrastructure Strategy
24. Report on implementation of State Infrastructure
Strategy 19
Part 4 -- Governance and
administration
Division 1 -- The Board
Subdivision 1 -- Board constituted
25. Board is governing body of Infrastructure WA 20
26. Board membership 20
27. Chairperson and deputy chairperson 21
28. Terms and conditions of appointment 21
29. Remuneration and expenses 22
30. Casual vacancies 22
31. Extension of term of office 23
32. Leave of absence 24
33. Alternate members 24
Subdivision 2 -- Board procedures
34. Holding meetings 25
35. Quorum 25
36. Balance of members at meetings 25
37. Presiding members 25
38. Procedure at meetings 25
39. Holding meetings remotely 26
40. Voting 26
41. Resolution without meeting 26
42. Minutes to be kept 26
43. Committees 26
Subdivision 3 -- Disclosure of interests
44. Financial interest in a matter 27
45. Disclosure of material personal interests 27
page ii
Infrastructure Western Australia Bill 2019
Contents
46. Participation by interested members 28
47. Section 46 may be declared inapplicable 29
48. Quorum where section 46 applies 29
Division 2 -- Staff
Subdivision 1 -- CEO
49. CEO 30
50. Appointment of CEO 30
51. Terms and conditions of appointment 31
52. Remuneration 31
53. Casual vacancies 31
54. Disclosure of material personal interests 33
55. Entitlements of public service officer as CEO 33
56. No outside employment 34
57. Acting CEO 34
Subdivision 2 -- Other staff
58. Other staff 34
59. Use of government staff and facilities 35
Division 3 -- Accountability and financial
provisions
60. Premier may give directions 35
61. Premier to have access to information 36
62. Application of Financial Management Act 2006
and Auditor General Act 2006 37
63. Infrastructure WA's funds 37
64. Protection for disclosure or compliance with
directions 37
Part 5 -- General
Division 1 -- Protection of information
65. Confidentiality 38
66. Authorised use or disclosure of information 38
67. Restrictions on disclosure of sensitive information 39
Division 2 -- Miscellaneous
68. Execution of documents 40
69. Protection from liability for wrongdoing 41
70. Making certain things publicly available 41
71. Laying documents before Parliament not sitting 42
72. Regulations 42
73. Review of Act 43
page iii
Infrastructure Western Australia Bill 2019
Contents
Part 6 -- Consequential amendments
to other Acts
74. Constitution Acts Amendment Act 1899 amended 44
75. Financial Management Act 2006 amended 44
76. Planning and Development Act 2005 amended 44
77. Public Sector Management Act 1994 amended 44
Defined terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during Committee of the whole)
Infrastructure Western Australia Bill 2019
A Bill for
An Act --
to establish Infrastructure WA for the principal purpose of
providing advice and assistance to the Government on
matters relating to infrastructure; and
to amend certain other Acts consequentially; and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Infrastructure Western Australia Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Infrastructure Western Australia Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent (assent day);
8 (b) section 8(1)(b) and Part 3 Divisions 2 and 3 -- on a day
9 fixed by proclamation, and different days may be fixed
10 for different provisions;
11 (c) the rest of the Act -- on the day after the period of
12 1 month beginning on assent day.
13 3. Terms used
14 In this Act --
15 appointed Board member means a Board member appointed
16 under section 26(2);
17 Board means Infrastructure WA's Board referred to in
18 section 25;
19 Board member means a member of the Board;
20 CEO has the meaning given in section 49;
21 committee means a committee appointed under section 43;
22 Department of the Premier and Cabinet means the department
23 of the Public Service principally assisting the Premier;
24 employing authority has the meaning given in the Public Sector
25 Management Act 1994 section 3(1);
26 ex-officio Board member means a person who is a Board
27 member under section 26(3);
page 2
Infrastructure Western Australia Bill 2019
Preliminary Part 1
s. 3
1 government employee means any of the following --
2 (a) a person employed in the Public Sector by or under an
3 employing authority;
4 (b) a person who is an employee of a public authority;
5 Government response means a response to the State
6 Infrastructure Strategy prepared by the Premier under
7 section 16;
8 government trading enterprise means any of the following --
9 (a) a body established by the Electricity Corporations
10 Act 2005 section 4(1);
11 (b) a port authority established by the Port Authorities
12 Act 1999 section 4(1);
13 (c) a body established by or under the Water Corporations
14 Act 1995 section 4;
15 (d) the body established by the Western Australian Land
16 Authority Act 1992 section 5(1);
17 (e) a body prescribed for the purposes of this definition;
18 (f) a subsidiary of a body referred to in one of
19 paragraphs (a) to (e);
20 infrastructure includes infrastructure that has, or is intended to
21 have, economic, social or environmental value;
22 Infrastructure Australia means the body established by the
23 Infrastructure Australia Act 2008 (Commonwealth) section 4;
24 major infrastructure proposal means a proposal, for an
25 infrastructure project or for a programme of infrastructure
26 projects, if --
27 (a) the project has or the projects have an estimated capital
28 cost of $100 million or more, or another amount
29 prescribed for the purposes of this paragraph; or
30 (b) the proposal is nominated by the Premier for the
31 purposes of this definition; or
page 3
Infrastructure Western Australia Bill 2019
Part 1 Preliminary
s. 3
1 (c) the project is or the projects are prescribed, or in a class
2 of infrastructure project prescribed, for the purposes of
3 this definition;
4 misconduct, in relation to an office holder, includes conduct
5 that renders the office holder unfit to hold office even though
6 the conduct does not relate to a duty of the office;
7 public authority means any of the following --
8 (a) a Minister of the Crown;
9 (b) an agency or an organisation as those terms are defined
10 in the Public Sector Management Act 1994 section 3(1);
11 (c) a body, whether incorporated or not, or the holder of an
12 office, that is established or continued for a public
13 purpose under a written law and that, under the authority
14 of a written law, performs a statutory function on behalf
15 of the Crown;
16 Public Sector has the meaning given in the Public Sector
17 Management Act 1994 section 3(1);
18 remuneration has the meaning given in the Salaries and
19 Allowances Act 1975 section 4(1);
20 staff member means the CEO or a person referred to in
21 section 57, 58 or 59;
22 State agency means any of the following --
23 (a) an agency as defined in the Financial Management
24 Act 2006 section 3;
25 (b) a government trading enterprise;
26 State Infrastructure Programme means the State Infrastructure
27 Programme in effect under Part 3 Division 2 for the time being;
28 State Infrastructure Strategy means the State Infrastructure
29 Strategy in effect under Part 3 Division 1 for the time being;
30 unable to act, in relation to an office holder, includes, without
31 limitation, that the office holder is on leave, whether extended
32 or not and whether for illness or not.
page 4
Infrastructure Western Australia Bill 2019
Preliminary Part 1
s. 4
1 4. Act binds Crown
2 This Act binds the Crown in right of Western Australia and, so
3 far as the legislative power of the Parliament permits, the Crown
4 in all its other capacities.
page 5
Infrastructure Western Australia Bill 2019
Part 2 Infrastructure WA
s. 5
1 Part 2 -- Infrastructure WA
2 5. Infrastructure WA established
3 (1) Infrastructure WA is established.
4 (2) Infrastructure WA --
5 (a) is a body corporate; and
6 (b) has perpetual succession; and
7 (c) has a common seal; and
8 (d) may sue and be sued in its corporate name.
9 6. Agent of Crown
10 Infrastructure WA is an agent of the Crown and has the status,
11 immunity and privileges of the Crown.
12 7. Principal objects
13 Infrastructure WA's principal objects are --
14 (a) to provide advice and assistance to the Government on
15 matters relating to infrastructure;
16 (b) to assist in enhancing the efficiency and effectiveness of
17 infrastructure planning and coordination;
18 (c) to promote the adoption and use of policies, practices,
19 information and analysis to support sound
20 decision-making in relation to infrastructure.
21 8. Functions
22 (1) Infrastructure WA's functions are --
23 (a) to prepare and submit to the Premier State Infrastructure
24 Strategies, in accordance with Part 3 Division 1;
25 (b) to assess and report to the Premier on major
26 infrastructure proposals, in accordance with Part 3
27 Division 3;
page 6
Infrastructure Western Australia Bill 2019
Infrastructure WA Part 2
s. 8
1 (c) to provide advice and assistance to State agencies in the
2 preparation of infrastructure strategies, plans and
3 policies, including by preparing, at the request of the
4 Premier, strategies, plans and policies on behalf of State
5 agencies;
6 (d) to provide advice to State agencies on the preparation of
7 infrastructure proposals;
8 (e) to review and report to the Premier on infrastructure
9 proposals prior to their submission to Infrastructure
10 Australia;
11 (f) under the direction of the Premier, to coordinate the
12 provision of information and submissions to
13 Infrastructure Australia;
14 (g) to monitor and report on progress in implementing the
15 State Infrastructure Strategy, in accordance with Part 3
16 Division 5;
17 (h) to provide advice to the Premier on --
18 (i) infrastructure priorities;
19 (ii) funding and financing of infrastructure;
20 (iii) any other matter relating to infrastructure;
21 (i) to review and report to the Premier on completed
22 infrastructure projects;
23 (j) to promote public awareness of matters relating to
24 infrastructure;
25 (k) to perform the other functions conferred on
26 Infrastructure WA under this Act;
27 (l) to perform, at the request of the Premier, any other
28 function relating to infrastructure.
page 7
Infrastructure Western Australia Bill 2019
Part 2 Infrastructure WA
s. 8
1 (2) When performing its functions, Infrastructure WA must
2 consider the following --
3 (a) current relevant Government strategies, plans, policies,
4 priorities and forecasts, including --
5 (i) population, economic, financial and
6 environmental forecasts;
7 (ii) land use plans;
8 (iii) strategies, plans and policies relating to the
9 various infrastructure sectors;
10 (iv) any other social, economic or environmental
11 policies;
12 (b) the economic, social and environmental value of
13 infrastructure;
14 (c) the infrastructure needs of the non-metropolitan regions;
15 (d) the needs of a broad range of users of infrastructure;
16 (e) the complete lifecycle of infrastructure;
17 (f) how existing infrastructure can be used more efficiently
18 and effectively;
19 (g) technological advances and trends;
20 (h) social and demographic trends;
21 (i) the financial implications for the Crown (if any) of its
22 advice and recommendations;
23 (j) any other relevant matter.
24 (3) When performing its functions Infrastructure WA is, where
25 relevant, appropriate and practicable, to consult with interested
26 persons, including (without limitation) the Regional
27 Development Commissions, established under the Regional
28 Development Commissions Act 1993, and other persons with
29 knowledge of or an interest in the infrastructure needs of the
30 non-metropolitan regions.
page 8
Infrastructure Western Australia Bill 2019
Infrastructure WA Part 2
s. 9
1 9. Advice and reports may be made publicly available
2 (1) Infrastructure WA may, with the approval of the Premier, make
3 advice or a report prepared in the performance of a function
4 under this Act publicly available.
5 (2) This section does not apply to a report or other thing that must
6 or may be made publicly available under another provision of
7 this Act.
8 10. Annual work programme
9 (1) Infrastructure WA must, in consultation with the Premier,
10 prepare an annual work programme.
11 (2) Each programme must be submitted to the Premier before the
12 beginning of the financial year to which it relates.
13 (3) Each programme must cover the key activities that
14 Infrastructure WA proposes to undertake in the year to which it
15 relates.
16 (4) Infrastructure WA must inform the Premier, in writing, of any
17 key activity that it proposes to undertake in a year that is not
18 covered by the work programme for the year.
19 (5) Infrastructure WA must make its annual work programme
20 publicly available.
21 (6) Infrastructure WA may remove from an annual work
22 programme any information that it considers to be confidential
23 or otherwise not suitable to be made publicly available, prior to
24 making the programme publicly available.
25 11. Powers
26 (1) Infrastructure WA has all the powers it needs to perform its
27 functions.
page 9
Infrastructure Western Australia Bill 2019
Part 2 Infrastructure WA
s. 12
1 (2) Without limiting subsection (1), Infrastructure WA may, for the
2 purpose of performing any of its functions, but subject to any
3 limitation imposed by this Act --
4 (a) enter into a contract or other arrangement, including a
5 contract or arrangement for the provision of services to
6 Infrastructure WA;
7 (b) develop and turn to account any technology, software or
8 other intellectual property that relates to its functions
9 and, for that purpose, apply for, hold, exploit and
10 dispose of any intellectual property;
11 (c) acquire, dispose of and otherwise deal with real or
12 personal property.
13 12. Delegation
14 (1) Infrastructure WA may delegate to a Board member, staff
15 member or government employee any power or duty of
16 Infrastructure WA under another provision of this Act.
17 (2) The delegation must be in writing executed by Infrastructure
18 WA.
19 (3) A person to whom a power or duty is delegated under this
20 section cannot delegate that power or duty.
21 (4) A person exercising or performing a power or duty that has been
22 delegated to the person under this section is taken to do so in
23 accordance with the terms of the delegation unless the contrary
24 is shown.
25 (5) Nothing in this section limits Infrastructure WA's ability to
26 perform a function through an officer or agent.
27 (6) This section does not apply to the execution of documents.
28 Note for this subsection:
29 Authority to execute documents on Infrastructure WA's behalf can be
30 given under section 68.
page 10
Infrastructure Western Australia Bill 2019
Infrastructure strategy and planning Part 3
State Infrastructure Strategy Division 1
s. 13
1 Part 3 -- Infrastructure strategy and planning
2 Division 1 -- State Infrastructure Strategy
3 13. Preparation and submission to Premier
4 (1) Infrastructure WA must, from time to time, prepare and submit
5 to the Premier a State Infrastructure Strategy.
6 (2) Each strategy, other than the first, must be prepared and
7 submitted within 5 years of the previous one having been laid
8 before Parliament under section 15.
9 (3) The Premier may direct that a strategy be prepared and
10 submitted within a lesser period.
11 (4) Prior to submitting a State Infrastructure Strategy to the
12 Premier, Infrastructure WA must make a draft of the proposed
13 strategy publicly available, and undertake public consultation on
14 the proposed strategy.
15 14. Content and preparation
16 (1) Infrastructure WA must include in the State Infrastructure
17 Strategy --
18 (a) the identification of Western Australia's significant
19 infrastructure needs and priorities over at least the next
20 20 years; and
21 (b) the economic, social and environmental objectives
22 against which Western Australia's infrastructure needs
23 were assessed; and
24 (c) recommendations about --
25 (i) significant projects or programmes, or other
26 options, intended to meet those infrastructure
27 needs and priorities; and
28 (ii) funding and financing options, when appropriate,
29 for the projects, programmes and options;
30 and
page 11
Infrastructure Western Australia Bill 2019
Part 3 Infrastructure strategy and planning
Division 1 State Infrastructure Strategy
s. 15
1 (d) the relative priority of the recommendations.
2 (2) When preparing a State Infrastructure Strategy, Infrastructure
3 WA must do the following --
4 (a) assess the current state of infrastructure in Western
5 Australia;
6 (b) identify significant current, and expected future,
7 deficiencies in Western Australia's infrastructure;
8 (c) identify the areas in which those deficiencies are
9 contributing to, or may contribute to, significant
10 economic, social or environmental costs;
11 (d) assess the short, medium and long-term options
12 available to meet Western Australia's infrastructure
13 needs and priorities, including reform of policy, pricing,
14 regulation and technology;
15 (e) consider both investing in new infrastructure and
16 making better use of existing infrastructure;
17 (f) consider the affordability of the recommendations in
18 subsection (1)(c), including by reference to the financial
19 targets set out in the most recently released Government
20 Financial Strategy Statement under the Government
21 Financial Responsibility Act 2000.
22 15. Acceptance, tabling and publication
23 (1) If a State Infrastructure Strategy is submitted to the Premier, the
24 Premier must consider the strategy and, within 60 days of
25 receipt of it, either accept it or return it to Infrastructure WA for
26 further consideration and re-submission to the Premier.
27 (2) The Premier cannot return a strategy to Infrastructure WA more
28 than once.
29 (3) If the Premier returns a strategy to Infrastructure WA --
30 (a) the Premier must provide in writing the Premier's
31 feedback on the strategy; and
page 12
Infrastructure Western Australia Bill 2019
Infrastructure strategy and planning Part 3
State Infrastructure Strategy Division 1
s. 16
1 (b) Infrastructure WA must respond to the feedback, either
2 in the re-submitted strategy or in a separate document.
3 (4) The Premier must, within 28 days of acceptance or
4 re-submission of a strategy, cause the strategy to be --
5 (a) laid before each House of Parliament; and
6 (b) made publicly available.
7 16. Government response
8 (1) The Premier must prepare a response to each State
9 Infrastructure Strategy laid before Parliament.
10 (2) The response must include --
11 (a) an indication of the extent to which each
12 recommendation in the strategy is supported by the
13 Government; and
14 (b) for each recommendation that is not fully supported --
15 reasons why it is not fully supported.
16 (3) The Premier must, within 6 months after the day on which the
17 strategy is laid before Parliament, cause the response to be --
18 (a) laid before each House of Parliament; and
19 (b) made publicly available.
20 (4) For the purposes of subsection (3), the day on which the
21 strategy is laid before Parliament is --
22 (a) the day on which it is laid before both Houses; or
23 (b) if it is laid before the Houses on different days -- the 2nd
24 of those days.
25 (5) The Premier may amend the response at any time after it is laid
26 before Parliament.
27 (6) An amendment cannot have effect until the amended response
28 is --
29 (a) laid before each House of Parliament; and
page 13
Infrastructure Western Australia Bill 2019
Part 3 Infrastructure strategy and planning
Division 2 State Infrastructure Programmes
s. 17
1 (b) made publicly available.
2 17. Amendment
3 (1) Infrastructure WA may, from time to time, prepare and submit
4 to the Premier amendments to the State Infrastructure Strategy.
5 (2) Sections 13(4), 15 and 16 apply with the necessary
6 modifications.
7 Division 2 -- State Infrastructure Programmes
8 18. State Infrastructure Programmes
9 (1) The Premier must, in consultation with the Treasurer, prepare
10 annual State Infrastructure Programmes and make them publicly
11 available.
12 (2) Each State Infrastructure Programme must be made publicly
13 available within 3 months after the day on which the State
14 Budget, for the first of the years to which the programme
15 relates, is presented in the Legislative Assembly.
16 (3) A State Infrastructure Programme must cover a 10-year period
17 and must include --
18 (a) an overview of the Government's proposed significant
19 infrastructure investments for the year to which the
20 Budget relates and the years covered by the forward
21 estimates; and
22 (b) an overview of Western Australia's expected significant
23 infrastructure needs and challenges over the remaining
24 years and, where relevant, options to address them.
25 (4) When preparing a State Infrastructure Programme, the Premier
26 must --
27 (a) take into account the recommendations in the State
28 Infrastructure Strategy, to the extent to which the
29 recommendations are supported by the current
30 Government response; and
page 14
Infrastructure Western Australia Bill 2019
Infrastructure strategy and planning Part 3
Major infrastructure proposals Division 3
s. 19
1 (b) seek Infrastructure WA's advice.
2 (5) The Premier may amend the State Infrastructure Programme
3 and subsections (1) and (4) apply with the necessary
4 modifications.
5 (6) The regulations may provide for the detail of the content of
6 State Infrastructure Programmes.
7 Division 3 -- Major infrastructure proposals
8 19. Infrastructure WA to assess major infrastructure proposals
9 prior to investment decision
10 (1) This section applies to a major infrastructure proposal of a State
11 agency, whether or not --
12 (a) funding for the proposal is or will be sought from the
13 Crown or is to be provided by a State agency; or
14 (b) the proposal is intended to result in the infrastructure
15 being held by the Crown or a State agency; or
16 (c) the proposal is a joint proposal.
17 (2) The major infrastructure proposal must be submitted to
18 Infrastructure WA, and Infrastructure WA's report on the
19 proposal must be received by the Premier, prior to the
20 investment decision for the proposal.
21 (3) In subsection (2) --
22 investment decision, in relation to a proposal of a State agency,
23 means the decision by the Government or the State agency to
24 implement the proposal.
25 (4) Infrastructure WA must assess each proposal submitted to it in
26 accordance with its assessment guidelines, and prepare, and
27 give to the Premier, a report on the proposal and a high-level
28 summary of the report.
29 (5) This section has effect despite any other written law.
page 15
Infrastructure Western Australia Bill 2019
Part 3 Infrastructure strategy and planning
Division 3 Major infrastructure proposals
s. 20
1 (6) However, a failure to comply with this section does not affect
2 the validity of any decision made or other thing done in relation
3 to a proposal.
4 (7) Infrastructure WA may exempt a proposal from the application
5 of this section.
6 20. Timing of assessment of major infrastructure proposals
7 (1) In relation to a major infrastructure proposal to which section 19
8 applies, Infrastructure WA and the State agency must negotiate
9 as to the timeframe for reporting on the proposal.
10 (2) The regulations may deal with timeframes for reporting on
11 major infrastructure proposals under section 19, including by --
12 (a) providing for and in relation to negotiated timeframes;
13 and
14 (b) setting default timeframes.
15 21. Guidelines and summary reports
16 (1) Infrastructure WA must, in consultation with the Premier,
17 prepare guidelines indicating how it will assess major
18 infrastructure proposals.
19 (2) Infrastructure WA must make the guidelines, as they have effect
20 from time to time, publicly available.
21 (3) For each report given to the Premier under section 19, the
22 Premier must make the summary of the report publicly available
23 within 6 months after the day on which the report is given to the
24 Premier.
25 (4) If the Premier does not make the summary publicly available
26 within the 6 months, Infrastructure WA must make the
27 summary publicly available.
page 16
Infrastructure Western Australia Bill 2019
Infrastructure strategy and planning Part 3
Obligations of State agencies Division 4
s. 22
1 Division 4 -- Obligations of State agencies
2 22. State agencies to provide information to Infrastructure WA
3 (1) Infrastructure WA may request a State agency to give it any
4 information it requires for the purposes of performing its
5 functions under this Act.
6 (2) A request must be in writing if the agency requests that.
7 (3) When giving information to Infrastructure WA, a State agency
8 may identify information that, in the opinion of the agency, is
9 the subject of a duty of confidentiality or secrecy or is of a
10 commercially sensitive nature.
11 (4) When identifying information for the purposes of
12 subsection (3), a State agency must --
13 (a) do so in writing; and
14 (b) be as specific as practicable; and
15 (c) give reasons.
16 (5) A State agency is not required to give information if, in the
17 opinion of the agency --
18 (a) the information relates to an investigative, law
19 enforcement or complaints handling function of the
20 agency; or
21 (b) the information is subject to legal professional privilege;
22 or
23 (c) giving the information would be in contempt of court or
24 contravene an order or direction of a person or body
25 acting judicially.
26 (6) A State agency that does not give information in reliance on
27 subsection (5), must give written reasons.
28 (7) If a State agency that is a department of the Public Service has a
29 function or may form an opinion under this section the chief
page 17
Infrastructure Western Australia Bill 2019
Part 3 Infrastructure strategy and planning
Division 4 Obligations of State agencies
s. 23
1 executive officer of the department has the function or may
2 form the opinion.
3 23. Obligations of State agencies
4 (1) A State agency has the following obligations --
5 (a) to cooperate with Infrastructure WA in the performance
6 of Infrastructure WA's functions;
7 (b) to comply in a timely manner with --
8 (i) requests for information under section 22,
9 subject to section 22(5); and
10 (ii) the requirements of section 22(4) and (6), when
11 relevant;
12 (c) to align its strategies, plans and policies with, and
13 implement --
14 (i) the recommendations in the State Infrastructure
15 Strategy that are relevant to the agency, to the
16 extent to which the recommendations are
17 supported by the current Government response;
18 and
19 (ii) the relevant aspects of the State Infrastructure
20 Programme.
21 (2) To the extent to which there is inconsistency between the
22 Government response and the State Infrastructure Programme,
23 the more recent prevails for the purposes of subsection (1)(c).
24 (3) If an obligation that a State agency has under this section
25 conflicts or is inconsistent with an obligation that it has under
26 the Act under which it is established or continued, the obligation
27 under this section prevails to the extent to which the obligations
28 conflict or are inconsistent.
29 (4) If a State agency that is a department of the Public Service has
30 an obligation under this section the chief executive officer of the
31 department has the obligation.
page 18
Infrastructure Western Australia Bill 2019
Infrastructure strategy and planning Part 3
Implementation of State Infrastructure Strategy Division 5
s. 24
1 (5) No civil or criminal liability attaches to a State agency or any
2 other person, and no invalidity arises, only because the agency
3 or person has not complied with an obligation under this
4 section.
5 Division 5 -- Implementation of State Infrastructure Strategy
6 24. Report on implementation of State Infrastructure Strategy
7 (1) Infrastructure WA must, in consultation with relevant State
8 agencies, prepare annual reports on the Government's progress
9 in implementing the recommendations in the State Infrastructure
10 Strategy, taking into account the current Government response
11 and the State Infrastructure Programme.
12 (2) Infrastructure WA must make the reports publicly available.
page 19
Infrastructure Western Australia Bill 2019
Part 4 Governance and administration
Division 1 The Board
s. 25
1 Part 4 -- Governance and administration
2 Division 1 -- The Board
3 Subdivision 1 -- Board constituted
4 25. Board is governing body of Infrastructure WA
5 (1) Infrastructure WA is to have a board.
6 (2) The Board is Infrastructure WA's governing body and, in the
7 name of Infrastructure WA, is to perform its functions.
8 26. Board membership
9 (1) The Board consists of up to 10 members.
10 (2) The Governor may, on the Premier's recommendation, appoint
11 up to 7 members.
12 (3) The following are members of the Board --
13 (a) the chief executive officer of the Department of the
14 Premier and Cabinet;
15 (b) the Under Treasurer (that is, the chief executive officer
16 of the department of the Public Service principally
17 assisting in the administration of the Financial
18 Management Act 2006);
19 (c) the chief executive officer of the department of the
20 Public Service principally assisting in the administration
21 of the Planning and Development Act 2005.
22 (4) The Premier must ensure that the number of Board members
23 who are government employees does not exceed the number of
24 Board members who are not government employees.
25 (5) The Premier must ensure that the Board members have, between
26 them, expertise across a broad range of infrastructure sectors.
27 (6) Before recommending a person who is not a government
28 employee, the Premier must be satisfied that the person has
page 20
Infrastructure Western Australia Bill 2019
Governance and administration Part 4
The Board Division 1
s. 27
1 appropriate expertise in the areas of infrastructure policy,
2 planning, strategy, funding, financing or delivery.
3 (7) A person who is a staff member cannot be appointed as a Board
4 member.
5 (8) A person who is or has been within the preceding 3 years a
6 member of the Parliament of the Commonwealth or any State or
7 Territory cannot be appointed as a Board member.
8 27. Chairperson and deputy chairperson
9 (1) The Governor, on the Premier's recommendation, must
10 designate a Board member to be the chairperson of the Board
11 and another to be the deputy chairperson of the Board.
12 (2) Neither the chairperson nor the deputy chairperson can be a
13 government employee.
14 (3) If the chairperson is unable to act or the position of chairperson
15 is vacant, the deputy chairperson is to act in the chairperson's
16 place.
17 (4) An act or omission of the deputy chairperson acting in the
18 chairperson's place cannot be questioned on the ground that the
19 occasion for acting had not arisen or had ceased.
20 28. Terms and conditions of appointment
21 (1) The chairperson may be appointed on a full-time or part-time
22 basis.
23 (2) An appointed Board member, other than the chairperson, is to
24 be appointed on a part-time basis.
25 (3) An appointed Board member --
26 (a) holds office for the period, not exceeding 5 years,
27 specified in the instrument of appointment; and
28 (b) is eligible for reappointment but cannot hold office for
29 more than 10 consecutive years.
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1 (4) Subject to this Subdivision, an appointed Board member holds
2 office on the terms and conditions of appointment determined
3 by the Premier.
4 29. Remuneration and expenses
5 (1) A Board member who is not a government employee is entitled
6 to the remuneration determined by the Premier from time to
7 time on the recommendation of the Public Sector
8 Commissioner.
9 (2) A Board member may be reimbursed expenses reasonably
10 incurred in the performance of their functions as a Board
11 member, as determined by the Premier from time to time on the
12 recommendation of the Public Sector Commissioner.
13 30. Casual vacancies
14 (1) The office of a Board member becomes vacant if the member --
15 (a) dies, resigns under this section or is removed from office
16 under this section; or
17 (b) is, according to the Interpretation Act 1984 section 13D,
18 a bankrupt or a person whose affairs are under
19 insolvency laws; or
20 (c) is convicted of an offence punishable by imprisonment
21 for more than 12 months; or
22 (d) is convicted of an offence under section 45(1) or (2).
23 (2) An appointed Board member may at any time resign from office
24 by writing signed and given to the Premier.
25 (3) The resignation takes effect on the later of --
26 (a) receipt by the Premier;
27 (b) the day specified in the resignation.
28 (4) The Governor, on the Premier's recommendation, may suspend
29 or remove an appointed Board member from office --
30 (a) on the grounds of --
31 (i) neglect of duty; or
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Governance and administration Part 4
The Board Division 1
s. 31
1 (ii) misconduct or incompetence; or
2 (iii) mental or physical incapacity, other than
3 temporary illness, impairing the performance of
4 the member's duties; or
5 (iv) absence, without leave, from 3 consecutive
6 meetings of the Board of which the member has
7 had notice;
8 or
9 (b) for any other reasonable cause.
10 (5) The Premier may remove an appointed Board member who is a
11 government employee on the grounds of --
12 (a) the member ceasing to be a government employee; or
13 (b) the member commencing to perform functions that are
14 not, in the Premier's opinion, compatible with their
15 functions as a Board member.
16 (6) If a Board member is suspended or removed from office under
17 subsection (4), the Premier must cause a statement of the
18 grounds for suspension or removal to be laid before each House
19 of Parliament within 14 days after the day on which the member
20 was suspended or removed.
21 31. Extension of term of office
22 (1) If the office of a Board member becomes vacant because the
23 member's term of office expires by effluxion of time, the
24 member continues to be a Board member during that vacancy
25 until the earlier of --
26 (a) the end of the period of 6 months immediately following
27 the expiry of the term of office;
28 (b) the vacancy being filled;
29 (c) the member resigning;
30 (d) the member being removed from office under
31 section 30.
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Division 1 The Board
s. 32
1 (2) This section has effect despite the limit in section 28(3)(b).
2 32. Leave of absence
3 (1) The Premier may, on any terms and conditions the Premier
4 considers appropriate, grant the chairperson leave to be absent
5 from office.
6 (2) The chairperson may, on any terms and conditions the
7 chairperson considers appropriate, grant a Board member leave
8 to be absent from office.
9 33. Alternate members
10 (1) If a Board member is unable to act, the Premier may appoint
11 another person as an alternate member to act temporarily in the
12 member's place.
13 (2) Section 26(4) to (8) apply, with the necessary modifications, to
14 the appointment of an alternate member under subsection (1).
15 (3) Subsection (1) does not apply in relation to the chairperson or
16 an ex-officio Board member.
17 (4) If the deputy chairperson is acting in the chairperson's place, the
18 Premier may, under subsection (1), appoint another person as an
19 alternate member to act temporarily in the deputy chairperson's
20 place.
21 (5) While acting in accordance with their appointment, an alternate
22 member is taken to be a Board member and to have the
23 equivalent entitlements (if any) of the Board member in whose
24 place they are acting.
25 (6) An act or omission of an alternate member cannot be questioned
26 on the ground that the occasion for the appointment or acting
27 had not arisen or had ceased.
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The Board Division 1
s. 34
1 Subdivision 2 -- Board procedures
2 34. Holding meetings
3 (1) The first Board meeting is to be convened by the chairperson,
4 and subsequent meetings are to be held at times and places
5 determined by the Board.
6 (2) The Board is to meet at least 4 times a year.
7 (3) A special Board meeting --
8 (a) may be convened by the chairperson at any time; and
9 (b) must be convened by the chairperson if 3 or more Board
10 members request the chairperson to do so.
11 35. Quorum
12 The quorum for a Board meeting is one half of the number of
13 Board members.
14 36. Balance of members at meetings
15 A Board meeting cannot proceed if the number of members
16 present who are government employees exceeds the number of
17 members present who are not government employees.
18 37. Presiding members
19 (1) The chairperson, if present, must preside at a Board meeting.
20 (2) If neither the chairperson, nor the deputy chairperson acting as
21 the chairperson, is presiding under subsection (1), the members
22 present at the meeting are to elect one of their number who is
23 not a government employee to preside.
24 38. Procedure at meetings
25 The Board is to determine its own meeting procedures to the
26 extent that they are not fixed under this Act.
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Infrastructure Western Australia Bill 2019
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Division 1 The Board
s. 39
1 39. Holding meetings remotely
2 The presence of a person at a meeting of the Board need not be
3 by attendance in person but may be by that person and each
4 other person at the meeting being simultaneously in contact by
5 telephone or other means of instantaneous communication.
6 40. Voting
7 (1) Each member present at a Board meeting has a deliberative vote
8 unless section 46 prevents the member from voting.
9 (2) In the case of an equality of votes, the member presiding has a
10 casting vote in addition to a deliberative vote.
11 (3) A question is resolved by a majority of the votes cast.
12 41. Resolution without meeting
13 A resolution in writing signed or otherwise assented to by each
14 Board member has the same effect as if it had been passed at a
15 Board meeting, and must be recorded in the minutes of the
16 Board's next meeting.
17 42. Minutes to be kept
18 (1) The Board must cause accurate minutes to be kept of the
19 proceedings at each of its meetings.
20 (2) Without limiting subsection (1), the minutes are to --
21 (a) record that a member abstained from voting on or voted
22 for or against a resolution if the member so requests; and
23 (b) include a record of attendance.
24 43. Committees
25 (1) The Board may appoint committees to assist it in the
26 performance of its functions, and may alter or discharge any
27 committee so appointed.
28 (2) Subject to the direction of the Board, a committee may
29 determine its own procedures.
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Governance and administration Part 4
The Board Division 1
s. 44
1 (3) A member of a committee who is not a government employee is
2 entitled to the remuneration determined by the Premier from
3 time to time on the recommendation of the Public Sector
4 Commissioner.
5 (4) A member of a committee may be reimbursed expenses
6 reasonably incurred in the performance of their functions as a
7 member of the committee, as determined by the Premier from
8 time to time on the recommendation of the Public Sector
9 Commissioner.
10 Subdivision 3 -- Disclosure of interests
11 44. Financial interest in a matter
12 For the purposes of this Subdivision, a member of the Board or
13 of a committee has a direct or indirect financial interest in a
14 matter if it is reasonable to expect that the matter may, if dealt
15 with by the Board or committee in a particular way, result in a
16 financial gain, loss, benefit or detriment for the member or a
17 person closely associated with the member.
18 45. Disclosure of material personal interests
19 (1) A Board member who has a material personal interest in a
20 matter being considered or about to be considered by the Board
21 must, as soon as possible after the relevant facts have come to
22 the member's knowledge, disclose the nature and extent of the
23 interest at a Board meeting.
24 Penalty for this subsection: a fine of $10 000.
25 (2) A member of a committee who has a material personal interest
26 in a matter being considered or about to be considered by the
27 committee must, as soon as possible after the relevant facts have
28 come to the member's knowledge, disclose the nature and
29 extent of the interest at a committee meeting.
30 Penalty for this subsection: a fine of $10 000.
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Part 4 Governance and administration
Division 1 The Board
s. 46
1 (3) Both subsections (1) and (2) apply to a person who is a member
2 of a committee and also a Board member.
3 (4) If a member of the Board or of a committee has, in the opinion
4 of the person presiding at a meeting of the Board or committee,
5 a material personal interest in a matter being considered or
6 about to be considered by the Board or the committee, the
7 person presiding may call on the member to disclose the nature
8 and extent of the interest and, in default of any such disclosure,
9 may determine that the member has the interest.
10 (5) A disclosure under subsection (1) or (2) or a determination
11 under subsection (4) must be recorded in the minutes of the
12 meeting.
13 (6) Infrastructure WA must keep a record of each disclosure or
14 determination under this section that relates to a direct or
15 indirect financial interest in a matter, and make a summary of
16 the record available, on request, for inspection.
17 (7) Without limiting section 72, the regulations may provide for
18 how the record is to be made available.
19 46. Participation by interested members
20 (1) A member of the Board or of a committee who has, or has been
21 determined under section 45(4) to have, a material personal
22 interest in a matter that is being considered by the Board or
23 committee --
24 (a) must not vote (whether at a meeting or otherwise) on a
25 resolution on the matter; and
26 (b) must not be present (whether in person or remotely)
27 while the matter is being considered at a meeting.
28 (2) A reference in subsection (1)(a) or (b) to a matter includes a
29 reference to a proposed resolution under section 47(1) in respect
30 of the matter, whether relating to that member or a different
31 member.
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The Board Division 1
s. 47
1 47. Section 46 may be declared inapplicable
2 (1) Section 46 does not apply in relation to a member of the Board
3 or of a committee if --
4 (a) the member has disclosed an interest in a matter under
5 section 45(1) or (2) or the person presiding at a meeting
6 of the Board or committee has determined that the
7 member has an interest in a matter under section 45(4);
8 and
9 (b) the Board or committee has at any time passed a
10 resolution that --
11 (i) specifies the member, the interest and the matter;
12 and
13 (ii) states that the members voting for the resolution
14 are satisfied that the interest is not significant
15 enough to be likely to unduly influence the
16 member's conduct in considering or voting on
17 the matter.
18 (2) A resolution cannot be passed under subsection (1)(b) in
19 relation to a member if the interest of the member is a direct or
20 indirect financial interest in the matter.
21 48. Quorum where section 46 applies
22 Despite section 35, if a Board member is unable to act in
23 relation to a matter under section 46, a quorum is present during
24 the consideration of the matter if the number of members
25 present, who are entitled to vote on any motion that may be
26 moved at the meeting in relation to the matter, is --
27 (a) at least the quorum under section 35, less 1; and
28 (b) not less than 3.
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Infrastructure Western Australia Bill 2019
Part 4 Governance and administration
Division 2 Staff
s. 49
1 Division 2 -- Staff
2 Subdivision 1 -- CEO
3 49. CEO
4 (1) Infrastructure WA is to have a chief executive officer (the
5 CEO).
6 (2) The CEO is to administer Infrastructure WA's day-to-day
7 operations, subject to the control of the Board.
8 (3) The CEO is Infrastructure WA's chief employee for the
9 purposes of the Public Sector Management Act 1994.
10 (4) Subsection (3) has effect despite the Public Sector Management
11 Act 1994 section 44(1).
12 (5) The CEO is not, and is not to become, a member of the Senior
13 Executive Service within the meaning of the Public Sector
14 Management Act 1994.
15 (6) The Board is the employer of the CEO for the purposes of
16 paragraph (b) of the definition of employing authority in the
17 Public Sector Management Act 1994 section 5(1).
18 50. Appointment of CEO
19 (1) The CEO is to be appointed by the Governor on the Premier's
20 recommendation.
21 (2) Before making a recommendation for the purposes of
22 subsection (1), the Premier must --
23 (a) consult with the Board; and
24 (b) request the Board to nominate one or more persons for
25 the position of CEO.
26 (3) Nominations are to be given to the Premier for consideration by
27 Cabinet.
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Staff Division 2
s. 51
1 (4) The Premier may make a recommendation for the purposes of
2 subsection (1) whether or not the Board has made a nomination,
3 or a satisfactory nomination, but not before the earlier of --
4 (a) the Board making a nomination;
5 (b) the end of the period of 3 months beginning on the day
6 on which the Premier made the request under
7 subsection (2).
8 (5) The Public Sector Management Act 1994 section 105 does not
9 prevent the Premier and the Board consulting under
10 subsection (2).
11 51. Terms and conditions of appointment
12 (1) The CEO is to be appointed on a full-time basis.
13 (2) The CEO --
14 (a) holds office for the period, not exceeding 5 years,
15 specified in the instrument of appointment; and
16 (b) is eligible for reappointment.
17 (3) Subject to this Subdivision, the CEO holds office on the terms
18 and conditions of appointment determined by the Board.
19 52. Remuneration
20 The CEO is entitled to the remuneration determined by the
21 Salaries and Allowances Tribunal under the Salaries and
22 Allowances Act 1975 and, for the purposes of that Act and any
23 other written law, the office of the CEO is taken to be
24 prescribed under section 6(1)(e) of that Act for the purposes of
25 that section.
26 53. Casual vacancies
27 (1) The office of CEO becomes vacant if the CEO --
28 (a) dies, resigns under this section or is removed from office
29 under this section; or
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Part 4 Governance and administration
Division 2 Staff
s. 53
1 (b) is, according to the Interpretation Act 1984 section 13D,
2 a bankrupt or a person whose affairs are under
3 insolvency laws; or
4 (c) is convicted of an offence punishable by imprisonment
5 for more than 12 months; or
6 (d) is convicted of an offence under section 54(1).
7 (2) The CEO may at any time resign from office by writing signed
8 and given to the chairperson of the Board.
9 (3) The resignation takes effect on the later of --
10 (a) receipt by the chairperson;
11 (b) the day specified in the resignation.
12 (4) The Governor, on the Premier's recommendation, may suspend
13 or remove the CEO from office --
14 (a) on the grounds of --
15 (i) neglect of duty; or
16 (ii) misconduct or incompetence; or
17 (iii) mental or physical incapacity, other than
18 temporary illness, impairing the performance of
19 the CEO's duties;
20 or
21 (b) for any other reasonable cause.
22 (5) Before making a recommendation for the purposes of
23 subsection (4), the Premier must consult with the chairperson of
24 the Board.
25 (6) If the CEO is suspended or removed from office under
26 subsection (4), the Premier must cause a statement of the
27 grounds for suspension or removal to be laid before each House
28 of Parliament within 14 days after the day on which the CEO
29 was suspended or removed.
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Staff Division 2
s. 54
1 (7) The statement in subsection (6) must also include whether the
2 suspension or removal was supported by the chairperson of the
3 Board.
4 54. Disclosure of material personal interests
5 (1) If the CEO has a material personal interest in a matter that
6 relates to Infrastructure WA's affairs, the CEO must, as soon as
7 possible after the relevant facts have come to the CEO's
8 knowledge --
9 (a) disclose the nature and extent of the interest to the
10 Board; and
11 (b) not take action or further action in relation to the matter
12 unless authorised to do so by the Board.
13 Penalty for this subsection: a fine of $10 000.
14 (2) The Board's authorisation may be subject to conditions and
15 restrictions.
16 (3) If the CEO is unable to act in relation to a matter, the Board
17 may appoint another staff member to act in relation to the
18 matter.
19 55. Entitlements of public service officer as CEO
20 (1) If a person occupied an office in the Public Service immediately
21 before being appointed to the office of CEO, the person retains
22 existing and accruing entitlements as if service as the CEO were
23 a continuation of service in the office in the Public Service.
24 (2) If a person ceases to be the CEO and is appointed to an office in
25 the Public Service, the person's service as the CEO is to be
26 regarded as service in the Public Service for the purposes of
27 determining the person's rights as a public service officer.
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Part 4 Governance and administration
Division 2 Staff
s. 56
1 56. No outside employment
2 The CEO must not, without the Board's written approval --
3 (a) engage in paid employment outside the duties of the
4 office of CEO; or
5 (b) actively take part in --
6 (i) the activities of a business; or
7 (ii) the management of a body corporate carrying on
8 business.
9 57. Acting CEO
10 (1) If the CEO is unable to act or the position of CEO is vacant, the
11 Board may appoint a person to act as the CEO.
12 (2) A person cannot act in the office of CEO for a continuous
13 period of more than 12 months.
14 (3) Section 49(5) does not limit who may be appointed to act as the
15 CEO.
16 (4) A person acting as the CEO holds office on the terms and
17 conditions of appointment, including as to remuneration,
18 determined by the Board.
19 (5) The remuneration of a person acting as the CEO cannot exceed
20 that of the holder of the office or, if the position is vacant, the
21 most recent holder of the office.
22 (6) An act or omission of a person acting as the CEO cannot be
23 questioned on the ground that the occasion for the appointment
24 or acting had not arisen or had ceased.
25 Subdivision 2 -- Other staff
26 58. Other staff
27 (1) Public service officers may be appointed under the Public
28 Sector Management Act 1994 Part 3 to enable Infrastructure
29 WA to perform its functions.
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Infrastructure Western Australia Bill 2019
Governance and administration Part 4
Accountability and financial provisions Division 3
s. 59
1 (2) Infrastructure WA may, subject to any relevant written law or
2 any binding award, order or industrial agreement under the
3 Industrial Relations Act 1979, employ or engage and manage
4 staff otherwise than under the Public Sector Management
5 Act 1994 Part 3.
6 (3) This section does not detract from the power that the Public
7 Sector Management Act 1994 section 100 gives Infrastructure
8 WA to engage a person under a contract for services or appoint
9 a person on a casual employment basis.
10 59. Use of government staff and facilities
11 (1) Infrastructure WA may by arrangement with the relevant
12 employing authority make use, either full-time or part-time, of
13 the services of any officer or employee --
14 (a) in a State agency; or
15 (b) otherwise in the service of the Crown.
16 (2) Infrastructure WA may by arrangement make use of a State
17 agency's facilities.
18 (3) An arrangement under subsection (1) or (2) is to be made on
19 terms agreed to by the parties.
20 Division 3 -- Accountability and financial provisions
21 60. Premier may give directions
22 (1) The Premier may give written directions to Infrastructure WA
23 about the performance of its functions, and Infrastructure WA
24 must give effect to the directions.
25 (2) A direction under this section cannot be about the particular
26 performance of a function or relate to the content of any
27 strategy, advice, report, guideline or other document prepared
28 by Infrastructure WA.
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Infrastructure Western Australia Bill 2019
Part 4 Governance and administration
Division 3 Accountability and financial provisions
s. 61
1 (3) The Premier must cause a direction under this section to be laid
2 before each House of Parliament within 14 days after the day on
3 which the direction is given.
4 (4) The text of a direction under this section must be included in
5 Infrastructure WA's annual report under the Financial
6 Management Act 2006 Part 5.
7 61. Premier to have access to information
8 (1) In this section --
9 document includes any tape, disk or other device or medium on
10 which information is recorded or stored mechanically,
11 photographically, electronically or otherwise;
12 information means information specified, or of a description
13 specified, by the Premier that relates to Infrastructure WA's
14 functions.
15 (2) The Premier is entitled --
16 (a) to have information in Infrastructure WA's possession;
17 and
18 (b) if the information is in or on a document, to have, and
19 make and retain copies of, that document.
20 (3) For the purposes of subsection (2), the Premier may --
21 (a) request Infrastructure WA to give information to the
22 Premier; and
23 (b) request Infrastructure WA to give the Premier access to
24 information; and
25 (c) for the purposes of paragraph (b), make use of
26 Infrastructure WA's staff to obtain the information and
27 give it to the Premier.
28 (4) Infrastructure WA must comply with a request under
29 subsection (3) and make staff and facilities available to the
30 Premier for obtaining information under subsection (3)(c).
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Infrastructure Western Australia Bill 2019
Governance and administration Part 4
Accountability and financial provisions Division 3
s. 62
1 62. Application of Financial Management Act 2006 and Auditor
2 General Act 2006
3 The provisions of the Financial Management Act 2006 and the
4 Auditor General Act 2006 regulating the financial
5 administration, audit and reporting of statutory authorities apply
6 to and in relation to Infrastructure WA and its operations.
7 63. Infrastructure WA's funds
8 (1) An account called the Infrastructure WA Account is established
9 for Infrastructure WA.
10 (2) The account is an agency special purpose account under the
11 Financial Management Act 2006 section 16.
12 (3) Money received by Infrastructure WA must be credited to, and
13 money paid by Infrastructure WA must be debited to, the
14 account.
15 (4) The funds available for the purpose of enabling Infrastructure
16 WA to perform its functions consist of money that is lawfully
17 received by, or made available to, Infrastructure WA.
18 64. Protection for disclosure or compliance with directions
19 Infrastructure WA or another person performing a function
20 under this Act is not liable --
21 (a) in respect of any claim arising as a consequence of the
22 disclosure of information or documents under section 61
23 or a duty imposed by the Financial Management
24 Act 2006 or the Auditor General Act 2006; or
25 (b) for the fact of having done or omitted a thing that is
26 required to be done or omitted by a direction given
27 under this Act.
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Infrastructure Western Australia Bill 2019
Part 5 General
Division 1 Protection of information
s. 65
1 Part 5 -- General
2 Division 1 -- Protection of information
3 65. Confidentiality
4 (1) A person must not, directly or indirectly, use or disclose any
5 information obtained by the person because of --
6 (a) the person's office, position, employment or
7 engagement under or for the purposes of this Act; or
8 (b) any disclosure made to the person under or for the
9 purposes of this Act.
10 Penalty for this subsection: a fine of $10 000.
11 (2) Subsection (1) does not apply in relation to the use or disclosure
12 of information that is already in the public domain.
13 (3) A person does not commit an offence under subsection (1) if the
14 use or disclosure of the information is authorised under
15 section 66(1).
16 66. Authorised use or disclosure of information
17 (1) For the purposes of this Act, the use or disclosure of
18 information is authorised if the information is used or disclosed
19 in good faith in any of the following circumstances --
20 (a) for the purpose of, or in connection with, performing a
21 function under this or any other Act;
22 (b) as otherwise authorised or required under or for the
23 purposes of this Act;
24 (c) under another law;
25 (d) to a court or other person or body acting judicially in the
26 course of proceedings before the court, person or body;
27 (e) under an order of a court or other person or body acting
28 judicially;
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Infrastructure Western Australia Bill 2019
General Part 5
Protection of information Division 1
s. 67
1 (f) any other circumstances prescribed for the purposes of
2 this subsection.
3 (2) If the use or disclosure of information is authorised under
4 subsection (1) --
5 (a) no civil or criminal liability is incurred in respect of the
6 use or disclosure; and
7 (b) the use or disclosure is not to be regarded as --
8 (i) a breach of any duty of confidentiality or secrecy
9 imposed by law; or
10 (ii) a breach of professional ethics or standards or
11 any principles of conduct applicable to a
12 person's employment; or
13 (iii) unprofessional conduct.
14 67. Restrictions on disclosure of sensitive information
15 (1) In this section --
16 private sensitive information means sensitive information
17 relating to a person who or that is not a State agency or public
18 authority;
19 sensitive information means information that has been
20 identified under section 22(3) as being the subject of a duty of
21 confidentiality or secrecy or of a commercially sensitive nature.
22 (2) This section qualifies section 66(1)(a) and (b).
23 (3) Infrastructure WA must not make sensitive information publicly
24 available and, without limitation, must not include sensitive
25 information in the following --
26 (a) a State Infrastructure Strategy;
27 (b) a summary of a report given to the Premier under
28 section 19;
29 (c) a report under section 24;
30 (d) advice or other reports or documents that are to be made
31 publicly available.
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Infrastructure Western Australia Bill 2019
Part 5 General
Division 2 Miscellaneous
s. 68
1 (4) The Premier must not make private sensitive information
2 publicly available.
3 (5) This section does not prevent Infrastructure WA or the Premier
4 from making a document from which sensitive information or
5 private sensitive information has been removed publicly
6 available.
7 (6) This section does not apply to the extent to which --
8 (a) the information is already in the public domain; or
9 (b) the information is in a statistical form that could not
10 reasonably be expected to enable it to be related to the
11 person in relation to whom or which the duty is owed or
12 the information is of a commercially sensitive nature; or
13 (c) the disclosure of the information is with the consent of
14 each person to whom or which it relates.
15 Division 2 -- Miscellaneous
16 68. Execution of documents
17 (1) A document is duly executed by Infrastructure WA if --
18 (a) Infrastructure WA's common seal is affixed to it in
19 accordance with subsections (2) and (3); or
20 (b) it is signed on Infrastructure WA's behalf by a person or
21 persons authorised to do so under subsection (4).
22 (2) Infrastructure WA's common seal is not to be affixed to any
23 document except as authorised by Infrastructure WA.
24 (3) Infrastructure WA's common seal is to be affixed to a document
25 in the presence of the chairperson of the Board and another
26 Board member, or the chairperson and the CEO, each of whom
27 must sign the document to attest that the common seal was so
28 affixed.
29 (4) Infrastructure WA may, by writing under its common seal,
30 authorise one or more Board members or one or more staff
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Infrastructure Western Australia Bill 2019
General Part 5
Miscellaneous Division 2
s. 69
1 members to sign documents on Infrastructure WA's behalf,
2 either generally or subject to the conditions or restrictions
3 specified in the authorisation.
4 (5) A document purporting to be executed in accordance with this
5 section must be presumed to be duly executed unless the
6 contrary is shown.
7 (6) When a document is produced bearing a seal purporting to be
8 Infrastructure WA's common seal, it must be presumed that the
9 seal is Infrastructure WA's common seal unless the contrary is
10 shown.
11 69. Protection from liability for wrongdoing
12 (1) No action or claim for damages lies against a person other than
13 Infrastructure WA for anything that the person has done, in
14 good faith, in the performance or purported performance of a
15 function under this Act.
16 (2) The protection given by subsection (1) applies even though the
17 thing done as described in that subsection may have been
18 capable of being done whether or not this Act had been enacted.
19 (3) Despite subsection (1), neither Infrastructure WA nor the Crown
20 is relieved of any liability that it might have for another person
21 having done anything as described in that subsection.
22 (4) In this section, a reference to the doing of anything includes a
23 reference to the omission to do anything.
24 70. Making certain things publicly available
25 A requirement under this Act to make a strategy, response,
26 programme or other thing publicly available may be satisfied by
27 publishing it on a website maintained by or on behalf of the
28 Department of the Premier and Cabinet or Infrastructure WA.
page 41
Infrastructure Western Australia Bill 2019
Part 5 General
Division 2 Miscellaneous
s. 71
1 71. Laying documents before Parliament not sitting
2 (1) If a provision of this Act requires the Premier to cause a
3 document to be laid before a House of Parliament and the House
4 is not sitting, the Premier may give the document to the Clerk of
5 the House.
6 (2) A document given to the Clerk of a House under subsection (1)
7 is taken to have been laid before the House.
8 (3) The laying of a document before a House that is taken to have
9 occurred under subsection (2) must be recorded in the Minutes,
10 or Votes and Proceedings, of the House on the first sitting day
11 of the House after the Clerk receives the document.
12 72. Regulations
13 (1) The Governor may make regulations prescribing all matters that
14 are required or permitted by this Act to be prescribed, or are
15 necessary or convenient to be prescribed for giving effect to the
16 purposes of this Act.
17 (2) The regulations may deal with the following --
18 (a) Infrastructure WA recovering from a State agency --
19 (i) the costs of it assessing and reporting on a major
20 infrastructure proposal of a State agency;
21 (ii) the costs of it preparing, at the request of the
22 Premier, a strategy, plan or policy on behalf of a
23 State agency;
24 (iii) the costs of it providing advice to a State agency
25 on the preparation of an infrastructure proposal;
26 (b) Infrastructure WA's capacity to exempt a major
27 infrastructure proposal from the application of
28 section 19, including by providing for the circumstances
29 in which an exemption may be given and for conditions
30 to be imposed on exemptions;
31 (c) matters relating to consultation to be undertaken by
32 Infrastructure WA, including the extent of consultation;
page 42
Infrastructure Western Australia Bill 2019
General Part 5
Miscellaneous Division 2
s. 73
1 (d) the disclosure of material personal interests for the
2 purposes of Part 4 Division 1 Subdivision 3 or
3 section 54, including by providing for --
4 (i) what is or is not a material personal interest;
5 (ii) who is or is not a person closely associated with
6 a member;
7 (e) matters that are to be included in Infrastructure WA's
8 annual report under the Financial Management Act 2006
9 Part 5 in addition to the requirements under that Act.
10 (3) Regulations made for the purposes of subsection (2)(a) have
11 effect despite anything in the written law under which the
12 agency is established or continued or governed.
13 73. Review of Act
14 (1) The Premier must review the operation and effectiveness of this
15 Act, and prepare a report based on the review --
16 (a) as soon as practicable after the 5th anniversary of the day
17 on which this section comes into operation; and
18 (b) after that, at intervals of not more than 5 years.
19 (2) The obligation under subsection (1) is limited to 3 occasions.
20 (3) The Premier must cause each report to be laid before each
21 House of Parliament as soon as practicable after the report is
22 prepared, but not later than 12 months after the 5th anniversary
23 or the expiry of the period of 5 years (whichever is relevant).
page 43
Infrastructure Western Australia Bill 2019
Part 6 Consequential amendments to other Acts
s. 74
1 Part 6 -- Consequential amendments to other Acts
2 74. Constitution Acts Amendment Act 1899 amended
3 (1) This section amends the Constitution Acts Amendment Act 1899.
4 (2) In Schedule V Part 3 before the item for the board of the
5 Minerals Research Institute of Western Australia insert:
6
7 The board of Infrastructure WA established under the Infrastructure
8 Western Australia Act 2019.
9
10 75. Financial Management Act 2006 amended
11 (1) This section amends the Financial Management Act 2006.
12 (2) In Schedule 1 after the item for the Housing Authority insert:
13
14 Infrastructure WA
15
16 76. Planning and Development Act 2005 amended
17 (1) This section amends the Planning and Development Act 2005.
18 (2) Delete Schedule 2 clause 6.
19 77. Public Sector Management Act 1994 amended
20 (1) This section amends the Public Sector Management Act 1994.
21 (2) In Schedule 2 before item 19A insert:
22
19 Infrastructure WA, established under the Infrastructure Western
Australia Act 2019
23
24
page 44
Infrastructure Western Australia Bill 2019
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
appointed Board member ...................................................................................... 3
assent day .............................................................................................................. 2
Board..................................................................................................................... 3
Board member.......................................................................................................3
CEO ...................................................................................................................... 3
committee ............................................................................................................. 3
Department of the Premier and Cabinet ................................................................ 3
document........................................................................................................ 61(1)
employing authority .............................................................................................. 3
ex-officio Board member ...................................................................................... 3
government employee ........................................................................................... 3
Government response............................................................................................ 3
government trading enterprise .............................................................................. 3
information..................................................................................................... 61(1)
infrastructure .........................................................................................................3
Infrastructure Australia ......................................................................................... 3
investment decision ........................................................................................ 19(3)
major infrastructure proposal ................................................................................ 3
misconduct ............................................................................................................ 3
private sensitive information .......................................................................... 67(1)
public authority .....................................................................................................3
Public Sector .........................................................................................................3
remuneration .........................................................................................................3
sensitive information ...................................................................................... 67(1)
staff member .........................................................................................................3
State agency ..........................................................................................................3
State Infrastructure Programme ............................................................................ 3
State Infrastructure Strategy ................................................................................. 3
unable to act ..........................................................................................................3
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