Western Australian Current Acts Western Australian Current Acts (1) The
Public Sector Management Act 1994 does not apply to or in relation to the
appointment of the Electoral Commissioner and the Electoral Commissioner is
not, except as provided in section 4 of that Act, subject to the provisions of
that Act.
(2) The Electoral
Commissioner shall, for the purposes of the
Superannuation and Family Benefits Act 1938 2 , be deemed to be an employee
within the meaning of that Act.
(3) When an officer of
the Public Service is appointed to the office of Electoral Commissioner the
Electoral Commissioner is entitled to retain all their existing and accruing
rights as if their service in the office of Electoral Commissioner were a
continuation of their service as an officer of the Public Service.
(4) When a person
ceases to hold the office of Electoral Commissioner and becomes an officer of
the Public Service the Electoral Commissioner’s service in the office of
Electoral Commissioner must be regarded as service in the Public Service for
the purposes of determining their rights as an officer of the Public Service.
(5) Where the
Electoral Commissioner immediately before appointment to such an office
occupied an office under the Public Sector Management Act 1994 Part 3, the
Electoral Commissioner must, if their term of office expires by effluxion of
time and they are not reappointed, be entitled to be appointed to an office
under Part 3 of that Act, not lower in status than the office which they
occupied immediately prior to appointment as Electoral Commissioner.
(6) Part 3 of the
Public Sector Management Act 1994 does not apply to an Acting Electoral
Commissioner unless, immediately before appointment to that office, they
occupied an office under that Act.
[Section 5E inserted: No. 40 of 1987 s. 20;
amended: No. 32 of 1994 s. 11; No. 42 of 1997 s. 8; No. 30 of 2023 s. 182.]