Western Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 163

163 .         References to employer

        (1)         A reference in this Act to an employer shall be read and construed in relation to employment in a department within the meaning of the Public Sector Management Act 1994 ⁸ as a reference to the chief executive officer of that department and any thing determined or done with respect to —

            (a)         the offer of any such employment; or

            (b)         the terms and conditions on which any such employment is afforded; or

            (c)         the opportunities afforded for promotion, transfer, training or other benefits associated with any such employment; or

            (d)         dismissal from any such employment,

                or with respect to any other matter concerning employment, by an officer or employee in any such department who is authorised to determine and do things in that respect shall be deemed to have been determined or done by the chief executive officer.

        (2)         A reference in this Act to an employer shall be read and construed in relation to employment in the Police Force of Western Australia as a reference to the Commissioner of Police and anything determined or done with respect to —

            (a)         the offer of any such employment; or

            (b)         the terms and conditions on which any such employment is afforded; or

            (c)         the opportunities afforded for promotion, transfer, training or other benefits associated with any such employment; or

            (d)         dismissal from any such employment,

                or with respect to any other matter concerning employment, by an officer or employee in the Police Department ⁹ or the Police Force of Western Australia who is authorised to determine and do things in that respect shall be deemed to have been determined or done by the Commissioner of Police.

        (3)         The Governor may make regulations providing that a reference in this Act to an employer shall, in relation to employment in an authority specified in the regulations, be read and construed as a reference to the officer or employee of that authority specified in respect of that authority in the regulations and any thing determined or done with respect to —

            (a)         the offer of any such employment; or

            (b)         the terms and conditions on which any such employment is afforded; or

            (c)         the opportunities afforded for promotion, transfer, training or other benefits associated with any such employment; or

            (d)         dismissal from any such employment,

                or with respect to any other matter concerning employment, by an officer or employee in any such authority who is authorised to determine and do things in that respect shall be deemed to have been determined or done by the officer or employee specified in the regulations.

        (4)         In subsection (3), authority means an authority to which Part IX applies other than the Public Service of the State and the Police Force of Western Australia.

        [Section 163 amended: No. 32 of 1994 s. 19.]