Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT 1995 - SECT 5.39

5.39 .         Contracts for CEO and senior employees

        (1)         Subject to subsection (1a), the employment of a person who is a CEO or a senior employee is to be governed by a written contract in accordance with this section.

        (1a)         Despite subsection (1) —

            (a)         an employee may act in the position of a CEO or a senior employee for a term not exceeding one year without a written contract for the position in which he or she is acting; and

            (b)         a person may be employed by a local government as a senior employee for a term not exceeding 3 months, during any 2 year period, without a written contract.

        (2)         A contract under this section —

            (a)         in the case of an acting or temporary position, cannot be for a term exceeding one year;

            (b)         in every other case, cannot be for a term exceeding 5 years.

        (3)         A contract under this section is of no effect unless —

            (a)         the expiry date is specified in the contract; and

            (b)         there are specified in the contract performance criteria for the purpose of reviewing the person’s performance; and

            (c)         any other matter that has been prescribed as a matter to be included in the contract has been included.

        (4)         A contract under this section is to be renewable and subject to subsection (5), may be varied.

        (5)         A provision in, or condition of, an agreement or arrangement has no effect if it purports to affect the application of any provision of this section.

        (6)         Nothing in subsection (2) or (3)(a) prevents a contract for a period that is within the limits set out in subsection 2(a) or (b) from being terminated within that period on the happening of an event specified in the contract.

        (7)         A CEO is to be paid or provided with such remuneration as is determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A.

        (8)         A local government is to ensure that subsection (7) is complied with in entering into, or renewing, a contract of employment with a CEO.

        [Section 5.39 amended: No. 49 of 2004 s. 46(1)-(3); No. 2 of 2012 s. 13 (correction to reprint: Gazette 28 Mar 2013 p. 1317).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback