Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2), this Act applies to all departments and authorities.
(2) This Act does not
apply to —
(a)
either House of Parliament, any committee or member of either of those Houses
or a joint committee of both Houses of Parliament; or
(b) any
member of a department of the staff of Parliament referred to in, or an
electorate officer within the meaning of, the Parliamentary and Electorate
Staff (Employment) Act 1992 ; or
(c) the
Clerk or the Deputy Clerk of either House of Parliament; or
(d) the
Supreme Court, a judge or any person acting in the office, or performing the
functions of, a master, the Principal Registrar or a registrar of the Supreme
Court; or
(e) the
District Court, a District Court judge or any person acting in the office, or
performing the functions of, a registrar within the meaning of the
District Court of Western Australia Act 1969 ; or
(f) the
Family Court, a judge or an acting judge of that Court or any person acting in
the office, or performing the functions of, the Principal Registrar, a
registrar or a deputy registrar of that Court; or
(g) the
Magistrates Court, or a magistrate or acting magistrate appointed under the
Magistrates Court Act 2004 , or a justice of the peace when constituting that
Court; or
(ga) the
Children’s Court, or a judge, acting judge, magistrate or acting
magistrate, appointed under the Children’s Court of Western Australia
Act 1988 , or a justice of the peace when constituting that Court; or
(h) the
Liquor Licensing Court 2 , the judge or an acting judge of that Court or any
person acting in the office, or performing the functions of, the registrar of
that Court; or
(i)
any other court of law; or
(j) a
commissioner of any court; or
[(k) deleted]
(ka) the
State Administrative Tribunal, a judicial or non-judicial member of that
Tribunal or any person acting in the office, or performing the functions, of
the executive officer of that Tribunal; or
(l) a
coroner; or
(m) the
Governor, a member of the Governor’s Establishment within the meaning of
the Governor’s Establishment Act 1992 or a person to whom section
6(1)(a) of that Act applies; or
(n) any
department or authority specified in Schedule 1 but if the extent to which
this Act does not apply in respect of a department or authority has been set
out in the item in Schedule 1 relating to that department or authority then
this Act does not apply to that extent.
(3) For the purposes
of this Act, but subject to subsection (5) —
(a)
references to a department or authority shall be construed as including
references to each of the members, officers, and employees thereof; and
(b)
references to an officer of an authority shall be construed —
(i)
as including references to an officer appointed by, or a
person employed or engaged to work in, that authority under any enactment; and
(ii)
in the case of a contractor or subcontractor, as also
including references to an officer of, or a person employed or engaged to work
for, the contractor or subcontractor;
and
(c)
references to a member of an authority shall be construed —
(i)
as including references to the holder of any office
created by an enactment who by virtue of his holding that office is a member
of that authority; and
(ii)
in the case of a contractor or subcontractor, as
including references to each director of the contractor or subcontractor.
(4) For the purposes
of this Act, but subject to subsection (5), the following persons shall be
deemed to constitute the officers and employees of a department, namely
—
(a) the
chief executive officer of the department; and
(b)
public service officers employed in the department; and
(c)
officers appointed by the Governor under the provisions of any Act
administered in that department; and
(d)
officers appointed, and persons employed or engaged, by the Minister of the
Crown administering the department or the chief executive officer of the
department, being either —
(i)
officers or persons who are so appointed, employed or
engaged under any enactment; or
(ii)
officers or persons whose remuneration as such is
defrayed in whole or in part out of moneys provided by Parliament.
(5) A person who is a
ministerial officer for the purposes of section 74(3) of the
Public Sector Management Act 1994 shall not, as such, be regarded for the
purposes of this Act as a member or an officer or employee of a department or
authority.
[Section 13 amended: No. 13 of 1982 s. 9; No. 14
of 1994 s. 19(1); No. 29 of 1996 s. 26; No. 78 of 1996 s. 10 and 21; No. 41 of
1997 s. 34; No. 47 of 1999 s. 25; No. 55 of 2004 s. 1325; No. 59 of 2004 s.
141.]