PUBLIC SECTOR MANAGEMENT ACT 1994

Western Australian Current Acts

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PUBLIC SECTOR MANAGEMENT ACT 1994

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Persons deemed to be CEOs or chief employees
5. Term used: employing authority
6. Crown bound; application of Industrial Relations Act 1979

PART 2 -- Public Sector principles

7. Public administration and management principles
8. Human resource management principles
9. Principles of conduct by public sector bodies etc.

PART 3A -- Public Sector Commissioner

Division 1 -- Public Sector Commissioner

16. Office of Public Sector Commissioner
17. Appointment etc. of Commissioner
18. Vacation of, or suspension from, office of Commissioner
19. Remuneration etc. of Commissioner
20. Miscellaneous provisions as to superannuation and leave of absence

Division 2 -- Functions of Commissioner

21A. General functions
21. Public sector standards, codes of ethics and codes of conduct, establishing etc.
22A. Commissioner’s instructions
22B. Disposition of employees and offices
22C. Reports to Ministers
22D. Annual report
22E. Other reports
22F. Reports under s. 22D or 22E must be laid before Parliament
22G. Powers
22. Commissioner to act independently
23. Delegation by Commissioner

Division 3 -- Reviews, special inquiries and investigations

Subdivision 1 -- Reviews

24A. Terms used
24B. Reviews of operations etc. of public sector bodies
24C. Commissioner may authorise people to perform functions
24D. Powers of Commissioner etc. for purposes of reviews
24E. Consultation required before exercising powers in s. 24D
24F. Privileges of employees in relation to s. 24D powers
24G. Report on review

Subdivision 2 -- Special inquiries

24H. Special inquiries, purpose and arrangement of
24I. Powers of person conducting special inquiry
24J. Procedure and evidence at special inquiries
24K. Reports on special inquiries

Subdivision 3 -- Investigations

24. Commissioner’s powers of investigation

Division 4 -- Acting appointments

28. Acting Commissioner appointed by Governor
29A. Acting Commissioner appointed by Commissioner
29B. Matters relevant to all acting appointments

PART 3B -- Chief executive officers and chief employees

29. Functions of CEOs and chief employees
30. Duties of CEOs and chief employees when performing functions
31. Extent of compliance with public sector standards etc. to be reported
32. CEOs and chief employees to comply with directions etc. of responsible authority
33. Delegation by CEO or chief employee

PART 3 -- Public Service

Division 1 -- General

34. Constitution of Public Service
35. Departments, establishment etc. of
36. Organisational powers of employing authorities of departments etc.
37. Right of appeal as to remuneration of employees of organisations that become part of Public Service
38. Determinations of offices in Special Division for Salaries and Allowances Act 1975 s. 6(1)(d)
39. Retirement of public service officers on grounds of ill health
40. Service of notices etc. when address of public service officer unknown
41. Public service officers appointed by Governor, exercise of powers as to

Division 2 -- Senior Executive Service

42. Purposes of Senior Executive Service
43. Constitution of Senior Executive Service
44. Agencies each to have CEO or chief employee
45. CEOs, appointment of
46. CEOs, reappointment of on expiry of contract
47. CEOs, performance agreements etc. of
49. CEOs, removal of from office
50. CEOs, transfer of
51. Acting CEOs
52. Employment etc. of CEOs cannot be litigated etc.
53. Senior executive officers, appointment of
54. Senior executive officers, transfer of
55. Senior executive officers, performance assessments of
56. Executive officers, contracts of employment of
57. Contracts of employment of executive officers, content of
58. Right of return for certain executive officers
59. Compensation etc. if executive officer has no right of return
60. Election to take compensation instead of right of return
61. Executive officers, secondment of
62. When executive officer ceases to be in Senior Executive Service
63. Vacation of office of executive officer

Division 3 -- Public service officers other than executive officers

64. Appointing officers
65. Transferring officers within and between departments etc.
66. Seconding officers from departments or organisations
67. Vacation of offices

PART 4 -- Assistance for political office holders

Division 1 -- Ministerial officers

68. Employing ministerial officers
69. Functions of ministerial officers
70. Terms and conditions of employment
71. Varying contract of employment
72. Termination of employment
73. Restriction on subsequent employment in departments etc.
74. Relationship between ministerial officers etc. and employees of departments etc.

Division 2 -- Assistance by permanent officers and seconded employees

75. Special offices to assist Ministers etc.

PART 5 -- Substandard performance and disciplinary matters

Division 1 -- General

76. Application and effect of Part
77. Employees appointed by Governor, exercise of powers as to
78. Appeals etc. against some decisions under s. 79, 82A, 82, 87, 88 or

Division 2 -- Substandard performance

79. Substandard performance, definition of and powers as to

Division 3 -- Disciplinary matters

80A. Terms used
80. Breaches of discipline, defined
81. Suspected breach of discipline, employing authority’s options as to
82A. Disciplinary matters, dealing with
82. Suspending employee pending decision on breach of discipline or criminal charge
87. Special disciplinary inquiries
88. Report of special disciplinary inquiry, consequences of
89. Dismissal of CEO for breach of discipline
90. Employing authority to notify employee of outcome of disciplinary matter
91. Fines, payment and recovery of
92. Employee convicted of serious offence, powers as to
93A. Disciplinary action etc., when it can be taken

PART 6 -- Redeployment and redundancy of employees

93. Functions of some employing authorities under s. 94 regulations, performance of
94. Regulations concerning redeployment and redundancy
95A. Termination of employment of registered employees
95B. Inconsistent provisions, instruments and contracts
95. Jurisdiction of Industrial Commission in relation to section 94 decision
96A. Jurisdiction of Industrial Commission in relation to section 95A decision
96B. Review of this Part

PART 7 -- Procedures for seeking relief in respect of breach of public sector standards

96. Application of Part
97. Commissioner’s functions under Part
98. Regulations as to procedure for seeking relief etc.

PART 8 -- Miscellaneous

100. Engaging people by contracts for services and casual employees, powers for
101. Restriction on compensation for early termination of employment
102. Employees not to be employed outside Government etc. without permission
103. Unsuccessful electoral candidates, reappointment of
104. Time between resignation and reappointment not to count as service
105. Members of Parliament etc. not to contact employing authorities etc. about some appointments
106. Protection from personal liability
107. Vacancy etc. in office etc., directing people to act in case of
108A. Delegation by Minister
108. Regulations

PART 9 -- Repeal and transitional provisions

Division 1 -- Public Service Act 1978 repeal and transitional provisions

110. Public Service Act 1978 repealed; transitional (Sch. 5)
111. Transitional provisions related to Part 4 (Sch. 6)
112. Certain words etc. in written laws etc. taken to be amended

Division 2 -- Public Sector Reform Act 2010 Part 2 amendments: transitional provisions

113. Transitional provisions (Sch. 7)

Division 3 -- Public Sector Reform Act 2010 Part 3 amendments: transitional provisions

114. Transitional provisions (Sch. 8)
SCHEDULE 1 -- Entities which are not organisations
SCHEDULE 2 -- Entities which are SES organisations
SCHEDULE 3 -- Provisions applicable to and in relation to special inquirers
SCHEDULE 4 -- Form of declaration
SCHEDULE 5 -- General transitional provisions
SCHEDULE 6 -- Transitional provisions relating to ministerial staff
SCHEDULE 7 -- Public Sector Reform Act 2010 Part 2 amendments: transitional provisions
SCHEDULE 8 -- Public Sector Reform Act 2010 Part 3 amendments: transitional provisions

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