Western Australian Current Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 36

36 .         Organisational powers of employing authorities of departments etc.

        (1)         Subject to subsection (2), the employing authority of a department or organisation may, in relation to the department or organisation —

            (a)         determine organisational structures and arrangements; and

            (b)         create, transfer or abolish offices; and

            (c)         in accordance with the Commissioner’s instructions classify, or alter the classification of, offices other than offices included in the Special Division of the Public Service under section 38.

        (2)         Subject to subsection (3), subsection (1) does not apply to the employing authority of an organisation unless the written law under which the organisation is established or continued authorises or requires the appointment or employment of public service officers for the purposes of the organisation.

        (3)         Nothing in subsection (2) prevents the employing authority of an organisation from exercising the powers conferred by subsection (1) in relation to the offices of executive officers within the organisation.

        [Section 36 amended: No. 39 of 2010 s. 36 and 70.]