Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a person —
(a) who
ceases to be an executive officer, otherwise than by reason of —
(i)
a declaration made under section 43(3) or repealed under
section 43(4); or
(ii)
termination of employment in the Public Sector, or
dismissal, under this Act for substandard performance or breach of discipline,
before his or her
contract of employment expires by effluxion of time; and
(b) who
does not have a right of return within the meaning of section 58.
(2) A person to whom
this section applies is entitled to such compensation, if any, as the
Commissioner determines by reference to the remuneration to which that person
is entitled for a particular period ending immediately before the day referred
to in subsection (3).
(3) The maximum
compensation payable to a person under this section is an amount equal to the
remuneration to which the person is entitled for the period of one year ending
immediately before the day on which the person ceased to be an executive
officer in the manner specified in subsection (1)(a).
(4) A person to whom
compensation is paid under this section and who is subsequently —
(a)
employed in a department or organisation; or
(b)
engaged by an employing authority under a contract for services, whether under
section 100(1) or another written law,
before the expiry of
such period commencing on the payment of the compensation as is prescribed in
relation to the amount of the compensation shall forthwith refund to the
Treasurer of the State an amount that bears to the amount of the compensation
the same proportion as the unexpired portion of that period bears to that
period.
(5) If a person who is
required to comply with subsection (4) does not do so, the amount unrefunded
may be recovered in a court of competent jurisdiction at the suit of the
Treasurer of the State as a civil debt owed by that person to the State.
[Section 59 amended: No. 39 of 2010 s. 67 and 70.]