Western Australian Current Acts Western Australian Current Acts (1) The office of an
executive officer becomes vacant if —
(a) the
executive officer dies; or
(b) in
the case of a chief executive officer, he or she is removed from office under
section 49; or
(c) his
or her contract of employment is terminated under section 56(3); or
(d) the
executive officer completes a term of office and is not reappointed; or
(e) the
executive officer is dismissed, or retires from office, under this Act; or
(f) the
employment of the executive officer in the Public Sector is terminated under
section 79(3) or under regulations referred to in section 95A; or
(g) the
executive officer resigns his or her office in writing addressed —
(i)
in the case of a chief executive officer, to the
Governor; or
(ii)
in the case of a senior executive officer, to the
employing authority of his or her agency,
and the Governor,
acting on the recommendation of the Commissioner, or that employing authority,
as the case requires, accepts that resignation; or
(h) the
executive officer is appointed or transferred under this Part to another
office (unless it is an appointment and the Commissioner authorises the
offices being held concurrently by the executive officer).
(2) The vacation of an
office under subsection (1)(a), (b), (d), (e), (f) or (g) terminates the
contract of employment of the executive officer concerned.
[Section 63 amended: No. 39 of 2010 s. 50, 67 and
70; No. 8 of 2014 s. 11.]