Western Australian Current Acts Western Australian Current Acts (1) The terms and
conditions of employment of a ministerial officer, other than terms and
conditions relating to —
(a) the
functions of the ministerial officer; or
(b) any
matter for which express provision is made by section 72,
shall be determined by
the Minister on the recommendation of the chief executive officer of the
department principally assisting the Minister in the administration of this
Part.
(2) The terms and
conditions of employment of a ministerial officer that are determined by the
Minister under subsection (1) shall be specified in the relevant contract of
employment.
(3) Without limiting
subsection (1), but subject to subsections (4) and (5), a ministerial officer
whose employment is terminated by section 72(1)(a) or by the Minister under
section 72(2) before the day specified in the relevant contract of employment
as the day on which that employment expires is entitled to such compensation,
if any, as the Minister determines.
(4) The maximum
compensation payable to a person under subsection (3) is an amount equal to
the remuneration to which the person is entitled for the period of one year
ending immediately before his or her employment is terminated.
(5) If the employment
of a ministerial officer is terminated in the manner specified in subsection
(3) but is deemed to have continued, or to continue, until a later day by
virtue of a direction made under section 72(5), the ministerial officer is not
entitled to compensation under subsection (3).
(6) A person to whom
compensation is paid under this section and who is subsequently —
(a)
employed in a public sector body; 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.
(7) If a person who is
required to comply with subsection (6) 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 70 amended: No. 39 of 2010 s. 53 and 70.]