Western Australian Current Regulations Western Australian Current Regulations (1) A worker who is
appointed under Part 3 of the Public Sector Management Act 1994 and to
whom subsections (2), (3) and (7) do not apply, is taken to work for the
Employer for, within, or for the purposes of, which or whom the worker works.
(2) A worker who is
the holder of an office or position established or continued under a written
law, other than a parliamentarian, is taken to work for the Government of
Western Australia.
(2a) A worker who is a
parliamentarian is taken to work for the Government of Western Australia.
(3) A worker who is
appointed to an office or position by the Governor, a Minister, an Employer or
another worker is taken to work for the Government of Western Australia.
(4) A worker who is
appointed under section 64(1) or 100(2) of the
Public Sector Management Act 1994 is taken to work for the Employer for,
within, or for the purposes of, which or whom the worker works.
(5) A worker who is
appointed under Part I of the Police Act 1892 is taken to work
for —
(a) in
the case of the Commissioner of Police, the Government of Western Australia;
and
(b)
otherwise, the Commissioner of Police.
(6) A worker who is a
member of the Governor’s Establishment (as defined in the
Governor’s Establishment Act 1992 ) is taken to work for the
Governor.
(7) A worker who is a
member of a department of the staff of Parliament referred to in the
Parliamentary and Electorate Staff (Employment) Act 1992 is taken to
work for whichever of —
(a) the
President of the Legislative Council; or
(b) the
Speaker of the Legislative Assembly; or
(c) the
President of the Legislative Council and the Speaker of the Legislative
Assembly acting jointly,
is specified in that
Act as the worker’s employer.
(8) A worker who is
otherwise appointed by the Governor or a Minister under an Act as an officer,
servant or member of staff, of, for, or for the purposes of, an Employer and
to whom subregulations (1) to (7) do not apply, is taken to work for that
Employer.
(9) A worker who is
otherwise employed under a contract of employment to work for, within, or for
the purposes of, an Employer, and to whom subregulations (1) to (8) do not
apply, is taken to work for that Employer.
(10) A worker who is
engaged under a contract for services to provide services to, or for the
purposes of, an Employer where at least 50% of the person’s compensation
under the contract is for the person’s labour, is taken to work for that
Employer.
(11) A worker who is
employed or engaged by a person who is not an Employer but who is seconded to
work for, within, or for the purpose of, an Employer under an agreement that
requires the Employer to provide superannuation for the person is taken to
work for that Employer.
(12) If a worker is on
secondment from one Employer to another, the worker is taken to work for the
Employer to whom he or she is seconded.
[Regulation 8 amended: Gazette 29 Jun 2001
p. 3081-2; 23 Jul 2013 p. 3297.]