Western Australian Consolidated Acts

HEALTH SERVICES (CONCILIATION AND REVIEW) ACT 1995 - SCHEDULE 2

[Section 8]

Tenure, salary, conditions of service, etc., of Director

1 .         Tenure of office

        (1)         Subject to this Act, the Director holds office for a term, not exceeding 5 years, fixed by the instrument of appointment, and is eligible for re-appointment once or more than once.

        (2)         The Director may resign his or her office by writing signed and delivered to the Governor.

2 .         Salary and entitlements

                Subject to the Salaries and Allowances Act 1975 , the Director — 

            (a)         is to be paid salary and allowances at such rates per annum as the Minister determines on the recommendation of the Minister for Public Sector Management; and

            (b)         has the same annual leave, sick leave and long service leave entitlements as a permanent officer of the Public Service.

3 .         Superannuation

        (1)         If a person was a contributor within the meaning of the Superannuation and Family Benefits Act 1938  ² immediately before being appointed as Director, the person may continue to be a contributor under that Act after being appointed.

        (2)         For the purposes of subclause (1) the Office — 

            (a)         is a department within the meaning of the Superannuation and Family Benefits Act 1938  ² ; and

            (b)         is to pay to the Board under that Act payments of the kind described in paragraph (i) of the proviso to the definition of “department” in section 6 of that Act.

4 .         Appointment of public service officer

        (1)         If a person occupied an office in the Public Service immediately before being appointed to the office of Director — 

            (a)         the person retains existing and accruing entitlements in respect of leave of absence as if service as Director were a continuation of service in the office in the Public Service; and

            (b)         the person is entitled to be appointed to an office in the Public Service, not lower in classification and salary than the office which the person occupied if — 

                  (i)         the person ceases to hold office as Director on the completion of a periodical appointment; and

                  (ii)         at that time the person is eligible to occupy an office in the Public Service.

        (2)         Where a person is appointed to an office in the Public Service under subclause (1)(b) the person retains existing and accruing leave entitlements as if service in the Public Service were a continuation of service in the office of Director.

5 .         Removal from office

        (1)         The Governor may remove the Director from office — 

            (a)         for — 

                  (i)         misbehaviour or incompetence; or

                  (ii)         physical or mental incapacity, other than temporary illness, impairing the performance of the Director’s functions;

            (b)         if the Director is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.

        (2)         In subclause (1)(a)(i) — 

        misbehaviour includes conduct that renders the Director unfit to hold office as Director notwithstanding that the conduct does not relate to any function of the office.

        [Clause 5 amended by No. 18 of 2009 s. 40.]

6 .         Other conditions of service

                Subject to this Schedule, the Governor may, on the recommendation of the Minister for Public Sector Management, determine other terms and conditions of service (if any) that apply to the Director.