Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A member shall be
paid such remuneration and allowances as the Governor may from time to time
determine.
(2) The Governor shall
not determine the remuneration and allowances to be paid to a member who is a
part-time member who is a person to whom Part 3 of the
Public Sector Management Act 1994 applies except with the prior approval
in writing of the Minister for Public Sector Management.
(3) The appointment of
a member shall, subject to this Act, be in accordance with such terms and
conditions as may be specified in the instrument of his appointment.
(4) Acceptance of or
acting in the office of member by any person shall not of
itself —
(a)
render the provisions of Part 3 of the Public Sector Management Act 1994
, or any other Act applying to persons as officers of the Public Service of
the State, applicable to him; or
(b) in
the case of a member who is a part-time member, affect or prejudice the
application to him of the provisions referred to in paragraph (a) if
those provisions applied to him at the time of the acceptance of or acting in
that office.
(5) A member who is a
full-time member who, immediately prior to his appointment, occupied an office
under Part 3 of the Public Sector Management Act 1994 —
(a)
shall, if he resigns his office or if his term of office expires by effluxion
of time and he is not reappointed, be entitled to be appointed to an office
under that Part not lower in status than the office which he occupied
immediately prior to his appointment as a full-time member; and
(b)
shall continue to retain his existing and accruing rights,; including his
rights under the Superannuation and Family Benefits Act 1938 2 , as if
his service as a full-time member were service as a public service officer
within the meaning of the Public Sector Management Act 1994 .
(6) In relation to a
member who is a full-time member to whom subsection (5) does not
apply —
(a) the
Commission is deemed to be a department; and
(b) that
full-time member is deemed to be an employee,
within the meaning and
for the purposes of the Superannuation and Family Benefits Act 1938 2 ,
but he is not compelled to become a contributor for pension, superannuation or
benefits under that Act.
[Section 9 amended by No. 91 of 1978
s. 8; No. 32 of 1994 s. 19; No. 42 of 1997 s. 8.]