Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Part 3 of the
Public Sector Management Act 1994 does not apply to the Commissioner, the
Deputy Commissioner, the Acting Commissioner, or the officers of the
Commissioner.
(2) The Commissioner,
the Deputy Commissioner and each officer of the Commissioner shall, for the
purposes of the Superannuation and Family Benefits Act 1938 2 , be
deemed to be an employee within the meaning of that Act.
(3) When a public
service officer is appointed to the office of Commissioner, Deputy
Commissioner or Acting Commissioner or becomes an officer of the Commissioner
he is entitled to retain all his existing and accruing rights as if his
service in that office or as such an officer, as the case may be, were a
continuation of his service as a public service officer.
(4) When a person
ceases to hold the office of Commissioner, Deputy Commissioner or Acting
Commissioner or to be an officer of the Commissioner and becomes a public
service officer his service in that office or as an officer of the
Commissioner shall be regarded as service in the Public Service for the
purposes of determining his rights as a public service officer.
(5) Where —
(a) the
Commissioner or Deputy Commissioner; or
(b) an
officer of the Commissioner who is appointed for a fixed term,
immediately prior to
his appointment under this Act, occupied an office under Part 3 of the
Public Sector Management Act 1994 for an indefinite period as a permanent
officer, he shall, if his term of office expires by effluxion of time and he
is not reappointed, be entitled to be appointed to an office under Part 3 of
the Public Sector Management Act 1994 , not lower in status than the
office which he occupied immediately prior to his appointment as Commissioner,
Deputy Commissioner or officer of the Commissioner, as the case requires.
(6)
Subsection (5) applies to an officer of the Commissioner irrespective of
whether the officer was appointed before or after the day on which
subsection (5)(b) commenced.
[Section 10 amended by No. 68 of 1976
s. 3; No. 13 of 1982 s. 8; No. 32 of 1994 s. 19;
No. 78 of 1996 s. 8; No. 74 of 2003 s. 91(10), (11).]