Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Persons deemed to be chief executive officers or chief employees  
   5.      Employing authorities defined  
   6.      Application  

   PART 2 -- Administration of Public Sector  

           Division 1 -- General principles  

   7.      General principles of public administration and management  
   8.      General principles of human resource management  
   9.      General principles of official conduct  

           Division 2 -- Functions, etc. of Minister  

   10.     Functions of Minister, and ancillary powers  
   11.     Minister may direct holding of special inquiry  
   12.     Powers of persons conducting special inquiries  
   13.     Procedure and evidence at special inquiries  
   14.     Reports of special inquiries  
   15.     Delegatory power of Minister  

           Division 3 -- Commissioner for Public Sector Standards  

   16.     Commissioner for Public Sector Standards  
   17.     Appointment, etc. of Commissioner  
   18.     Vacation of, or suspension from, office of Commissioner  
   19.     Remuneration, etc. of Commissioner  
   20.     Supplementary provisions relating to Commissioner  
   21.     Functions of Commissioner  
   22.     Commissioner to act independently  
   23.     Power of delegation of Commissioner  
   24.     Powers of investigation of Commissioner  
   25.     General powers of Commissioner  
   26.     Declaration by Commissioner  
   27.     Staff of Commissioner  
   28.     Acting Commissioner for Public Sector Standards  

           Division 4 -- Chief executive officers and chief employees  

   29.     Functions of chief executive officers and chief employees, and ancillary powers  
   30.     Performance of functions of chief executive officers and chief employees  
   31.     Extent of compliance with public sector standards, etc. to be reported  
   32.     Chief executive officers and chief employees to comply with certain directions or instructions  
   33.     Delegatory powers of chief executive officers and chief employees  

   PART 3 -- Public Service  

           Division 1 -- General  

   34.     Constitution of Public Service  
   35.     Departments  
   36.     Certain powers relating to departments and organisations  
   37.     Absorbed personnel -- right of appeal  
   38.     Determinations for purposes of section 6(1)(d) of the Salaries and Allowances Act 1975  
   39.     Retirement of public service officers on grounds of ill health  
   40.     Service of notices, etc. when address of public service officer unknown  
   41.     Exercise of certain powers when public service officer is appointed by Governor  

           Division 2 -- Senior Executive Service  

   42.     Purposes of Senior Executive Service  
   43.     Constitution of Senior Executive Service  
   44.     Chief executive officers and chief employees in agencies  
   45.     Appointment of chief executive officers  
   46.     Reappointment of chief executive officers  
   47.     Performance agreements, etc. of chief executive officers  
   48.     Procedure before expiry of contract of employment, or removal from office, of chief executive officer  
   49.     Removal of chief executive officer from office  
   50.     Transfer of chief executive officers  
   51.     Acting chief executive officers  
   52.     Industrial arbitration or legal proceedings not available for chief executive officers  
   53.     Appointment of senior executive officers  
   54.     Transfer of senior executive officers  
   55.     Performance assessments of senior executive officers  
   56.     Employment of executive officers to be governed by their contracts of employment  
   57.     Matters to be dealt with by contracts of employment  
   58.     Right of return for certain executive officers  
   59.     Compensation, etc. if executive officer has no right of return  
   60.     Election to take compensation  
   61.     Secondment of executive officers  
   62.     Cessation of membership of Senior Executive Service  
   63.     Vacation of office of executive officer  

           Division 3 -- Public service officers other than executive officers  

   64.     Appointment of public service officers other than executive officers  
   65.     Transfer of public service officers other than executive officers within and between departments and organisations  
   66.     Secondment of public service officers other than executive officers from departments or organisations  
   67.     Vacation of office of public service officer other than executive officer  

   PART 4 -- Assistance for political office holders  

           Division 1 -- Ministerial officers  

   68.     Employment of ministerial officers  
   69.     Functions of ministerial officers  
   70.     Terms and conditions of employment  
   71.     Variation of contract of employment  
   72.     Termination of employment  
   73.     Restriction on subsequent employment in departments or organisations  
   74.     Relationship between ministerial officers, etc. and employees employed in departments or organisations  

           Division 2 -- Assistance by permanent officers and seconded employees  

   75.     Permanent officers and seconded employees occupying special offices  

   PART 5 -- Substandard performance and disciplinary matters  

           Division 1 -- General  

   76.     Application and effect of Part  
   77.     Exercise of certain powers when employee is appointed by Governor  
   78.     Rights of appeal and reference  

           Division 2 -- Substandard performance  

   79.     Employees whose performance is substandard  

           Division 3 -- Disciplinary matters  

   80.     Breaches of discipline  
   81.     Procedure when breach of discipline suspected  
   82.     Suspension without pay  
   83.     Powers of employing authority other than Minister after investigation of alleged breach of discipline  
   84.     Powers of Minister as employing authority after investigation of alleged breach of discipline  
   85.     Procedure if respondent objects to certain findings or actions  
   86.     Procedure when charge of breach of discipline brought  
   87.     Special disciplinary inquiries  
   88.     Procedure on receipt of finding and recommendation from special disciplinary inquiry  
   89.     Dismissal of chief executive officer on disciplinary grounds  
   90.     Employing authority to notify respondents of outcomes of disciplinary proceedings against them  
   91.     Payment of fines  
   92.     Powers of employing authorities in respect of certain offences committed by employees  

   PART 6 -- Redeployment and redundancy of employees  

   93.     Administration of Part  
   94.     Regulations concerning redeployment and redundancy  
   95.     Status of Part 6, etc. and references by aggrieved employees  

   PART 7 -- Procedures for seeking relief in respect of breach of public sector standards  

   96.     Application of PART  
   97.     Functions of Commissioner concerning relief in respect of breach of public sector standards  
   98.     Regulations relating to relief in respect of breach of public sector standards  

   PART 8 -- Miscellaneous  

   99.     Matters that cannot be the subject of industrial agreements or employer-employee agreements  
   100.    Powers of employing authorities  
   101.    Restriction on compensation payable for early termination of employment  
   102.    Employees not to engage in activities unconnected with their functions  
   103.    Reappointment of unsuccessful electoral candidates  
   104.    Time between resignation and reappointment not to count as service  
   105.    Restriction on communications by members of Parliament, etc.  
   106.    Immunity  
   107.    Performance of functions of holder of office, post or position during vacancy therein or absence or incapacity of holder  
   108.    Regulations  

   PART 9 -- Repeal and transitional provisions  

   110.    Public Service Act 1978 repealed, and transitional  
   111.    Transitional provisions related to Part 4  
   112.    References to certain words or expressions in written laws, etc.  
           SCHEDULE 1  
           SCHEDULE 2  
           SCHEDULE 3  
           SCHEDULE 4  
           SCHEDULE 5  
           SCHEDULE 6  
           Compilation table