Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The functions of
the Commissioner are, having regard to the principles set out in
sections 7, 8 and 9 —
(a) to
establish public sector standards setting out minimum standards of merit,
equity and probity to be complied with in the Public Sector
in —
(i)
the recruitment, selection, appointment, transfer,
secondment, performance management, redeployment, discipline and termination
of employment of employees; and
(ii)
such other human resource management activities relating
to employees as are prescribed,
and monitor compliance
with those public sector standards;
(b) to
establish codes of ethics setting out minimum standards of conduct and
integrity to be complied with by public sector bodies and employees, and
monitor compliance with those codes;
(c) to
assist public sector bodies to develop, amend or repeal codes of
conduct —
(i)
setting out minimum standards of conduct and integrity to
be complied with by themselves and their employees; and
(ii)
consistent with codes of ethics established under
paragraph (b),
and monitor compliance
with those codes;
(d) to
assist public sector bodies and employees to comply with public sector
standards, codes of ethics and codes of conduct established or developed, as
the case requires, under this subsection;
(e) to
monitor compliance by public sector bodies and employees with the principles
set out in sections 8(1)(a), (b) and (c) and 9;
(f)
subject to regulations referred to in section 98, to establish procedures
of the kind referred to in section 97(1)(a);
(g) to
report from time to time to the Minister of the Crown responsible for a public
sector body on the compliance or non-compliance by the public sector body and
its employees with the principles set out in sections 8(1)(a), (b) and
(c) and 9 and with public sector standards, codes of ethics and codes of
conduct established or developed, as the case requires, under this subsection;
(h) to
report from time to time to each House of Parliament on —
(i)
the compliance or non-compliance by any particular public
sector body or public sector bodies and its or their employees with the
principles set out in sections 8(1)(a), (b) and (c) and 9 and with public
sector standards, codes of ethics and codes of conduct established or
developed, as the case requires, under this subsection; and
(ii)
any other matter arising in connection with the functions
of the Commissioner;
(i)
to report annually to each House of Parliament on the
compliance or non-compliance by public sector bodies and employees with the
principles set out in sections 8(1)(a), (b) and (c) and 9 and with public
sector standards, codes of ethics and codes of conduct established or
developed, as the case requires, under this subsection; and
(j) to
perform such other functions as are conferred or imposed on the Commissioner
by this Act.
(2) The Commissioner
may amend or repeal any public sector standard or code of ethics.
(3) In establishing,
amending or repealing any public sector standards, the Commissioner shall take
into account the impact which those public sector standards may have on the
efficiency and effectiveness of the Public Sector, and shall endeavour to
minimise any adverse impact.
(4) The Commissioner
shall, before establishing, amending or repealing a public sector standard or
code of ethics, consult such persons as he or she considers desirable and
practicable to consult.
(5) Each public sector
standard and code of ethics shall be published in the Gazette .
(6) A public sector
standard or code of ethics comes into operation on the day on which it is
published in the Gazette or on such later day as is specified in the public
sector standard or code of ethics.
(7) Section 42 of
the Interpretation Act 1984 applies to and in relation to a public sector
standard or code of ethics as if it were regulations within the meaning of
that section.
(8)
Subsections (5) to (7) also apply to an amendment or repeal of a public
sector standard or code of ethics.
(9) Subject to
subsection (10), a public sector standard or code of ethics has in
relation to other Acts and subsidiary legislation made under them the force of
law as if enacted as part of this Act, but may be amended or repealed by
regulations made under section 108.
(10) Nothing in
subsection (9) prevents a court from inquiring into, and deciding,
whether or not a public sector standard or code of ethics or any of its
provisions —
(a) has
been validly established;
(b) is
inconsistent with a provision of this Act; or
(c) is
unrelated to the power conferred by this Act to establish public sector
standards or codes of ethics, as the case requires,
as if the public
sector standard or code of ethics or that provision were regulations within
the meaning of the Interpretation Act 1984 .
(11) To the extent
that —
(a) a
public sector standard is inconsistent with a code of ethics or a code of
conduct, the public sector standard prevails; or
(b) a
code of ethics is inconsistent with a code of conduct, the code of ethics
prevails.