Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
“agency” means —
(a)
department; or
(b) SES
organisation;
“appoint” includes promote;
“approved” , in relation to a
procedure or classification system, means for the time being approved under
subsection (2);
“breach of discipline” means breach of
discipline referred to in section 80;
“chief employee”
means —
(a)
chief employee of a non-SES organisation;
(b)
chief employee of an agency who is not a member of the Senior Executive
Service; or
(c)
person deemed to be a chief employee under regulations referred to in
section 4;
“chief executive officer”
means —
(a)
person holding office under Division 2 of Part 3 as the chief executive
officer of an agency; or
(b)
person deemed to be a chief executive officer under regulations referred to in
section 4;
“classification system” means system
relating either to an office, post or position or to an employee that provides
a basis for the remuneration of employees by identifying the level which
correctly reflects the functions and responsibilities of the office, post or
position or of the employee;
“code of conduct” means code of
conduct developed under section 21(1);
“code of ethics” means code of ethics
established under section 21(1);
“Commissioner” means person for the
time being holding the office of Commissioner for Public Sector Standards
created by section 16(1);
“compensation” , in relation to an
employee, does not include any payment made —
(a)
under section 56(5)(b) or 72(2)(b);
(b) in
lieu of notice under regulations referred to in section 94 in respect of
an employee who is made redundant; or
(c) in
lieu of an accrued or accruing entitlement to leave;
“department” means department
established under section 35;
“document” includes tape, disc or
other device or medium on which information is recorded or stored
electronically, mechanically, photographically or otherwise;
“employee” means person employed in
the Public Sector by or under an employing authority;
“employing authority” has the meaning
given by section 5;
“executive officer” means chief
executive officer or senior executive officer;
“function” has the meaning given by
section 5 of the Interpretation Act 1984 ;
“Industrial Commission” has the
meaning given to “Commission” by the Industrial Relations
Act 1979 ;
“Minister” means Minister of the Crown
to whom the administration of this Act is for the time being committed by the
Governor;
“ministerial office” means one or more
ministerial officers appointed to assist a particular political office holder;
“ministerial officer” means person
appointed under section 68 as a ministerial officer;
“non-SES organisation” means entity
which consists of —
(a) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, being a body or office, post or position that is established or
continued for a public purpose under a written law; and
(b)
persons employed by or for the purposes of that body or holder under that
written law or another written law,
and which neither is
nor includes —
(c) an
SES organisation; or
(d) an
entity specified in column 2 of Schedule 1;
“organisation” means non-SES
organisation or SES organisation;
“performance agreement” means
agreement referred to in section 47(1) or clause 13(5) of
Schedule 5;
“permanent officer” means person
appointed under section 64(1)(a) for an indefinite period;
“political office holder”
means —
(a)
Minister of the Crown;
(b)
Parliamentary Secretary of the Cabinet;
(c)
Parliamentary Secretary holding office under section 44A of the
Constitution Acts Amendment Act 1899 ;
(d)
Government Whip;
(e)
Leader of the Opposition in the Legislative Council;
(f)
Leader of the Opposition in the Legislative Assembly; or
(g)
person, if any, who, not being a Minister of the Crown, is the leader of a
party in the Legislative Assembly of at least 5 members, other than a party
led by the Premier or by the Leader of the Opposition referred to in
paragraph (f);
“Public Sector” means
all —
(a) the
agencies;
(b) the
ministerial offices; and
(c) the
non-SES organisations;
“public sector body” means agency,
ministerial office or non-SES organisation;
“public sector standard” means public
sector standard established under section 21(1);
“Public Service” means Public Service
as constituted under section 34;
“public service notices” means notices
in writing issued by or under the authority of the Minister for the purposes
of this Act;
“public service officer” means
executive officer, permanent officer or term officer employed in the Public
Service under Part 3;
“remuneration” has the meaning given
by the Salaries and Allowances Act 1975 ;
“repealed Act” means Public Service
Act 1978 ;
“respondent” means
person —
(a)
suspected within the meaning of section 81(1) of having committed; or
(b)
found to have committed,
a breach of
discipline;
“responsible authority” , in relation
to a department or organisation, means —
(a)
board, committee or other body for the time being administering the department
or organisation; or
(b) if
there is no board, committee or other body referred to in paragraph (a),
Minister of the Crown responsible for the department or organisation,
or, when used
otherwise than in relation to a department or organisation, means responsible
authority of any department or organisation;
“senior executive officer” means
member of the Senior Executive Service other than a chief executive officer;
“Senior Executive Service” means
Senior Executive Service as constituted under section 43;
“SES organisation” means entity which
consists of —
(a) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, being a body or office, post or position —
(i)
established or continued for a public purpose under a
written law; and
(ii)
specified in column 2 of Schedule 2;
and
(b)
persons employed by or for the purposes of that body or holder under that
written law or another written law;
“special disciplinary inquiry” means
special disciplinary inquiry directed to be held under section 86;
“special inquirer” means person or
persons directed under section 11 to hold a special inquiry;
“special inquiry” means special
inquiry directed to be held under section 11;
“substandard performance” means
performance which is substandard within the meaning of section 79;
“term officer” means person appointed
under section 64(1)(b) for a term not exceeding 5 years;
“this Act” includes subsidiary
legislation in force under this Act.
(2) The Minister may
in writing —
(a)
approve, subject to such conditions as he or she thinks fit to impose, any
procedure or classification system for the purposes of the definition of
“approved” in subsection (1); and
(b)
amend or repeal an approval given under this subsection.
(3) For the purposes
of the definition of “responsible authority” in
subsection (1), a department —
(a)
which is established to support an organisation; and
(b)
which is not prescribed as an independent department for the purposes of this
subsection,
is to be taken to be a
part of the organisation referred to in paragraph (a).
(4) A reference in
this Act to the Minister of the Crown responsible for a public sector body of
a particular kind is a reference to the Minister of the Crown to whom the
administration of the public sector body of that kind is for the time being
committed by the Governor.
(5) A reference in
this Act —
(a) to a
person being employed by an employing authority; or
(b) in
relation to a person, to an employing authority as being his or her employing
authority,
shall, if the person
was appointed under this Act for and on behalf of the Crown, be construed as a
reference to the person being so employed for and on behalf of the Crown or as
a reference, in relation to the person, to the employing authority as being
his or her employing authority for and on behalf of the Crown, as the case
requires.