Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the Senior Executive Service consists of —
(a) each
public service officer employed in a department whose salary;
(b) each
office in a department, or post in an SES organisation, the salary attached to
which; and
(c) each
person employed in an SES organisation whose salary,
exceeds such level as
is prescribed for the purposes of this subsection and who, or the holder of
which, as the case requires, becomes or remains a member of the Senior
Executive Service by virtue of —
(d)
section 110(2);
(e) an
appointment under section 45 or 53; or
(f) a
reappointment under section 46.
(2) The Senior
Executive Service —
(a)
excludes such public service officer, holder of an office, office, post,
holder of a post, or person, referred to in subsection (1) as is the
subject of a declaration in force under subsection (3); but
(b)
includes such public service officer, holder of an office, office, post,
holder of a post, or person, not referred to in subsection (1) as is the
subject of a declaration in force under subsection (4).
(3) The Minister may
from time to time by notice published in public service
notices —
(a)
declare that a public service officer, holder of an office, office, post,
holder of a post, or person, referred to in subsection (1) is excluded
from the Senior Executive Service on and from such day, not being a day
earlier than the day of that publication, as is specified in that declaration;
or
(b)
repeal or amend a declaration made under this subsection.
(4) The Minister may
from time to time by notice published in public service
notices —
(a)
declare that a public service officer, holder of an office, office, post,
holder of a post, or person, not referred to in subsection (1) is
included in the Senior Executive Service on and from such day, not being a day
earlier than the day of that publication, as is specified in that declaration;
or
(b)
repeal or amend a declaration made under this subsection.
(5) If a declaration
is made under subsection (3) or repealed under subsection (4) in
respect of —
(a) a
public service officer employed in a department who was, immediately before
the day specified in that declaration or the day of that repeal, a member of
the Senior Executive Service, that public service officer; or
(b) an
office in a department, the holder of that office immediately before the day
specified in that declaration or the day of that repeal,
continues to be
employed in the department on the same terms and conditions as those to which
he or she was entitled as a member of the Senior Executive Service until,
subject to this Act, he or she retires or his or her employment in the Public
Service is otherwise terminated, or his or her terms and conditions of service
are varied, under this Act.
(6) If a declaration
is made under subsection (3) or repealed under subsection (4) in
respect of —
(a) a
person employed in an SES organisation who was, immediately before the day
specified in that declaration or the day of that repeal, a member of the
Senior Executive Service, that person; or
(b) a
post in an SES organisation, the person who was the holder of that post
immediately before the day specified in that declaration or the day of that
repeal,
continues to be
employed in the SES organisation on the same terms and conditions as those to
which he or she was entitled as a member of the Senior Executive Service
until, subject to the written law under which the SES organisation was
established or continued, he or she retires or his or her employment in the
Public Service is otherwise terminated, or his or her terms and conditions of
service are varied, under that written law.
(7) A public service
officer or person to whom a declaration made under subsection (3) or (4)
relates may be identified in that declaration by name or by any other means of
identification.
(8) The Minister
shall, before making a declaration referred to in subsection (3) or (4),
consult the employing authority of the agency in which the public service
officer, holder of an office, office, post, holder of a post, or person, to
whom or which the proposed declaration relates is employed or is located, as
the case requires.
(9) When, under this
Division, a person is appointed to, reappointed to, transferred to, or
directed to act in, an office or post which is included in the Senior
Executive Service and which is created under another written law, the person
shall be regarded as having also been appointed to, reappointed to,
transferred to, or directed to act in, that office or post under that written
law.
(10) When an executive
officer is employed in an SES organisation, the executive officer has all the
functions and protection which he or she would have if he or
she —
(a) were
not an executive officer; and
(b) were
employed under the written law under which the SES organisation is established
or continued.