Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 47

47 .         Performance agreements etc. of chief executive officers

        (1)         Subject to subsection (2), a chief executive officer shall on his or her appointment under section 45, and as soon as practicable after the commencement of each financial year afterwards, enter in accordance with approved procedures into an agreement with the responsible authority of his or her agency concerning the performance criteria to be met by the chief executive officer during the period to which that agreement relates.

        (2)         A performance agreement entered into between a chief executive officer and a responsible authority does not take effect until — 

            (a)         the Minister, if the Minister is not the responsible authority; and

            (b)         the Minister of the Crown responsible for the agency concerned, if that Minister is not the responsible authority,

                has or have in writing approved that performance agreement and a note of that approval has been endorsed on that performance agreement, and replaces any previous performance agreement entered into between the chief executive officer and the responsible authority.

        (3)         A performance agreement is not legally enforceable.

        (4)         The responsible authority of the agency of a chief executive officer is responsible for assessing in accordance with approved procedures, on or shortly before the end of each period referred to in subsection (1), the extent to which the chief executive officer meets the performance criteria set out in his or her current performance agreement.