Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 56

56 .         Employment of executive officers to be governed by their contracts of employment

        (1)         Subject to this Act, the employment of an executive officer shall be governed by a contract of employment between the executive officer and his or her employing authority.

        (2)         A contract of employment referred to in subsection (1) shall — 

            (a)         be in writing;

            (b)         be signed by or on behalf of the parties to that contract; and

            (c)         expire on the day on which the term of appointment of the executive officer concerned expires or is terminated.

        (3)         Subject to sections 48 and 49, a contract of employment of an executive officer may be terminated before its expiry on the expiry of not less than 4 weeks’ notice of termination — 

            (a)         given to him or her by his or her employing authority, or payment in lieu of that period of notice by that employing authority to the executive officer of an amount not exceeding such amount as is prescribed; or

            (b)         given to his or her employing authority by the executive officer or such shorter period of notice as is agreed between the executive officer and his or her employing authority.

        (4)         A contract of employment referred to in this section (in this subsection referred to as the original contract ) may be varied at any time by a further contract in writing entered into, and signed by, the parties to the original contract, but the term of the original contract cannot be extended to a total period of more than 5 years after the day on which the original contract came into force.

        (5)         If the employing authority of an executive officer does not propose to reappoint, or to recommend the reappointment of, the executive officer, that employing authority shall — 

            (a)         notify the executive officer of that fact not less than 4 weeks before the expiry of his or her contract of employment; or

            (b)         pay the executive officer in lieu of that period of notice an amount — 

                  (i)         not exceeding such maximum amount as is prescribed; and

                  (ii)         not less than such minimum amount as is prescribed for each day by which that period of notice falls short of 4 weeks.

        (6)         The employing authority of an executive officer acts for and on behalf of the Crown in any contract of employment between that employing authority and the executive officer.