Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An executive
officer may elect to retain a right of return if, for a continuous period of
not less than 6 months ending immediately before his or her first
appointment as an executive officer, the executive officer —
(a) was
employed for an indefinite period in a department or organisation; or
(b) held
a statutory office or a series of statutory offices on a full-time basis and,
before holding the statutory office or any of those statutory offices, was
employed for an indefinite period in a department or organisation.
(2) An election
referred to in subsection (1) —
(a) may
be made in the first contract of employment entered into by the executive
officer, but, unless made in that contract, cannot be made in any subsequent
contract of employment for the same or another office in the Senior Executive
Service;
(b) is
revoked if that election is not again made by the executive officer in a
subsequent contract of employment;
(c) may
be revoked by the executive officer by notice in writing delivered to his or
her employing authority; and
(d) if
revoked, cannot be made again.
(3) An executive
officer who has elected to retain a right of return is entitled to employment
in a department or organisation at the same level of classification as he or
she held immediately before ceasing to be employed for an indefinite period
within the meaning of subsection (1)(a) or (b), as the case requires, if
he or she —
(a)
ceases to be an executive officer otherwise than by reason of a declaration
made under section 43(3) or repealed under section 43(4); and
(b) in
the case of —
(i)
a chief executive officer, is not reappointed to the same
or another office of chief executive officer or to the performance of other
functions in the Senior Executive Service; or
(ii)
a senior executive officer, is not reappointed to the
same or another office of senior executive officer or to the performance of
other functions in the Senior Executive Service.
(4) A person is not
entitled to a right of return if his or her employment in the Public Sector
was terminated, or he or she was dismissed, under this Act for substandard
performance or breach of discipline.
(5) This section does
not prevent the application of the provisions of this Act relating to the
management of the redeployment and redundancy of employees to a person who is
employed in a department or organisation under a right of return.
(6) Nothing in this
section affects the entitlement of any executive officer under another written
law to employment in a department or organisation in accordance with that
written law.
(7) In this
section —
“right of return” means entitlement of
an executive officer to employment in a department or organisation in
accordance with this section;
“statutory office” means office, post
or position that is established under an Act by which the right to appoint to
that office, post or position is vested in the Governor or a Minister of the
Crown.