Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section and to any binding award, order or industrial agreement under the
Industrial Relations Act 1979 or employer-employee agreement under Part
VID of the Industrial Relations Act 1979 , the employing authority of a
department or organisation may in accordance with approved procedures appoint
for and on behalf of the Crown a person as a public service officer (otherwise
than as an executive officer) on a full-time or part-time
basis —
(a) for
an indefinite period as a permanent officer; or
(b) for
such term not exceeding 5 years as is specified in the instrument of his
or her appointment.
(2) An appointment
under subsection (1) shall be to such level of classification and
remuneration as is determined by the relevant employing
authority —
(a) in
accordance with approved procedures; and
(b) as
being appropriate to the functions to be performed by the person so appointed.
(3) The employing
authority of a department or organisation shall —
(a) in
accordance with approved procedures; and
(b) at
the time of the appointment of a person under subsection (1) or, if that
employing authority considers it impracticable to make the appointment
concerned at that time, at a later time,
appoint the person to
fill a vacancy in an office, post or position in the department or
organisation.
(4) Subject to
subsection (5), a person appointed under subsection (1)(b) cannot
apply for an appointment under subsection (1)(a) unless the relevant
vacancy has first been advertised in public service notices or in a daily
newspaper circulating throughout the State.
(5)
Subsection (4) does not apply to a person —
(a)
appointed under subsection (1)(b); and
(b)
having, or occupying an office, post or position having, the lowest level of
classification at which persons of the same prescribed class as that person
are at the relevant time recruited into the Public Service.
(6) The employing
authority of an organisation shall not make an appointment under
subsection (1) unless the written law under which the organisation is
established or continued authorises or requires the appointment or employment
of public service officers for the purposes of that organisation.
(7) Nothing in this
section prevents a public service officer who holds an office, post or
position in one department or organisation from being appointed, whether by
way of promotion or otherwise, to an office, post or position in another
department or organisation.
[Section 64 amended by No. 20 of 2002
s. 25(5); No. 74 of 2003 s. 97(2); amended in Gazette
15 Aug 2003 p. 3690.]