Western Australian Consolidated Regulations

PUBLIC SECTOR MANAGEMENT (REDEPLOYMENT AND REDUNDANCY) REGULATIONS 1994 - REG 8

8 .         Private sector offers of offices, posts or positions on privatization or contracting out

        (1)         If the whole or any part of — 

            (a)         the undertaking of a department or organisation is, or is to be, sold or otherwise disposed of to; or

            (b)         the production or provision of goods or services or both by a department or organisation is, or is to be, replaced by the production or provision of goods or services or both by,

                a person outside the Public Sector, the employing authority of the department or organisation shall notify in writing each employee in that department or organisation who is or will be affected by that sale or other disposal, or replacement, of — 

            (c)         that sale or other disposal, or replacement; and

            (d)         the manner in which he or she is or will be so affected.

        (2)         Any offer of an office, post or position made by a person referred to in subregulation (1) to an employee who is notified under that subregulation shall — 

            (a)         be in writing; and

            (b)         set out the terms and conditions (including pay) subject to which that offer is made.

        (3)         Subject to subregulation (4), the employing authority of an employee to whom an offer referred to in subregulation (2) is made may, if that offer is an offer of a suitable office, post or position, direct that employee to accept that offer.

        (4)         An employing authority shall not make a direction under subregulation (3) unless — 

            (a)         the employing authority is satisfied that the employee to whom the direction is to be given has been offered suitable employment; and

            (b)         the direction is made — 

                  (i)         in writing; or

                  (ii)         verbally, with written confirmation given to the recipient of that direction within 2 days after that direction was given.

        (5)         If an employee in the department or organisation referred to in subregulation (1) hinders or obstructs the process by which he or she, or any other employee, is selected for the making of an offer referred to in subregulation (2), the employing authority of the first-mentioned employee may direct that employee — 

            (a)         in writing; or

            (b)         verbally, with written confirmation given to that employee within 2 days after that direction was given,

                to refrain from that hindrance or obstruction.