Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 191]
[Heading, formerly Schedule 2, renumbered as
Schedule 3 by No. 78 of 2003 s. 35(11).]
Subject to this Act,
the Parliamentary Inspector holds office for a period of 5 years and is
eligible for reappointment once.
[Clause 1 inserted by No. 78 of 2003
s. 34.]
(1) The Parliamentary
Inspector may be appointed on either a full-time or part-time basis.
(2) If the
Parliamentary Inspector is appointed on a full-time basis, the Parliamentary
Inspector must not, except in so far as authorised to do so by the Governor,
hold any office of profit or trust (other than office as Parliamentary
Inspector) or engage in any occupation for reward outside the duties of the
office of Parliamentary Inspector.
(3) Section 52 of
the Interpretation Act 1984 does not apply to the office of Parliamentary
Inspector.
3 . Remuneration, leave and entitlements
(1) The Parliamentary
Inspector is to be paid remuneration at such rate as the Governor may
determine.
(2) Subclause (1)
has effect subject to —
(a)
subclause (4) and clause 4; and
(b) the
Salaries and Allowances Act 1975 .
(3) The rate of
remuneration of the Parliamentary Inspector is not to be reduced during the
term of office of the Parliamentary Inspector without the consent of the
Parliamentary Inspector.
(4) If the
Parliamentary Inspector is receiving a non-contributory pension under the
Judges’ Salaries and Pensions Act 1950 or any other Act, or under a
law of the Commonwealth or of another State or Territory, the Parliamentary
Inspector is to be paid the difference between that pension and the
remuneration payable under subclause (1), in lieu of the full amount of
that remuneration.
(5) The remuneration
payable to the holder of the office of Parliamentary Inspector is to be
charged to the Consolidated Account which, to the necessary extent, is by this
clause appropriated accordingly.
(6) The Parliamentary
Inspector is entitled to such leave of absence and other entitlements as the
Governor determines.
[Clause 3 amended by No. 77 of 2006
s. 4.]
4 . Provisions where Parliamentary Inspector was a
judge
(1) If a person who,
immediately before appointment to the office of Parliamentary Inspector, was a
judge of the Supreme Court or the District Court, is appointed as
Parliamentary Inspector, that person is to be paid the same remuneration and
have the same other rights or privileges as if the person had continued to be
the holder of that judicial office.
(2) For the purposes
of the Judges’ Salaries and Pensions Act 1950 , the service as
Parliamentary Inspector of a person referred to in subclause (1) is taken
to be service as the holder of the same judicial office as the office that
person held before appointment as Parliamentary Inspector.
(3) The person’s
service as Parliamentary Inspector is, for all purposes, taken to be service
as the holder of that judicial office.
(4) If the term of
office of a person referred to in subclause (1) who was a judge of the
Supreme Court expires by effluxion of time and he or she is not reappointed as
Parliamentary Inspector, that person is entitled to be appointed as a judge of
the Supreme Court.
(5) If the term of
office of a person referred to in subclause (1) who was a judge of the
District Court expires by effluxion of time and he or she is not reappointed
as Parliamentary Inspector, that person is entitled to be appointed as a judge
of the District Court.
5 . Provisions where Parliamentary Inspector was
public service officer
(1) If a public
service officer is appointed to the office of Parliamentary Inspector, that
person is entitled to retain all his or her accruing and existing rights,
including any rights under the Superannuation and Family Benefits
Act 1938 4 , as if service in the office of Parliamentary Inspector
were a continuation of service as a public service officer.
(2) If a person ceases
to hold the office of Parliamentary Inspector and becomes a public service
officer, the service as Parliamentary Inspector is to be regarded as service
in the Public Service for the purposes of determining that person’s
rights as a public service officer and, if applicable, for the purposes of the
Superannuation and Family Benefits Act 1938 4 .
(3) If —
(a) the
Parliamentary Inspector immediately before his or her appointment to the
office of Parliamentary Inspector occupied an office under Part 3 of the
Public Sector Management Act 1994 ; and
(b) his
or her term of office expires by effluxion of time and he or she is not
reappointed as Parliamentary Inspector,
that person is
entitled to be appointed to an office under Part 3 of the
Public Sector Management Act 1994 of at least the equivalent level of
classification as the office that person occupied immediately prior to
appointment as Parliamentary Inspector.
The Parliamentary
Inspector may, at any time, by instrument in writing addressed to the
Governor, resign the office of Parliamentary Inspector and, on receipt of the
resignation by the Governor, the Parliamentary Inspector is to vacate the
office of Parliamentary Inspector.
The office of
Parliamentary Inspector becomes vacant if the Parliamentary
Inspector —
(a)
dies; or
(b)
resigns the office under clause 6; or
(c)
becomes, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(d) is
removed from office under section 192.
[Clause 7 amended by No. 78 of 2003
s. 35(13); No. 18 of 2009 s. 23(3).]
[Schedule 4 omitted under the Reprints Act 1984 s. 7(4)(e).]
