Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 7]
[Heading amended by No. 19 of 2010
s. 4.]
(1) Subject to this
Act, the Director holds office for a term of 5 years and is eligible for
reappointment for one or more terms each of 5 years.
[(2) deleted]
(3) The Director may
resign his or her office by writing signed and delivered to the Governor.
[Clause 1 amended by No. 42 of 1997
s. 8.]
The
Director —
(a)
shall be paid salary and allowances at such rates per annum as are determined
by the Salaries and Allowances Tribunal established by the
Salaries and Allowances Act 1975 ; and
(b) has
the same annual leave, sick leave and long service leave entitlements as an
officer of the public service.
(1) Where a person
immediately before being appointed as Director was a contributor within the
meaning of the Superannuation and Family Benefits Act 1938 2 ,
the person may continue to be a contributor under that Act, notwithstanding
his appointment.
(2) The Treasurer may,
by instrument in writing, determine the particular person or department that
is to be treated as the employer of the Director for the purposes of
subclause (4).
[(3) deleted]
(4) Contributions that
would otherwise be payable by the Director under an enactment referred to in
subclause (1) shall be paid by the employer determined under
subclause (2) at the maximum rate at which the Director would be entitled
to contribute and amounts so paid shall be treated as if they had been
contributions made by the Director.
(5) If the Director is
not a contributor within the meaning of the
Superannuation and Family Benefits Act 1938 2 or a member under the
State Superannuation Act 2000 , it shall be a term of the
Director’s appointment that on the termination of the appointment, other
than under clause 6, the Director will be entitled, if he is not
reappointed, to a lump sum calculated as specified in the instrument of
appointment.
(6) If on termination
of the Director’s appointment the Director is appointed to a pensionable
office within the meaning in section 2(4) of the Judges’ Salaries
and Pensions Act 1950 , service as Director shall be regarded, subject to
subclause (7), as a period of pensionable service for the purposes of
that Act.
(7) Subclause (6)
does not apply unless the Director has elected to surrender and forgo all
entitlements relating to the period of service as Director, whether actual,
contingent or expected, that have accrued or may accrue to the Director or any
other person under the Superannuation and Family Benefits Act 1938 2 or
the State Superannuation Act 2000 or under the term of his appointment
referred to in subclause (5).
(8) An election
referred to in subclause (7) shall be in such form as the Minister may
determine, shall be made in writing within one month after the termination of
appointment, shall be irrevocable and shall have effect notwithstanding
anything in this clause or in the Superannuation and Family Benefits
Act 1938 2 or the State Superannuation Act 2000 .
[Clause 3 amended by No. 60 of 1995
s. 54; No. 43 of 2000 s. 39(1).]
4 . Public service officer’s entitlements if
appointed
(1) Where a person,
immediately before being appointed to the office of Director occupied an
office in the public service, the person —
(a)
retains existing and accruing entitlements in respect of annual leave, sick
leave and long service leave as if service as Director were a continuation of
service in that office in the public service;
(b) is
entitled, if he or she resigns from the office of Director, to be appointed to
an office in the public service not lower in classification and salary than
the office which the person occupied before being appointed as Director.
(2) A person appointed
to an office as mentioned in subclause (1)(b) retains existing and
accruing entitlements in respect of annual leave, sick leave and long service
leave as if service in that office were a continuation of service as Director.
[Clause 4 amended by No. 42 of 1997
s. 8.]
5 . Director not do other work; duty to disclose
pecuniary interests
The
Director —
(a)
shall not practise as a legal practitioner or engage in any other paid
employment except —
(i)
in accordance with this Act; or
(ii)
with the prior approval of the Governor;
and
(b)
shall give written notice to the Attorney General of all direct or indirect
pecuniary interests that he or she has or acquires in any business whether in
Australia or elsewhere or in any body corporate carrying on any such business.
(1) The Governor may
remove the Director from office —
(a)
for —
(i)
misbehaviour or incompetence; or
(ii)
physical or mental incapacity, other than temporary
illness, impairing the performance of the Director’s functions;
or
(b) if
the Director is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are under insolvency
laws.
(2) In
subclause (1)(a)(i) misbehaviour includes —
(a)
conduct that renders the Director unfit to hold office as Director
notwithstanding that the conduct does not relate to any function of the
office; or
(b) a
failure to comply with clause 5.
[Clause 6 amended by No. 18 of 2009
s. 31.]
7 . Other conditions of service
Subject to this
Schedule, the Governor may determine other terms and conditions of service (if
any) that apply to the Director.
