Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Persons deemed to be CEOs or chief employees  
   5.      Term used: employing authority  
   6.      Crown bound; application of Industrial Relations Act 1979

   PART 2 -- Public Sector principles  

   7.      Public administration and management principles  
   8.      Human resource management principles  
   9.      Principles of conduct by public sector bodies etc.

   PART 3A -- Public Sector Commissioner

           Division 1 -- Public Sector Commissioner  

   16.     Office of Public Sector Commissioner  
   17.     Appointment etc. of Commissioner  
   18.     Vacation of, or suspension from, office of Commissioner  
   19.     Remuneration etc. of Commissioner  
   20.     Miscellaneous provisions as to superannuation and leave of absence

           Division 2 -- Functions of Commissioner  

   21A.    General functions  
   21.     Public sector standards, codes of ethics and codes of conduct, establishing etc.  
   22A.    Commissioner’s instructions  
   22B.    Disposition of employees and offices  
   22C.    Reports to Ministers  
   22D.    Annual report  
   22E.    Other reports  
   22F.    Reports under s. 22D or 22E must be laid before Parliament  
   22G.    Powers  
   22.     Commissioner to act independently  
   23.     Delegation by Commissioner

           Division 3 -- Reviews, special inquiries and investigations

              Subdivision 1 -- Reviews  

   24A.    Terms used  
   24B.    Reviews of operations etc. of public sector bodies  
   24C.    Commissioner may authorise people to perform functions  
   24D.    Powers of Commissioner etc. for purposes of reviews  
   24E.    Consultation required before exercising powers in s. 24D  
   24F.    Privileges of employees in relation to s. 24D powers  
   24G.    Report on review

              Subdivision 2 -- Special inquiries  

   24H.    Special inquiries, purpose and arrangement of  
   24I.    Powers of person conducting special inquiry  
   24J.    Procedure and evidence at special inquiries  
   24K.    Reports on special inquiries

              Subdivision 3 -- Investigations  

   24.     Commissioner’s powers of investigation

           Division 4 -- Acting appointments  

   28.     Acting Commissioner appointed by Governor  
   29A.    Acting Commissioner appointed by Commissioner  
   29B.    Matters relevant to all acting appointments

   PART 3B -- Chief executive officers and chief employees  

   29.     Functions of CEOs and chief employees  
   30.     Duties of CEOs and chief employees when performing functions  
   31.     Extent of compliance with public sector standards etc. to be reported  
   32.     CEOs and chief employees to comply with directions etc. of responsible authority  
   33.     Delegation by CEO or chief employee

   PART 3 -- Public Service

           Division 1 -- General  

   34.     Constitution of Public Service  
   35.     Departments, establishment etc. of  
   36.     Organisational powers of employing authorities of departments etc.  
   37.     Right of appeal as to remuneration of employees of organisations that become part of Public Service  
   38.     Determinations of offices in Special Division for Salaries and Allowances Act 1975 s. 6(1)(d)  
   39.     Retirement of public service officers on grounds of ill health  
   40.     Service of notices etc. when address of public service officer unknown  
   41.     Public service officers appointed by Governor, exercise of powers as to

           Division 2 -- Senior Executive Service  

   42.     Purposes of Senior Executive Service  
   43.     Constitution of Senior Executive Service  
   44.     Agencies each to have CEO or chief employee  
   45.     CEOs, appointment of  
   46.     CEOs, reappointment of on expiry of contract  
   47.     CEOs, performance agreements etc. of  
   49.     CEOs, removal of from office  
   50.     CEOs, transfer of  
   51.     Acting CEOs  
   52.     Employment etc. of CEOs cannot be litigated etc.  
   53.     Senior executive officers, appointment of  
   54.     Senior executive officers, transfer of  
   55.     Senior executive officers, performance assessments of  
   56.     Executive officers, contracts of employment of  
   57.     Contracts of employment of executive officers, content of  
   58.     Right of return for certain executive officers  
   59.     Compensation etc. if executive officer has no right of return  
   60.     Election to take compensation instead of right of return  
   61.     Executive officers, secondment of  
   62.     When executive officer ceases to be in Senior Executive Service  
   63.     Vacation of office of executive officer

           Division 3 -- Public service officers other than executive officers  

   64.     Appointing officers  
   65.     Transferring officers within and between departments etc.  
   66.     Seconding officers from departments or organisations  
   67.     Vacation of offices

   PART 4 -- Assistance for political office holders

           Division 1 -- Ministerial officers  

   68.     Employing ministerial officers  
   69.     Functions of ministerial officers  
   70.     Terms and conditions of employment  
   71.     Varying contract of employment  
   72.     Termination of employment  
   73.     Restriction on subsequent employment in departments etc.  
   74.     Relationship between ministerial officers etc. and employees of departments etc.

           Division 2 -- Assistance by permanent officers and seconded employees  

   75.     Special offices to assist Ministers etc.

   PART 5 -- Substandard performance and disciplinary matters

           Division 1 -- General  

   76.     Application and effect of Part 5  
   77.     Employees appointed by Governor, exercise of powers as to  
   78.     Appeals etc. against some decisions under s. 79, 82A, 82, 87, 88 or 92

           Division 2 -- Substandard performance  

   79.     Substandard performance, definition of and powers as to

           Division 3 -- Disciplinary matters  

   80A.    Terms used  
   80.     Breaches of discipline, defined  
   81.     Suspected breach of discipline, employing authority’s options as to  
   82A.    Disciplinary matters, dealing with  
   82.     Suspending employee pending decision on breach of discipline or criminal charge  
   87.     Special disciplinary inquiries  
   88.     Report of special disciplinary inquiry, consequences of  
   89.     Dismissal of CEO for breach of discipline  
   90.     Employing authority to notify employee of outcome of disciplinary matter  
   91.     Fines, payment and recovery of  
   92.     Employee convicted of serious offence, powers as to  
   93A.    Disciplinary action etc., when it can be taken

   PART 6 -- Redeployment and redundancy of employees  

   93.     Functions of some employing authorities under s. 94 regulations, performance of  
   94.     Regulations concerning redeployment and redundancy  
   95.     Status of Part 6 etc. and references by aggrieved employees

   PART 7 -- Procedures for seeking relief in respect of breach of public sector standards  

   96.     Application of PART 7  
   97.     Commissioner’s functions under PART 7  
   98.     Regulations as to procedure for seeking relief etc.

   PART 8 -- Miscellaneous  

   100.    Engaging people by contracts for services and casual employees, powers for  
   101.    Restriction on compensation for early termination of employment  
   102.    Employees not to be employed outside Government etc. without permission  
   103.    Unsuccessful electoral candidates, reappointment of  
   104.    Time between resignation and reappointment not to count as service  
   105.    Members of Parliament etc. not to contact employing authorities etc. about some appointments  
   106.    Protection from personal liability  
   107.    Vacancy etc. in office etc., directing people to act in case of  
   108A.   Delegation by Minister  
   108.    Regulations

   PART 9 -- Repeal and transitional provisions

           Division 1 -- Public Service Act 1978 repeal and transitional provisions  

   110.    Public Service Act 1978 repealed; transitional (Sch. 5)  
   111.    Transitional provisions related to Part 4 (Sch. 6)  
   112.    Certain words etc. in written laws etc. taken to be amended

           Division 2 -- Public Sector Reform Act 2010 Part 2 amendments: transitional provisions  

   113.    Transitional provisions (Sch. 7)

           Division 3 -- Public Sector Reform Act 2010 Part 3 amendments: transitional provisions  

   114.    Transitional provisions (Sch. 8)
           SCHEDULE 1 -- Entities which are not organisations
           SCHEDULE 2 -- Entities which are SES organisations
           SCHEDULE 3 -- Provisions applicable to and in relation to special inquirers  
           SCHEDULE 4 -- Form of declaration
           SCHEDULE 5 -- General transitional provisions  
           SCHEDULE 6 -- Transitional provisions relating to ministerial staff  
           SCHEDULE 7 -- Public Sector Reform Act 2010 Part 2 amendments: transitional provisions  
           SCHEDULE 8 -- Public Sector Reform Act 2010 Part 3 amendments: transitional provisions  
           Compilation table