Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The functions of
the Commissioner are, having regard to the principles set out in
sections 7, 8 and 9 —
(a) to
issue Commissioner’s instructions establishing public sector standards
setting out minimum standards of merit, equity and probity to be complied with
in the Public Sector in —
(i)
the recruitment, selection, appointment, transfer,
secondment, performance management, redeployment, discipline and termination
of employment of employees; and
(ii)
such other human resource management activities relating
to employees as are prescribed,
and monitor compliance
with those public sector standards; and
(b) to
issue Commissioner’s instructions establishing codes of ethics setting
out minimum standards of conduct and integrity to be complied with by public
sector bodies and employees, and monitor compliance with those codes; and
(c) to
assist public sector bodies to develop, amend or repeal codes of
conduct —
(i)
setting out minimum standards of conduct and integrity to
be complied with by themselves and their employees; and
(ii)
consistent with codes of ethics established under
paragraph (b),
and monitor compliance
with those codes; and
(d) to
assist public sector bodies and employees to comply with public sector
standards, codes of ethics and codes of conduct established or developed, as
the case requires, under this subsection; and
(e) to
monitor compliance by public sector bodies and employees with the principles
set out in sections 8(1)(a), (b) and (c) and 9; and
(f)
subject to regulations referred to in section 98, to establish procedures
of the kind referred to in section 97(1)(a).
(2) The Commissioner
may amend or repeal any public sector standard or code of ethics.
(3) In establishing,
amending or repealing any public sector standards, the Commissioner shall take
into account the impact which those public sector standards may have on the
efficiency and effectiveness of the Public Sector, and shall endeavour to
minimise any adverse impact.
[(4) deleted]
(5) Each public sector
standard and code of ethics shall be published in the Gazette .
(6) A public sector
standard or code of ethics comes into operation on the day on which it is
published in the Gazette or on such later day as is specified in the public
sector standard or code of ethics.
(7) Section 42 of
the Interpretation Act 1984 applies to and in relation to a public sector
standard or code of ethics as if it were regulations within the meaning of
that section.
(8)
Subsections (5) to (7) also apply to an amendment or repeal of a public
sector standard or code of ethics.
(9A) The Commissioner
may by order published in the Gazette exempt the whole or any part of any
public sector body from compliance with the whole or any part of a public
sector standard or code of ethics.
(9B) The Commissioner
may by order published in the Gazette repeal or amend an order made under
subsection (9A).
(9) Subject to
subsection (10), a public sector standard or code of ethics has in
relation to other Acts and subsidiary legislation made under them the force of
law as if enacted as part of this Act, but may be amended or repealed by
regulations made under section 108.
(10) Nothing in
subsection (9) prevents a court from inquiring into, and deciding,
whether or not a public sector standard or code of ethics or any of its
provisions —
(a) has
been validly established; or
(b) is
inconsistent with a provision of this Act; or
(c) is
unrelated to the power conferred by this Act to establish public sector
standards or codes of ethics, as the case requires,
as if the public
sector standard or code of ethics or that provision were regulations within
the meaning of the Interpretation Act 1984 .
(11) To the extent
that —
(a) a
public sector standard is inconsistent with a code of ethics, a code of
conduct or another Commissioner’s instruction, the public sector
standard prevails; or
(b) a
code of ethics is inconsistent with a code of conduct or another
Commissioner’s instruction (other than a Commissioner’s
instruction establishing a public sector standard), the code of ethics
prevails.
[Section 21 amended by No. 39 of 2010
s. 19 and 70.]