Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
agency means —
(a) a
department; or
(b) a
SES organisation;
appoint includes promote;
breach of discipline means a breach of discipline
referred to in section 80;
chief employee means —
(a) a
chief employee of a non-SES organisation; or
(b) a
chief employee of an agency who is not a member of the Senior Executive
Service; or
(c) a
person deemed to be a chief employee under regulations referred to in
section 4;
chief executive officer means —
(a) a
person holding office under Division 2 of Part 3 as the chief
executive officer of an agency; or
(b) a
person deemed to be a chief executive officer under regulations referred to in
section 4;
classification system means a system relating
either to an office, post or position or to an employee that provides a basis
for the remuneration of employees by identifying the level which correctly
reflects the functions and responsibilities of the office, post or position or
of the employee;
code of conduct means a code of conduct developed
under section 21(1);
code of ethics means a code of ethics referred to
in section 21(1) and established under the Commissioner’s
instructions;
Commissioner means the person holding the office
of Public Sector Commissioner established by section 16(1);
Commissioner’s instructions means
instructions issued under section 22A;
compensation , in relation to an employee, does
not include any payment made —
(a)
under section 56(5)(b) or 72(2)(b); or
(b) in
lieu of notice under regulations referred to in section 94 in respect of
an employee who is made redundant; or
(c) in
lieu of an accrued or accruing entitlement to leave;
department means a department established under
section 35;
disciplinary action has the meaning given in
section 80A;
document includes a tape, disc or other device or
medium on which information is recorded or stored electronically,
mechanically, photographically or otherwise;
employee means a person employed in the Public
Sector by or under an employing authority;
employing authority has the meaning given by
section 5;
executive officer means a chief executive officer
or senior executive officer;
function has the meaning given by section 5
of the Interpretation Act 1984 ;
improvement action means any one or more of the
following actions by an employing authority in respect of an employee for the
purpose of improving the performance or conduct of the employee —
(a)
counselling;
(b)
training and development;
(c)
issuing a warning to the employee that certain conduct is unacceptable or that
the employee’s performance is not satisfactory;
(d) any
other action of a similar nature;
Industrial Commission has the meaning given to
Commission by the Industrial Relations Act 1979 ;
Minister means the Minister to whom the
administration of this Act is for the time being committed by the Governor;
ministerial office means one or more ministerial
officers appointed to assist a particular political office holder;
ministerial officer means a person appointed under
section 68 as a ministerial officer;
non-SES organisation means an entity which
consists of —
(a) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, being a body or office, post or position that is established or
continued for a public purpose under a written law; and
(b)
persons employed by or for the purposes of that body or holder under that
written law or another written law,
and which neither is nor
includes —
(c) an
SES organisation; or
(d) an
entity specified in column 2 of Schedule 1;
organisation means a non-SES organisation or SES
organisation;
performance agreement means an agreement referred
to in section 47(1) or clause 13(5) of Schedule 5;
permanent officer means a person appointed under
section 64(1)(a) for an indefinite period;
political office holder means —
(a) a
Minister; or
(b) the
Parliamentary Secretary of the Cabinet; or
(c) a
Parliamentary Secretary holding office under section 44A of the
Constitution Acts Amendment Act 1899 ; or
(d) the
Government Whip; or
(e) the
Leader of the Opposition in the Legislative Council; or
(f) the
Leader of the Opposition in the Legislative Assembly; or
(g) a
person, if any, who, not being a Minister, is the leader of a party in the
Legislative Assembly of at least 5 members, other than a party led by the
Premier or by the Leader of the Opposition referred to in paragraph (f);
Public Sector means all —
(a) the
agencies; and
(b) the
ministerial offices; and
(c) the
non-SES organisations;
public sector body means an agency, ministerial
office or non-SES organisation;
public sector notice means a notice issued by or
under the authority of the Commissioner for the purposes of this Act that is
published as a public sector notice in accordance with the
Commissioner’s instructions;
public sector standard means a public sector
standard referred to in section 21(1) and established under the
Commissioner’s instructions;
Public Service means the Public Service as
constituted under section 34;
public service officer means an executive officer,
permanent officer or term officer employed in the Public Service under
Part 3;
remuneration has the meaning given by the
Salaries and Allowances Act 1975 ;
repealed Act means the Public Service
Act 1978 ;
responsible authority , in relation to a
department or organisation, means —
(a) a
board, committee or other body for the time being administering the department
or organisation; or
(b) if
there is no board, committee or other body referred to in paragraph (a),
the Minister responsible for the department or organisation,
or, when used otherwise than in relation to a
department or organisation, means a responsible authority of any department or
organisation;
senior executive officer means a member of the
Senior Executive Service other than a chief executive officer;
Senior Executive Service means the Senior
Executive Service as constituted under section 43;
SES organisation means an entity which consists
of —
(a) a
body, whether corporate or unincorporate, or the holder of an office, post or
position, being a body or office, post or position —
(i)
established or continued for a public purpose under a
written law; and
(ii)
specified in column 2 of Schedule 2;
and
(b)
persons employed by or for the purposes of that body or holder under that
written law or another written law;
special disciplinary inquiry means a special
disciplinary inquiry held under section 87;
special inquirer means a person or persons
appointed under section 24H to carry out a special inquiry;
special inquiry means a special inquiry held under
section 24H;
substandard performance means performance which is
substandard within the meaning of section 79;
term officer means a person appointed under
section 64(1)(b) for a term not exceeding 5 years;
this Act includes subsidiary legislation in force
under this Act.
[(2) deleted]
(3) For the purposes
of the definition of responsible authority in subsection (1), a
department —
(a)
which is established to support an organisation; and
(b)
which is not prescribed as an independent department for the purposes of this
subsection,
is to be taken to be a
part of the organisation referred to in paragraph (a).
(4) A reference in
this Act to the Minister responsible for a public sector body of a particular
kind is a reference to the Minister to whom the administration of the public
sector body of that kind is for the time being committed by the Governor.
(5) A reference in
this Act —
(a) to a
person being employed by an employing authority; or
(b) in
relation to a person, to an employing authority as being his or her employing
authority,
shall, if the person
was appointed under this Act for and on behalf of the State, be construed as a
reference to the person being so employed for and on behalf of the State or as
a reference, in relation to the person, to the employing authority as being
his or her employing authority for and on behalf of the State, as the case
requires.
[Section 3 amended by No. 39 of 2010
s. 4, 68, 70 and 92.]