Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 79

79 .         Substandard performance, definition of and powers as to

        (1)         For the purposes of this section, the performance of an employee is substandard if and only if the employee does not, in the performance of the functions that he or she is required to perform, attain or sustain a standard that a person may reasonably be expected to attain or sustain in the performance of those functions.

        (2)         Without limiting the generality of the matters to which regard may be had for the purpose of determining whether or not the performance of an employee is substandard, regard — 

            (a)         shall be had — 

                  (i)         to any written selection criteria or job specifications applicable to; and

                  (ii)         to any duty statement describing; and

                  (iii)         to any written work standards or instructions relating to the manner of performance of,

                the functions the employee is required to perform; and

            (b)         may be had — 

                  (i)         to any written selection criteria or job specifications applicable to; and

                  (ii)         to any duty statement describing; and

                  (iii)         to any written work standards or instructions relating to the manner of performance of,

                functions similar to those functions.

        (3)         Subject to subsections (4), (5) and (6), an employing authority may, in respect of one of its employees whose performance is in the opinion of the employing authority substandard for the purposes of this section — 

            (a)         withhold for such period as the employing authority thinks fit an increment of remuneration otherwise payable to that employee; or

            (b)         reduce the level of classification of that employee; or

            (c)         terminate the employment in the Public Sector of that employee.

        (4)         The Governor may, on the recommendation of the Minister responsible for the relevant public sector body, terminate the employment in the Public Sector of an employee other than a chief executive officer —

            (a)         who was appointed to his or her employment by the Governor; and

            (b)         whose performance is in the opinion of his or her employing authority substandard for the purposes of this section.

        (5A)         The Governor may, on the recommendation of the Commissioner, terminate the employment in the Public Sector of a chief executive officer whose performance is, in the opinion of the Commissioner, substandard for the purposes of this section.

        (5B)         The Commissioner must consult the responsible authority of the agency of the chief executive officer before making a recommendation under subsection (5A).

        (5)         If an employee does not admit to his or her employing authority that his or her performance is substandard for the purposes of this section, that employing authority shall, before forming the opinion that the performance of the employee is substandard for those purposes, cause an investigation to be held into whether or not the performance of the employee is substandard.

        [Section 79 amended by No. 39 of 2010 s. 55 and 68.]