Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this Act, the Trust may, with the approval of the Minister,
appoint —
(a) a
person to be the general manager of the Trust; and
(b) such
persons to be officers or servants of the Trust, in addition to the general
manager of the Trust, as the Trust thinks necessary for the efficient
performance of the functions of the Trust.
(2) The general
manager is the chief executive officer of the Trust and shall have and may
exercise or perform such powers, functions, authorities or duties as are
conferred or imposed on him by or under this Act or as are directed by the
Trust to be exercised or performed by him.
(3) The terms and
conditions of service of the general manager and of the officers or servants
of the Trust shall be as determined by the Public Sector Commissioner,
subject, in the case of the officers or servants, to any relevant award, order
or industrial agreement under the Industrial Relations Act 1979 .
(4) When the general
manager or an officer or servant of the Trust, immediately prior to his
appointment as such, occupied an office under Part 3 of the
Public Sector Management Act 1994 , he shall —
(a) if
he resigns his office or employment or if his term of office or employment
expires by effluxion of time and he is not reappointed, be entitled to be
appointed to an office under that Act not lower in status than the office
which he occupied immediately prior to his appointment as the general manager
or an officer or servant of the Trust; and
(b)
continue to retain his existing and accruing rights, including his rights
under the Superannuation Act, as if his service as the general manager or as
an officer or servant of the Trust were service as an officer under
Part 3 of the Public Sector Management Act 1994 .
(5) The Trust is
deemed to be a department for the purposes of the Superannuation Act.
[(6), (7) deleted]
(7a) Notwithstanding
anything in this section, to the extent that there is in the case of a person
who is appointed under subsection (1) to be the general manager of the
Trust or an officer or servant of the Trust and who is a member of the Senior
Executive Service within the meaning of the Public Sector Management
Act 1994 4 an inconsistency between this Act and that Act that Act
shall prevail.
(8) In this
section —
Superannuation Act means the
Superannuation and Family Benefits Act 1938 5 .
[Section 17 amended by No. 59 of 1981
s. 4, 5 and 6; No. 113 of 1987 s. 32; No. 6 of 1993
s. 11; No. 32 of 1994 s. 19; No. 60 of 1994 s. 12;
No. 42 of 1997 s. 8; No. 8 of 2009 s. 99(2); No. 39 of
2010 s. 90.]