Western Australian Numbered Acts Western Australian Numbered Acts After Part 3
Division 2 the following Divisions are inserted —
“
Division 3 — Staff and consultants
Public service
officers are to be appointed or made available under Part 3 of the
Public Sector Management Act 1994 to enable the Regulator to perform his
or her functions.
The Regulator may
engage persons under contracts for services to provide such professional,
technical or other assistance as the Regulator considers necessary for the
performance of his or her functions.
23C. Use of government staff and facilities
(1) The Regulator may,
by arrangement with the relevant employer, make use, either full-time or
part-time, of the services of any officer or employee —
(a) in
the Public Service;
(b) in a
State agency or instrumentality; or
(c)
otherwise in the service of the Crown in right of the State,
other than an officer
or employee of a party to an access agreement.
(2) The Regulator may,
by arrangement with the department, agency or instrumentality, make use of any
facilities of —
(a) a
department of the Public Service; or
(b) a
State agency or instrumentality,
that is not a party to
an access agreement.
(3) An arrangement
under subsection (1) is to provide, without limiting its other
provisions, that while the Regulator is making use of the services of an
officer or employee —
(a) the
Regulator has authority to control and supervise the officer to the exclusion
of any person who would normally have any such authority; and
(b) the
salary and allowances of the officer are to be paid out of moneys available to
the Regulator for that purpose.
(4) Subject to
subsection (3), an arrangement under subsection (1) or (2) is to be
made on such terms as are agreed to by the parties to the arrangement.
Division 4 — Financial provisions
(1) The Regulator is
to have an account at a bank approved by the Treasurer.
(2) The account is to
be called the “Western Australian Independent Rail Access Regulator
Account”.
(3) The account is to
be —
(a)
credited with all funds received by, made available to, or payable to the
Regulator, including moneys appropriated by Parliament; and
(b)
charged with all expenditure incurred under this Part to enable the functions
of the Regulator to be performed, including the remuneration and allowances
referred to in section 19.
The Regulator may
borrow from the Treasurer such amounts as the Treasurer approves and on such
terms and conditions relating to repayment and payment of interest as the
Treasurer imposes.
23F. Application of Financial Administration and
Audit Act 1985
(1) The provisions of
the Financial Administration and Audit Act 1985 regulating the financial
administration, audit and reporting of statutory authorities apply to and in
respect of the Regulator and the Regulator’s operations.
(2) Despite
subsection (1), any requirement under the Treasurer’s Instructions
(issued under section 58 of the Financial Administration and Audit
Act 1985 ) that the Regulator prepare performance indicators is to be
limited to the Regulator’s management functions (including financial
management).
(3) Despite
subsection (1), section 42 of the Financial Administration and
Audit Act 1985 does not apply in respect of the Regulator, but the
expenditure that may be incurred under this Part in any one financial year is
limited to the amount specified by the Minister under this subsection for that
year.
(1) No personal
liability attaches to —
(a) the
Regulator;
(b) a
person acting under section 19B;
(c) a
delegate of the Regulator; or
(d) a
person acting under the direction or authority of the Regulator,
for an act or omission
in good faith in the performance, or purported performance, of official
functions.
(2) A liability that
would, but for subsection (1), lie against a person, lies instead against
the Crown.
”.