Public Sector Management Act 1994
Public Sector Management (General) Regulations 1994
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Public Sector Management (General) Regulations 1994
CONTENTS
1.Citation2
2.Commencement2
3.Independent departments prescribed (Act s. 3(3))2
4.Independent departments prescribed (Act s. 5(2)(a))2
4A.Deemed chief executive officers (Act s. 4(5))2
4B.Deemed chief employee (Act s. 4(5))2
5.Employing authorities (Act s. 5(3))2
5A.Human resource management activities prescribed (Act s. 21(1)(a)(ii))2
6A.Entity prescribed for delegation by CEO (Act s. 33(1)(c)(ii))2
6.Salary level prescribed (Act s. 43(1))2
7.Amount prescribed (Act s. 56(3)(a))2
8.Amount prescribed (Act s. 56(5)(b))2
8A.Arrangements prescribed for remuneration of CEOs (Act s. 57(1)(b))2
9.Period prescribed (Act s. 59(4))2
10.Classes prescribed (Act s. 64(5)(b))2
11.Period prescribed (Act s. 70(6))2
12.Amount prescribed (Act s. 72(2)(b))2
13.Salary level prescribed (Act s. 75(2)(a))2
14.Classes of employees prescribed (Act s. 76(1)(b))2
15.Offences prescribed (Act s. 80A serious offence)2
16.Procedures prescribed (Act s. 81(2))2
17.Procedures prescribed (Act s. 83(1)(a))2
18.Procedures prescribed (Act s. 83(1)(b) and 85)2
19.Details of breaches of discipline prescribed (Act s. 86(1)(b))2
20.Procedures prescribed (Act s. 86(4)(a))2
21.Period prescribed (Act s. 90)2
22.Offences prescribed (Act s. 92(1)(b))2
23.Period prescribed (Act s. 92(2))2
25.Personnel records prescribed2
26.Period prescribed (Act Sch. 5 cl. 13(14))2
Notes
Compilation table2
Defined Terms
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Reprinted under the Reprints Act 1984 as |
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at 3 June 2011 |
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Public Sector Management Act 1994
Public Sector Management (General) Regulations 1994
These regulations may be cited as the Public Sector Management (General) Regulations 1994 1.
These regulations come into operation on the day on which Part 9 of the Act comes into operation 1.
3.Independent departments prescribed (Act
For the purposes of section 3(3) of the Act —
(a)the department designated as the Office of the Environmental Protection Authority; and
(b)the department designated as the Department of Planning,
are prescribed as independent departments.
[Regulation 3 amended in Gazette 22 Oct 2010 p. 5224.]
4.Independent departments prescribed (Act
For the purposes of section 5(2)(a) of the Act —
(a)the department designated as the Office of the Environmental Protection Authority; and
(b)the department designated as the Department of Planning,
are prescribed as independent departments.
[Regulation 4 amended in Gazette 22 Oct 2010 p. 5224.]
4A.Deemed chief executive officers (Act s. 4(5)
(1)For the purposes of section 4(5) of the Act, the Director within the meaning of the Director of Public Prosecutions Act 1991 is deemed to be the chief executive officer of the department designated under section 35 of the Act as the Office of the Director of Public Prosecutions.
(2)For the purposes of section 4(5) of the Act, the Inspector of Custodial Services under the Inspector of Custodial Services Act 2003 is deemed to be the chief executive officer of the department designated under section 35 of the Act as the Office of the Inspector of Custodial Services.
[Regulation 4A inserted in Gazette 18 Aug 1995 p. 3775; amended in Gazette 16 Jun 2000 p. 2958; No. 75 of 2003 s. 56(1).]
4B.Deemed chief employee
For the purposes of section 4(5) of the Act, the Director within the meaning of the Health Services (Conciliation and Review) Act 1995 is deemed to be the chief employee of the Office of Health Review established by section 6(1) of that Act.
[Regulation 4B inserted in Gazette 7 Jun 1996 p. 2414.]
5.Employing authorities (Act s. 5(3)
For the purposes of section 5(3) of the Act —
[(a) deleted]
(b)the Commissioner within the meaning of the Equal Opportunity Act 1984 is the employing authority of the officers referred to in section 79 of that Act; and
(c)the Law Reform Commission of Western Australia established under the Law Reform Commission Act 1972 is the employing authority of the public service officer who is for the time being —
(i)appointed within the meaning of section 14 of that Act; and
(ii)known as the Executive Officer and Director of Research of that Commission;
and
(d)The State Housing Commission established under the State Housing Act 1946 (now repealed) and preserved and continued under the Housing Act 1980 is the employing authority of public service officers who are for the time being appointed, or whose services are for the time being co‑opted, within the meaning of —
(i)section 15 of the Government Employees’ Housing Act 1964 2; or
(ii)section 15 of the Industrial and Commercial Employees’ Housing Act 1973 3.
[Regulation 5 amended in Gazette 18 Aug 1995 p. 3775; 7 Jun 1996 p. 2414; 19 Nov 1999 p. 5792; 29 Dec 2006 p. 5920.]
5A.Human resource management activities prescribed (Act
For the purposes of section 21(1)(a)(ii) of the Act, temporary deployment (acting) and grievance resolution are prescribed as human resource management activities relating to employees.
[Regulation 5A inserted in Gazette 19 Sep 1997 p. 5289.]
6A.Entity prescribed for delegation by CEO (Act s. 33(1)(c)(ii))
(1)For the purposes of section 33 of the Act, the Police Force (within the meaning of the Police Act 1892) is prescribed as an entity.
(2)Subregulation (1) applies only to a delegation by the Commissioner of Police.
[Regulation 6A inserted in Gazette 24 Jan 2012 p. 555‑6.]
6.Salary level prescribed (Act
For the purposes of section 43(1) of the Act, the prescribed salary level is the level of the maximum salary payable in respect of a level 8 officer under the award —
(a)made by the Industrial Commission under the Industrial Relations Act 1979; and
(b)known as the Public Service Award 1992.
7.Amount prescribed (Act
For the purposes of section 56(3)(a) of the Act, the prescribed amount is an amount equal to the amount of remuneration payable to the executive officer concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that executive officer.
8.Amount prescribed (Act
For the purposes of section 56(5)(b) of the Act —
(a)the prescribed maximum amount is an amount equal to the amount of remuneration payable to the executive officer concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that executive officer; and
(b)the prescribed minimum amount is an amount equal to the amount of remuneration payable to the executive officer concerned for the last day on which remuneration is payable to that executive officer.
8A.Arrangements prescribed for remuneration of CEOs (Act s. 57(1)(b))
(1)In this regulation —
class, in relation to a non‑SAT CEO, means the classification of the officer determined under a classification system specified in a Commissioner’s instruction;
non‑SAT CEO means a chief executive officer whose office is not a SAT office;
SAT office means an office referred to in section 6(1)(d) or (e) of the Salaries and Allowances Act 1975;
Tribunal means the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975.
(2)For the purposes of section 57(1)(b) of the Act, the remuneration to be accorded a non‑SAT CEO under a contract of employment between the CEO and the CEO’s employing authority must be in accordance with this regulation.
(3)Subject to subregulations (6), (8) and (9), the remuneration to be accorded a non‑SAT CEO of a class referred to in Column 1 of the Table to this subregulation must not exceed the remuneration determined by the Tribunal to be paid to a SAT office‑holder at a salary point, as described by the Tribunal, specified in Column 2.
Table
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Column 1 |
Column 2 |
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Below class 1 |
Group 1 minimum |
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Class 1 or Group 1 minimum |
Group 1 minimum |
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Class 2 or Group 1 maximum |
Group 1 maximum |
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Class 3 or Group 2 minimum |
Group 2 minimum |
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Class 4 or Group 2 maximum |
Group 2 maximum |
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Group 3 minimum |
Group 3 minimum |
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Group 3 maximum |
Group 3 maximum |
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Group 4 minimum |
Group 4 minimum |
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Group 4 maximum |
Group 4 maximum |
(4)If the remuneration to be paid to the SAT office‑holder referred to in subregulation (3) consists of more than one component, then each component of the remuneration to be accorded the non‑SAT CEO must not exceed the corresponding component of the remuneration to be paid to the holder of the SAT office.
(5)If a determination of the Tribunal that is in force provides that the SAT office‑holder referred to in subregulation (3) is to be paid an allowance if the holder’s performance in the office meets eligibility conditions determined by the Tribunal (personal merit allowance), then the remuneration to be accorded the non‑SAT CEO may include an allowance, not exceeding that personal merit allowance, to be paid if the non‑SAT CEO’s employing authority is satisfied that the CEO meets similar conditions.
(6)If the CEO’s employing authority is satisfied that the remuneration otherwise payable under this regulation would be insufficient in order to recruit and retain a particular person as a particular non‑SAT CEO, then —
(a)subregulations (3) and (4) do not apply; and
(b)the remuneration to be accorded that non‑SAT CEO may be as determined by the employing authority.
(7)Subregulations (8) and (9) apply to a person who was employed in a SAT office as a chief executive officer under a contract of employment but before the contract of employment expired, was transferred under section 50(1)(a)(ii) of the Act to the performance of other functions in the Senior Executive Service.
(8)If a person is a person to whom this subregulation applies, for the purpose of section 57(1)(b) of the Act, the remuneration to be accorded the person under a contract of employment entered into between the person and an employing authority must not exceed the remuneration determined by the Tribunal to be paid to a SAT office‑holder at the salary point equivalent to the salary point at which the person was remunerated immediately before he or she ceased to hold the SAT office.
(9)If the remuneration to be paid to the SAT office‑holder referred to in subregulation (8) consists of more than one component, then each component of the remuneration to be accorded a person to whom this subregulation applies must not exceed the corresponding component of the remuneration to be paid to the holder of the SAT office.
[Regulation 8A inserted in Gazette 19 Nov 1999 p. 5792‑4; amended in Gazette 5 Apr 2002 p. 1833‑4; 16 Sep 2005 p. 4347‑8; 5 Nov 2010 p. 5571.]
9.Period prescribed (Act
For the purposes of section 59(4) of the Act, the prescribed period is a period equal to the period in respect of which the amount of compensation paid to the person concerned under section 59 of the Act was calculated.
10.Classes prescribed (Act
For the purposes of section 64(5)(b) of the Act, the prescribed classes are —
(a)the class constituted by persons holding clerical, administrative and keyboard offices, posts or positions, appointment to the base grade of which is dependent on the satisfactory completion of the test known as the Public Service Clerical Aptitude Test; and
(b)the class constituted by persons holding appointments made on the grounds of locality in the non‑metropolitan area, after merit selection processes have been undergone; and
(c)the class constituted by persons holding appointments made under the terms and conditions of a cadetship; and
(d)the class constituted by persons holding appointments as a trainee graduate; and
(e)the class constituted by persons employed through any recruitment programme conducted by the Workforce Management and Development Office; and
(f)the class constituted by persons holding appointments as field officers in accordance with section 43(1) of the Conservation and Land Management Act 1984, after a recruitment programme has been conducted by the Department of Conservation and Land Management 4 and merit selection processes have been undergone.
[Regulation 10 amended in Gazette 9 Dec 1994 p. 6714‑15; 22 Apr 1997 p. 2061.]
11.Period prescribed (Act
For the purposes of section 70(6) of the Act, the prescribed period is a period equal to the period in respect of which the amount of compensation paid to the person concerned under section 70 of the Act was calculated.
12.Amount prescribed (Act s. 72(2)(b)
For the purposes of section 72(2)(b) of the Act, the prescribed amount is an amount equal to the amount of salary payable to the ministerial officer concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that ministerial officer.
13.Salary level prescribed (Act s. 75(2)(a)
For the purposes of section 75(2)(a) of the Act, the prescribed salary level is the level of the maximum salary payable in respect of a level 5 office under the award —
(a)made by the Industrial Commission under the Industrial Relations Act 1979; and
(b)known as the Public Service Award 1992.
14.Classes of employees prescribed
For the purposes of section 76(1)(b) of the Act, the following classes of employees are prescribed —
(a)persons employed under the Education Act 1928 5 in the Western Australian Department of Training 6; and
(b)academic and other staff, and other officers, employed under section 31(1)(a) of the Colleges Act 1978 7 at Karratha College 8, being a college established under section 6 of that Act.
[Regulation 14 inserted in Gazette 1 Oct 1996 p. 5112.]
15.Offences prescribed (Act s. 80A serious offence)
For the purposes of paragraph (d) of the definition of serious offence in section 80A of the Act, the following offences are prescribed —
(a)offences which involve —
(i)fraud or dishonesty; or
(ii)wilful damage to or destruction of, the property of others;
(b)offences which are committed against the persons of others;
(c)offences which are punishable on conviction by imprisonment for 2 years or more.
[Regulation 15 inserted in Gazette 5 Nov 2010 p. 5571‑2.]
16.Procedures prescribed (Act
For the purposes of section 81(2) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed procedures in accordance with which a suspected breach of discipline is to be investigated are that the respondent is notified in writing —
(a)that an investigation of the suspected breach of discipline is being initiated and of the purpose of that investigation; and
(b)that the investigation referred to in paragraph (a) will lead to a finding being made in respect of, and may lead to action being taken against, the respondent under Division 3 of Part 5 of the Act and of the range of possible findings and possible action; and
(c)of the steps which may be taken in the conduct of that investigation prior to the making of a finding, and the taking of any action, against the respondent; and
(d)of any interviews or meetings which the respondent is required to attend; and
(e)of his or her right to have present during any interviews or meetings attended by the respondent a representative capable of providing advice to the respondent.
[Regulation 16 amended in Gazette 5 Nov 2010 p. 5572.]
17.Procedures prescribed (Act s. 83(1)(a)
For the purposes of section 83(1)(a)(i), (ii) or (iii) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed procedures in accordance with which the action referred to in that section is to be taken against the respondent are that the respondent —
(a)is to be notified in writing of the finding that a minor breach of discipline has been committed by the respondent; and
(b)is to be notified in writing of the action proposed to be taken under that section against the respondent; and
(c)is to be given a reasonable opportunity to make written or oral representations to the relevant employing authority concerning that action; and
(d)is to be notified in writing of —
(i)the action taken under that section against the respondent; and
(ii)the right of objection under section 85 available to the respondent in respect of that finding or action.
[Regulation 17 amended in Gazette 5 Nov 2010 p. 5572.]
18.Procedures prescribed (Act s. 83(1)(b) and 85
For the purposes of section 83(1)(b) and 85 of the Act, as continued under Schedule 8 clause 2(1) of the Act, the procedures by which a respondent is to be charged with an alleged breach of discipline are that the employing authority must ensure, and must make a record of, the receipt of the written charge by the respondent.
[Regulation 18 amended in Gazette 5 Nov 2010 p. 5572.]
19.Details of breaches of discipline prescribed (Act s. 86(1)(b)
(1)For the purposes of section 86(1)(b) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed details of the alleged breach of discipline are a written description of the breach of discipline with which the respondent is charged framed in such a manner and with such particulars of —
(a)the alleged time and place of commission of that breach of discipline; and
(b)the other persons, if any, involved in committing that breach of discipline; and
(c)the person, if any, against whom that breach of discipline was committed; and
(d)the property, if any, in respect of which that breach of discipline was committed,
as are necessary to inform the respondent of the nature of that breach of discipline.
(2)If the time or place of commission of an alleged breach of discipline is unknown, it is sufficient for the purposes of subregulation (1)(a) to give particulars of the period or area within which that breach of discipline was committed.
[Regulation 19 amended in Gazette 5 Nov 2010 p. 5572.]
20.Procedures prescribed (Act s. 86(4)(a)
For the purposes of section 86(4)(a) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed procedures in accordance with which a disciplinary inquiry is to be held are that the respondent is notified in writing —
(a)that a disciplinary inquiry into the charge is being held and of the purpose of that disciplinary inquiry; and
(b)that the disciplinary inquiry referred to in paragraph (a) will lead to a finding being made, and may lead to action being taken, against the respondent under Division 3 of Part 5 of the Act and of the range of possible findings and possible action; and
(c)of the steps which may be taken in the conduct of that disciplinary inquiry prior to the making of a finding, and the taking of any action, against the respondent; and
(d)of any interviews or meetings which the respondent is required to attend; and
(e)of his or her right to have present during any interviews or meetings attended by the respondent a representative capable of providing advice to the respondent.
[Regulation 20 amended in Gazette 5 Nov 2010 p. 5572.]
21.Period prescribed (Act s. 90
For the purposes of section 90 of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed period is 14 days.
[Regulation 21 amended in Gazette 5 Nov 2010 p. 5572.]
22.Offences prescribed (Act s. 92(1)(b)
For the purposes of section 92(1)(b) of the Act, as continued under Schedule 8 clause 2(1) of the Act, offences —
(a)which involve —
(i)fraud or dishonesty; or
(ii)wilful damage to, or destruction of, the property of others;
or
(b)which are committed against the persons of others; or
(c)which are punishable on conviction by imprisonment for 2 years or more,
are prescribed offences.
[Regulation 22 amended in Gazette 5 Nov 2010 p. 5573.]
23.Period prescribed (Act s. 92(2)
For the purposes of section 92(2) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed period is 14 days.
[Regulation 23 amended in Gazette 5 Nov 2010 p. 5573.]
[24.Deleted in Gazette 5 Nov 2010 p. 5571.]
25.Personnel records
(1)A public sector body is required to establish, keep and maintain for each permanent or contract employee, including trainees and cadets, personnel records containing (as a minimum) the following details —
(a)information relating to the appointment of the employee; and
(b)the employment history of the employee; and
(c)details of the employee’s performance and any disciplinary matters relating to that employee; and
(d)information relating to the cessation of employment of that employee.
(2)Where an employee is employed as a part of the Public Service, the following details, in addition to those set out in subregulation (1), are to be recorded —
(a)the name and date of birth of the employee; and
(b)the date of appointment of that employee to the Public Service; and
(c)the title and classification of the office held by that employee.
(3)When an employee moves from one public sector body to another public sector body —
(a)the body to which the employee moves is required to seek the transfer the employee’s record from the previous body; and
(b)the body from which the employee moves is required to transfer the employee’s record to the new body.
26.Period prescribed (Act
For the purposes of clause 13(14) of Schedule 5 to the Act, the prescribed period is a period equal to the period in respect of which the amount of compensation paid to the person concerned under clause 13(11) of that Schedule was calculated.
1This is a compilation of the Public Sector Management (General) Regulations 1994 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Public Sector Management (General) Regulations 1994 |
16 Sep 1994 p. 4798‑803 |
1 Oct 1994 (see r. 2 and Gazette 30 Sep 1994 p. 4948) |
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Public Sector Management (General) Amendment Regulations 1994 |
9 Dec 1994 p. 6714‑15 |
9 Dec 1994 |
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Public Sector Management (General) Amendment Regulations 1995 |
18 Aug 1995 p. 3774‑5 |
18 Aug 1995 |
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Public Sector Management (General) Amendment Regulations 1996 |
7 Jun 1996 p. 2413‑14 |
7 Jun 1996 |
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Public Sector Management (General) Amendment Regulations (No. 4) 1996 |
27 Sep 1996 p. 4826‑7 |
27 Sep 1996 |
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Public Sector Management (General) Amendment Regulations (No. 3) 1996 |
1 Oct 1996 p. 5112 |
1 Oct 1996 |
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Public Sector Management (General) Amendment Regulations 1997 |
22 Apr 1997 p. 2061 |
22 Apr 1997 |
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Public Sector Management (General) Amendment Regulations (No. 2) 1997 |
19 Sep 1997 p. 5289 |
19 Sep 1997 |
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Reprint of the Public Sector Management (General) Regulations 1994 as at 18 Dec 1997 (includes amendments listed above) |
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Public Sector Management (General) Amendment Regulations 1999 |
19 Nov 1999 p. 5792‑4 |
19 Nov 1999 |
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Public Sector Management (General) Amendment Regulations 2000 |
16 Jun 2000 p. 2957‑8 |
18 Jun 2000 (see r. 2 and Gazette 16 Jun 2000 p. 2939) |
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Public Sector Management (General) Amendment Regulations 2002 |
5 Apr 2002 p. 1833‑4 |
5 Apr 2002 |
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Reprint 2: The Public Sector Management (General) Regulations 1994 as at 25 Jul 2003 (includes amendments listed above) |
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Inspector of Custodial Services Act 2003 s. 56(1) assented to 15 Dec 2003 |
15 Dec 2003 (see s. 2) |
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Public Sector Management (General) Amendment Regulations 2005 |
16 Sep 2005 p. 4347‑8 |
16 Sep 2005 |
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Public Sector Management (General) Amendment Regulations 2006 |
29 Dec 2006 p. 5920 |
1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369) |
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Public Sector Management (General) Amendment Regulations (No. 2) 2010 |
22 Oct 2010 p. 5223‑4 |
r. 1 and 2: 22 Oct 2010 (see r. 2(a)); |
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Public Sector Management (General) Amendment Regulations 2010 |
5 Nov 2010 p. 5570‑3 |
Pt. 1: 5 Nov 2010 (see r. 2(a)); |
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Reprint 3: The Public Sector Management (General) Regulations 1994 as at 3 Jun 2011 (includes amendments listed above) |
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Public Sector Management (General) Amendment Regulations 2012 |
24 Jan 2012 p. 555‑6 |
r. 1 and 2: 24 Jan 2012 (see r. 2(a)); |
2The Government Employees’ Housing Act 1964 s.15 was deleted by the Machinery of Government(Miscellaneous Amendments) Act 2006 s. 300.
3Repealed by the Country Housing Act 1998 s. 47.
4Under the Public Sector Management Act 1994 the names of departments may be changed. At the time of this compilation the former Department of Conservation and Land Management is called the Department of Environment and Conservation.
5Repealed by the School Education Act 1999 s. 246.
6Under the Alteration of Statutory Designations Order 2003 a reference in any law to the Department of Training was to be read and construed as a reference to the Department of Education and Training. Under the Alteration of Statutory Designation (DET) Order 2009 a reference in any law to the Department of Education and Training is to be read and construed as a reference to the Department of Education or to the Department of Training and Workforce Development, unless the contrary intention appears.
7Repealed by the Vocational Education and Training Act 1996 s. 70.
8Now known as Pilbara TAFE. See Gazette 26 Nov 2004 p. 5316 concerning the amalgamation of Eastern Pilbara College of TAFE [formerly Hedland College of TAFE (which continued under the name Eastern Pilbara College of TAFE (see Gazette 29 Oct 1999 p. 5925-7)) which amalgamated Pundulmurra College (see Gazette 19 Dec 1997 p. 7372)] and West Pilbara College of TAFE (formerly Karratha College of TAFE) and the college, as so amalgamated, is continued and renamed Pilbara TAFE (see Gazette 17 Dec 2002 p. 5925).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
non‑SAT CEO8A(1)
personal merit allowance8A(5)
SAT office8A(1)
Tribunal8A(1)