{"id":"health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018","name":"Health Services (Transitional - Transfer of Employees to PathWest) Regulations 2018","slug":"health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176814,"registerId":"wa-health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Services (Transitional - Transfer of Employees to PathWest) Regulations 2018","content":"![Crest]()Western Australia\n\nHealth Services Act 2016\n\nHealth Services (Transitional - Transfer of Employees to PathWest) Regulations 2018\n\nWestern Australia\n\nHealth Services (Transitional - Transfer of Employees to PathWest) Regulations 2018\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Transfer of employees to PathWest on transfer day 2\n\n5. Preservation of rights 3\n\n6. Transfer of employees to PathWest after transfer day 3\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nHealth Services Act 2016\n\nHealth Services (Transitional ‑ Transfer of Employees to PathWest) Regulations 2018\n\n##### 1. Citation\n\n\t\tThese regulations are the *Health Services (Transitional ‑ Transfer of Employees to PathWest) Regulations 2018*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\n(1) In these regulations —\n\ntransfer day means 1 July 2018;\n\nPathWest means the health service provider with the corporate name “PathWest Laboratory Medicine WA” established by the *Health Services (Health Service Providers) Order 2016* clause 17.\n\n(2) Before the coming into operation of the *Health Services (Health Service Providers) Amendment Order (No. 3) 2018* clause 10 on transfer day, a reference in these regulations to PathWest is to PathWest as it will exist on and after transfer day.\n\n##### 4. Transfer of employees to PathWest on transfer day\n\n(1) The Department CEO may, before transfer day, determine that specified employees in a health service provider are to be employed in PathWest on and from transfer day.\n\n(2) The Department CEO must give a copy of a determination under subregulation (1) to the employing authority of the health service provider.\n\n(3) An employing authority given a copy of a determination under subregulation (2) must notify each employee in the health service provider to whom the determination applies that the employee will, on and from transfer day, be employed in PathWest.\n\n(4) A notification under subregulation (3) must be in writing and may be addressed to an individual employee or a class of employees.\n\n(5) An employee to whom a determination under subregulation (1) applies is, on and from transfer day, taken to be employed in PathWest and not in the health service provider (the former health service provider) in which the employee was previously employed.\n\n(6) If subregulation (5) applies to an employee, then on transfer day —\n\n(a) the office in the former health service provider in which the employee was employed before transfer day ceases to exist; and\n\n(b) the chief executive of PathWest —\n\n(i) becomes the employing authority of the employee; and\n\n(ii) is substituted for the employing authority of the former health service provider as a party to any contract of employment of the employee.\n\n(7) If the employee is employed on a contract, the transfer has effect despite anything in the contract.\n\n##### 5. Preservation of rights\n\n(1) This regulation applies to an employee to whom a determination under regulation 4(1) applies.\n\n(2) The change in the employee’s employment on transfer day under regulation 4 does not —\n\n(a) affect the employee’s pay as defined in the *Public Sector Management (Redeployment and Redundancy) Regulations 2014* regulation 3(1); or\n\n(b) affect the employee’s existing or accrued rights in respect of annual leave, long service leave, sick leave or any other leave; or\n\n(c) affects any rights under a superannuation scheme; or\n\n(d) interrupt the continuity of the employee’s service.\n\n(3) For the purposes of subregulation (2)(d), the person’s service with the health service provider in which the person is employed before transfer day is taken to have been service in PathWest.\n\n##### 6. Transfer of employees to PathWest after transfer day\n\n(1) The Department CEO may, within 1 month after transfer day, determine that specified employees in a health service provider are to be employed in PathWest on and from the day specified in the determination.\n\n(2) These regulations apply in relation to a determination under subregulation (1) as if —\n\n(a) the determination were a determination under regulation 4(1); and\n\n(b) a reference in these regulations to transfer day were a reference to the day specified in the determination under subregulation (1).\n\nNotes\n\n1 This is a compilation of the *Health Services (Transitional - Transfer of Employees to PathWest) Regulations 2018*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Health Services (Transitional - Transfer of Employees to PathWest) Regulations 2018* | 11 May 2018 p. 1507‑9 | r. 1 and 2: 11 May 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 12 May 2018 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nformer health service provider 4(5)\n\nPathWest 3(1)\n\ntransfer day 3(1)\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was unavailable. The title suggests a focused, transitional instrument limited to employee transfers to PathWest, which is consistent with a narrow, purpose-specific regulation rather than one that expanded beyond its original intent. No evidence of scope change can be confirmed or denied."},"complexity_factors":["Insufficient legislative text available to assess true complexity — only an error page was retrieved","Title suggests transitional/administrative employment provisions, which are typically procedural in nature","Likely nested within a broader legislative framework (Health Services Act 2016), adding potential cross-referencing complexity","Employment transfer regulations can involve nuanced protections for entitlements, conditions and continuity of service"],"plain_english_summary":"These 2018 Western Australian regulations established temporary rules for transferring employees to PathWest (the public pathology service), affecting pathology and laboratory staff during health‑system restructuring under the Health Services Act 2016.\n\nThe regulation text is currently unavailable on the WA legislation site, so no provision‑level analysis can be given; contact the Parliamentary Counsel’s Office or the WA legislation website to obtain the full instrument."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: facilitating the specific employee transfers required for the PathWest corporate restructure in 2018. There is no evidence of scope creep; the regulations are transitional instruments with a clear expiry of utility (transfers only possible within one month after transfer day) and no ongoing regulatory function."},"complexity_factors":["Only 6 operative regulations total","Minimal defined terms (3 terms: transfer day, PathWest, former health service provider)","Simple linear structure with no nested exceptions or conditional logic beyond basic timing rules","Single cross-reference to Public Sector Management regulations for pay definition","No sub-delegations, review mechanisms, or offence provisions","Straightforward deeming provisions (treating old service as new service) without complex calculations"],"plain_english_summary":"This is a short, technical piece of Western Australian law that handles the paperwork for moving some public hospital workers into a new standalone organisation called PathWest.\n\n**What it does**\n\nThese regulations create a legal mechanism to transfer certain employees from existing WA Health hospital services into PathWest Laboratory Medicine WA — the state's public pathology (lab testing) service. This happened as part of a bigger reorganisation where PathWest was being set up as its own separate \"health service provider\" rather than being part of general hospitals.\n\n**Who it affects**\n\n- **Medical scientists, lab technicians and other staff** working in pathology services who were previously employed by hospital-based health service providers\n- **Hospital CEOs and employing authorities** who must handle the notification process\n- **The Department of Health CEO** who decides exactly which staff move across\n\n**How it works**\n\n- **Before 1 July 2018**: The Department CEO decides which employees transfer and notifies their current bosses\n- **On 1 July 2018 (transfer day)**: Those employees legally switch employers. Their old job \"disappears,\" their contract continues but with PathWest as the new boss, and their years of service count as continuous\n- **Safety net**: Staff keep their existing pay, leave balances (annual leave, sick leave, long service leave), superannuation rights and continuous service entitlements — nothing resets just because they changed employer on paper\n- **Late transfers**: If someone gets missed, they can still be transferred within a month after 1 July 2018 using the same rules\n\n**Why it matters**\n\nWithout this law, moving hundreds of staff between government employers would have triggered technical breaches of employment contracts, wiped out accrued leave, or broken superannuation contribution records. The regulations act like a \"bridge\" to keep everything legally seamless while the government restructures its pathology services."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No. The regulations are narrow, time‑limited transitional rules that transfer employer status for specified employees to PathWest while preserving existing pay, leave, superannuation and service continuity (regs 4(1), 4(6)–(7), 5(2)–(3), 6(1)). They implement a targeted administrative change rather than expanding substantive employment obligations or removing employee rights."},"complexity_factors":["Centralised discretion: Department CEO may select which employees transfer (reg 4(1)).","Fixed timing with short extension: primary transfer day is 1 July 2018 with a one‑month post‑transfer window (regs 3(1), 6(1)).","Automatic substitution of employer and party to contracts, overriding contrary contract terms (regs 4(6)(b)(ii), 4(7)).","Mandatory notification requirement for employing authorities to notify affected employees (regs 4(2)–(4)).","Preservation of entitlements and continuity of service (reg 5(2)–(3)) creates administrative workload for payroll, leave and superannuation transfer.","Cross‑instrument dependencies: relies on Health Services Act orders and Public Sector Management Regulations for definitions and effect (reg 3(2); reg 5(2)(a)).","Narrow, transitional scope reduces legal complexity but raises operational implementation issues (payroll, records, superannuation) for affected agencies."],"plain_english_summary":"These regulations allow the Department CEO to transfer specified staff from existing health service providers into PathWest Laboratory Medicine WA on 1 July 2018 (or on a later day within one month) by formal determination and employer notice. On transfer the PathWest chief executive becomes the employing authority; employees keep pay, leave, superannuation and continuity of service. This matters because it shifts employer responsibility, payroll and super arrangements while preserving accrued employee entitlements."}},"importantCases":[],"_links":{"self":"/api/acts/health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018","history":"/api/acts/health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018/history","analysis":"/api/acts/health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018/analysis","conflicts":"/api/acts/health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018/conflicts","importantCases":"/api/acts/health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018/important-cases","documents":"/api/acts/health-services-transitional-transfer-of-employees-to-pathwest-regulations-2018/documents"}}