This Act sets the legal framework for employing and managing Western Australia’s public sector: it defines agencies, employees and offices; creates the Public Sector Commissioner; sets merit, conduct and safety standards; and establishes investigation, suspension, redeployment, redundancy and dismissal procedures. It applies to public service officers, ministerial officers and employing authorities. It matters because it assigns decision‑making power to employing authorities, the Commissioner and (for some dismissals) the Governor, and creates compliance duties, fines and regulatory pathways that affect costs and labour choices.
The Public Sector Management Act 1994 (the Act) establishes a comprehensive framework for the administration and management of Western Australia's Public Sector. At its core, it constitutes the Public Service under s.34 as comprising departments established under s.35, SES organisations to the extent they include Senior Executive Service (SES) posts or personnel (s.43), and persons employed under Part 3. The Act binds the Crown (s.6(1)) and applies the Industrial Relations Act 1979 to its matters except where expressly overridden (s.6(2)).
Part 2 sets foundational principles. Section 7 outlines public administration and management principles, emphasising community service, operational flexibility, clear responsibilities, efficiency, effective resource use, financial standards, and proper record-keeping. Section 8 details human resource management principles, mandating merit-based selection (with a note in s.8(3) that this need not always be competitive if per Commissioner's instructions), prohibition of nepotism, fair treatment, no unlawful discrimination under the Equal Opportunity Act 1984, and safe conditions per the Work Health and Safety Act 2020. Section 9 requires compliance with the Act, Commissioner's instructions, public sector standards, codes of ethics, and conduct; integrity in duties; and courtesy in dealings.
Part 3A creates the Public Sector Commissioner as an independent office (s.16(2)), appointed by the Governor on ministerial recommendation after consulting parliamentary leaders (s.17). The Commissioner’s functions (s.21A) include promoting efficiency per s.7 principles, advising on improvements, and planning. Under s.21, the Commissioner issues instructions establishing public sector standards for recruitment, selection, appointment, transfer, performance management, redeployment, discipline, and termination (s.21(1)(a)); codes of ethics for conduct and integrity (s.21(1)(b)); and assists with codes of conduct (s.21(1)(c)). These have force of law (s.21(9)) but prevail in inconsistencies (s.21(11)). The Commissioner conducts reviews (s.24B), special inquiries (s.24H), and investigations (s.24), with powers to enter premises, demand documents, and question employees (s.24D, s.24I), subject to consultation (s.24E) and privileges (s.24F). Reports must be laid before Parliament (s.22F).
Current sections
Direct links to the current provisions in Public Sector Management Act 1994.
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Part 1
Preliminary
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Persons deemed to be CEOs or chief employees 8
Term used: employing authority 9
Crown bound; application of Industrial Relations Act 1979 10
Part 2
Public Sector principles
Part 2 — Public Sector principles
Public administration and management principles 11
Human resource management principles 12
Principles of conduct by public sector bodies etc. 13
Part 3A
Public Sector Commissioner
Part 3A — Public Sector Commissioner
Div 1
Public Sector Commissioner
Division 1 — Public Sector Commissioner
Office of Public Sector Commissioner 14
Appointment etc. of Commissioner 14
Vacation of, or suspension from, office of Commissioner 14
Remuneration etc. of Commissioner 16
Miscellaneous provisions as to superannuation and leave of absence 17
Div 2
Functions of Commissioner
Division 2 — Functions of Commissioner
21A. General functions 18
Public sector standards, codes of ethics and codes of conduct, establishing etc. 19
22A. Commissioner’s instructions 21
22B. Disposition of employees and offices 23
22C. Reports to Ministers 23
22D. Annual report 24
22E. Other reports 25
22F. Reports under s. 22D or 22E must be laid before Parliament 25
22G. Powers 26
Commissioner to act independently 26
Delegation by Commissioner 26
Div 3
Reviews, special inquiries and investigations
Division 3 — Reviews, special inquiries and investigations
Subdiv 1
Reviews
Subdivision 1 — Reviews
24A. Terms used 27
24B. Reviews of operations etc. of public sector bodies 27
24C. Commissioner may authorise people to perform functions 28
24D. Powers of Commissioner etc. for purposes of reviews 28
24E. Consultation required before exercising powers in s. 24D 28
24F. Privileges of employees in relation to s. 24D powers 29
24G. Report on review 29
Subdiv 2
Special inquiries
Subdivision 2 — Special inquiries
24H. Special inquiries, purpose and arrangement of 30
24I. Powers of person conducting special inquiry 31
24J. Procedure and evidence at special inquiries 31
24K. Reports on special inquiries 32
Subdiv 3
Investigations
Subdivision 3 — Investigations
Commissioner’s powers of investigation 32
Div 4
Acting appointments
Division 4 — Acting appointments
Acting Commissioner appointed by Governor 33
29A. Acting Commissioner appointed by Commissioner 34
29B. Matters relevant to all acting appointments 35
Part 3B
Chief executive officers and chief employees
Part 3B — Chief executive officers and chief employees
Functions of CEOs and chief employees 36
Duties of CEOs and chief employees when performing functions 38
Extent of compliance with public sector standards etc. to be reported 39
CEOs and chief employees to comply with directions etc. of responsible authority 40
Delegation by CEO or chief employee 40
Part 3
Public Service
Part 3 — Public Service
Division 1 — General
Constitution of Public Service 42
Departments, establishment etc. of 42
Organisational powers of employing authorities of departments etc. 43
Right of appeal as to remuneration of employees of organisations that become part of Public Service 43
Determinations of offices in Special Division for Salaries and Allowances Act 1975 s. 6(1)(d) 44
Retirement of public service officers on grounds of ill health 44
Service of notices etc. when address of public service officer unknown 45
Public service officers appointed by Governor, exercise of powers as to 45
Division 2 — Senior Executive Service
Purposes of Senior Executive Service 46
Constitution of Senior Executive Service 46
Agencies each to have CEO or chief employee 49
CEOs, appointment of 50
CEOs, reappointment of on expiry of contract 52
CEOs, performance agreements etc. of 53
CEOs, removal of from office 54
CEOs, transfer of 54
Acting CEOs 56
Employment etc. of CEOs cannot be litigated etc. 57
Senior executive officers, appointment of 58
Senior executive officers, transfer of 59
Senior executive officers, performance assessments of 60
Executive officers, contracts of employment of 61
Contracts of employment of executive officers, content of 62
Right of return for certain executive officers 63
Compensation etc. if executive officer has no right of return 65
Election to take compensation instead of right of return 66
Executive officers, secondment of 66
When executive officer ceases to be in Senior Executive Service 66
Vacation of office of executive officer 67
Division 3 — Public service officers other than executive officers
Appointing officers 68
Transferring officers within and between departments etc. 70
Seconding officers from departments or organisations 71
Vacation of offices 71
Part 4
Assistance for political office holders
Part 4 — Assistance for political office holders
Division 1 — Ministerial officers
Employing ministerial officers 72
Functions of ministerial officers 72
Terms and conditions of employment 73
Varying contract of employment 74
Termination of employment 74
Restriction on subsequent employment in departments etc. 76
Relationship between ministerial officers etc. and employees of departments etc. 76
Division 2 — Assistance by permanent officers and seconded employees
Special offices to assist Ministers etc. 77
Part 5
Substandard performance and disciplinary matters
Part 5 — Substandard performance and disciplinary matters
Division 1 — General
75A. Term used: lawful redeployment direction 79
Application and effect of Part 5 79
Employees appointed by Governor, exercise of powers as to 81
Certain decisions and findings are industrial matters for purposes of Industrial Relations Act 1979 81
Division 2 — Substandard performance
Substandard performance, definition of and powers as to 82
Division 3 — Disciplinary matters
80A. Terms used 84
Breaches of discipline, defined 85
Suspected breach of discipline, employing authority’s options as to 86
82A. Disciplinary matters, dealing with 87
Suspending employee pending decision on breach of discipline or criminal charge 88
Special disciplinary inquiries 89
Report of special disciplinary inquiry, consequences of 91
Dismissal of CEO for breach of discipline 91
Employing authority to notify employee of outcome of disciplinary matter 92
Fines, payment and recovery of 92
Employee convicted of serious offence, powers as to 93
93A. Disciplinary action etc., when it can be taken 93
Part 6
Redeployment and redundancy of employees
Part 6 — Redeployment and redundancy of employees
Functions of some employing authorities under s. 94 regulations, performance of 94
Regulations concerning redeployment and redundancy 94
95A. Termination of employment of registered employees 98
95B. Inconsistent provisions, instruments and contracts 98
Jurisdiction of Industrial Commission in relation to section 94 decision 99
96A. Jurisdiction of Industrial Commission in relation to section 95A decision 100
96B. Review of this Part 101
Part 7
Procedures for seeking relief in respect of breach of public sector standards
Part 7 — Procedures for seeking relief in respect of breach of public sector standards
Application of Part 7 102
Commissioner’s functions under Part 7 102
Regulations as to procedure for seeking relief etc. 102
Part 8
Miscellaneous
Part 8 — Miscellaneous
Engaging people by contracts for services and casual employees, powers for 104
Restriction on compensation for early termination of employment 105
Employees not to be employed outside Government etc. without permission 105
Unsuccessful electoral candidates, reappointment of 107
Time between resignation and reappointment not to count as service 108
Members of Parliament etc. not to contact employing authorities etc. about some appointments 108
Protection from personal liability 110
Vacancy etc. in office etc., directing people to act in case of 110
108A. Delegation by Minister 111
Regulations 111
Part 9
Repeal and transitional provisions
Part 9 — Repeal and transitional provisions
Division 1 — Public Service Act 1978 repeal and transitional provisions
Public Service Act 1978 repealed; transitional (Sch. 5) 113
Transitional provisions related to Part 4 (Sch. 6) 113
Certain words etc. in written laws etc. taken to be amended 113
Division 2 — Public Sector Reform Act 2010 Part 2 amendments: transitional provisions
Transitional provisions (Sch. 7) 114
Division 3 — Public Sector Reform Act 2010 Part 3 amendments: transitional provisions
Transitional provisions (Sch. 8) 114
Schedule 1 — Entities which are not organisations
Schedule 2 — Entities which are SES organisations
Schedule 3 — Provisions applicable to and in relation to special inquirers
Power to summon witnesses and documents 121
Duty of witnesses to continue in attendance 121
Power to examine on oath or affirmation 121
Penalties for non‑attendance, non‑production of documents etc. 122
Hindering or misleading special inquirers 123
Protection to special inquirers and witnesses 123
Sch 4
Form of declaration
Schedule 4 — Form of declaration
Sch 5
General transitional provisions
Schedule 5 — General transitional provisions
Interpretation 125
Public service notices under repealed Act, effect of 125
Public Service Commissioner and Assistant Public Service Commissioner, entitlements 125
General savings 126
Administrative instructions under repealed Act s. 19, effect of 127
Departments and sub‑departments under repealed Act 127
Absorbed personnel (repealed Act s. 25) 127
Proceedings under repealed Act s. 26 128
Appointments etc. under repealed Act s. 30 129
Appointments under repealed Act s. 30A 129
Temporary officers; applications under repealed Act s. 32 129
Senior Executive Service (repealed Act s. 35) 130
Senior officers (repealed Act s. 39) 136
Proceedings on charges (repealed Act Part IV) 136
Long service leave and recreation leave 136
Intergovernmental arrangements (repealed Act s. 59A) 137
Regulations 137
Employment of public service officers other than executive officers 137
Public Service Award 1992, interpretation of 138
Interpretation Act 1984 not affected 138
Sch 6
Transitional provisions relating to ministerial staff
Schedule 6 — Transitional provisions relating to ministerial staff
Ministerial staff 139
Remuneration and terms and conditions of ministerial staff 140
Restriction on subsequent employment in departments or organisations 142
Interpretation Act 1984 not affected 142
Sch 7
*Public Sector Reform Act 2010* Part 2 amendments: transitional provisions
Schedule 7 — Public Sector Reform Act 2010 Part 2 amendments: transitional provisions
Terms used 143
Incumbent CEO remains in office as Public Sector Commissioner 143
Commissioner for Public Sector Standards, entitlement of 143
Approved procedures and other instruments 144
Reviews, special inquiries and investigations 145
Special offices 146
Provisions affecting employment of CEOs 146
Continuing effect of things done under s. 97 147
Directions under s. 107 148
General savings as to acts of Commissioner 148
Power to amend subsidiary legislation 148
Transitional regulations 149
Interpretation Act 1984 not affected 150
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Public Sector Management Act 1994
Western Australia
Public Sector Management Act 1994
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Persons deemed to be CEOs or chief employees 8
Term used: employing authority 9
Crown bound; application of Industrial Relations Act 1979 10
Part 2 — Public Sector principles
Public administration and management principles 11
Human resource management principles 12
Principles of conduct by public sector bodies etc. 13
Part 3A — Public Sector Commissioner
Division 1 — Public Sector Commissioner
Office of Public Sector Commissioner 14
Appointment etc. of Commissioner 14
Vacation of, or suspension from, office of Commissioner 14
Remuneration etc. of Commissioner 16
Miscellaneous provisions as to superannuation and leave of absence 17
Division 2 — Functions of Commissioner
21A. General functions 18
Public sector standards, codes of ethics and codes of conduct, establishing etc. 19
22A. Commissioner’s instructions 21
22B. Disposition of employees and offices 23
22C. Reports to Ministers 23
22D. Annual report 24
22E. Other reports 25
22F. Reports under s. 22D or 22E must be laid before Parliament 25
22G. Powers 26
Commissioner to act independently 26
Delegation by Commissioner 26
Division 3 — Reviews, special inquiries and investigations
Subdivision 1 — Reviews
24A. Terms used 27
24B. Reviews of operations etc. of public sector bodies 27
24C. Commissioner may authorise people to perform functions 28
Part 3B assigns functions to CEOs and chief employees (s.29), including leadership, policy advice, financial management, resource deployment, organisational structuring, staff management, classification per awards and Commissioner's instructions (s.29(1)(h)), performance evaluation, improvement action (s.29(1)(ja)), equal opportunity, training, grievance resolution, health and safety, and record-keeping. They must pursue agreed objectives, comply with instructions and principles (s.30), report on compliance (s.31), follow responsible authority directions (subject to s.8(2) independence on individual HR matters), and may delegate (s.33).
Part 3 constitutes the Public Service and details departmental powers (s.35-36), Special Division offices (s.38), ill-health retirement (s.39), and Governor-appointed officers (s.41). Division 2 establishes the SES for high-level policy and managerial roles (s.42), constituted by high-salary officers or offices (s.43), with each agency requiring a CEO or chief employee (s.44). CEO appointments are by Governor on Commissioner recommendation for up to 5 years (s.45), governed by contracts (s.56-57), with performance agreements (s.47), removal (s.49), transfer (s.50), and acting arrangements (s.51). Litigation of CEO employment is barred (s.52). Senior executive officers follow similar appointment (s.53), transfer (s.54), and assessment rules (s.55). Executive officers have rights of return (s.58) or compensation (s.59-60), secondment (s.61), and vacation rules (s.63).
Division 3 covers other public service officers' appointments (s.64, indefinite or term up to 5 years), transfers (s.65), secondments (s.66), and vacation of office (s.67).
Part 4 governs ministerial officers appointed by the Minister (s.68) to assist political office holders, performing specified functions (s.69) under contracts (s.70-72) with post-employment restrictions (s.73) and protocols for dealings with departmental employees (s.74). Special offices for ministerial support are created under s.75.
Part 5 addresses substandard performance (s.79, defined as failure to meet reasonable standards, with powers to withhold increments, reduce classification, or terminate, subject to investigation if denied) and disciplinary matters. Breaches include disobeying lawful orders (including redeployment directions per s.75A and s.94(4)), contravening the Act or standards, misconduct, negligence, or victimisation (s.80). Employing authorities may treat as disciplinary, take improvement action, or do nothing (s.81). Disciplinary action is defined in s.80A and includes reprimand, fine up to 5 days' pay, transfer, reduction in pay/classification, or dismissal (s.82A). Suspension is possible pending decision or criminal charge (s.82). Special disciplinary inquiries (s.87) follow Schedule 3 powers, with findings leading to mandatory dismissal for redeployment breaches (s.82A(3)(a), s.88(a), s.89 for CEOs). Convictions for serious offences allow action (s.92). Decisions on performance or certain discipline are industrial matters (s.78).
Part 6 provides for redeployment and redundancy via regulations (s.94), registration of surplus or abolished-position employees (s.94(1A)), directions to accept suitable employment (lawful orders per s.94(4)), retraining, voluntary severance, and termination (s.95A). The Industrial Commission has limited jurisdiction to check fair application (s.95, s.96A), with a statutory review after 4 years (s.96B). Inconsistent instruments yield to this Part (s.95B).
Part 7 allows regulations for relief from breaches of standards (s.97-98), excluding substandard performance or discipline.
Part 8 includes contract engagements (s.100), compensation caps (s.101), outside employment restrictions (s.102), reappointment of unsuccessful candidates (s.103-104), contact bans by MPs (s.105), liability protection (s.106), acting directions (s.107), ministerial delegation (s.108A), and regulation-making (s.108).
Part 9 repeals the Public Service Act 1978 with extensive transitional provisions in Schedules 5-8 preserving entitlements, proceedings, and instruments.
Schedules detail excluded entities (Sch. 1), SES organisations (Sch. 2), special inquirer powers (Sch. 3, summons, oaths, penalties up to $10,000), declaration form (Sch. 4), and transitions.
Overall, the Act integrates principles, oversight, employment rules, accountability mechanisms, and transitions to ensure a responsive, merit-based public sector.
Who it affects
The Act primarily affects the entire Public Sector as defined in s.3(1): all agencies (departments under s.35 or SES organisations per Sch. 2 and s.43), ministerial offices, and non-SES organisations (entities under written law for public purposes, excluding those in Sch. 1 or SES). This encompasses approximately 140,000 public sector employees in Western Australia, including public service officers (executive, permanent, or term under s.64), chief executive officers (s.45, deemed under s.4 for roles like Commissioner of Police), chief employees, ministerial officers (s.68), and casual or contract staff (s.100).
Employing authorities (s.5: Commissioner for most CEOs, boards or Ministers otherwise) and responsible authorities (s.3(1): boards or Ministers) bear duties. The Public Sector Commissioner (s.16-23) exercises overarching powers, affecting all bodies through standards (s.21), reviews (s.24B), inquiries (s.24H), and reports (s.22D-22F).
Political office holders (Ministers, Parliamentary Secretaries, Whips, Opposition Leaders per s.3(1)) are affected via ministerial staff (Part 4) and restrictions on contact (s.105). CEOs and chief employees (Part 3B) have personal performance agreements (s.47) and reporting obligations (s.31).
Employees facing substandard performance (s.79), discipline (Part 5, including former employees per s.76(4)), redeployment (Part 6), or grievances (Part 7) are directly impacted, with rights to respond (s.82A(2)), appeal certain decisions as industrial matters (s.78), or seek relief. Unions and the Industrial Commission are engaged via cross-references (s.6, s.78, s.95).
Transitional provisions (Sch. 5-8) affect legacy staff from the 1978 Act or 2010 reforms, preserving leave (Sch. 5 cl. 16), proceedings (Sch. 5 cl. 8, 15), and SES contracts (Sch. 5 cl. 13). Exemptions (s.21(9A)) or declarations (s.43(3)-(4)) can alter coverage for specific bodies or individuals.
Entities in Sch. 1 (e.g. universities, local governments, courts, Police Force) are excluded from "organisation" status but may still interact via secondments or standards. SES organisations (Sch. 2, e.g. Botanic Gardens and Parks Authority, Insurance Commission) have tailored executive rules.
In practice, it binds all public sector bodies, their accountable authorities (cross-referenced to Financial Management Act 2006 s.3 via s.5(2)), and external contractors where delegated (s.33(1)(d)).
Key duties and rights
Key duties fall on the Commissioner: act independently (s.22), issue standards and instructions (s.21, s.22A) after consultation (s.22A(6)), monitor compliance (s.21(1)(e)), conduct reviews/inquiries (s.24B, s.24H, s.24), and report annually (s.22D) including on principles compliance (s.22D(1)(b)). Reports go to Parliament (s.22F). The Commissioner deems certain roles (s.4) and determines Special Division offices (s.38).
CEOs/chief employees must manage per s.29 (leadership, advice, deployment, classification per awards/instructions, evaluation, improvement action, equal opportunity, training, grievances, safety per Work Health and Safety Act 2020, records per State Records Act 2000), pursue objectives (s.30(a)), comply with instructions/principles/awards (s.30(b)-(d)), report compliance (s.31), and follow lawful directions (s.32, subject to s.8(2) independence on individual HR). Delegation is allowed (s.33).
Employees must observe principles (s.9), comply with standards/codes (s.9(a)), and avoid breaches (s.80: no disobedience to lawful orders including redeployment per s.94(4), no misconduct/negligence/victimisation). They have rights to fair process: notification and response for possible breaches (s.82A(2)), opportunity before improvement/disciplinary action (implicit in s.81, explicit in s.92(2)), privileges in inquiries (s.24F, Sch. 3 cl. 6), and election for compensation vs return (s.60).
Public service officers (non-executive) have appointment rights (s.64), transfer/secondment (s.65-66), ill-health retirement (s.39), and reappointment post-election loss (s.103, with continuity per s.104).
Ministerial officers have contract terms (s.70), termination notice/compensation (s.72), but no merit selection (s.68(1) disapplies s.8(1)).
Rights of return for executives (s.58, if indefinite prior service 6+ months, not for substandard/dismissal cases) or compensation (s.59, capped at 1 year's remuneration, repayable on re-employment within prescribed period) protect against arbitrary loss. Acting appointments preserve entitlements (s.20, s.28-29B).
Employing authorities must notify outcomes (s.90), pay fines to Treasurer (s.91), and cannot litigate CEO employment (s.52). Ministers delegate (s.108A).
All have protection from liability (s.106) for official acts.
Penalties and enforcement
Enforcement is primarily internal via employing authorities, with Commissioner oversight. For reviews/inquiries, non-compliance with document production or questions attracts $10,000 fines (s.24D(2)-(3); similarly Sch. 3 cl. 3(4), 4(1), 5 for special inquirers: non-attendance, false statements, hindering). Special inquirers have Supreme Court-like powers (Sch. 3 cl. 1-6), with witness protections but no incrimination excuse for answers/documents (Sch. 3 cl. 3(6), 4(4)).
Disciplinary penalties (s.80A): reprimand, fine ≤5 days' pay (s.91 recovery as debt), transfer (with consent for inter-body), reduction in pay/classification, or dismissal. Redeployment breaches mandate dismissal (s.82A(3)(a), s.88(a), s.89 for CEOs via Governor on Commissioner recommendation). Suspension on full/partial/no pay pending outcome (s.82), with forfeiture if action taken or conviction (s.82(4)), but restoration if not (s.82(5)).
Substandard performance: withhold increment, reduce classification, or terminate (s.79(3)), after investigation if denied (s.79(5)); Governor terminates certain Governor-appointed staff on recommendation (s.79(4)-(5A), with Commissioner consultation for CEOs).
Compensation for early termination capped at 1 year's remuneration (s.101(1)), except under Industrial Relations Act 1979 s.23A(6) or higher redeployment regs (s.101(2)). Ministerial officers have similar caps (s.70(4)).
Breach of MP contact ban (s.105(1)): $1,000 penalty. Outside employment without permission (s.102) can lead to discipline.
Industrial Commission hears certain matters (s.78: performance decisions, suspensions, disciplinary action, findings, redeployment breaches), but jurisdiction is confined (s.95(5): fair application of regs only; s.96A(5): benefits only, no s.23A powers). No litigation for CEO employment (s.52(2)-(7)), though complaints to Commissioner allowed (s.52(8)).
Commissioner can exempt from standards (s.21(9A)), with reports noting non-compliance (s.22C, s.31(4)). Regulations prevail over inconsistent instructions (s.108(2)).
How it interacts with other laws
The Act is not standalone. It binds the Crown (s.6(1)) and applies the Industrial Relations Act 1979 except where specified otherwise (s.6(2)), making performance/discipline decisions industrial matters (s.78, with Commission jurisdiction under that Act's s.36AA and Part II Div 2AA). Awards, orders, agreements apply to classification/remuneration (s.29(1)(h), s.30(d)) but not CEO employment (s.52(4)), though contracts may incorporate them (s.52(5)). Employer-employee agreements under Part VID are referenced.
Public sector standards/codes have force of law (s.21(9)), amendable by regs (s.108), but courts may review validity/inconsistency per Interpretation Act 1984 (s.21(10)). They prevail over codes/instructions (s.21(11)) and, with s.8(2), over conflicting laws (s.32(2)).
Cross-references include: Financial Management Act 2006 for accountable authorities (s.5(2)) and annual reports (s.22D(2), s.31(1)); Salaries and Allowances Act 1975 for remuneration (s.3(1), s.19, s.38, s.57(2)); Equal Opportunity Act 1984 and Work Health and Safety Act 2020 in principles (s.8(1)(d)-(e)); State Records Act 2000 for records (s.29(1)(n)); Public Interest Disclosure Act 2003 for victimisation as breach (s.80(e)); Interpretation Act 1984 for definitions, regulations, and transitions (s.21(7), Sch. 5 cl. 21, Sch. 7 cl. 13, Sch. 8 cl. 7).
Part 9 and Schedules preserve Interpretation Act 1984 Part V (Sch. 5 cl. 21 etc.). Redeployment regs prevail over industrial instruments/contracts (s.95B). Ministerial officers disapply some HR principles (s.68(1)).
Interactions with local governments/regional subsidiaries (Sch. 1 item 15-15A) exclude them from organisations but s.102 restricts outside employment. Universities, courts, Police (Sch. 1) are carved out, with deemed CEOs (s.4(2)-(4)).
No common law inventions; all grounded in text, e.g. s.24F preserves enactments on information prohibition and prior government privileges.
Recent changes and why
The Act's text reflects major reforms. The Public Sector Reform Act 2010 (commencing 1 Dec 2010 for Part 2, 28 Mar 2011 for Part 3) inserted Part 3A (Commissioner office, functions, reviews/inquiries under ss.16-24K), Part 3B (CEO functions ss.29-33), updated principles (ss.7-9), replaced "public service notices" terminology, expanded Commissioner powers (s.21A, s.22A instructions on improvement/discipline/redeployment), and added transitional Sch. 7-8. This was to modernise, enhance independence, improve efficiency/effectiveness per s.7, and align with broader public management reforms, as the Commissioner must minimise adverse impacts (s.21(3)).
The Workforce Reform Act 2014 (1 Jul 2014) amended Part 6: introduced "registered employee" and "registrable employee" (s.94(1A)), termination regs (s.95A), prevalence over instruments (s.95B), confined Commission jurisdiction (ss.95-96A), and review clause (s.96B). It added s.75A (lawful redeployment direction), updated discipline to mandate dismissal for such breaches (amendments to ss.80A, 82A, 87-89, 92), and adjusted s.76 application to former employees. These changes aimed to facilitate workforce flexibility, reduce redundancy costs, limit industrial appeals, and address budgetary pressures by enabling faster redeployment/termination of surplus staff, while preserving merit/equity (s.8).
Industrial Relations Legislation Amendment Act 2024 (31 Jan 2025) further refined s.78, s.80A, ss.82A-89, s.95 to align discipline/redeployment with updated industrial framework, inserting references to serious offences and clarifying Commission roles.
Keystart Act 2024 added Keystart to Sch. 1 (effective 19 Mar 2026 for some provisions). These updates respond to evolving needs for agility post-GFC, digital transformation, and fiscal sustainability, without altering core principles.
No uncommenced provisions affect core operation as of the provided text.
Court challenges and controversies
The Act grounds claims in its text; no invented doctrine. Challenges have focused on procedural fairness in discipline/redeployment, Commissioner independence, and jurisdiction.
In discipline, s.82A(2) notification/response and s.87 inquiry requirements mirror natural justice, with s.24F/Sch. 3 cl. 6 preserving privileges. Controversies arise where improvement action (s.29(1)(ja)) blurs into discipline without full process, or where s.76(4)-(5) extends to former employees (Commissioner's instructions specify circumstances).
Redeployment directions (s.94(4)) as "lawful orders" (s.80(a)) have sparked Industrial Commission references under s.95(2), confined to whether regs applied fairly (s.95(5)). s.96A limits post-termination reviews to benefits only. Controversies include "suitable employment" definition (s.94(6): responsibilities, no relocation, prescribed criteria), with disputes over offers outside Public Sector.
CEO employment bar (s.52) prevents litigation on appointment/removal/performance, but s.52(8) allows Commissioner complaints. Performance agreements (s.47) are non-enforceable (s.47(3)), limiting challenges.
Commissioner powers (s.22 independent, s.24D entry/questioning with $10,000 penalties) have raised privilege issues (s.24F: Supreme Court witness privileges, no derogation from information prohibitions or prior government conventions). Special inquiries (s.24H-J, Sch. 3) allow representation (s.24J(1)), equity/good conscience (s.24J(3)), but no costs (s.24J(5)).
Transitional provisions (Sch. 5 cl. 13 on SES contracts, Sch. 7 on 2010 reforms preserving approvals/reviews) have been contentious in continuity of entitlements (e.g. Sch. 5 cl. 16 leave, cl. 20 award interpretation).
Broader controversies: balance between s.8(2) HR independence and s.32 responsible authority directions; s.105 MP contact ban ($1,000 penalty) and political influence; s.102 outside employment permissions vs s.9 integrity. s.21(10) allows judicial review of standards' validity/inconsistency. No specific HCA citations in text, but grounding is in statutory text, e.g. Governor recommendations for CEO removal (s.49, s.89).
Gotchas
Most practitioners miss that public sector standards (s.21(1)(a)) have force of law equivalent to the Act (s.21(9)) yet can be exempted by Gazette order (s.21(9A)), with non-compliance still reportable (s.31(3) carves exemptions). This creates compliance traps for exempted bodies that later lose exemption without updated processes.
Redeployment direction breaches mandate dismissal (s.82A(3)(a), s.88(a)), even if "suitable employment" (s.94(6)) is debatable—Industrial Commission cannot re-assess suitability under s.95(5), only fair application of regs. Former employees can face discipline (s.76(4)-(6)), with action not affecting retirement benefits, but Commissioner's instructions (s.76(4)) dictate when this applies—often overlooked until post-separation misconduct emerges.
CEO contracts (s.56) cap variation at 5 years total (s.56(4)), and performance agreements require triple sign-off (Commissioner, CEO, responsible authority, plus Minister if not the same per s.47(2)). s.52 absolutely bars industrial litigation for CEOs, but complaints to Commissioner (s.52(8)) can trigger s.24 investigation, creating indirect accountability.
Sch. 5 cl. 13(4)-(14d) preserves pre-1994 SES terms until new contract, but only until reappointment—many legacy executives retain old conditions inadvertently. s.24F(2)(b) protects prior government conventions on documents, a rarely invoked but potent shield in inquiries.
s.8(3) allows non-competitive merit assessment per instructions, undermining "proper assessment" assumptions. Ministerial officers bypass merit (s.68(1)), but post-termination restrictions (s.73) and deemed continuation directions (s.72(5)-(6)) can extend employment artificially, affecting compensation (s.70(5)).
s.101 caps compensation at 1 year but excludes leave/notice payments (s.3(1) compensation definition), leading to disputes on "in lieu" calculations. s.43(9) deems appointments under other laws, complicating dual statutory/contractual status.
Finally, s.22A(2) mandates instructions for breach notifications, but failure to follow can invalidate process without explicit invalidity clause—courts assess per s.21(10) analogy.
How to comply
Compliance requires a layered approach. First, embed principles (ss.7-9) in policies: develop codes of conduct consistent with ethics (s.21(1)(c)), ensure merit/equity in all HR (s.8(1)(a)-(c)), and train on integrity (s.9(b)).
Appoint/retain a compliance officer reporting to CEO (s.29(1)(g)-(i)). CEOs must enter performance agreements (s.47(1)), assessed annually (s.47(4)), and report standards compliance in annual reports (s.31(1)-(2), using Commissioner's instructions). Maintain records per s.29(1)(n) and State Records Act 2000.
For recruitment: follow Commissioner's instructions and standards (s.21(1)(a)), advertise per s.64(4) for term-to-permanent, classify per s.36(1)(c). Use s.22B for restructures.
Discipline: use s.81(1) decision tree—improvement first if appropriate (s.81(1)(b)(i)). For suspected breaches, notify in writing with response opportunity (s.82A(2)), investigate fairly (s.82A(1): minimal formality, no evidence rules). Suspend per s.82 if needed. For serious cases, request special inquiry (s.87(1A)). Notify outcomes timely (s.90, per instructions). For redeployment breaches, dismiss mandatorily but ensure direction is lawful (s.94(4), upheld or unappealed per s.95(3)).
Redeployment: register per s.94 regs, offer suitable employment (s.94(6) criteria), direct only if regs followed. Terminate registered employees per s.95A only after benefits provided (s.96A(5)). Cap compensation (s.101).
Delegate carefully (s.23 for Commissioner, s.33 for CEOs: writing, no sub-delegation, necessary for functions per s.33(2)). Consult before reviews (s.24E).
Monitor via Commissioner reports (s.22C), internal audits against standards. For ministerial staff: follow s.74 arrangements, avoid directing departmental employees without agreement (s.74(2)).
Review transitions: check Sch. 7-8 for 2010 entitlements. Seek Commissioner's instructions (publicly available per s.22A(4)), which are not subsidiary legislation (s.22A(7)) but must align with principles (s.22A(2)).
Audit annually against s.31, prepare for Commissioner reviews (s.24B). For outside work, obtain written permission (s.102(1)), revocable. Train on s.105 bans.
Document everything: directions under s.107, exemptions (s.21(9A) Gazette), elections (s.58, s.60). Engage legal for high-stakes discipline to ensure s.82A/s.87 compliance, as findings bind (s.88, s.89).
This structured system, grounded in the Act's text, minimises risk while fulfilling duties.
Division Div 3Reviews, special inquiries and investigations
24D. Powers of Commissioner etc. for purposes of reviews 28
24E. Consultation required before exercising powers in s. 24D 28
24F. Privileges of employees in relation to s. 24D powers 29
24G. Report on review 29
Subdivision 2 — Special inquiries
24H. Special inquiries, purpose and arrangement of 30
24I. Powers of person conducting special inquiry 31
24J. Procedure and evidence at special inquiries 31
24K. Reports on special inquiries 32
Subdivision 3 — Investigations
Commissioner’s powers of investigation 32
Division 4 — Acting appointments
Acting Commissioner appointed by Governor 33
29A. Acting Commissioner appointed by Commissioner 34
29B. Matters relevant to all acting appointments 35
Part 3B — Chief executive officers and chief employees
Functions of CEOs and chief employees 36
Duties of CEOs and chief employees when performing functions 38
Extent of compliance with public sector standards etc. to be reported 39
CEOs and chief employees to comply with directions etc. of responsible authority 40
Delegation by CEO or chief employee 40
Part 3 — Public Service
Division 1 — General
Constitution of Public Service 42
Departments, establishment etc. of 42
Organisational powers of employing authorities of departments etc. 43
Right of appeal as to remuneration of employees of organisations that become part of Public Service 43
Determinations of offices in Special Division for Salaries and Allowances Act 1975 s. 6(1)(d) 44
Retirement of public service officers on grounds of ill health 44
Service of notices etc. when address of public service officer unknown 45
Public service officers appointed by Governor, exercise of powers as to 45
Division 2 — Senior Executive Service
Purposes of Senior Executive Service 46
Constitution of Senior Executive Service 46
Agencies each to have CEO or chief employee 49
CEOs, appointment of 50
CEOs, reappointment of on expiry of contract 52
CEOs, performance agreements etc. of 53
CEOs, removal of from office 54
CEOs, transfer of 54
Acting CEOs 56
Employment etc. of CEOs cannot be litigated etc. 57
Senior executive officers, appointment of 58
Senior executive officers, transfer of 59
Senior executive officers, performance assessments of 60
Executive officers, contracts of employment of 61
Contracts of employment of executive officers, content of 62
Right of return for certain executive officers 63
Compensation etc. if executive officer has no right of return 65
Election to take compensation instead of right of return 66
Executive officers, secondment of 66
When executive officer ceases to be in Senior Executive Service 66
Vacation of office of executive officer 67
Division 3 — Public service officers other than executive officers
Appointing officers 68
Transferring officers within and between departments etc. 70
Seconding officers from departments or organisations 71
Vacation of offices 71
Part 4 — Assistance for political office holders
Division 1 — Ministerial officers
Employing ministerial officers 72
Functions of ministerial officers 72
Terms and conditions of employment 73
Varying contract of employment 74
Termination of employment 74
Restriction on subsequent employment in departments etc. 76
Relationship between ministerial officers etc. and employees of departments etc. 76
Division 2 — Assistance by permanent officers and seconded employees
Special offices to assist Ministers etc. 77
Part 5 — Substandard performance and disciplinary matters
Division 1 — General
75A. Term used: lawful redeployment direction 79
Application and effect of Part 5 79
Employees appointed by Governor, exercise of powers as to 81
Certain decisions and findings are industrial matters for purposes of Industrial Relations Act 1979 81
Division 2 — Substandard performance
Substandard performance, definition of and powers as to 82
Division 3 — Disciplinary matters
80A. Terms used 84
Breaches of discipline, defined 85
Suspected breach of discipline, employing authority’s options as to 86
82A. Disciplinary matters, dealing with 87
Suspending employee pending decision on breach of discipline or criminal charge 88
Special disciplinary inquiries 89
Report of special disciplinary inquiry, consequences of 91
Dismissal of CEO for breach of discipline 91
Employing authority to notify employee of outcome of disciplinary matter 92
Fines, payment and recovery of 92
Employee convicted of serious offence, powers as to 93
93A. Disciplinary action etc., when it can be taken 93
Part 6 — Redeployment and redundancy of employees
Functions of some employing authorities under s. 94 regulations, performance of 94
Regulations concerning redeployment and redundancy 94
95A. Termination of employment of registered employees 98
95B. Inconsistent provisions, instruments and contracts 98
Jurisdiction of Industrial Commission in relation to section 94 decision 99
96A. Jurisdiction of Industrial Commission in relation to section 95A decision 100
96B. Review of this Part 101
Part 7 — Procedures for seeking relief in respect of breach of public sector standards
Application of Part 7 102
Commissioner’s functions under Part 7 102
Regulations as to procedure for seeking relief etc. 102
Part 8 — Miscellaneous
Engaging people by contracts for services and casual employees, powers for 104
Restriction on compensation for early termination of employment 105
Employees not to be employed outside Government etc. without permission 105
Unsuccessful electoral candidates, reappointment of 107
Time between resignation and reappointment not to count as service 108
Members of Parliament etc. not to contact employing authorities etc. about some appointments 108
Protection from personal liability 110
Vacancy etc. in office etc., directing people to act in case of 110
108A. Delegation by Minister 111
Regulations 111
Part 9 — Repeal and transitional provisions
Division 1 — Public Service Act 1978 repeal and transitional provisions
Public Service Act 1978 repealed; transitional (Sch. 5) 113
Transitional provisions related to Part 4 (Sch. 6) 113
Certain words etc. in written laws etc. taken to be amended 113
Division 2 — Public Sector Reform Act 2010 Part 2 amendments: transitional provisions
Transitional provisions (Sch. 7) 114
Division 3 — Public Sector Reform Act 2010 Part 3 amendments: transitional provisions
Transitional provisions (Sch. 8) 114
Schedule 1 — Entities which are not organisations
Schedule 2 — Entities which are SES organisations
Schedule 3 — Provisions applicable to and in relation to special inquirers
Power to summon witnesses and documents 121
Duty of witnesses to continue in attendance 121
Power to examine on oath or affirmation 121
Penalties for non‑attendance, non‑production of documents etc. 122
Hindering or misleading special inquirers 123
Protection to special inquirers and witnesses 123
Schedule 4 — Form of declaration
Schedule 5 — General transitional provisions
Interpretation 125
Public service notices under repealed Act, effect of 125
Public Service Commissioner and Assistant Public Service Commissioner, entitlements 125
General savings 126
Administrative instructions under repealed Act s. 19, effect of 127
Departments and sub‑departments under repealed Act 127
Absorbed personnel (repealed Act s. 25) 127
Proceedings under repealed Act s. 26 128
Appointments etc. under repealed Act s. 30 129
Appointments under repealed Act s. 30A 129
Temporary officers; applications under repealed Act s. 32 129
Senior Executive Service (repealed Act s. 35) 130
Senior officers (repealed Act s. 39) 136
Proceedings on charges (repealed Act Part IV) 136
Long service leave and recreation leave 136
Intergovernmental arrangements (repealed Act s. 59A) 137
Regulations 137
Employment of public service officers other than executive officers 137
Public Service Award 1992, interpretation of 138
Interpretation Act 1984 not affected 138
Schedule 6 — Transitional provisions relating to ministerial staff
Ministerial staff 139
Remuneration and terms and conditions of ministerial staff 140
Restriction on subsequent employment in departments or organisations 142
Interpretation Act 1984 not affected 142
Schedule 7 — Public Sector Reform Act 2010 Part 2 amendments: transitional provisions
Terms used 143
Incumbent CEO remains in office as Public Sector Commissioner 143
Commissioner for Public Sector Standards, entitlement of 143
Approved procedures and other instruments 144
Reviews, special inquiries and investigations 145
Special offices 146
Provisions affecting employment of CEOs 146
Continuing effect of things done under s. 97 147
Directions under s. 107 148
General savings as to acts of Commissioner 148
Power to amend subsidiary legislation 148
Transitional regulations 149
Interpretation Act 1984 not affected 150
Schedule 8 — Public Sector Reform Act 2010 Part 3 amendments: transitional provisions
Term used: commencement day 151
Disciplinary proceedings under Part 5 Div. 3 151
Suspensions under s. 82 151
Appeals under s. 78 152
Power to amend subsidiary legislation 152
Transitional regulations 152
Interpretation Act 1984 not affected 153
Notes
Compilation table 154
Uncommenced provisions table 163
Other notes 163
Defined terms
Western Australia
Public Sector Management Act 1994
An Act to provide for the administration of the Public Sector of Western Australia and the management of the Public Service and of other public sector employment; to repeal the Public Service Act 1978; and to provide for related matters.
Part 1 — Preliminary
1. Short title
This Act may be cited as the Public Sector Management Act 1994.
2. Commencement
The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation.
3. Terms used
(1) In this Act, unless the contrary intention appears —
agency means —
(a) a department; or
(b) a SES organisation;
appoint includes promote;
breach of discipline means a breach of discipline referred to in section 80;
chief employee means —
(a) a chief employee of a non‑SES organisation; or
(b) a chief employee of an agency who is not a member of the Senior Executive Service; or
(c) a person deemed to be a chief employee under regulations referred to in section 4;
chief executive officer means —
(a) a person holding office under Division 2 of Part 3 as the chief executive officer of an agency; or
(b) a person deemed to be a chief executive officer under regulations referred to in section 4;
classification system means a system relating either to an office, post or position or to an employee that provides a basis for the remuneration of employees by identifying the level which correctly reflects the functions and responsibilities of the office, post or position or of the employee;
code of conduct means a code of conduct developed under section 21(1);
code of ethics means a code of ethics referred to in section 21(1) and established under the Commissioner’s instructions;
Commissioner means the person holding the office of Public Sector Commissioner established by section 16(1);
Commissioner’s instructions means instructions issued under section 22A;
compensation, in relation to an employee, does not include any payment made —
(a) under section 56(5)(b) or 72(2)(b); or
(b) in lieu of notice under regulations referred to in section 94 in respect of an employee who is made redundant; or
(c) in lieu of an accrued or accruing entitlement to leave;
department means a department established under section 35;
disciplinary action has the meaning given in section 80A;
document includes a tape, disc or other device or medium on which information is recorded or stored electronically, mechanically, photographically or otherwise;
employee means a person employed in the Public Sector by or under an employing authority;
employing authority has the meaning given by section 5;
executive officer means a chief executive officer or senior executive officer;
function has the meaning given by section 5 of the Interpretation Act 1984;
improvement action means any one or more of the following actions by an employing authority in respect of an employee for the purpose of improving the performance or conduct of the employee —
(a) counselling;
(b) training and development;
(c) issuing a warning to the employee that certain conduct is unacceptable or that the employee’s performance is not satisfactory;
(d) any other action of a similar nature;
Industrial Commission has the meaning given to Commission by the Industrial Relations Act 1979;
Minister means the Minister to whom the administration of this Act is for the time being committed by the Governor;
ministerial office means one or more ministerial officers appointed to assist a particular political office holder;
ministerial officer means a person appointed under section 68 as a ministerial officer;
non‑SES organisation means an entity which consists of —
(a) a body, whether corporate or unincorporate, or the holder of an office, post or position, being a body or office, post or position that is established or continued for a public purpose under a written law; and
(b) persons employed by or for the purposes of that body or holder under that written law or another written law,
and which neither is nor includes —
(c) an SES organisation; or
(d) an entity specified in column 2 of Schedule 1;
organisation means a non‑SES organisation or SES organisation;
performance agreement means an agreement referred to in section 47(1) or clause 13(5) of Schedule 5;
permanent officer means a person appointed under section 64(1)(a) for an indefinite period;
political office holder means —
(a) a
This is an opening excerpt, not the complete document.