What it does
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).