Sch 3Provisions applicable to and in relation to special inquirers

Schedule 3 — Provisions applicable to and in relation to special inquirers [s. 24I(2), 24(1) and 87(1)] [Heading amended: No. 19 of 2010 s. 4; No. 39 of 2010 s. 69.] 1. Power to summon witnesses and documents A special inquirer may cause a summons in writing under his or her hand to be served on a person requiring the person to attend the special inquiry concerned, at a time and place named in that summons, and then and there to give evidence and to produce any books, documents or writings in his or her control or custody which the person is required by that summons to produce. 2. Duty of witnesses to continue in attendance A person who has been served with a summons under clause 1 shall, unless excused by the special inquirer, attend as required by the summons and report himself or herself to the special inquirer from day to day until released from further attendance by the special inquirer. 3. Power to examine on oath or affirmation (1) A special inquirer may administer an oath to any person appearing as a witness before the special inquirer, whether the witness has been served with a summons under clause 1 or appears without having been so served, and may examine the witness on oath. (2) If a witness to be examined before a special inquirer conscientiously objects to taking an oath, the witness may make an affirmation that he or she so objects and that he or she will state the truth, the whole truth and nothing but the truth to all questions that may be asked of him or her. (3) An affirmation made under subclause (2) is of the same force and effect and entails the same liabilities as an oath. (4) A person who, without reasonable excuse, refuses or fails — (a) to be sworn or make an affirmation; or (b) to answer a question, when required to do so by a special inquirer commits an offence and is liable to a penalty of $10 000. (5) In subclause (4), subject to subclause (6) — reasonable excuse means, in respect of a refusal or failure, such excuse as would excuse a refusal or failure of a similar nature by a witness, or person summoned as a witness, before the Supreme Court. (6) Notwithstanding clause 6, a person is not excused from answering any question when required to do so by a special inquirer on the ground that the answer to the question might incriminate or tend to incriminate the person or render the person liable to a penalty, but that answer is not admissible in evidence against the person who gives it in any proceedings, whether civil or criminal, in any court. [Clause 3 amended: No. 35 of 2014 s. 37(4).] 4. Penalties for non‑attendance, non‑production of documents etc. (1) A person who, having been served with a summons under clause 1, does not without reasonable excuse — (a) attend as required by the summons and clause 2; or (b) produce any books, documents or writings in his or her control or custody which he or she was required by the summons to produce, commits an offence and is liable to a penalty of $10 000. (2) It is a defence to a prosecution for an offence under subclause (1) for, without reasonable excuse, not producing any books, documents or writings if the accused proves that the books, documents or writings were not relevant to the special inquiry. (3) In this clause, subject to subclause (4) — reasonable excuse means, in respect of an act or omission, such excuse as would excuse an act or omission of a similar nature by a witness, or person summoned as a witness, before the Supreme Court. (4) Notwithstanding clause 6, a person is not excused from producing any books, documents or writings as required by a summons served under clause 1 on the ground that the production of the books, documents or writings might incriminate or tend to incriminate the person or render the person liable to a penalty. [Clause 4 amended: No. 84 of 2004 s. 82; No. 35 of 2014 s. 37(5).] 5. Hindering or misleading special inquirers (1) A person who hinders or obstructs a special inquirer in the exercise of any power conferred on him or her by this Act commits an offence and is liable to a penalty of $10 000. (2) A person who makes a statement or gives an answer which the person knows to be false or misleading in a material particular to a special inquirer acting in the exercise of any power conferred on him or her by this Act commits an offence and is liable to a penalty of $10 000. [Clause 5 amended: No. 35 of 2014 s. 37(6).] 6. Protection to special inquirers and witnesses (1) A special inquirer has in the performance of his or her functions as a special inquirer the same protection and immunity as a Judge has in the performance of his or her functions as a Judge. (2) A witness summoned to attend or appearing before a special inquirer has the same protection and is, in addition to the penalties provided by clauses 3(4), 4(1) and 5, subject to the same liabilities in any civil or criminal proceeding as a witness in any case tried in the Supreme Court. Schedule 4 — Form of declaration [s. 17(4)] [Heading inserted: No. 39 of 2010 s. 64.] I, .................................................................................., sincerely promise and declare that, according to the best of my skill and ability, I will faithfully, impartially and truly execute the office and perform the functions of Public Sector Commissioner according to law. ......................................... ......................... (Signature of declarant) (Date) [Schedule 4 inserted: No. 39 of 2010 s. 64.] Schedule 5 — General transitional provisions [s. 108 and 110(2)] 1. Interpretation In this Schedule, a reference to — (a) the Commissioner is a reference to the Commissioner; or (b) the Assistant Commissioner is a reference to the Assistant Commissioner, within the meaning of the repealed Act. 2. Public service notices under repealed Act, effect of (1) Subject to Schedule 7 clause 4(6), any public service notices having effect under the repealed Act immediately before the commencement of this clause continue in effect, with such modifications as are necessary, after that commencement as if they were public service notices having effect under this Act until repealed by public service notices so having effect. (2) The repeal under subclause (1) of any public service notices shall be accompanied on the day of that repeal by a notification of that repeal made by the Minister in public service notices. [Clause 2 amended: No. 39 of 2010 s. 65(1).] 3. Public Service Commissioner and Assistant Public Service Commissioner, entitlements (1) Until the expiry date of his or her contract of service in force immediately before the commencement of this clause, the Commissioner or the Assistant Commissioner is entitled to employment in the Public Service at the same level of classification as he or she held under that contract of service. (2) If the Commissioner or the Assistant Commissioner, immediately before his or her appointment under section 6(1) or 6(3), as the case requires, of the repealed Act, held an office in the Public Service under and subject to the repealed Act, he or she is entitled to employment in the Public Service, at a level of classification determined by the Governor, on and from the expiry date referred to in subclause (1). (3) The level of classification determined under subclause (2) shall not be lower than the level that the person concerned held immediately before being appointed to the office of Commissioner or Assistant Commissioner, as the case may be. (4) A person who has an entitlement under subclause (2) to employment may elect in writing to take compensation under section 59 instead of exercising that entitlement. (5) On an election under subclause (4) taking effect, the person concerned — (a) ceases to have the entitlement under subclause (2); and (b) becomes entitled to compensation in accordance with section 59 as if he or she were a person to whom that section applied. 4. General savings Subject to this Act — (a) an office created under section 14(3) of the repealed Act and in existence immediately before the commencement of this clause continues in existence after that commencement as if created under this Act; and (b) any classification of offices or work in existence under section 14(3) of the repealed Act immediately before the commencement of this clause continues in existence after that commencement as if done under this Act; and (c) any officer appointed and holding office under section 14(3) of the repealed Act immediately before the commencement of this clause continues to hold office after that commencement as if employed under Part 3 as a public service officer; and (d) any determination under section 14(3) of the repealed Act of remuneration — (i) applicable to particular offices or classes of office; or (ii) for officers, and of the conditions under which that remuneration is payable, which was in force immediately before the commencement of this clause continues in force after that commencement as if made under this Act in respect of the relevant offices or classes of office, or public service officers, as the case requires. 5. Administrative instructions under repealed Act s. 19, effect of (1) Administrative instructions which were in operation under section 19 of the repealed Act immediately before the commencement of this clause continue in operation, with such modifications as are necessary, after that commencement until repealed by — (a) a Commissioner’s instruction; or [(b) deleted] (c) regulations made under section 108. (2) The repeal under subclause (1) of any administrative instructions shall be accompanied on the day of that repeal by a notification of that repeal made by the Commissioner in a notice published as a public sector notice in accordance with the Commissioner’s instructions. [Clause 5 amended: No. 39 of 2010 s. 65(2) and (3).] 6. Departments and sub‑departments under repealed Act (1) A department in existence under section 21 of the repealed Act immediately before the commencement of this clause continues in existence, subject to this Act, as a department under this Act. (2) A sub‑department in existence under section 22 of the repealed Act immediately before the commencement of this clause is abolished and, after that commencement, its officers and offices within the meaning of the repealed Act continue, subject to this Act, within the department of which that sub‑department formed a part. 7. Absorbed personnel (repealed Act s. 25) (1) If section 25 of the repealed Act applied to an appointment or right of appeal referred to in that section immediately before the commencement of this clause, section 37 applies after that commencement to — (a) that appointment as if that appointment were an appointment to which section 37(1); or (b) that right of appeal as if that right of appeal were a right of appeal to which section 37(2), of this Act applies. (2) Without limiting the generality of subclause (1), any proceedings in respect of a right of appeal to which section 25 of the repealed Act applied which were pending immediately before the commencement of this clause may be heard and determined as if they were proceedings in respect of a right of appeal to which section 37(2) applies. 8. Proceedings under repealed Act s. 26 (1) If proceedings under section 26 of the repealed Act (including any appeal referred to in subsection (5) of that section) have not been — (a) completed under that section; or before the commencement of this clause, the repealed Act continues to apply to and in relation to those proceedings as if this Act had not been enacted until those proceedings are completed or abandoned. (2) An increment of remuneration which was being withheld under section 26(3)(a) of the repealed Act immediately before the commencement of this clause shall, subject to the outcome of any appeal referred to in section 26(5) of the repealed Act, continue to be withheld for the remainder of the period for which it would, but for the repeal of the repealed Act, have been withheld. (3) For the purposes of this clause, a reference in section 26 of the repealed Act to the Commissioner shall be construed as a reference to the employing authority of the public service officer concerned. (4) This Act applies to the result of proceedings completed under this clause as if that result had occurred under section 79. 9. Appointments etc. under repealed Act s. 30 Subject to this Act, an appointment or engagement made under section 30 of the repealed Act and subsisting immediately before the commencement of this clause continues in force, after that commencement, as if — (a) in the case of the appointment of an officer — (i) on a full‑time or part‑time basis, that appointment had been made under section 64; or (ii) on a casual basis, that appointment had been made under section 100(2); or (b) that engagement had been made under section 100(1). 10. Appointments under repealed Act s. 30A (1) If an appointment of a person made under section 30A of the repealed Act subsists immediately before the commencement of this clause — (a) the appointment continues in force; and (b) the person has the same right of reappointment or appointment, after that commencement, as if section 30A of the repealed Act were still in force. (2) For the purposes of subclause (1), a reference in section 30A of the repealed Act to the Commissioner is a reference to the employing authority of the person concerned. [**11.** Deleted: No. 1 of 1995 s. 35.] 12. Temporary officers; applications under repealed Act s. 32 (1) A person who was, immediately before the commencement of this clause, a temporary officer within the meaning of the repealed Act is a term officer whose term of appointment expires 3 months after that commencement. (2) If an application made under section 32 of the repealed Act has not been — (a) determined under that section; or before the commencement of this clause, that section continues to apply to and in relation to that application as if this Act had not been enacted and references in that section to the Commissioner were references to the relevant employing authority within the meaning of this Act. (3) If an application referred to in subclause (2) is granted, the applicant becomes, subject to the outcome of any appeal referred to in section 32(2) of the repealed Act, by virtue of that grant a permanent officer within the meaning of this Act. 13. Senior Executive Service (repealed Act s. 35) (1) After the commencement of this clause, the Senior Executive Service referred to in section 35 of the repealed Act continues in existence under Division 2 of Part 3. (2) A declaration in force under section 35(3) or (5) of the repealed Act immediately before the commencement of this clause continues in force after that commencement as if it were a declaration in force under section 43(3) or (4) and may be repealed or amended accordingly. (3) A person who was, immediately before the commencement of this clause — (a) serving in a department, sub‑department or organisation within the meaning of the repealed Act; and (b) employed by the Commissioner by virtue of section 35(8) of the repealed Act, is, after that commencement, an executive officer employed by the relevant employing authority under this Act, and references to the Commissioner in any current contract of employment between that person and the Commissioner shall for that purpose be construed as references to that employing authority. (4) A person who becomes by virtue of subclause (3) an executive officer retains, despite any provision of this Act but subject to Part 6 and regulations referred to in sections 94 and 95A, his or her terms and conditions of service as if the repealed Act had not been repealed, and sections 52, 56 and 57 do not apply to him or her, until the person is — (a) in the case of a chief executive officer, reappointed to the office that he or she was holding when this clause commenced or appointed to another office of chief executive officer or to the performance of other functions in the Senior Executive Service; or (b) in the case of a senior executive officer, reappointed to the office that he or she was holding when this clause commenced or appointed to another office, or to the performance of other functions, in the Senior Executive Service, and enters into a contract of employment under Division 2 of Part 3. (4a) A contract referred to in subclause (3) in respect of a person who immediately before the commencement of this clause was a chief executive officer, or of a person referred to in subclause (14b), may be varied at any time by a further contract in writing entered into, and signed by, the person and the person’s employing authority but — (a) the term of the original contract cannot be extended; and (b) any variance of the remuneration to be accorded to the person must be in accordance with the arrangements prescribed for the purposes of section 57(1)(b). (5) A person who becomes by virtue of subclause (3) a chief executive officer shall, within 12 months after the commencement of this clause and as soon as practicable after the commencement of each financial year afterwards, enter in accordance with approved procedures into an agreement with the responsible authority of his or her agency concerning the performance criteria to be met by the chief executive officer during the period to which that agreement relates, and section 47(2), (3) and (4) applies with any necessary modifications to and in relation to that person. (6) When the term of office of a person who becomes by virtue of subclause (3) an executive officer expires or is terminated and that person is neither reappointed nor appointed as referred to in subclause (4)(a) or (b), whichever is applicable, that person is entitled to employment in a department or organisation at the same level of classification as he or she held immediately before the expiry or termination of that term of office. (7) When the term of office of a person who becomes by virtue of subclause (3) an executive officer, and who enters into a contract of employment as referred to in subclause (4), expires or is terminated and that person — (a) in the case of a chief executive officer, is neither reappointed to the same office of chief executive officer nor appointed to another office of chief executive officer or to the performance of other functions in the Senior Executive Service; or (b) in the case of a senior executive officer, is neither reappointed to the same office of senior executive officer nor appointed to another office of senior executive officer or to the performance of other functions in the Senior Executive Service, that person is entitled to employment in a department or organisation at the same level of classification as he or she held immediately before entering into that contract of employment. (8) A person who has an entitlement under subclause (6) or (7) to employment may elect in writing to take compensation under section 59 instead of exercising that entitlement. (9) On an election under subclause (8) taking effect, the person concerned — (a) ceases to have the entitlement under subclause (6) or (7); and (b) becomes entitled to compensation under section 59 as if he or she were a person to whom that section applied. (10) A person is not entitled to employment in a department or organisation under subclause (6) or (7) if — (a) his or her employment in the Public Sector was terminated under this Act for substandard performance or he or she was dismissed under this Act for breach of discipline; or (b) he or she held, immediately before the commencement of this clause, an appointment under section 41(1)(b) or 42C(2)(b) of the repealed Act; or (c) he or she, being the holder of an office referred to in section 6(1)(d) or (e) of the *Salaries and Allowances Act 1975* — (i) does not elect to retain a right of return under section 58; or (ii) revokes an election under section 58(2)(c). (11) A person — (a) who held, immediately before the commencement of this clause, an appointment under section 41(1)(b) or 42C(2)(b) of the repealed Act; and (b) whose contract of employment is, after the commencement of this clause, terminated otherwise than by the effluxion of time, is entitled to such compensation, if any, as the Minister determines. (12) A person is not entitled to compensation under subclause (11) if his or her employment in the Public Sector was terminated under this Act for substandard performance or he or she was dismissed under this Act for breach of discipline. (13) The maximum compensation payable to a person under subclause (11) is an amount equal to the remuneration to which the person is entitled for the period of one year ending immediately before the day on which his or her contract of employment was terminated. (14) A person to whom compensation is paid under subclause (11) and who is subsequently — (a) employed in a department or organisation; or (b) engaged by an employing authority under a contract for services, whether under section 100(1) or another written law, before the expiry of such period commencing on the payment of the compensation as is prescribed in relation to the amount of the compensation shall forthwith refund to the Treasurer of the State an amount that bears to the amount of the compensation the same proportion as the unexpired portion of that period bears to that period, and section 59(5) applies with any necessary modifications to and in relation to that person. (14a) If the process of appointing or reappointing a chief executive officer under Division 2, Part III of the repealed Act has been commenced but not completed or discontinued before the commencement of this clause, that Division continues to apply to that process as if this Act had not been enacted. (14b) Subclause (3) applies to a person who is appointed under a process referred to in subclause (14a) if, on being appointed, the person becomes an employee of the Commissioner by virtue of section 35(8) of the repealed Act. (14c) Subclause (5) applies to a person who is appointed under a process referred to in subclause (14a). (14d) For the purposes of subclause (14a), the Commissioner is taken to continue in office under the repealed Act until the process referred to in that subclause has been completed under Division 2 of Part III of the repealed Act or discontinued. (15) If proceedings under section 42A of the repealed Act have not been — (a) completed under that section; or before the commencement of this clause, the repealed Act continues to apply to and in relation to those proceedings as if this Act had not been enacted until those proceedings are completed or abandoned. (16) An increment of remuneration that was being withheld under section 42A(1)(a) of the repealed Act immediately before the commencement of this clause shall continue to be withheld for the remainder of the period for which it would, but for the repeal of the repealed Act, have been withheld. (17) For the purposes of subclauses (15) and (16), a reference in section 42A of the repealed Act to the Commissioner shall be construed as a reference to the employing authority of the executive officer concerned. (18) An officer directed to act under section 42B of the repealed Act for a particular period and acting under that direction immediately before the commencement of this clause shall be regarded — (a) in the case of an officer directed to act in the office of a chief executive officer, as directed under section 51(1) to act in the office; or (b) in the case of an officer directed to act in the office of a senior officer within the meaning of the repealed Act, as directed under section 107(1) to perform the functions under this Act, of the corresponding executive officer for the remainder of that period. (19) On the commencement of this clause, the powers conferred by section 42E of the repealed Act are to be exercised by the relevant employing authority in accordance with such arrangements as are prescribed for the purposes of section 57(1)(b). (20) This clause does not prevent the application of the provisions of this Act relating to the management of redeployment and redundancy of employees to a person who is entitled to employment in a department or organisation under this clause. (21) Section 43(9) and (10) apply to a person referred to in subclause (3) as if those subsections had been in operation when the person became employed by virtue of section 35(8) of the repealed Act. [Clause 13 amended: Gazette 16 Sep 1994 p. 4804; 2 May 1995 p. 1691; 27 Sep 1996 p. 4827; 19 Nov 1999 p. 5795; No. 8 of 2014 s. 17.] 14. Senior officers (repealed Act s. 39) A person who, immediately before the commencement of this clause, occupied a senior office designated or referred to in section 39 of the repealed Act is, after that commencement, a senior executive officer within the meaning of this Act at the same level of classification as applied to him or her immediately before that commencement. 15. Proceedings on charges (repealed Act Part IV) (1) If proceedings under Part IV of the repealed Act (including any appeal referred to in section 47 of the repealed Act) have not been — (a) completed under that Part; or before the commencement of this clause, the repealed Act continues to apply to and in relation to those proceedings as if this Act had not been enacted until those proceedings are completed or abandoned. (2) For the purposes of this clause, the Commissioner and each officer involved in proceedings to which subclause (1) applies are taken to continue in office under the repealed Act until those proceedings are completed under Part IV of the repealed Act or abandoned. (2a) For the purposes of conducting proceedings under subclause (1), the Commissioner may continue to exercise all his functions under the repealed Act, including his power of delegation under section 12 of the repealed Act. (3) This Act applies to the result of proceedings completed under subclause (1) as if that result had occurred under Part 5. [Clause 15 amended: Gazette 16 Sep 1994 p. 4804; 9 Dec 1994 p. 6715.] 16. Long service leave and recreation leave (1) An officer within the meaning of the repealed Act to whom had accrued, immediately before the commencement of this clause, an entitlement to — (a) a particular period of long service leave; or (b) a particular period of recreation leave, or both, retains his or her entitlement to that period or those periods as a public service officer within the meaning of this Act. (2) If an officer referred to in subclause (1) had not, immediately before the commencement of this clause, completed the period of service required for the accrual of an entitlement referred to in that subclause, that incomplete period of service shall, after that commencement, be taken into account for the purpose of ascertaining the date of accrual of that entitlement. 17. Intergovernmental arrangements (repealed Act s. 59A) An arrangement in force under section 59A of the repealed Act immediately before the commencement of this clause continues in force after that commencement as if that section had not been repealed, and may be amended or terminated in accordance with its provisions. 18. Regulations (1) Section 38 of the *Interpretation Act 1984* applies to regulations in force under section 60 of the repealed Act immediately before the commencement of this clause. (2) Without limiting subclause (1), regulations made for a particular purpose under the repealed Act have effect for a similar purpose under this Act. 19. Employment of public service officers other than executive officers A person who is taken by virtue of this Schedule to be a public service officer other than an executive officer is taken to be employed by the employing authority of the department or organisation in which that person is serving and, if that person was immediately before the commencement of this clause a party to a current contract of employment entered into with the Commissioner under the repealed Act, that contract continues in existence subject to this Act and references in that contract to the Commissioner shall be construed as references to the relevant employing authority. 20. Public Service Award 1992, interpretation of References to the Commissioner in the award — (a) made by the Industrial Commission under the *Industrial Relations Act 1979*; and (b) known as the Public Service Award 1992, shall be construed as references to the employing authority of the appropriate department or organisation. 21. *Interpretation Act 1984* not affected This Schedule is in addition to, and does not derogate from the application to this Act of, the *Interpretation Act 1984*. Schedule 6 — Transitional provisions relating to ministerial staff [s. 108 and 111] 1. Ministerial staff (1) A person who was, immediately before the commencement of this clause — (a) employed, whether by way of appointment under section 74 of the *Constitution Act 1889* or section 30(1)(a) of the repealed Act or of contract of service, to assist a political office holder within the meaning of this Act; and (b) assisting that political office holder, continues after that commencement to be employed within the meaning of paragraph (a), but is taken to be an employee, and to have the Minister as his or her employing authority, for the purposes of this Act, and section 74 applies to and in relation to that person as if he or she were a ministerial officer. (2) A person who was, immediately before the commencement of this clause — (a) a permanent officer within the meaning of the repealed Act serving in the department known as the Ministry of the Premier and Cabinet; and (b) assisting a political office holder within the meaning of this Act, is taken to be the occupier of a special office created under section 36 as read with section 75(1) for the purpose of assisting the political office holder referred to in paragraph (b). (3) A person who was, immediately before the commencement of this clause — (a) an officer within the meaning of the repealed Act or an employee of any State trading concern, State instrumentality, State agency or public statutory body, corporate or unincorporate, which was established or continued under a written law; and (b) seconded to assist a political office holder within the meaning of this Act; and (c) assisting the political office holder referred to in paragraph (b), is taken to be an employee referred to in section 75(2)(b). (4) A person who was, immediately before the commencement of this clause, engaged under a contract for services to assist a political office holder within the meaning of this Act is taken to be engaged under a contract for services under section 100(1) to assist that political office holder. [Clause 1 amended: Gazette 5 Jul 1996 p. 3252.] 2. Remuneration and terms and conditions of ministerial staff (1) A person referred to in clause 1 is taken to retain the remuneration and terms and conditions (including eligibility to apply for an office, post or position in a department or organisation) with and under which he or she assisted the relevant political office holder within the meaning of this Act immediately before the commencement of this clause. (1a) A person who — (a) after the commencement of this clause is employed as a ministerial officer or engaged under a contract for services under section 100(1) to assist a political office holder; and (b) immediately before being so employed or engaged was a person referred to in clause 1, retains the eligibility that person had immediately before the commencement of this clause to apply for an office, post or position in a department or organisation. (2) Without limiting subclause (1), but subject to subclause (3), a person referred to in clause 1(1) who was, immediately before the commencement of this clause, employed by way of a contract of service is entitled, if that contract is terminated before the day specified in that contract as the day on which that contract expires, to such compensation, if any, as the Minister determines. (3) The maximum compensation payable to a person under subclause (2) is an amount equal to the remuneration to which the person is entitled for the period of one year ending immediately before the day referred to in subclause (2). (4) Without limiting subclause (1), a person referred to in clause 1(2) whose salary has exceeded the level referred to in section 75(2)(a) continuously for at least 2 years is entitled to have his or her level of classification reviewed by such person or persons as is or are appointed by the Minister within the meaning of this Act. (5) Any period — (a) which ended immediately before the commencement of this clause; and (b) during which the salary of a person referred to in clause 1(2) continuously exceeded the level referred to in section 75(2)(a), is to be taken into account for the purpose of ascertaining any entitlement under subclause (4) of the person referred to in paragraph (b). (6) Without limiting subclause (1), any period — (a) which ended immediately before the commencement of this clause; and (b) during which the salary of a person referred to in clause 1(3) continuously exceeded the level referred to in section 75(2)(a), is to be taken into account for the purpose of ascertaining any entitlement of the person referred to in paragraph (b) under section 75(3). [Clause 2 amended: No. 57 of 1997 s. 99(5); amended: Gazette 5 Jul 1996 p. 3252.] 3. Restriction on subsequent employment in departments or organisations (1) A person referred to in clause 1(4) is not, while he or she is taken to remain engaged under a contract for services under section 100(1), eligible to apply for, or to be appointed to, any office, post or position in a department or organisation, unless that office, post or position is advertised in a daily newspaper circulating throughout the State. (2) A person referred to in clause 2(1a) and engaged under a contract for services under section 100(1) is not, while that person remains so engaged, eligible to apply for, or to be appointed to, any office, post or position in a department or organisation, unless that office, post or position is advertised in a daily newspaper circulating throughout the State. [Clause 3 amended: Gazette 5 Jul 1996 p. 3252.] 4. *Interpretation Act 1984* not affected This Schedule is in addition to, and does not derogate from the application to this Act of, the *Interpretation Act 1984*. Schedule 7 — *Public Sector Reform Act 2010* Part 2 amendments: transitional provisions [s. 113] [Heading inserted: No. 39 of 2010 s. 66.] 1. Terms used In this Schedule — amended Act means this Act as amended by the *Public Sector Reform Act 2010*; commencement day means the day on which the *Public Sector Reform Act 2010* section 13 comes into operation; former Commissioner means the person holding the office of Commissioner for Public Sector Standards under this Act immediately before the commencement day. [Clause 1 inserted: No. 39 of 2010 s. 66.] 2. Incumbent CEO remains in office as Public Sector Commissioner (1) In this clause — former office means the office of chief executive officer of the department principally assisting in the administration of Part 3 immediately before the commencement day. (2) Despite section 17, if a person held the former office immediately before the commencement day (other than in an acting capacity), that person is to hold office as Commissioner subject to Part 3A Division 1 for a term of 5 years beginning on the commencement day as if appointed under section 17, and is eligible to be reappointed to that office. [Clause 2 inserted: No. 39 of 2010 s. 66.] 3. Commissioner for Public Sector Standards, entitlement of (1) The former Commissioner is entitled to be employed in the Public Service at the same level of classification as the former Commissioner held immediately before the commencement day until the end of the period for which the former Commissioner was last appointed under this Act to hold office. (2) The former Commissioner retains existing and accruing entitlements in respect of leave of absence as if service in the Public Service were a continuation of service in the office of the Commissioner of Public Sector Standards. (3) If a person is acting in the office of the Commissioner of Public Sector Standards under section 28 immediately before the commencement day, section 20 as in force before the commencement day continues to apply to that person. [Clause 3 inserted: No. 39 of 2010 s. 66.] 4. Approved procedures and other instruments (1) Any procedure or classification system approved under section 3(2) as in force before the commencement day and of effect immediately before that day is to be taken to be, with any necessary modifications, a Commissioner’s instruction. (2) Any public sector standard or code of ethics established by the former Commissioner under this Act and of effect immediately before the commencement day is to be taken to be, with any necessary modifications, a public sector standard or code of ethics for the purposes of the amended Act. (3) Any order published under section 25(1)(a) as in force before the commencement day and of effect immediately before that day is to be taken to be, with any necessary modifications, an order published under section 21(9A) of the amended Act. (4) Any guidelines issued by the former Commissioner for the purposes of section 31 as in force before the commencement day and of effect immediately before that day are to be taken to be, with any necessary modifications, Commissioner’s instructions. (5) Any direction given under section 42(2) as in force before the commencement day and of effect immediately before that day is to be taken to be, with any necessary modifications, a Commissioner’s instruction. (6) Any public service notice of effect immediately before the commencement day is to be taken to be a public sector notice. (7) Any approval given by the Minister under section 93(1) as in force before the commencement day and of effect immediately before that day continues to be of effect as if it were an approval given by the Commissioner. [Clause 4 inserted: No. 39 of 2010 s. 66.] 5. Reviews, special inquiries and investigations (1) If immediately before the commencement day — (a) a review was being carried out under an arrangement by the Minister under section 10 as in force immediately before the commencement day; and (b) any employee had been authorised by the Minister to perform functions for the purpose of the review, the review is to be continued as if it were a review the Minister had directed the Commissioner to conduct under section 24B of the amended Act and the employee had been authorised for the purpose of that review by the Commissioner. (2) If immediately before the commencement day, a special inquirer was carrying out a special inquiry under this Act, the special inquirer is to continue to carry out the inquiry as if the special inquirer were appointed under section 24H of the amended Act to carry out the special inquiry. (3) If immediately before the commencement day — (a) an investigation was being carried out under section 24 as in force immediately before the commencement day; (b) any person had been authorised to perform functions for the purpose of the investigation, the investigation is to be continued as if it were an investigation the Commissioner had commenced under section 24 of the amended Act and the person had been authorised for the purpose of that investigation by the Commissioner. [Clause 5 inserted: No. 39 of 2010 s. 66.] 6. Special offices A special office created under section 36 as in force before the commencement day for the purposes of section 75(1) as in force before that day and in existence immediately before that day continues in existence after that day as if it were created by the chief executive officer of the department assisting in the administration of Part 4. [Clause 6 inserted: No. 39 of 2010 s. 66.] 7. Provisions affecting employment of CEOs (1) If — (a) before the commencement day the Minister requested the former Commissioner to act under section 45 as in force before the commencement day to fill a vacancy or impending vacancy in the office of a chief executive officer; and (b) the vacancy or impending vacancy is not filled before the commencement day, any actions taken by the former Commissioner under that section are to be taken to have been taken by the Commissioner, and the Commissioner may continue to act under section 45 of the amended Act to fill the vacancy. (2) If — (a) before the commencement day the Minister acted on a matter under section 48 for the purposes of section 46(1) or 49 (as those sections were in force immediately before the commencement day); and (b) on the commencement day further action remains to be taken under section 46 or 49 in relation to that matter, the Commissioner may continue to act under section 46 or 49 of the amended Act as the case requires. (3) Any performance agreement of effect immediately before the commencement day continues to be of effect under section 47 of the amended Act. (4) If — (a) before the commencement day the Minister took action under section 50(2) for the purpose of making a recommendation under section 50(1) (as those provisions were in force before the commencement day); and (b) the recommendation has not been made before the commencement day, the action referred to in paragraph (a) is to be taken to have been taken by the Commissioner, and the Commissioner may continue to act under section 50 of the amended Act in relation to the recommendation. (5) If — (a) before the commencement day the Minister took action under section 51(3) for the purpose of giving a direction under section 51(1) (as those provisions were in force before the commencement day); and (b) the Minister has not given the direction before the commencement day, the Commissioner may give the direction under section 51(1) of the amended Act as if the action referred to in paragraph (a) had been taken by the Commissioner. (6) A direction given under section 51(1) as in force before the commencement day and of effect before the commencement day is to be taken to have been given under section 51 of the amended Act by the Commissioner. (7) On the commencement day the Commissioner is substituted for the Minister as a party to the contract of employment of each chief executive officer. [Clause 7 inserted: No. 39 of 2010 s. 66.] 8. Continuing effect of things done under s. 97 A thing done or omitted to be done by the former Commissioner under section 97 as in force before the commencement day has the same effect after that day as if it had been done or omitted under section 97 of the amended Act. [Clause 8 inserted: No. 39 of 2010 s. 66.] 9. Directions under s. 107 A direction given under section 107(1) as in force before the commencement day and of effect on that day is to be taken to be a direction of the Commissioner. [Clause 9 inserted: No. 39 of 2010 s. 66.] 10. General savings as to acts of Commissioner (1) A thing done or omitted to be done by, to or in relation to the former Commissioner before the commencement day, whether under this Act or any other written law, has the same effect after the commencement day, to the extent that it has any force or significance after that day, as if it had been done or omitted by, to or in relation to the Commissioner. (2) Subclause (1) does not apply if a contrary intention appears or the context otherwise requires. [Clause 10 inserted: No. 39 of 2010 s. 66.] 11. Power to amend subsidiary legislation (1) The Governor, on the recommendation of the Minister, may make regulations amending subsidiary legislation made under any Act. (2) The Minister may make a recommendation under subclause (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the *Public Sector Reform Act 2010* Part 2. (3) Nothing in this clause prevents subsidiary legislation from being amended in accordance with the Act under which it was made. [Clause 11 inserted: No. 39 of 2010 s. 66.] 12. Transitional regulations (1) If there is no sufficient provision in this Schedule for dealing with a transitional matter, regulations may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter. (2) In subclause (1) — transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from an Act (including this Act) as enacted immediately before the commencement day to the Act as amended by the *Public Sector Reform Act 2010* Part 2. (3) Regulations made under subclause (1) may provide that specified provisions of this Act as in force after the commencement of the *Public Sector Reform Act 2010*, or of subsidiary legislation made under this Act, or of an Act amended by the *Public Sector Reform Act 2010* — (a) do not apply; or (b) apply with specified modifications, to or in relation to any matter. (4) If regulations under subclause (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the commencement day, the regulations have effect according to their terms. (5) In subclauses (3) and (4) — specified means specified or described in the regulations. (6) If regulations contain a provision referred to in subclause (4), the provision does not operate so as to — (a) affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or (b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations. [Clause 12 inserted: No. 39 of 2010 s. 66.] 13. *Interpretation Act 1984* not affected The provisions of this Schedule are additional to and do not prejudice or affect the application of the *Interpretation Act 1984* Part V. [Clause 13 inserted: No. 39 of 2010 s. 66.] Schedule 8 — *Public Sector Reform Act 2010* Part 3 amendments: transitional provisions [s. 114] [Heading inserted: No. 39 of 2010 s. 108.] 1. Term used: commencement day In this Schedule — commencement day means the day on which the *Public Sector Reform Act 2010* section 97 comes into operation. [Clause 1 inserted: No. 39 of 2010 s. 108.] 2. Disciplinary proceedings under Part 5 Div. 3 (1) If a proceeding (including an investigation, disciplinary inquiry or special disciplinary inquiry) commenced under Part 5 Division 3 before the commencement day has not been finalised under that Division before that day, Part 5 Division 3 as in force immediately before that day continues to apply to and in relation to that proceeding as if the *Public Sector Reform Act 2010* Part 3 had not been enacted until the proceeding is finalised. (2) Section 78 as in force immediately before the commencement day continues to apply to a decision made in a proceeding referred to in subclause (1). (3) Except as provided in subclauses (1) and (2), Part 5 as amended by the *Public Sector Reform Act 2010* Part 3 applies in relation to any act, omission or conduct that occurred before or after the commencement day. [Clause 2 inserted: No. 39 of 2010 s. 108.] 3. Suspensions under s. 82 (1) A suspension that is of effect under section 82 immediately before the commencement day continues to be of effect for the remainder of the period for which it would, but for the *Public Sector Reform Act 2010* Part 3, have been of effect. (2) Section 82 as in force immediately before the commencement day continues to apply to a suspension referred to in subclause (1). [Clause 3 inserted: No. 39 of 2010 s. 108.] 4. Appeals under s. 78 An appeal pending under section 78 immediately before the commencement day is to be dealt with under that section as in force before the commencement day. [Clause 4 inserted: No. 39 of 2010 s. 108.] 5. Power to amend subsidiary legislation (1) The Governor, on the recommendation of the Minister, may make regulations amending subsidiary legislation made under any Act. (2) The Minister may make a recommendation under subclause (1) only if the Minister considers that each amendment proposed to be made by the regulations is necessary or desirable as a consequence of the enactment of the *Public Sector Reform Act 2010* Part 3. (3) Nothing in this clause prevents subsidiary legislation from being amended in accordance with the Act under which it was made. [Clause 5 inserted: No. 39 of 2010 s. 108.] 6. Transitional regulations (1) If there is no sufficient provision in this Schedule for dealing with a transitional matter, the regulations may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter. (2) In subclause (1) — transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from an Act (including this Act) as enacted immediately before the commencement day to the Act as amended by the *Public Sector Reform Act 2010* Part 3. (3) Regulations made under subclause (1) may provide that specified provisions of this Act as in force on or after the commencement of the *Public Sector Reform Act 2010*, or of subsidiary legislation made under this Act, or of an Act amended by the *Public Sector Reform Act 2010* — (a) do not apply; or (b) apply with specified modifications, to or in relation to any matter. (4) If regulations under subclause (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the commencement day, the regulations have effect according to their terms. (5) In subclauses (3) and (4) — specified means specified or described in the regulations. (6) If regulations contain a provision referred to in subclause (4), the provision does not operate so as to — (a) affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or (b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations. [Clause 6 inserted: No. 39 of 2010 s. 108.] 7. *Interpretation Act 1984* not affected Unless the contrary intention appears in this Schedule, the provisions of this Schedule are additional to and do not prejudice or affect the application of the *Interpretation Act 1984* Part V. [Clause 7 inserted: No. 39 of 2010 s. 108.] ![dline]() Notes This is a compilation of the *Public Sector Management Act 1994* and includes amendments made by other written laws 3, 4. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | | **Number and year** | | **Assent** | | **Commencement** | | --- | --- | --- | --- | --- | --- | --- | | *Public Sector Management Act 1994* | | 31 of 1994 | | 8 Jul 1994 | | s. 1 and 2: 8 Jul 1994; s. 3, 16, 19, 20, 26, 28 and Sch. 4: 20 Aug 1994 (see s. 2 and *Gazette* 19 Aug 1994 p. 4155); s. 4‑6, Pt. 2 Div. 1, 2 and 4, s. 17, 18, 21‑25 and 27, Pt. 3‑6, 8, and 9 and Sch. 1‑3, 5 and 6: 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948); Pt. 7: 1 Jan 1996 (see s. 2 and *Gazette* 24 Nov 1995 p. 5389) | | *Public Sector Management (General) Regulations 1994* r. 27 published in *Gazette* 16 Sep 1994 p. 4803 | | | | | | 1 Oct 1994 (see r. 2 and *Gazette* 30 Sep 1994 p. 4948) | | *Public Sector Management (Transitional) Regulations 1994* published in *Gazette* 16 Sep 1994 p. 4804 | | | | | | 1 Oct 1994 (see r. 2 and *Gazette* 30 Sep 1994 p. 4948) | | *Public Sector Management (Transitional) Regulations (No. 2) 1994* published in *Gazette* 9 Dec 1994 p. 6715 | | | | | | 9 Dec 1994 | | *Public Sector Management (SES Organizations) Regulations 1994* published in *Gazette* 9 Dec 1994 p. 6716 | | | | | | 9 Dec 1994 | | *Energy Corporations (Transitional and Consequential Provisions) Act 1994* s. 109 | | 89 of 1994 | | 15 Dec 1994 | | 1 Jan 1995 (see s. 2(2) and *Gazette* 23 Dec 1994 p. 7069) | | *Public Sector Management (SES Organizations) Regulations (No. 2) 1994* published in *Gazette* 23 Dec 1994 p. 7122 | | | | | | 23 Dec 1994 | | *State Supply Commission Amendment Act (No. 2) 1994* s. 16 | | 97 of 1994 | | 30 Dec 1994 | | 18 Mar 1995 (see s. 2(2) and *Gazette* 17 Mar 1995 p. 1011) | | *Hospitals Amendment Act 1994* s. 18 | | 103 of 1994 | | 11 Jan 1995 | | 3 Feb 1995 (see s. 2 and *Gazette* 3 Feb 1995 p. 333) | | *Public Sector Management (SES Organizations) Regulations 1995* published in *Gazette* 7 Feb 1995 p. 423 | | | | | | 7 Feb 1995 | | *Public Sector Management (Transitional) Regulations 1995* published in *Gazette* 2 May 1995 p. 1690‑1 | | | | | | 2 May 1995 | | *Industrial Legislation Amendment Act 1995* s. 35 | | 1 of 1995 | | 9 May 1995 | | 1 Jan 1996 (see s. 2(2) and *Gazette* 24 Nov 1995 p. 5389) | | **Reprint of the *Public Sector Management Act 1994* as at 16 May 1995** (includes amendments listed above except those in the *Public Sector Management Act 1994* Pt. 7 and the *Industrial Legislation Amendment Act 1995*) | | | | | | | | *Public Sector Management (SES Organizations) Regulations (No. 2) 1995* published in *Gazette* 30 May 1995 p. 2148‑9 | | | | | | 30 May 1995 | | *Public Sector Management (Entities which are not Organizations) Regulations 1995* published in *Gazette* 23 Jun 1995 p. 2507‑8 | | | | | | 23 Jun 1995 | | *Occupational Safety and Health Legislation Amendment Act 1995* s. 48 | | 30 of 1995 | | 11 Sep 1995 | | 1 Oct 1995 (see s. 2 and *Gazette* 15 Sep 1995 p. 4301) | | *Public Sector Management (Entities which are not Organizations) Regulations (No. 2) 1995* published in *Gazette* 3 Nov 1995 p. 5204 | | | | | | 3 Nov 1995 | | *Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995* s. 188 | | 73 of 1995 | | 27 Dec 1995 | | 1 Jan 1996 (see s. 2(2) and *Gazette* 29 Dec 1995 p. 6291) | | *Local Government (Consequential Amendments) Act 1996* s. 4 | | 14 of 1996 | | 28 Jun 1996 | | 1 Jul 1996 (see s. 2) | | *Public Sector Management (Schedule 6) Regulations 1996* published in *Gazette* 5 Jul 1996 p. 3251‑2 | | | | | | 1 Oct 1994 (see r. 2 and *Gazette* 30 Sep 1994 p. 4948) | | *Public Sector Management (SES Organizations) Regulations 1996* published in *Gazette* 20 Aug 1996 p. 4068 | | | | | | 20 Aug 1996 | | *Public Sector Management (Transitional) Regulations 1996* published in *Gazette* 27 Sep 1996 p. 4827 | | | | | | 27 Sep 1996 | | *Curtin University of Technology Amendment Act 1996* s. 29 | | 35 of 1996 | | 27 Sep 1996 | | 13 Nov 1996 (see s. 2(2) and *Gazette* 12 Nov 1996 p. 6301) | | *Vocational Education and Training Act 1996* s. 71(1) | | 42 of 1996 | | 16 Oct 1996 | | 1 Jan 1997 (see s. 2 and *Gazette* 12 Nov 1996 p. 6301) | | *Acts Amendment (ICWA) Act 1996* s. 38 | | 45 of 1996 | | 25 Oct 1996 | | 1 Oct 1997 (see s. 2 and *Gazette* 23 Sep 1997 p. 5357) | | *Financial Legislation Amendment Act 1996* s. 58 | | 49 of 1996 | | 25 Oct 1996 | | 25 Oct 1996 (see s. 2(1)) | | *Public Sector Management (SES Organizations) Regulations 1997* published in *Gazette* 28 Feb 1997 p. 1334 | | | | | | 28 Feb 1997 | | *Curriculum Council Act 1997* s. 35 | | 17 of 1997 | | 8 Jul 1997 | | 1 Aug 1997 (see s. 2 and *Gazette* 25 Jul 1997 p. 3907) | | **Reprint of the *Public Sector Management Act 1994* as at 3 Sep 1997** (includes amendments listed above except those in the *Acts Amendment (ICWA) Act 1996*) | | | | | | | | *Professional Standards Act 1997* s. 58 | | 22 of 1997 | | 18 Sep 1997 | | 18 Apr 1998 (see s. 2 and *Gazette* 17 Apr 1998 p. 2045) | | *Statutes (Repeals and Minor Amendments) Act 1997* s. 99 | | 57 of 1997 | | 15 Dec 1997 | | 15 Dec 1997 (see s. 2(1)) | | *Public Sector Management (SES Organizations) Regulations 1998* published in *Gazette* 24 Mar 1998 p. 1620‑1 | | | | | | 24 Mar 1998 | | *Public Sector Management (SES Organizations) Regulations (No. 2) 1998* published in *Gazette* 17 Jul 1998 p. 3798 | | | | | | 17 Jul 1998 | | *Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act 1998* s. 38 | | 42 of 1998 | | 4 Nov 1998 | | 1 Jan 1999 (see s. 2 and *Gazette* 22 Dec 1998 p. 6833) | | *Public Sector Management (SES Organizations) Regulations (No. 3) 1998* published in *Gazette* 24 Nov 1998 p. 6326 | | | | | | 24 Nov 1998 | | *Botanic Gardens and Parks Authority Act 1998* s. 56 | | 53 of 1998 | | 7 Dec 1998 | | 1 Jul 1999 (see s. 2 and *Gazette* 30 Jun 1999 p. 2879) | | **Reprint of the *Public Sector Management Act 1994* as at 26 Mar 1999** (includes amendments listed above except those in the *Botanic Gardens and Parks Authority Act 1998*) | | | | | | | | *Port Authorities (Consequential Provisions) Act 1999* s. 21 and 23 | | 5 of 1999 | | 13 Apr 1999 | | 14 Aug 1999 (see s. 2 and *Gazette* 13 Aug 1999 p. 3823) | | *Public Sector Management (SES Organizations) Regulations 1999* published in *Gazette* 14 May 1999 p. 1933 | | | | | | 14 May 1999 | | *Public Sector Management (SES Organizations) Regulations (No. 2) 1999* published in *Gazette* 2 Jul 1999 p. 2920‑1 | | | | | | 2 Jul 1999 | | *Public Sector Management (SES Organizations) Regulations (No. 3) 1999* published in *Gazette* 24 Sep 1999 p. 4667‑8 | | | | | | 24 Sep 1999 | | *Midland Redevelopment Act 1999* s. 75 | | 38 of 1999 | | 11 Nov 1999 | | 1 Jan 2000 (see s. 2 and *Gazette* 31 Dec 1999 p. 7059) | | *Public Sector Management (Transitional) Regulations 1999* published in *Gazette* 19 Nov 1999 p. 5794‑5 | | | | | | 19 Nov 1999 | | *Gas Corporation (Business Disposal) Act 1999* s. 106 | | 58 of 1999 | | 24 Dec 1999 | | 16 Dec 2000 (see s. 2(5) and *Gazette* 15 Dec 2000 p. 7201) | | *Public Sector Management (SES Organizations) Regulations 2000* published in *Gazette* 11 Feb 2000 p. 504 | | | | | | 11 Feb 2000 | | *Public Sector Management (SES Organizations) Regulations (No. 2) 2000* published in *Gazette* 9 May 2000 p. 2236 | | | | | | 9 May 2000 | | **Reprint of the *Public Sector Management Act 1994* as at 9 Jun 2000** (includes amendments listed above except those in the *Gas Corporation (Business Disposal) Act 1999*) | | | | | | | | *Statutes (Repeals and Minor Amendments) Act 2000* s. 14(13) and 34 | | 24 of 2000 | | 4 Jul 2000 | | 4 Jul 2000 (see s. 2) | | *Dairy Industry and Herd Improvement Legislation Repeal Act 2000* s. 20 and 34 | | 25 of 2000 | | 5 Jul 2000 | | s. 20: 14 Jul 2000 (see s. 2(2) and *Gazette* 14 Jul 2000 p. 3841); s. 34: 1 Aug 2000 (see s. 2(3) and *Gazette* 14 Jul 2000 p. 3841) | | *Public Sector Management (SES Organisations) Regulations (No. 3) 2000* published in *Gazette* 11 Aug 2000 p. 4697 | | | | | | 11 Aug 2000 | | *Public Sector Management (SES Organisations) Regulations (No. 4) 2000* published in *Gazette* 15 Sep 2000 p. 5388‑9 | | | | | | 15 Sep 2000 | | *Electoral Amendment Act 2000* s. 24 | | 36 of 2000 | | 10 Oct 2000 | | 21 Oct 2000 (see s. 2 and *Gazette* 20 Oct 2000 p. 5899) | | *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 59(b) | | 43 of 2000 | | 2 Nov 2000 | | 17 Feb 2001 (see s. 2(1) and *Gazette* 16 Feb 2001 p. 903) | | *State Records (Consequential Provisions) Act 2000* Pt. 8 | | 53 of 2000 | | 28 Nov 2000 | | 1 Dec 2001 (see s. 2 and *Gazette* 30 Nov 2001 p. 6067) | | *Rural Business Development Corporation Act 2000* s. 44 | | 72 of 2000 | | 6 Dec 2000 | | 20 Dec 2000 (see s. 2 and *Gazette* 19 Dec 2000 p. 7273) | | *Public Sector Management (SES Organisations) Regulations (No. 5) 2000* published in *Gazette* 19 Dec 2000 p. 7298‑9 | | | | | | 19 Dec 2000 | | *Public Sector Management (SES Organisations) Regulations (No. 6) 2000* published in *Gazette* 29 Dec 2000 p. 7985 | | | | | | 1 Jan 2001 (see r. 2) | | *Public Sector Management (SES Organisations) Regulations 2001* published in *Gazette* 9 Feb 2001 p. 775 | | | | | | 9 Feb 2001 | | **Reprint of the *Public Sector Management Act 1994* as at 9 Feb 2001** (includes amendments listed above except those in the *State Superannuation (Transitional and Consequential Provisions) Act 2000* and the *State Records (Consequential Provisions) Act 2000*) | | | | | | | | *Zoological Parks Authority Act 2001* s. 47 | | 24 of 2001 | | 26 Nov 2001 | | 22 May 2002 (see s. 2 and *Gazette* 10 May 2002 p. 2445) | | *Labour Relations Reform Act 2002* s. 25 | | 20 of 2002 | | 8 Jul 2002 | | 15 Sep 2002 (see s. 2(1) and *Gazette* 6 Sep 2002 p. 4487) | | *Public Interest Disclosure Act 2003* s. 28 | | 29 of 2003 | | 22 May 2003 | | 1 Jul 2003 (see s. 2 and *Gazette* 27 Jun 2003 p. 2383) | | *Public Transport Authority Act 2003* s. 207 | | 31 of 2003 | | 26 May 2003 | | 1 Jul 2003 (see s. 2(1) and *Gazette* 27 Jun 2003 p. 2384) | | *Racing and Gambling Legislation Amendment and Repeal Act 2003* s. 23 and 221(3) | | 35 of 2003 | | 26 Jun 2003 | | 1 Aug 2003 (see s. 2 and *Gazette* 29 Jul 2003 p. 3259) | | *Labour Relations Reform (Consequential Amendments) Regulations 2003* r. 14 published in *Gazette* 15 Aug 2003 p. 3685‑92 | | | | | | 15 Sep 2003 (see r. 2) | | *Economic Regulation Authority Act 2003* Sch. 2 Div. 11 | | 67 of 2003 | | 5 Dec 2003 | | 1 Jan 2004 (see s. 2(1) and *Gazette* 30 Dec 2003 p. 5723) | | *Statutes (Repeals and Minor Amendments) Act 2003* s. 97 | | 74 of 2003 | | 15 Dec 2003 | | 15 Dec 2003 (see s. 2) | | **Reprint 6: The *Public Sector Management Act 1994* as at 14 May 2004** (includes amendments listed above) | | | | | | | | *Workers’ Compensation Reform Act 2004* s. 168 | | 42 of 2004 | | 9 Nov 2004 | | 4 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7131) | | *Public Sector Management (SES Organisations) Regulations 2004* published in *Gazette* 26 Nov 2004 p. 5315‑16 | | | | | | 26 Nov 2004 | | *Western Australian Land Authority Amendment Act 2004* s. 45 | | 67 of 2004 | | 8 Dec 2004 | | 25 Dec 2004 (see s. 2 and *Gazette* 24 Dec 2004 p. 6247) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 82 | | 84 of 2004 | | 16 Dec 2004 | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | *Public Sector Management (Entities which are not Organisations) Regulations 2004* published in *Gazette* 4 Jan 2005 p. 5‑6 | | | | | | 4 Jan 2005 | | *Financial Administration Legislation Amendment Act 2005* s. 43 | | 5 of 2005 | | 27 Jun 2005 | | 1 Jan 2006 (see s. 2 and *Gazette* 23 Dec 2005 p. 6243) | | *Electricity Corporations Act 2005* s. 139 | | 18 of 2005 | | 13 Oct 2005 | | 1 Apr 2006 (see s. 2(2) and *Gazette* 31 Mar 2006 p. 1153) | | *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 15 Div. 2 | | 28 of 2006 | | 26 Jun 2006 | | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) | | **Reprint 7: The *Public Sector Management Act 1994* as at 25 Aug 2006** (includes amendments listed above) | | | | | | | | *Land Information Authority Act 2006* s. 187 | | 60 of 2006 | | 16 Nov 2006 | | 1 Jan 2007 (see s. 2(1) and *Gazette* 8 Dec 2006 p. 5369) | | *Financial Legislation Amendment and Repeal Act 2006* s. 4, 6, 7 and Sch. 1 cl. 137 | | 77 of 2006 | | 21 Dec 2006 | | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | *Chemistry Centre (WA) Act 2007* s. 43 | | 10 of 2007 | | 29 Jun 2007 | | 1 Aug 2007 (see s. 2(1) and *Gazette* 27 Jul 2007 p. 3735) | | *Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007* s. 39 | | 24 of 2007 | | 12 Oct 2007 | | 18 Dec 2010 (see s. 2 and *Gazette* 17 Dec 2010 p. 6349) | | *Water Resources Legislation Amendment Act 2007* s. 197 | | 38 of 2007 | | 21 Dec 2007 | | 1 Feb 2008 (see s. 2(2) and *Gazette* 31 Jan 2008 p. 251) | | **Reprint 8: The *Public Sector Management Act 1994* as at 14 Nov 2008** (includes amendments listed above except those in the *Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007*) | | | | | | | | *Public Sector Management (SES Organisations) Regulations 2009* published in *Gazette* 9 Jun 2009 p. 1926 | | | | | | r. 1 and 2: 9 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jun 2009 (see r. 2(b)) | | *Acts Amendment (Bankruptcy) Act 2009* s. 71 | | 18 of 2009 | | 16 Sep 2009 | | 17 Sep 2009 (see s. 2(b)) | | *Public Sector Management (SES Organisations) Regulations 2010* published in *Gazette* 18 Jun 2010 p. 2696‑7 | | | | | | r. 1 and 2: 18 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Jun 2010 (see r. 2(b)) | | *Standardisation of Formatting Act 2010* s. 4 | | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | *Public Sector Reform Act 2010* Pt. 2 Div. 1 and Pt. 3 Div. 1 5 | | 39 of 2010 | | 1 Oct 2010 | | Pt. 2 Div. 1: 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563); Pt. 3 Div. 1: 28 Mar 2011 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | **Reprint 9: The *Public Sector Management Act 1994* as at 1 Apr 2011** (includes amendments listed above) | | | | | | | | *Curriculum Council Amendment Act 2011* Pt. 3 Div. 3 | | 37 of 2011 | | 13 Sep 2011 | | 1 Mar 2012 (see s. 2(b) and *Gazette* 28 Feb 2012 p. 841) | | *Metropolitan Redevelopment Authority Act 2011* s. 142 | | 45 of 2011 | | 12 Oct 2011 | | 31 Dec 2011 (see s. 2(b) and *Gazette* 30 Dec 2011 p. 5573) | | *Fire and Emergency Services Legislation Amendment Act 2012* Pt. 7 Div. 11 | | 22 of 2012 | | 29 Aug 2012 | | 1 Nov 2012 (see s. 2(b) and *Gazette* 31 Oct 2012 p. 5255) | | *Water Services Legislation Amendment and Repeal Act 2012* s. 224 | | 25 of 2012 | | 3 Sep 2012 | | 18 Nov 2013 (see s. 2(b) and *Gazette* 14 Nov 2013 p. 5028) | | **Reprint 10: The *Public Sector Management Act 1994* as at 12 Jul 2013** (includes amendments listed above except those in the *Water Services Legislation Amendment and Repeal Act 2012*) | | | | | | | | *Minerals Research Institute of Western Australia Act 2013* s. 78 | | 23 of 2013 | | 18 Dec 2013 | | 1 Feb 2014 (see s. 2(b) and *Gazette* 14 Jan 2014 p. 43) | | *Electricity Corporations Amendment Act 2013* s. 44 | | 25 of 2013 | | 18 Dec 2013 | | 1 Jan 2014 (see s. 2(c) and *Gazette* 27 Dec 2013 p. 6465) | | *Workforce Reform Act 2014* Pt. 3 | | 8 of 2014 | | 20 May 2014 | | 1 Jul 2014 (see s. 2(b) and *Gazette* 27 Jun 2014 p. 2301) | | *Corruption and Crime Commission Amendment (Misconduct) Act 2014* s. 37 | | 35 of 2014 | | 9 Dec 2014 | | 1 Jul 2015 (see s. 2(b) and *Gazette* 26 Jun 2015 p. 2235) | | *Alcohol and Drug Authority Amendment Act 2015* s. 17 | | 3 of 2015 | | 25 Feb 2015 | | 1 Jul 2015 (see s. 2(b) and *Gazette* 10 Apr 2015 p. 1249) | | **Reprint 11: The *Public Sector Management Act 1994* as at 3 Nov 2015** (includes amendments listed above) | | | | | | | | *Western Australian Health Promotion Foundation Act 2016* Pt. 8 Div. 2 | | 3 of 2016 | | 21 Mar 2016 | | 1 Sep 2016 (see s. 2(b) and *Gazette* 26 Jul 2016 p. 3145) | | *Local Government Legislation Amendment Act 2016* Pt. 3 Div. 30 | | 26 of 2016 | | 21 Sep 2016 | | 21 Jan 2017 (see s. 2(b) and *Gazette* 20 Jan 2017 p. 648) | | *Universities Legislation Amendment Act 2016* Pt. 7 Div. 7 | | 32 of 2016 | | 19 Oct 2016 | | 2 Jan 2017 (see s. 2(b) and Gazette 9 Dec 2016 p. 5557) | | *School Boarding Facilities Legislation Amendment and Repeal Act 2016* s. 23 | | 41 of 2016 | | 28 Nov 2016 | | 1 Jul 2017 (see s. 2(b) and *Gazette* 23 Jun 2017 p. 3173) | | **Reprint 12: The *Public Sector Management Act 1994* as at 12 Jan 2018** (includes amendments listed above) | | | | | | | | *Public Sector Management (Act Amendment) Regulations 2018* published in *Gazette* 29 May 2018 p. 1736 | | | | | | r. 1 and 2: 29 May 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Sep 2018 (see r. 2(b) and *Gazette* 18 Sep 2018 p. 3520) | | *Infrastructure Western Australia Act 2019* s. 77 | 13 of 2019 | | 24 Jun 2019 | | 24 Jul 2019 (see s. 2(c)) | | | *Procurement Act 2020* Pt. 10 Div. 5 | 24 of 2020 | | 19 Jun 2020 | | 1 Jun 2021 (see s. 2(b) and SL 2020/244 cl. 2(c)) | | | *Work Health and Safety Act 2020* Pt 15 Div. 4 Subdiv. 7 | 36 of 2020 | | 10 Nov 2020 | | 31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2) | | | *Arts and Culture Trust Act 2021* s. 76 | 15 of 2021 | | 9 Sep 2021 | | 1 Jul 2022 (see s. 2(b) and SL 2022/77 cl. 2) | | | *Workers Compensation and Injury Management Act 2023* Pt. 15 Div. 3 Subdiv. 15 | 21 of 2023 | | 24 Oct 2023 | | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) | | | *Industrial Relations Legislation Amendment Act 2024* Pt. 4 Div. 4 | 43 of 2024 | | 13 Nov 2024 | | 31 Jan 2025 (see s. 2(c)) | | | *Keystart Act 2024* Pt. 8 Div. 5 | 44 of 2024 | | 13 Nov 2024 | | Pt. 8 Div. 5 (other than s. 68): 14 Nov 2024 (see s. 2(b)(v)); s. 68: 19 Mar 2026 (see s. 2(c) and SL 2026/28 cl. 2) | | | *Public Sector Management (Act Amendment) Regulations 2025* (SL 2025/121) | | | | | r. 1 and 2: 25 Jun 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2025 (see r. 2(b)) | | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | --- | | *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 59(a) | 43 of 2000 | | 2 Nov 2000 | To be proclaimed (see s. 2(2)) | | *TAB (Disposal) Act 2019* s. 152 | 21 of 2019 | | 18 Sep 2019 | To be proclaimed (see s. 2(1)(b)(xiii)) | Other notes 1 Under the *Alteration of Statutory Designations Order (No. 2) 1997* a reference in any law to the Police Department shall be read and construed as a reference to the department in the Public Service designated as the Police Service. 2 The *Superannuation and Family Benefits Act 1938* was repealed by the *State Superannuation Act 2000* s. 39, but its provisions continue to apply to and in relation to certain schemes because of the *State Superannuation (Transitional and Consequential Provisions) Act 2000* s. 26. 3 The amendment in the *Western Australian Greyhound Racing Association Amendment Act 1998* s. 20 (Sch. 1 cl. 5) is not included because of an error in the reference to the item to be amended. 4 The amendment in the *State Superannuation Amendment Act 2007* s. 85 is not included because it was repealed by the *State Superannuation Amendment Act 2011* s. 4 before the amendment came into operation. 5 The amendments in the *Public Sector Reform Act 2010* s. 68 and 70 to the *Public Sector Management Act 1994* s. 79(6) and 99 are not included as those sections were deleted by the *Public Sector Reform Act 2010* s. 55(3) and 57 respectively. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** accountable authority 5(2) affected department or organisation 93(3) agency 3(1) agency of destination 50(5) amended Act Sch. 7 cl. 1 any local government or regional local government 102(1A) appoint 3(1) authorised person 24A, 24C breach of discipline 3(1) chief employee 3(1) chief executive officer 3(1) classification system 3(1) code of conduct 3(1) code of ethics 3(1) commencement day Sch. 7 cl. 1, Sch. 8 cl. 1 Commissioner 3(1) Commissioner’s instructions 3(1) compensation 3(1) council of a local government or regional local government 102(1A) department 3(1) disciplinary action 3(1), 80A document 3(1) employee 3(1) employing authority 3(1), 5(1) executive officer 3(1) former Commissioner Sch. 7 cl. 1 former office Sch. 7 cl. 2(1) function 3(1) improvement action 3(1) incumbent 107(1) Industrial Commission 3(1) industrial instrument 95B(1) lawful redeployment direction 75A Minister 3(1) ministerial office 3(1) ministerial officer 3(1), 74(3), 105(4) non-SES organisation 3(1) organisation 3(1) original contract 56(4) paragraph (a) provision 32(2) performance agreement 3(1) permanent officer 3(1) political office holder 3(1) Public Sector 3(1) public sector body 3(1) public sector notice 3(1) public sector standard 3(1) Public Service 3(1) public service officer 3(1) reasonable excuse Sch. 3 cl. 3(5) and 4(3) redeployment direction breach of discipline 80A registered employee 94(1A), 95A(1) registrable employee 94(1A) remuneration 3(1) repealed Act 3(1) responsible authority 3(1) review 24A right of return 58(7) seconding authority 66 section 94 decision 95(1) senior executive officer 3(1) Senior Executive Service 3(1) serious offence 80A SES organisation 3(1) special disciplinary inquiry 3(1) special inquirer 3(1) special inquiry 3(1) specified Sch. 7 cl. 12(5), Sch. 8 cl. 6(5) statutory office 58(7) substandard performance 3(1) suitable employment 94(6) suitable office, post or position 94(6) term officer 3(1) this Act 3(1) transitional matter Sch. 7 cl. 12(2), Sch. 8 cl. 6(2) Tribunal 57(2) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ROGER JACOBS, Acting Government Printer