Public Sector Management (General) Regulations 1994
Western Australia
Public Sector Management (General) Regulations 1994
Contents
Citation 1
Commencement 1
4A. Deemed chief executive officers (Act s. 4(5)) 1
4B. Deemed chief employee (Act s. 4(5)) 2
Employing authorities (Act s. 5(3)) 2
5A. Human resource management activities prescribed (Act s. 21(1)(a)(ii)) 3
6A. Entity prescribed for delegation by CEO (Act s. 33(1)(c)(ii)) 3
Salary level prescribed (Act s. 43(1)) 3
Amount prescribed (Act s. 56(3)(a)) 4
Amount prescribed (Act s. 56(5)(b)) 4
8A. Arrangements prescribed for remuneration of CEOs (Act s. 57(1)(b)) 4
Period prescribed (Act s. 59(4)) 7
Classes prescribed (Act s. 64(5)(b)) 7
Period prescribed (Act s. 70(6)) 8
Amount prescribed (Act s. 72(2)(b)) 8
Salary level prescribed (Act s. 75(2)(a)) 8
Classes of employees prescribed (Act s. 76(1)(b)) 8
Offences prescribed (Act s. 80A serious offence) 9
Procedures prescribed (Act s. 81(2)) 10
Period prescribed (Act s. 92(2)) 10
Personnel records prescribed 11
Period prescribed (Act Sch. 5 cl. 13(14)) 12
Notes
Compilation table 13
Other notes 15
Defined terms
Public Sector Management Act 1994
Public Sector Management (General) Regulations 1994
1. Citation
These regulations may be cited as the Public Sector Management (General) Regulations 1994.
2. Commencement
These regulations come into operation on the day on which Part 9 of the Act comes into operation.
[3, 4. Deleted: SL 2025/122 r. 19.]
4A. Deemed chief executive officers (Act s. 4(5))
(1) For the purposes of section 4(5) of the Act, the Director within the meaning of the is deemed to be the chief executive officer of the department designated under section 35 of the Act as the Office of the Director of Public Prosecutions.
Director of Public Prosecutions Act 1991
(2) For the purposes of section 4(5) of the Act, the Inspector of Custodial Services under the Inspector of Custodial Services Act 2003 is deemed to be the chief executive officer of the department designated under section 35 of the Act as the Office of the Inspector of Custodial Services.
(3) For the purposes of section 4(5) of the Act, the Information Commissioner under the Information Commissioner Act 2024 is deemed to be the chief executive officer of the department designated under section 35 of the Act as the Office of the Information Commissioner.
[Regulation 4A inserted: Gazette 18 Aug 1995 p. 3775; amended: Gazette 16 Jun 2000 p. 2958; No. 75 of 2003 s. 56(1); SL 2025/116 r. 4.]
4B. Deemed chief employee (Act s. 4(5))
For the purposes of section 4(5) of the Act, the Director within the meaning of the Health Services (Conciliation and Review) Act 1995 is deemed to be the chief employee of the Office of Health Review established by section 6(1) of that Act.
[Regulation 4B inserted: Gazette 7 Jun 1996 p. 2414.]
5. Employing authorities (Act s. 5(3))
For the purposes of section 5(3) of the Act —
[(a), (b) deleted]
(c) the Law Reform Commission of Western Australia established under the Law Reform Commission Act 1972 is the employing authority of the public service officer who is for the time being —
(i) appointed within the meaning of section 14 of that Act; and
(ii) known as the Executive Officer and Director of Research of that Commission;
and
(d) The State Housing Commission established under the State Housing Act 1946 (now repealed) and preserved and continued under the Housing Act 1980 is the employing authority of public service officers who are for the time being appointed, or whose services are for the time being co‑opted, within the meaning of —
(i) section 15 of the Government Employees’ Housing Act 1964 1; or
(ii) section 15 of the Industrial and Commercial Employees’ Housing Act 1973 2.
[Regulation 5 amended: Gazette 18 Aug 1995 p. 3775; 7 Jun 1996 p. 2414; 19 Nov 1999 p. 5792; 29 Dec 2006 p. 5920; SL 2020/189 r. 4.]
5A. Human resource management activities prescribed (Act s. 21(1)(a)(ii))
For the purposes of section 21(1)(a)(ii) of the Act, temporary deployment (acting) and grievance resolution are prescribed as human resource management activities relating to employees.
[Regulation 5A inserted: Gazette 19 Sep 1997 p. 5289.]
6A. Entity prescribed for delegation by CEO (Act s. 33(1)(c)(ii))
(1) For the purposes of section 33 of the Act, the Police Force (within the meaning of the Police Act 1892) is prescribed as an entity.
(2) Subregulation (1) applies only to a delegation by the Commissioner of Police.
[Regulation 6A inserted: Gazette 24 Jan 2012 p. 555‑6.]
6. Salary level prescribed (Act s. 43(1))
(1) In this regulation —
industrial agreement has the meaning given in the Industrial Relations Act 1979 section 7(1);
Public Sector CSA Agreement 2024 means the industrial agreement known as the Public Sector CSA Agreement 2024.
(2) For the purposes of section 43(1) of the Act, the prescribed salary level is the level of the maximum salary payable in respect of a level 8 officer under Schedule 2 of the Public Sector CSA Agreement 2024.
[Regulation 6 inserted: SL 2025/122 r. 20.]
7. Amount prescribed (Act s. 56(3)(a))
For the purposes of section 56(3)(a) of the Act, the prescribed amount is an amount equal to the amount of remuneration payable to the executive officer concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that executive officer.
8. Amount prescribed (Act s. 56(5)(b))
For the purposes of section 56(5)(b) of the Act —
(a) the prescribed maximum amount is an amount equal to the amount of remuneration payable to the executive officer concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that executive officer; and
(b) the prescribed minimum amount is an amount equal to the amount of remuneration payable to the executive officer concerned for the last day on which remuneration is payable to that executive officer.
8A. Arrangements prescribed for remuneration of CEOs (Act s. 57(1)(b))
(1) In this regulation —
non‑SAT CEO means a chief executive officer whose office is not a SAT office;
PSC class, in relation to a non‑SAT CEO, means the classification of the officer determined under a classification system specified in a Commissioner’s instruction;
SAT CEO means a chief executive officer whose office is a SAT office;
SAT class means a salary band classification determined by the Tribunal in relation to SAT office‑holders who are CEOs;
SAT office means an office referred to in section 6(1)(d) or (e) of the Salaries and Allowances Act 1975;
Tribunal means the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975.
(2) For the purposes of section 57(1)(b) of the Act, the remuneration to be accorded a non‑SAT CEO under a contract of employment between the CEO and the CEO’s employing authority must be in accordance with this regulation.
(3) Subject to subregulations (6) and (8), the salary component of the remuneration to be accorded a non‑SAT CEO of a PSC class referred to in Column 1 of the Table to this subregulation must not exceed the upper limit of the salary range specified by the Tribunal for the corresponding SAT class indicated in Column 2.
Table
Column 1
Column 2
Below Class 1
Band 4
Class 1 or Band 4
Band 4
Class 2 or Band 4
Band 4
Class 3 or Band 3
Band 3
Class 4 or Band 3
Band 3
Band 2
Band 2
Band 1
Band 1
(4) Subject to subregulations (6) and (8), each non-salary component of the remuneration to be accorded a non-SAT CEO in receipt of a salary component of a given amount is not to exceed in value the corresponding non-salary component which might be accorded a SAT CEO in receipt of a salary component of that amount.
[(5) deleted]
(6) If the CEO’s employing authority is satisfied that the remuneration otherwise payable under this regulation would be insufficient in order to recruit and retain a particular person as a particular non‑SAT CEO, then —
(a) subregulations (3) and (4) do not apply; and
(b) the remuneration to be accorded that non‑SAT CEO may be as determined by the employing authority.
(7) Subregulation (8) applies to a person who was employed as a SAT CEO under a contract of employment but before the contract of employment expired, was transferred under section 50(1)(a)(ii) of the Act to the performance of other functions in the Senior Executive Service.
(8) If a person is a person to whom this subregulation applies, for the purpose of section 57(1)(b) of the Act, under a contract of employment entered into between the person and an employing authority —
(a) the salary component of remuneration to be accorded the person must not exceed the upper limit of the salary range specified by the Tribunal for the SAT class to which the person’s SAT office was assigned immediately before the person ceased to hold the SAT office; and
(b) each non-salary component of remuneration to be accorded the person is not to exceed in value the corresponding non-salary component which might be accorded a SAT CEO in receipt of a salary component of the same amount as the salary component which the person receives.
(9) If a determination of the Tribunal is revoked or amended in such a way that the SAT classes referred to in subregulation (3) or their salary ranges can no longer be identified, salary components of remuneration may continue to be accorded under this regulation as if the SAT determination were still in force on the terms in operation immediately before revocation or amendment.
(10) If a determination of the Tribunal is revoked or amended in such a way that a non-salary component of remuneration which may be accorded a SAT CEO in receipt of a given salary component can no longer be identified, the corresponding non-salary component of remuneration may continue to be accorded under this regulation as if the SAT determination were still in force on the terms in operation immediately before revocation or amendment.
[Regulation 8A inserted: Gazette 19 Nov 1999 p. 5792‑4; amended: Gazette 5 Apr 2002 p. 1833‑4; 16 Sep 2005 p. 4347‑8; 5 Nov 2010 p. 5571; 5 Jun 2012 p. 2364‑6.]
9. Period prescribed (Act s. 59(4))
For the purposes of section 59(4) of the Act, the prescribed period is a period equal to the period in respect of which the amount of compensation paid to the person concerned under section 59 of the Act was calculated.
10. Classes prescribed (Act s. 64(5)(b))
For the purposes of section 64(5)(b) of the Act, the prescribed classes are —
(a) the class constituted by persons holding offices, posts or positions, appointed to the base grade of the general division; and
(b) the class constituted by persons holding appointments made on the grounds of locality in a region, other than the Peel region, described in the Regional Development Commissions Act 1993 Schedule 1; and
(c) the class constituted by persons holding appointments made under the terms and conditions of an apprenticeship, traineeship or cadetship.
[(d)-(f) deleted]
[Regulation 10 amended: Gazette 9 Dec 1994 p. 6714‑15; 22 Apr 1997 p. 2061; SL 2025/122 r. 21.]
11. Period prescribed (Act s. 70(6))
For the purposes of section 70(6) of the Act, the prescribed period is a period equal to the period in respect of which the amount of compensation paid to the person concerned under section 70 of the Act was calculated.
12. Amount prescribed (Act s. 72(2)(b))
For the purposes of section 72(2)(b) of the Act, the prescribed amount is an amount equal to the amount of salary payable to the ministerial officer concerned for the period of 12 weeks immediately preceding the day on which remuneration ceased to be payable to that ministerial officer.
13. Salary level prescribed (Act s. 75(2)(a))
For the purposes of section 75(2)(a) of the Act, the prescribed salary level is the level of the maximum salary payable in respect of a level 5 office under the award —
(a) made by the Industrial Commission under the Industrial Relations Act 1979; and
(b) known as the Public Service Award 1992.
14. Classes of employees prescribed (Act s. 76(1)(b))
For the purposes of section 76(1)(b) of the Act, the following classes of employees are prescribed —
(a) persons employed under the Vocational Education and Training Act 1996 section 47; and
(b) government officers employed by any employing authority of an entity (other than the North Metropolitan Health Service) listed in Schedule A of the award —
(i) made by the Industrial Commission under the Industrial Relations Act 1979; and
(ii) known as the Government Officers Salaries, Allowances and Conditions Award 1989;
and
(c) persons employed under the Disability Services Act 1993 section 9(2) to whom the Government Officers (Social Trainers) Award 1988 made under the Industrial Relations Act 1979 applies.
[Regulation 14 inserted: Gazette 1 Oct 1996 p. 5112; amended: Gazette 19 Aug 2014 p. 2996; SL 2020/2 r. 4; SL 2025/122 r. 22.]
15. Offences prescribed (Act s. 80A serious offence)
For the purposes of paragraph (d) of the definition of serious offence in section 80A of the Act, the following offences are prescribed —
(a) offences which involve —
(i) fraud or dishonesty; or
(ii) wilful damage to or destruction of, the property of others;
(b) offences which are committed against the persons of others;
(c) offences which are punishable on conviction by imprisonment for 2 years or more.
[Regulation 15 inserted: Gazette 5 Nov 2010 p. 5571‑2.]
16. Procedures prescribed (Act s. 81(2))
For the purposes of section 81(2) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed procedures in accordance with which a suspected breach of discipline is to be investigated are that the respondent is notified in writing —
(a) that an investigation of the suspected breach of discipline is being initiated and of the purpose of that investigation; and
(b) that the investigation referred to in paragraph (a) will lead to a finding being made in respect of, and may lead to action being taken against, the respondent under Division 3 of Part 5 of the Act and of the range of possible findings and possible action; and
(c) of the steps which may be taken in the conduct of that investigation prior to the making of a finding, and the taking of any action, against the respondent; and
(d) of any interviews or meetings which the respondent is required to attend; and
(e) of his or her right to have present during any interviews or meetings attended by the respondent a representative capable of providing advice to the respondent.
[Regulation 16 amended: Gazette 5 Nov 2010 p. 5572.]
[17-22. Deleted: SL 2025/122 r. 23.]
23. Period prescribed (Act s. 92(2))
For the purposes of section 92(2) of the Act, as continued under Schedule 8 clause 2(1) of the Act, the prescribed period is 14 days.
[Regulation 23 amended: Gazette 5 Nov 2010 p. 5573.]
[24. Deleted: Gazette 5 Nov 2010 p. 5571.]
25. Personnel records prescribed
(1) A public sector body is required to establish, keep and maintain for each permanent or contract employee, including trainees and cadets, personnel records containing (as a minimum) the following details —
(a) information relating to the appointment of the employee; and
(b) the employment history of the employee; and
(c) details of the employee’s performance and any disciplinary matters relating to that employee; and
(d) information relating to the cessation of employment of that employee.
(2) Where an employee is employed as a part of the Public Service, the following details, in addition to those set out in subregulation (1), are to be recorded —
(a) the name and date of birth of the employee; and
(b) the date of appointment of that employee to the Public Service; and
(c) the title and classification of the office held by that employee.
(3) When an employee moves from one public sector body to another public sector body —
(a) the body to which the employee moves is required to seek the transfer the employee’s record from the previous body; and
(b) the body from which the employee moves is required to transfer the employee’s record to the new body.
26. Period prescribed (Act Sch. 5 cl. 13(14))
For the purposes of clause 13(14) of Schedule 5 to the Act, the prescribed period is a period equal to the period in respect of which the amount of compensation paid to the person concerned under clause 13(11) of that Schedule was calculated.
dline
Notes
This is a compilation of the Public Sector Management (General) Regulations 1994 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Public Sector Management (General) Regulations 1994
16 Sep 1994 p. 4798‑803
1 Oct 1994 (see r. 2 and Gazette 30 Sep 1994 p. 4948)
Public Sector Management (General) Amendment Regulations 1994
9 Dec 1994 p. 6714‑15
9 Dec 1994
Public Sector Management (General) Amendment Regulations 1995
18 Aug 1995 p. 3774‑5
18 Aug 1995
Public Sector Management (General) Amendment Regulations 1996
7 Jun 1996 p. 2413‑14
7 Jun 1996
Public Sector Management (General) Amendment Regulations (No. 4) 1996
27 Sep 1996 p. 4826‑7 (correction 8 Oct 1996 p. 5313)
27 Sep 1996
Public Sector Management (General) Amendment Regulations (No. 3) 1996
1 Oct 1996 p. 5112
1 Oct 1996
Public Sector Management (General) Amendment Regulations 1997
22 Apr 1997 p. 2061
22 Apr 1997
Public Sector Management (General) Amendment Regulations (No. 2) 1997
19 Sep 1997 p. 5289
19 Sep 1997
Reprint of the Public Sector Management (General) Regulations 1994 as at 18 Dec 1997 (includes amendments listed above)
Public Sector Management (General) Amendment Regulations 1999
19 Nov 1999 p. 5792‑4
19 Nov 1999
Public Sector Management (General) Amendment Regulations 2000
16 Jun 2000 p. 2957‑8
18 Jun 2000 (see r. 2 and Gazette 16 Jun 2000 p. 2939)
Public Sector Management (General) Amendment Regulations 2002
5 Apr 2002 p. 1833‑4
5 Apr 2002
Reprint 2: The Public Sector Management (General) Regulations 1994 as at 25 Jul 2003 (includes amendments listed above)
Inspector of Custodial Services Act 2003 s. 56(1) assented to 15 Dec 2003
15 Dec 2003 (see s. 2)
Public Sector Management (General) Amendment Regulations 2005
16 Sep 2005 p. 4347‑8
16 Sep 2005
Public Sector Management (General) Amendment Regulations 2006
29 Dec 2006 p. 5920
1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)
Public Sector Management (General) Amendment Regulations (No. 2) 2010
22 Oct 2010 p. 5223‑4
r. 1 and 2: 22 Oct 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Oct 2010 (see r. 2(b))
Public Sector Management (General) Amendment Regulations 2010
5 Nov 2010 p. 5570‑3
Pt. 1: 5 Nov 2010 (see r. 2(a)); Pt. 2: 1 Dec 2010 (see r. 2(b) and Gazette 5 Nov 2010 p. 5563); Pt. 3: 28 Mar 2011 (see r. 2(c) and Gazette 5 Nov 2010 p. 5563)
Reprint 3: The Public Sector Management (General) Regulations 1994 as at 3 Jun 2011 (includes amendments listed above)
Public Sector Management (General) Amendment Regulations 2012
24 Jan 2012 p. 555‑6
r. 1 and 2: 24 Jan 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jan 2012 (see r. 2(b))
Public Sector Management (General) Amendment Regulations (No. 2) 2012
5 Jun 2012 p. 2363‑6
r. 1 and 2: 5 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Jun 2012 (see r. 2(b))
Public Sector Management (General) Amendment Regulations 2014
19 Aug 2014 p. 2996
r. 1 and 2: 19 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Aug 2014 (see r. 2(b))
Public Sector Management (General) Amendment Regulations 2020
SL 2020/2 24 Jan 2020
r. 1 and 2: 24 Jan 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jan 2020 (see r. 2(b))
Public Sector Management (General) Amendment Regulations (No. 2) 2020
SL 2020/189 9 Oct 2020
r. 1 and 2: 9 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Nov 2020 (see r. 2(b))
Public Sector Management (General) Amendment Regulations 2025
SL 2025/116 25 Jun 2025
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))
Public Sector Management Regulations Amendment Regulations (No. 2) 2025 Pt. 3
SL 2025/122 25 Jun 2025
1 Jul 2025 (see r. 2(b))
Other notes
1 The Government Employees’ Housing Act 1964 s.15 was deleted by the Machinery of Government(Miscellaneous Amendments) Act 2006 s. 300.
2 Repealed by the Country Housing Act 1998 s. 47*.*
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
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