Acts Amendment (Parliamentary, Electorate and Gubernatorial Staff) Act 1992 (WA)

WESTERN AUSTRALIA

ACTS AMENDMENT

(PARLIAMENTARY, ELECTORATE

AND GUBERNATORIAL STAFF)

ACT 1992

No. 40 of 1992

AN ACT to amend

the Constitution Acts Amendment Act 1899;

the Government Employees Superannuation Act 1987;

the Industrial Relations Act 1979;

the Temporary Reduction of Remuneration (Senior

Public Officers) Act 1983; and

the Workers' Compensation and Rehabilitation Act

1981,

and for related matters.

[Assented to 2 October 1992.]

The Parliament of Western Australia enacts as follows:

No. 40] Acts Amendment (Parliamentary, Electorate

and Gubernatorial Staff) Act 1992

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Acts Amendment

(Parliamentary, Electorate and Gubernatorial Staff) Act 1992.

Commencement

2. This Act shall come into operation on the day on which

section 7 (1) of the Industrial Relations Amendment Act (No. 4)

1987 comes into operation.

Acts Amendment (Parliamentary, Electorate

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and Gubernatorial Staff) Act 1992

PART 2 — CONSTITUTION ACTS AMENDMENT ACT 1899

Schedule V amended

3. Schedule V to the Constitution Acts Amendment Act 1899* is

amended —

(a)	in Division 2 of Part 2 by deleting "Any person who is an officer of either House of Parliament under the separate control of the President or Speaker, or under their joint control." and substituting the following —

Any person who is a member of a department of the staff of Parliament referred to in, or an electorate officer within the meaning of, the Parliamentary and Electorate Staff (Employment) Act 1992.

and

(b)

in Part 3 by deleting "1989" in the item relating to the State Supply Commission and substituting the following —

1991

[* Reprinted as at 16 March 1989.

For subsequent amendments, see 1991 Index to

Legislation of Western Australia, pp. 42-4.]

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Acts Amendment (Parliamentary, Electorate

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PART 3 — GOVERNMENT EMPLOYEES

SUPERANNUATION ACT 1987

Principal Act

4. In this Part, the Government Employees Superannuation Act

1987* is referred to as the principal Act.

[* Act No. 25 of 1987.

Reprinted as at 15 November 1991.]

Section 3 amended

5. Section 3 of the principal Act is amended in the definition of

"employee" in subsection (1) by deleting

(a)	"and" at the end of paragraph (b); and
(b)	paragraph (c) and substituting the following —

CC (c) a member of the Governor's

Establishment within the meaning of the Governor's Establishment Act 1992; and

(d) a member of a department of the staff

of Parliament referred to in the

Parliamentary and Electorate Staff

)3.

(Employment) Act 1992;

Schedule 1 amended

6. Schedule 1 to the principal Act is amended in Part A by

(a) inserting in the appropriate alphabetical position the

following —

Governor or his or her delegate under the

Governor's Establishment Act 1992

and

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(b) deleting —

"Joint House Committee

Joint Library Committee

Joint Printing Committee

Legislative Assembly

Legislative Council"

and substituting in the appropriate alphabetical

position the following —

lf President of the Legislative Council or

Speaker of the Legislative Assembly or President of the Legislative Council and Speaker of the Legislative Assembly, acting jointly, as the case requires, under the Parliamentary and Electorate Staff (Employment) Act 1992

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PART 4 — INDUSTRIAL RELATIONS ACT 1979

Principal Act

7. In this Part, the Industrial Relations Act 1979* is referred to

as the principal Act.

[* Reprinted as at 12 June 1991.

For subsequent amendments, see 1991 Index to

Legislation of Western Australia, pp. 99-100.]

Section 7 amended

8. Section 7 (1) of the principal Act is amended in the definition

of "public authority" by inserting after "in right of the State," the

following —

the President of the Legislative Council or the Speaker of the Legislative Assembly or the President of the Legislative Council and the Speaker of the Legislative Assembly, acting jointly, as the case requires, under the Parliamentary and Electorate Staff (Employment) Act 1992, the Governor or his or her delegate under the Governor's Establishment Act 1992,

Section 80C amended, and transitional

9. (1) Section 80C (1) of the principal Act is amended in the

definition of "Government officer" by —

(a) inserting after paragraph (a) the following

paragraphs —

{I (aa) each member of the Governor's

Establishment within the meaning of the Governor's Establishment Act 1992;

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(ab) each member of a department of the staff of Parliament referred to in, and each electorate officer within the meaning of, the Parliamentary and Electorate Staff (Employment) Act 1992;

(b)	inserting "or" after paragraph (e);
(c)	deleting the semi-colon at the end of paragraph (f) and substituting a full stop; and
(d)	deleting paragraphs (g) and (h).

(2) A person who ceased, before the day referred to in section 2 (in this subsection referred to as "the commencing day"), to be —

(a)

employed, otherwise than under the Public Service Act 1978, as a member of the staff at Government House, Perth, including the grounds appurtenant thereto;

(b)

a member of the staff of Parliament in the Department of the Legislative Council, the Department of the Legislative Assembly, the Department of the Parliamentary Reporting Staff, the Department of the Parliamentary Library or the Joint House Department; or

(c)

an electorate officer appointed to assist —

(i)	a member of the Legislative Council or the Legislative Assembly in dealing with constituency matters; or
(ii)	the secretary of a parliamentary political party,

has the same right to appeal to a Public Service Appeal Board under Division 2 of Part IIA of the principal Act in respect of that cessation as he or she would have had if that cessation had

No. 40] Acts Amendment (Parliamentary, Electorate

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occurred after the commencing day, and that person shall, if he or she wishes to exercise the right of appeal conferred by this subsection and notwithstanding any regulations made under the principal Act, commence his or her appeal within the period of 90 days beginning on the commencing day.

Section SOX amended

10. Section 80X (1) of the principal Act is amended in the

definition of "office" by deleting paragraphs (U and (g).

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PART 5 — TEMPORARY REDUCTION OF

REMUNERATION (SENIOR PUBLIC OFFICERS)

ACT 1983

Section 3 amended

11. Section 3 (1) (a) of the Temporary Reduction of Remuneration (Senior Public Officers) Act 1983* is amended by deleting subparagraphs (vi) and (vii) and substituting the following subparagraphs —

'C (vi) is a member of a department of the staff of

Parliament referred to in, or an electorate officer within the meaning of, the Parliamentary and Electoral Staff (Employment) Act 1992;

(vii) is a member of the Governor's Establishment within the meaning of the Governor's

Establishment Act 1992;

[* Act No. 7 of 1983.

For subsequent amendments, see Act No. 44 of 1991.]

No. 40] Acts Amendment (Parliamentary, Electorate

and Gubernatorial Staff) Act 1992

PART 6 — WORKERS' COMPENSATION AND

REHABILITATION ACT 1981

Principal Act

12. In this Part, the Workers' Compensation and Rehabilitation

Act 1981 * is referred to as the principal Act.

[* Reprinted as at 9 October 1991.]

Section 14 amended

13. Section 14 of the principal Act is amended by repealing

subsection (2a) and substituting the following subsection —

(2a) For the purposes of this Act, a person —

(a)	who is not a worker referred to in subsection (2), but who holds a judicial or other statutory office; or
(b)	who is a member of the Governor's Establishment within the meaning of the Governor's Establishment Act 1992,

is deemed to be a worker employed by or under the

Crown.

Section 130 amended

14. Section 130 of the principal Act is amended by repealing

subsection (5) and substituting the following subsections —

(5) When the employer is —

(a) the Crown in right of the State, notice in

respect of a disability under this Act shall

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be served on the State Crown Solicitor, at Perth, or the manager of the work on which the worker was employed at the time of the accident;

(b)	the Governor under the Governor's Establishment Act 1992, notice in respect of a disability under this Act shall be served on the Official Secretary within the meaning of that Act;

(i) in the case of a worker who is a member of the Department of the Legislative Council, on the Clerk of the Legislative Council; or

(ii) in the case of a worker who is an electorate officer, on the Director- General;

(d) the Speaker of the Legislative Assembly, notice in respect of a disability under this Act shall be served —

(i) in the case of a worker who is a member of the Department of the Legislative Assembly, on the Clerk of the Legislative Assembly; or

(ii) in the case of a worker who is an electorate officer, on the Director- General;

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(e) the President of the Legislative Council and the Speaker of the Legislative Assembly, acting jointly, notice in respect of a disability under this Act shall be served, in the case of a worker who is a member of —

(i) the Department of the Parliamentary Reporting Staff, on the Chief Hansard Reporter;

(ii) the Department of the Parliamentary Library, on the Parliamentary Librarian; or

(iii) the Joint House Department, on the Executive Officer of the Joint House Department,

as the case requires.

(6) A reference in subsection (5) (c), (d) or (e) to an expression that is defined in the Parliamentary and Electorate Staff (Employment) Act 1992 is a reference to that expression as so defined.