Acts Amendment (Public Sector Management) Act 1994 (WA)
WESTERN AUSTRALIA
ACTS AMENDMENT
(PUBLIC SECTOR MANAGEMENT)
ACT 1994
No. 32 of 1994
AN ACT to amend various Acts as a consequence of the
repeal of the Public Service Act 1978 and the
enactment of the Public Sector Management Act 1994.
[Assented to 29 June 1994.]
The Parliament of Western Australia enacts as follows:
| No. 32] | Acts Amendment (Public Sector |
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PART 1— PRELIMINARY
Short title
1. This Act may be cited as the Acts Amendment (Public Sector Management) Act 1994.
Commencement
2. The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation.
| Acts Amendment (Public Sector | [No. 32 |
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PART 2 — AMENDMENTS RELATING TO THE PUBLIC
SERVICE ACT 1904 AND THE PUBLIC SERVICE ACT 1978
"Public Service Act 1904" and "Public Service Act 1978"
replaced by "Part 3 of the Public Sector Management Act
1994" in various Acts
3. (1) The Acts in Column 1 of Schedule 1 are amended in
the provision or provisions listed opposite them in Column 2 by deleting "the Public Service Act 1904" or "The Public Service Act 1904", as the case requires, and substituting the following —
| " | Part 3 of the Public Sector Management Act 1994 |
(2) The Acts in Column 1 of Schedule 2 are amended in the provision or provisions listed opposite them in Column 2 by deleting "the Public Service Act 1978" or "The Public Service Act 1978", as the case requires, and substituting the following —
| " | Part 3 of the Public Sector Management Act 1994 |
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PART 3 — AMENDMENTS RELATING TO PUBLIC
SERVICE BOARD
Amendments to various Acts to delete references to
"Public Service Board"
4. The Acts in Column 1 of Schedule 3 are amended in the
provisions opposite them in Column 2 by deleting "Chairman of
the Public Service Board" and substituting the following —
et
Minister for Public Sector Management
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PART 4 — AMENDMENTS TO SPECIFIED ACTS
Agricultural Products Act 1929 amended
5. The Agricultural Products Act 1929* is amended —
| (a) | in section 2 (1) by deleting "Public Service Act 1978" in the definition of "Director General" and substituting the following — |
Part 3 of the Public Sector Management Act
1994
| (b) | in section 2A (1) by deleting ", under and in accordance with the provisions of the Public Service Act 1904,"; and |
| (c) |
by inserting after section 2A (1) the following 1<
(la) Inspectors and other officers appointed under subsection (1) hold office under and subject to Part 3 of the Public Sector Management Act 1994.
[* Reprinted as at 14 January 1970.
For subsequent amendments see 1992 Index to
Legislation of Western Australia, Table 1, p. 6.1
Censorship of Films Act 1947 amended
6. Section 7 of the Censorship of Films Act 1947* is
amended —
(a) in subsection (1) by deleting ", subject to the provisions of the Public Service Act 1904-47,"; and
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(b) by inserting after subsection (1) the following
subsection
«
(la) Persons appointed under subsection (1) hold office under and subject to Part 3 of the Public Sector Management Act 1994.
[* Reprinted as at 14 December 1978.
For subsequent amendments see 1992 Index to
Legislation of Western Australia, Table 1, p. 27.]
Coal Mines Regulation Act 1946 amended
7. The Coal Mines Regulation Act 1946* is amended —
| (a) | by repealing section 5A (2) and substituting the following subsection — |
Ci
(2) A person appointed under subsection (1) holds office under and subject to Part 3 of the Public Sector Management Act 1994.
and
| (b) | by repealing section 9 and substituting the following section - |
Conditions of appointment
9. (1) Departmental inspectors are appointed under and subject to Part 3 of the Public Sector Management Act 1994.
(2) Special and workmen's inspectors
are not by reason of their appointment as
| Acts Amendment (Public Sector | [No. 32 |
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such subject to the provisions of Part 3 of
the Public Sector Management Act 1994.
(3) No departmental, special or workmen's inspector shall hold any interest in any coal mine in the State, without the permission in writing of the Minister.
[* Reprinted as at 2 September 1980.
For subsequent amendments see 1992 Index to
Legislation of Western Australia, Table 1, p. 33.]
Coal Mining Industry Long Service Leave Act 1960
amended
8. Section 5 of the Coal Mining Industry Long Service Leave
Act 1950* is repealed and the following section is substituted —
Administrator and staff
5. (1) There shall be an Administrator of the Fund
who shall be appointed by the Governor.
The Administrator shall exercise and
discharge the functions conferred upon him or her
under this Act.
(2)
The Governor may appoint such officers and
employees as are necessary for the administration of
this Act.
(3)
(4)
The Administrator and officers and employees appointed under this section hold office under and subject to Part 3 of the Public Sector Management Act 1994.
[* Reprinted as at 7 April 1971.
For subsequent amendments see 1992 Index to
Legislation of Western Australia, Table 1, p. 343
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Constitution Acts Amendment Act 1899 amended
9. Schedule V to the Constitution Acts Amendment Act 1899* is
amended —
(a) in Part 1 by repealing Divisions 2 and 3 and substituting the following Division —
Division 2
Auditor General appointed under the Financial Administration and Audit Act 1985.
Agent General appointed under the Agent General Act 1895.
Chief executive officer of an agency within the meaning of the Public Sector Management Act 1994.
Clerk of the Legislative Assembly.
Clerk of the Legislative Council.
Commissioner for Public Sector Standards appointed under the Public Sector Management Act 1994.
Commissioner of Police appointed under the Police Act 1892.
Commissioner of Workplace Agreements appointed under the Workplace Agreements Act 1993.
Director of Public Prosecutions and Deputy Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991.
| Acts Amendment (Public Sector | [No. 32 |
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Electoral Commissioner or Deputy Electoral Commissioner appointed under the Electoral Act 1907.
Information Commissioner appointed under
the Freedom of Information Act 1992.
Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971.
Senior executive officer within the meaning of the Public Sector Management Act 1994.
Solicitor-General appointed under the
Solicitor-General Act 1969.
A prescribed office within the meaning of
the Salaries and Allowances Act 1975.
and (b) in Part 2 by repealing Division 2 and substituting the
following Division —
Division 2
The office or place of —
Any person employed in a department or SES organization within the meaning of the Public Sector Management Act 1994, that is to say —
(a) any person employed in —
(i) that department who is a
public service officer; or
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(ii) that SES organization who is a member of the Senior Executive Service,
within the meaning of that Act;
| (b) | any person appointed or employed by the Governor under any Act administered in that department or SES organization; | |||||
| (c) | any person — | |||||
| ||||||
| being a person appointed or employed by — | ||||||
|
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organization in whom the power to make minor appointments is vested in accordance with the proviso to section 74 of the Constitution Act 1889.
Any person appointed or employed by the holder of an office mentioned in Division 2 of Part 1.
Any person appointed or employed by a body mentioned in Part 3 or by an instrumentality of which such a body is the governing authority or by the Western Australian Museum constituted under the Museum Act 1969, the Library Board of Western Australia constituted under the Library Board of Western Australia Act 1951, or the Western Australian Alcohol and Drug Authority established under the Alcohol and Drug Authority Act 1974.
Any person who is an employee within the meaning of the Public Sector Management Act 1994 not referred to in a preceding item of this Division.
Any person who is a member of the Police Force appointed under the Police Act 1892.
Any person who is a member of the teaching staff appointed under the Education Act 1928.
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Any person appointed pursuant to section 74 of the Constitution Act 1889 other than a member of the Executive Council who holds any of the principal executive offices of the Government liable to be vacated on political grounds that are referred to in section 43.
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.
[* Reprinted as at 6 April 1993.
For subsequent amendments see Acts Nos. 2, 10, 13, 26 and 36 of 1993.]
The Criminal Code amended
10. Section 1 (1) of The Criminal Code* is amended by deleting paragraph (c) of the interpretation of "public officer" and substituting the following paragraph —
(c) a public service officer within the meaning of the
Public Sector Management Act 1994;
[* Reprinted as at 31 May 1991 as the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Compilation Act 1913.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, p. 52 and Acts Nos. 53 of 1992 and 31 of 1993.]
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Electoral Act 1907 amended
11. The Electoral Act 1907* is amended —
| (a) |
by repealing section 5E (1) and substituting the "
(1) The Public Sector Management Act 1994 does not apply to or in relation to the appointment of the Electoral Commissioner and the Electoral Commissioner is not, except as provided in section 4 of that Act, subject to the provisions of that Act.
| (b) | in section 5E (5) by deleting "the Public Service Act 1978" in both places where it occurs and substituting in each case the following — |
Part 3 of the Public Sector Management Act
1994
| (c) | in section SE (6) by deleting "The Public Service Act 1978" and substituting the following — |
Part 3 of the Public Sector Management Act
1994
and
| (d) |
in section 15 (2) by deleting "The Public Service Act "
Part 3 of the Public Sector Management Act
1994
[* Reprinted as at 1 January 1989.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, p. 65 and Acts Nos. 6 and 31 of 1993.]
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Financial Administration and Audit Act 1985 amended
12. The Financial Administration and Audit Act 1985* is
amended —
| (a) | in section 3 (1) by deleting the definition of "chief executive officer"; |
| (b) | by deleting section 71 (2) and (3) and substituting the following subsection |
(2) The Public Sector Management Act 1994 does not apply to or in relation to the appointment of the Auditor General and the Auditor General is not, except as provided in section 4 of that Act, subject to the provisions of that Act.
| (c) | in section 72 (2) by deleting "officers appointed under the Public Service Act 1978" and substituting the following — |
public service officers within the meaning
of the Public Sector Management Act 1994
and
| (d) | in Part II of Schedule lA by deleting "chief executive officer of the Office of Auditor General" in section 52 (2) in column 2 and substituting the following — | ||
|
[* Reprinted as at 1 July 1991.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, p. 74 and Acts Nos. 59, 60 and 76 of 1992 and 2, 6, 13 and 36 of 1993.]
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Government Employees Superannuation Act 1987 amended
and saving
13. (1) The Government Employees Superannuation Act 1987*
is amended —
| (a) | in section 3 (1) by deleting subparagraph (i) of paragraph (a) (i) in the definition of "employee" and substituting the following subparagraph — |
(i) section 64 (1) or 100 (2) of the Public Sector Management Act 1994;
| (b) | in section 3 (7) by inserting after "established" the following — |
or continued
| (c) | in section 8 (1) by deleting "the Public Service Act |
1978" and substituting the following —
Part 3 of the Public Sector Management Act
1994
| (d) | in section 8 (2) by deleting "the Public Service Act |
1978" and substituting the following —
Part 3 of the Public Sector Management Act
1994
and
(e) in Part A of the List of Employers in Schedule 1 by
deleting "All public service departments established
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
under the Public Service Act 1978" and substituting
the following —
All public service departments established or
continued under the Public Sector Management
Act 1994
(2) The amendment made by subsection (1) (a) does not prevent a person who was, immediately before the commencement of this section, an employee from continuing to be an employee for the purposes of the Government Employees Superannuation Act 1987 for so long as the person would have been an employee if the amendment had not been made.
[* Reprinted as at 15 November 1991.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, p. 88 and Acts Nos. 76 of 1992 and 6, 8, 13, 36 and 47 of 1993.]
Industrial Relations Act 1979 amended
14. The Industrial Relations Act 1979* is amended —
|
di
"public service officer" means a public service officer within the meaning of the Public Sector Management Act 1994;
| (b) | in section 73A (1) — |
(i) in the definition of "teacher", by deleting "public
servant" and substituting the following —
| ir< | public service officer |
| and |
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(ii) in the definition of "teaching staff of the Department", by deleting "public servants" and substituting the following —
It
public service officers
(c) in section 80C (1) —
(i) by deleting paragraph (a) of the definition of "employer" and substituting the following paragraph —
C'
(a) in relation to a Government officer who is a public service officer, means the employing authority of that public service officer;
(ii) by inserting after the definition of "employer" the following definition -
it
"employing authority" means employing authority within the meaning of the Public Sector Management Act 1994;
and
(iii) in the definition of "Government officer", by deleting paragraph (a) and substituting the following paragraph —
75;
(a) every public service officer;
(d) in section 80H (4) by deleting "(d), (e) or (f)" and substituting the following —
(d) or (e)
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(e) in section 801 —
(i) by repealing subsection (1) and substituting the following subsection —
(1) Subject to section 52 of the
Public Sector Management Act 1994, a
Board has jurisdiction to hear and
determine —
| (a) | an appeal by any public service officer against any decision of an employing authority in relation to an interpretation of any provision of the Public |
Sector Management Act 1994, and any provision of
the regulations made under that Act, concerning the conditions of service (other than salaries and allowances) of public service officers;
| (b) | an appeal by a public service officer, who is the holder of an office included in the Special Division of the Public Service for the purposes of section 6 (1) of the Salaries and |
Allowances Act 1975,
under section 78 of the Public Sector
Management Act 1994
against a decision referred to in subsection (1) (b) of that section;
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Management) Act 1994
| (c) | an appeal, other than an appeal under section 78 (1) of the Public Sector Management Act 1994, by any Government officer who occupies a position that carries a salary not lower than the prescribed salary from a decision, determination or recommendation of the employer of that Government officer that the Government officer be dismissed; |
| (d) | an appeal by a public service officer, other than a person referred to in paragraph (b), under section 78 of the Public Sector Management Act 1994 against a decision referred to in subsection (1) (b) of that section; |
| (e) | an appeal, other than an appeal under section 78 (1) of the Public Sector Management Act 1994, by any Government officer who occupies a position that carries a salary lower than the prescribed salary from a decision, determination or recommendation of the employer of that Government officer that |
| No. 32] | Acts Amendment (Public Sector |
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the Government officer be
dismissed,
and to adjust all such matters as are referred to in paragraphs (a), (b), (c), (d) and (e).
and
(ii) in subsection (2) by inserting after "Public Service" the following —
for the purposes of section 6 (1) of
| the Salaries and Allowances Act 1975 | " |
| (f) | in section 80J (b) by deleting "public servant" and substituting the following — |
public service officer
| (g) | in section 80X — | |
|
1978" and substituting the following —
office under Part 3 of the Public
Sector Management Act 1994
(ii) in the definition of "promotion" in subsection (1) by inserting after "reclassification of an office" the following —
or redeployment under regulations referred to in section 94 of the Public
Sector Management Act 1994
and
| Acts Amendment (Public Sector | [No. 32 |
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(iii) in subsection (2) (a) by deleting "public servant" and substituting the following —
public service officer
(h) in section 85 (7) by deleting "the Public Service Act 1978" and substituting the following
"
Part 3 of the Public Sector Management Act
1994
(0 in section 93 —
(i) in subsection (1) by deleting "the Public Service
Act 1978" and substituting the following —
a
Part 3 of the Public Sector
Management Act 1994
and
(ii) in subsection (la) by deleting "the Public Service
Act 1978" and substituting the following
"
Part 3 of the Public Sector
Management Act 1994
and (j) in section 98 (1) by deleting "the Public Service Act
1978" and substituting the following —
Part 3 of the Public Sector Management Act
1994
[* Reprinted as at 12 June 1991.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, p. 101 and Acts Nos. 6 and 15 of 1993.]
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Interpretation Act 1984 amended
15. The Interpretation Act 1984* is amended in section 5 —
(a) by deleting the definition of "chief executive officer" and substituting the following definition —
ft
"chief executive officer" has the
meaning given by the Public Sector
Management Act 1994 and —
(a) when used in relation to —
| (i) | an agency within the meaning of that Act; or |
(ii) an office or employee in, or anything else connected with, an agency within the meaning of that Act,
means the chief executive officer
of the agency; and
(b) when used in an enactment otherwise than in the circumstances referred to in paragraph (a), means the chief executive officer of the agency principally assisting the Minister administering the enactment in its administration;
(b) by inserting after the definition of "Minister" the following definition —
"Minister for Public Sector
Management" means the Minister
of the Crown to whom the
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
administration of the Public Sector Management Act 1994 is for the time being committed by the Governor;
».
| (c) | by inserting after the definition of "proclamation" the following definition — |
"Public Service" has the meaning given by the Public Sector Management Act 1994;
and
| (d) | by deleting the definitions of "the Public Service" and "the Public Service Commissioner". |
[* Reprinted as at 4 November 1992.
For subsequent amendments see Act No. 6 of 1993.]
Superannuation and Family Benefits Act 1938 amended
16. Section 6 (1) of the Superannuation and Family Benefits Act 1938* is amended in the definition of "employee" by inserting after paragraph (a) the following paragraph —
(aa) a person who is an executive officer within the meaning of the Public Sector Management Act 1994 shall be deemed to be employed in a permanent capacity;
[* Reprinted as at 9 August 1989.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, pp. 204-5 and Acts Nos. 6 and 8 of 1993.]
| No. 32] | Acts Amendment (Public Sector |
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Taxation (Staff Arrangements) Act 1969 amended
17. The Taxation (Staff Arrangements) Act 1969* is
amended —
(a) in section 2 —
(i) by deleting the definitions of "the Commissioner" and "the Public Service Act"; and
(ii) in the definition of "the Public Service of Western Australia", by deleting "section 5 of the Public Service Act" and substituting the following —
section 3 of the Public Sector
Management Act 1994
(b) in section 3 by deleting "the Public Service Act" and substituting the following —
the Public Sector Management Act 1994
(c) in section 4 (1) by deleting "Commissioner" in the 3 places where it occurs and substituting in each case the following —
| CC | PP; |
chief executive officer
(d) in section 5 (1) by deleting "the Commissioner is, by force of this section, empowered to appoint that employee to the Public Service of Western Australia" and substituting the following —
44
chief executive officer is, by force of this section, empowered to appoint that employee under section 64 of the Public Sector Management Act 1994
| Acts Amendment (Public Sector | [No. 32 |
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| (e) | in section 5 (2) by deleting "and the provisions of paragraphs (b), (c), (d) and (f) of section 21 or of sections 23, 27, 28 or 29 of the Public Service Act shall not apply in relation to the appointment"; |
| (f) | in section 6 (1) by deleting "Commissioner" in both places where it occurs and substituting in each case the following — |
7);
chief executive officer
| (g) | in section 6 (2) by deleting "The provisions of section 31 of the Public Service Act, other than subsections (1) and (2) of that section," and substituting the following — |
CS
The provisions of the Public Sector
Management Act 1994
| (h) | in section 7 (1) — | |
|
"
Parts 5 and 6 of the Public Sector
Management Act 1994
and
(ii) by deleting "Commissioner" and substituting the
following —
>7.;
chief executive officer
(i) in section 7 (2) by deleting "Commissioner" and substituting the following —
ft
chief executive officer
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
| (j) | by repealing section 7 (4); |
| (k) | in section 9 (2) by deleting "Public Service Act" and substituting the following — |
!If
Public Sector Management Act 1994
(1) in section 10 (1) —
(i) by deleting "sections 56 and 56A of the Public Service Act" and substituting the following —
4t
the Public Sector Management Act
1994
and
(ii) in paragraph (b), by deleting "Public Service Act" and substituting the following —
|
Public Sector Management Act 1994
| (m) | in section 10 (2) by deleting "Commissioner" and substituting the following — |
| chief executive officer | "; and |
| (n) | in section 13 (2) by deleting "Public Service Act" in both places where it occurs and substituting in each case the following — |
Public Sector Management Act 1994
[* Act No. 108 of 1969.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, p. 208 and Act No. 6 of 1993.]
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Management) Act 1994
Transfer of Land Act 1893 amended
18. The Transfer of Land Act 1893* is amended by repealing section 6 (1) and substituting the following subsections —
et
(1) Subject to subsection (2), the Governor may
appoint a person to be Deputy Commissioner of Titles.
(la) A person appointed under subsection (1) holds office under and subject to Part 3 of the Public Sector Management Act 1994.
[* Reprinted as at 7 July 1975.
For subsequent amendments see 1992 Index to Legislation of Western Australia, Table 1, pp. 214-5 and Act No. 6 of 1993.]
Amendments to various Acts
19. The Acts in Column 1 of Schedule 4 are amended in the
provision or provisions opposite them in Column 2 in the manner
specified in Column 3.
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SCHEDULE I
[section 3 (1)]
DELETION OF "THE PUBLIC SERVICE ACT 1904" AND SUBSTITUTION OF `PART 3 OF THE PUBLIC SECTOR
MANAGEMENT ACT 1994"
| Column 1 | Column 2 |
| Short title of Act | Provision amended |
| Abattoirs Act 1909 | 8.36 |
| Aboriginal Heritage Act 1972 | 8.35 |
| Agriculture and Related Resources Protection | s.9 (5) |
| Act 1976 | |
| Argentine Ant Act 1968 | s.6 (1) (b) |
| Chicken Meat Industry Act 1977 | s.13 (1) |
| Control of Vehicles (Off-road areas) Act 1978 | s.21 (11) 8.25 (1) |
| Dental Act 1939 | 8.12A |
| Finance Brokers Control Act 1975 | s.12 (2) |
| Industrial Training Act 1975 | s.17 (2) (b) s.17 (4) s.19 (1) |
| Inventions Act 1975 | 8.14 (2) |
| Land Valuation Tribunals Act 1978 | s.6 (2) s.15 (2) |
| Land Valuers Licensing Act 1978 | s.11 (2) |
| Psychologists Registration Act 1976 | s.9 (4) s.11 (2) |
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| Radiation Safety Act 1975 | s.14 (3) s.20 |
| Registration of Births, Deaths and Marriages | 8.6 (3) |
| Act 1961 | |
| Timber Industry Regulation Act 1926 | 8.6 |
| Veterinary Preparations and Animal Feeding | 8.17 (8) |
| Stuffs Act 1976 |
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SCHEDULE 2
[section 3 (2)]
DELETION OF ffiniE PUBLIC SERVICE ACT 1978" AND
SUBSTITUTION OF 'PART 3 OF THE PUBLIC SECTOR
MANAGEMENT ACT 1994"
| Column 1 | Column 2 |
| Short title of Act | Provision amended |
| Aboriginal Affairs Planning Authority | s.10 (1) |
| Act 1972 | 8.10 (3) s.15 (1) |
| Agricultural Produce (Chemical Residues) | s.4 (1) (definition of |
| Act 1983 | "office?) |
| Animal Resources Authority Act 1981 | 8.5 (3) s.13 (twice) |
| Betting Control Act 1954 | 8.7 |
| Boxing Control Act 1987 | s.11 |
| Bread Act 1982 | s.5 (1) |
| Builders' Registration Act 1939 | s.5AA (2) (3 times) |
| Building and Construction Industry | s.12 (a) |
| Training Fund and Levy Collection Act 1990 | s.16 (4) |
| Building Societies Act 1976 | 8.6 (1) s.6 (2) |
| Casino Control Act 1984 | 8.9 (1) |
| Coal Miners' Welfare Act 1947 | s.15 (2) |
| Commercial Tribunal Act 1984 | s.9 (2) (3 times) s.11 (2) |
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| Community Services Act 1972 | s.7 (1) s.8 (1) s.8 (3) |
| Construction Industry Portable Paid Long | s.9 (2) |
| Service Leave Act 1985 | |
| Consumer Affairs Act 1971 | s.15 (1) s.15 (la) |
| Criminal Injuries Compensation Act 1985 | s.6 |
| Dairy Industry Act 1973 | s.32 (5) |
| Dental Act 1939 | 8.12A 8.51A (5) |
| District Court of Western Australia Act 1969 | s.25 (1) |
| Employment Agents Act 1976 | 8.11A |
| Explosives and Dangerous Goods Act 1961 | 8.9 |
| Fair Trading Act 1987 | 8.5 (1) (definition of "officer") |
| Family Court Act 1975 | s.22 (2) (b) 0.22 (4) (a) s.23 (2) |
| Fire Brigades Act 1942 | 8.8A (7) |
| Gold Corporation Act 1987 | Schedule 2, clause 3 (2) (c) Schedule 2, clause 3 (4) (a) Schedule 2, clause 4 (first place where the term occurs) |
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| Guardianship and Administration Act 1990 | s.10 (2) (a) 8.94 s.96 |
| Health Act 1911 | s.202 (6) 8.246B (7) |
| s.24611 (6) | |
| 8.247G (4) 8.337A (3) | |
| Health Legislation Administration Act 1984 | s.6 (1) |
| Legal Practitioners Act 1893 | 8.580 |
| Liquor Licensing Act 1988 | 8.12 (1) s.13 (1) s.14 (2) |
| Local Government Grants Act 1978 | s.6 (3) 0.7 (2) |
| Lotteries Commission Act 1990 | 8.9 (5) (a) Schedule 1, clause 4 (a) |
| Marketing of Meat Act 1971 | s.14 (4) |
| Marketing of Potatoes Act 1946 | s.18 (1) (b) |
| Misuse of Drugs Act 1981 | s.3 (1) (definition of "botanist") |
| Multicultural and Ethnic Affairs | 8.10 |
| Commission Act 1983 | s.17 |
| Occupational Therapists Registration | Schedule, |
| Act 1980 | clause 6 (2) |
| Offenders Community Corrections Act 1963 | 8.5C 8.5D (1) |
| Official Corruption Commission Act 1988 | s.6 (3) |
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| Petroleum Products Pricing Act 1983 | s.5 (2) (b) |
| Plant Diseases Act 1914 | s.7 (1) 8.7B (a) |
| Poisons Act 1964 | s.15 s.18 (2) |
| Prisons Act 1981 | s.3 (definition of "prison medical office?) |
| s.6 (1) s.6 (3) | |
| Public Trustee Act 1941 | 8.4 (1) s.6 |
| Racecourse Development Act 1976 | 8.8 8.8A (2) (a) |
| Real Estate and Business Agents Act 1978 | 8.12 (2) |
| Referendums Act 1983 | s.50 (2) |
| Regional Development Commissions Act 1993 | s.27 (1) |
| Registration of Births, Deaths and Marriages | 8.4 (1) |
| Act 1961 | |
| Retail Trading Hours Act 1987 | 8.6 |
| Rottnest Island Authority Act 1987 | s.6 (4) s.25 (1) s.26 (1) s.26 (2) s.27 (2) (a) |
| Settlement Agents Act 1981 | s.12 (2) |
| Soil and Land Conservation Act 1945 | s.7 (1) 8.7A (1) 8.8 (1) |
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
| State Employment and Skills Development | s.19 (4) |
| Authority Act 1990 | |
| Supreme Court Act 1935 | 8.155 (1) s.155 (4) |
| Town Planning and Development Act 1928 | s.42 (2) s.43 (2) |
| Video Tapes Classification and Control | s.6 (1) |
| Act 1987 | |
| Western Australian Greyhound Racing | s.15 (4) |
| Association Act 1981 | Schedule 1, clause 4 (2) |
| Western Australian Water Resources Council | 8.12 (1) |
| Act 1982 |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
SCHEDULE 3
[section 4]
DELETION OF "CHAIRMAN OF THE PUBLIC SERVICE
BOARD" AND SUBSTITUTION OF "MINISTER FOR PUBLIC
SECTOR MANAGEMENT"
| Column 1 | Column 2 |
| Short title of Act | Provision amended |
Local Government Grants
Act 1978
Psychologists Registration
Act 1976
Radiation Safety Act 1975
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
SCHEDULE 4
[section 19)
AMENDMENTS TO VARIOUS PROVISIONS IN VARIOUS ACTS
| Column 1 | Column 2 | Column 3 |
| Short title | Provision | Amendment |
| of Act | amended |
Agriculture s.5 delete "under section 21 of the Public Act 1988 Service Act 1978" and substitute
"under section 35 of the Public
Sector Management Act 1994"
| s.7 (2), | delete "the Public Service Act 1978" |
| s.11 (1), | and substitute "Part 3 of the Public |
| s.11 (2) | Sector Management Act 1994" |
| 8.10 (4) | delete "section 42B (1) of the Public Service Act 1978" and substitute "section 51 of the Public Sector Management Act 1994" |
| Agriculture | s.3 | delete definition of "Public Service |
| Protection | Board" | |
| Board Act |
1950 s.5 (12) delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| ||
| s.8A delete "the Public Service Act 1904" and substitute "Part 3 of the Public Sector Management Act 1994" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
| Alcohol | s.4 | delete the definition of "Public |
| and Drug | Service Board" | |
| Authority | ||
| Act 1974 | 8.21(1) (a), | delete ", with the approval of the |
| s.24 (1) | Public Service Board," | |
| 8.21 (4), | delete "the Public Service Act 1904" | |
| s.24 (2), | and substitute "Part 3 of the Public | |
| s.35 (2) | Sector Management Act 1994" | |
| s.23 (1) | delete "with the approval of the Public Service Board" | |
| s.24 (2) | delete "and the Public Service Board approves" |
| Art Gallery | s.14 delete "public servant" in the 3 |
| Act 1959 | places where it occurs and substitute in each case "public service officer" |
s.16 (3) delete "pursuant to the provisions of the Public Service Act 1978" and substitute "under Part 3 of the Public Sector Management Act 1994"
delete "the first-mentioned Act" and
substitute "that Part"
| Bush Fires | s.8 (8), | delete "the Public Service Act 1904" |
| Act 1954 | s.8 (9) | and substitute "Part 3 of the Public Sector Management Act 1994" |
s.15 delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
s.16 delete "as are mutually arranged by it with that Minister and with the Public Service Commissioner" and substitute "as are arranged by it with that Minister"
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
| Coal Industry | s.21 (3) | delete "The Public Service Act 1978" |
| Superannuation | and substitute "Part 3 of the Public | |
| Act 1989 | Sector Management Act 1994" |
s.22 delete "Public Service Commissioner" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
| Coal Industry | s.21 (1), | delete "the Public Service Act 1978" |
| Tribunal of | s.28 (a) | and substitute "Part 3 of the Public |
| Western | Sector Management Act 1994" | |
| Australia | ||
| Act 1992 | s.21 (3) | delete "after consultation with the Public Service Commissioner" |
| Companies 8.4 (1), | delete "the Public Service Act 1978" |
| (Administration) s.4 (2) | and substitute "Part 3 of the Public |
| Act 1982 | Sector Management Act 1994" |
| 8.4 (6) | delete "as if he were a temporary officer within the meaning of that Act" |
| Conservation | s.28 (a), | delete "the Public Service Act 1978" |
| and Land | 8.36 (1), | and substitute "Part 3 of the Public |
| Management | 6.42, | Sector Management Act 1994" |
| Act 1984 | s.43 (1), 8.43 (2), 8.47 (a) | |
| 8.43 (2) | delete ", on the recommendation of the Public Service Commissioner" | |
| Coroners | s.4 (2) | delete "On the recommendation of |
| Act 1920 | the Public Service Board of the State, the" and substitute "The" | |
| Corporations | s.82 (1) | delete "an officer within the meaning |
| (Western | of the Public Service Act 1978" and | |
| Australia) | substitute "a public service officer | |
| Act 1990 | within the meaning of the Public Sector Management Act 1994" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
| Country High | 8.4 (3) | delete " "an officer of the Public |
| School Hostels | Service" within the meaning of that | |
| Authority | expression in the Public Service Act | |
| Act 1960 | 1978" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994" |
8.10 (3) delete "Public Service Board" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that officer"
delete "any officer within the meaning of the Public Service Act 1978" and substitute "any public service officer"
| Dampier Port | 8.12 (2) | delete "the Public Service Act 1978" |
| Authority | and substitute "Part 3 of the Public | |
| Act 1985 | Sector Management Act 1994" |
s.17 (4) delete "The Public Service Act 1978" and substitute `Tart 3 of the Public Sector Management Act 1994"
| s.17 | Insert after subsection (5) the following subsection — |
(6) Notwithstanding anything in this section, if there is, in the case of a person referred to in subsection (1) who is a member of the Senior Executive Service (within the meaning of the Public Sector Management ' Act 1994) an inconsistency between this Act and that Act, that Act prevails. "
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
| Director of | 8.3 | delete "section 20 of the Public |
| Public | Service Act 1978" and substitute | |
| Prosecutions | "section 34 of the Public Sector | |
| Act 1991 | Management Mt 1994" |
s.30 delete "the Public Service Act 1978" and substitute "Part 3 of the Public
Sector Management Act 1994"
| Disability 8.3 | delete "the Schedule to the Public |
| Services | (definition Service Act 1978" and substitute | |||||
| Act 1993 | of "public "Schedule 2 of the Public Sector authority") Management Act 1994" | |||||
| ||||||
| 8.10 (2) delete "Public Service Commissioner" and substitute "relevant employing authority" | ||||||
| East Perth |
|
| Redevelopment | and substitute "relevant employing |
| Act 1991 | authority within the meaning of the |
| Public Sector Management Act 1994" |
| Education | s.3 (1) | in the definition of "teacher" delete |
| Act 1928 | "an officer within the meaning of the | |
| Public Service Act 1978" and | ||
| substitute "a public service officer within the meaning of the Public | ||
| Sector Management Mt 1994" | ||
| in the definition of "teaching staff' delete "officers within the meaning of the Public Service Act 1978" and substitute "public service officers within the meaning of the Public | ||
| Sector Management Act 1994" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
8.7 (1) delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
5.7 (4) delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| Environmental | 8.7 (5), | delete "the Public Service Act 1978" |
| Protection | 8.7 (7) (b), | and substitute "Part 3 of the Public |
| Act 1986 | s.22 (1), | Sector Management Act 1994" |
| s.22 (2), s.23 (2) (a), s.87 (4) (a), s.88 (5) (a), 8.94 (2) (a) |
s.24 delete "Public Service Board" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
8.108 (2) delete "the Public Service Act 1978" and substitute `Tart 3 of the Public Sector Management Act 1994"
delete "the person for the time being holding or acting in the office of Chairman of the Public Service Board" and substitute "Minister for Public Sector Management"
| Equal | 8.77, | delete "the Public Service Act 1978" |
| Opportunity | s.79, | and substitute "Part 3 of the Public |
| Act 1984 | s.106 (2) | Sector Management Act 1994" |
s.103 delete 'The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
s.163 (1) delete "Permanent Head, within the meaning of that Act," and substitute "chief executive officer"
delete "done by the Permanent Head" and substitute "done by the chief executive officer"
| Fisheries | 8.5 (1), | delete "the Public Service Act 1978" |
| Act 1905 | s.5 (lc), | and substitute "Part 3 of the Public |
| 8.5 (le) | Sector Management Act 1994" | |
| s.5 (le) | delete ", with the approval of the Public Service Board," | |
| 13.5 (10 | delete ", with the approval of the Public Service Board," |
8.5G delete "Public Service Board" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that officer"
| Freedom of | s.61 (3) | delete "The Public Service Act 1978" |
| Information | and substitute "Part 3 of the Public | |
| Act 1992 | Sector Management Act 1994" |
8.61 (4) delete "Public Service Commissioner"
and substitute "employing authority,
within the meaning of the Public Sector Management Act 1994, of the officer or employee"
Schedule 2, in paragraph (a) of the definition of glossary, "principal officer" delete "the clause 1 Schedule to the Public Service Act
1978" and substitute "Schedule 2 to the Public Sector Management Act 1994"
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
in paragraph (b) of the definition of "public body or office" delete "the Schedule to the Public Service Act 1978" and substitute "Schedule 2 to the Public Sector Management Act 1994"
| Gaming | 8.13 (3), | delete "the Public Service Act 1978" |
| Commission | s.72 (1) | and substitute 'Tart 3 of the Public |
| Act 1987 | Sector Management Act 1994" | |
| 8.18 (2) | delete "Subject, where the officer is a member of the Public Service, to the concurrence of the Public Service Board, the" and substitute 'The" | |
| s.19 (2) | delete "and after consultation with the Public Service Board" | |
| Government | 8.10 | delete "senior officers of the Public |
| Employees' | Service of the State" and substitute | |
| Housing | "senior executive officers within the | |
| Act 1964 | meaning of the Public Sector Management Act 1994" |
s.15 (1) delete "the Public Service Act 1904" and substitute "Part 3 of the Public Sector Management Act 1994"
| s.15 (3) | delete the subsection and substitute the following subsection — |
(3) By agreement with the employing authority, within the meaning of the Public Sector Management Act 1994, of the public service officer, the Authority may for the purposes of this Act co-opt the services of any public service officer, as secretary or as an officer of the Authority.
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
(4.15 (4) delete "an officer within the meaning of the Public Service Act 1904" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Government | s.11 (1) | delete "the Public Service Act |
| Railways | 1904-1948, the Superannuation Act | |
| Act 1904 | 1871," and substitute "Part 3 of the Public Sector Management Act 1994" | |
| Governor's | s.6 (2) | delete "Public Service Commissioner" |
| Establishment | and substitute "relevant employing | |
| Act 1992 | authority within the meaning of the Public Sector Management Act 1994" |
s.7 delete "an officer under the Public Service Act 1978" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Herd | 8.5 (5) | delete "the Public Service Act 1978" |
| Improvement | and substitute "Part 3 of the Public | |
| Service Act 1984 | Sector Management Act 1994" |
s.12 (3) delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
8.13 (1) delete "Public Service Board" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
s.14 delete "the Public Service Act 1978" in both places where it occurs and substitute in each case "Part 3 of the Public Sector Management Act 1994"
in paragraph (a) delete "that Act"
and substitute "that Part"
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
| s.27 (1) | in the definition of "Department" delete "established under the Public Service Act 1978" and substitute "continued under the Public Sector Management Act 1994" |
| Heritage of | s.27 (1), | delete "the Public Service Act 1978" |
| Western | s.27 (2), | and substitute "Part 3 of the Public |
| Australia | s.28 (3), | Sector Management Act 1994" |
| Act 1990 | s.71 (5) (a) | |
| s.27 (3) (a) | delete "Public Service Commissioner" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that officer" | |
| Hire-Purchase | 8.23W (1) | delete "established under the Public |
| Act 1959 | (b) | Service Act 1978" and substitute "continued under the Public Sector Management Act 1994" |
| Housing Act | s.9 (3), | delete "the Public Service Act 1978" |
| 1980 | s.9 (5) | and substitute "Part 3 of the Public Sector Management Act 1994" |
| s.17 | delete "the Public Service Act 1978" in paragraphs (a) and (b) and substitute in each case "Part 3 of the Public Sector Management Act 1994" | |
| delete ", in consultation with the Public Service Board constituted under that Act," | ||
| 8.18 (2) | delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994" | |
| Human | s.8 (4), | delete "the Public Service Act 1978" |
| Reproductive | s.59 (1) | and substitute "Part 3 of the Public |
| Technology | Sector Management Act 1994" | |
| Act 1991 |
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
| 6.58 (1) | delete "Public Service Commissioner" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994" |
| Industrial and | 6.10 (1) | delete "senior officers of the Public |
| Commercial | Service of the State" and substitute | |
| Employees' | "senior executive officers within | |
| Housing | the meaning of the Public Sector | |
| Act 1973 | Management Act 1994" | |
| s.15 (1) | delete "Public Service Act 1904" and substitute "Part 3 of the Public Sector Management Act 1994" | |
| 0.15 (3) | delete the subsection and substitute the following subsection — |
(3) By agreement with the employing authority, within the meaning of the Public Sector Management Act 1994, of the public service officer, the Authority may for the purposes of this Act co-opt the services of any public service officer as secretary or as an officer of the Authority.
s.15 (4) delete "an officer within the meaning of the Public Service Act 1904" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Law Reform | s.9 (2) | delete "the Public Service Act 1904" |
| Commission | and substitute "Part 3 of the Public | |
| Act 1972 | Sector Management Act 1994" | |
| delete "Chairman of the Public Service Board" and substitute "Minister for Public Sector | ||
| Management" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
| s.9 (4) (a), | delete "the Public Service Act 1904" |
| s.14 (1) | and substitute "Part 3 of the Public Sector Management Act 1994" |
s.9 (5) delete "the Public Service Act 1904" and substitute "Part 3 of the Public Sector Management Act 1994"
in paragraph (a) delete "that Act"
and substitute "that Part"
in paragraph (b) delete "an officer under the Public Service Act 1904" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Legal Aid | s.4 (1) | delete definition of "Public Service |
| Commission | Board" | |
| Act 1976 | ||
| s.21 (2) | delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994" | |
| s.22A | repeal the section | |
| Library Board | s.5 (9) (aa) | delete "senior officer" and substitute |
| of Western | "senior executive officer" | |
| Australia | ||
| Act 1951 | s.5 (14) | delete "the Public Service Act 1904- 1950, the Superannuation Act 1871- 1947 ," and substitute "Part 3 of the Public Sector Management Act 1994" |
| s.6 (2) | delete "pursuant to the provisions of the Public Service Act 1904-1950" and substitute "under Part 3 of the Public Sector Management Act 1994" | |
| delete "the first-mentioned Act" and substitute "that Part" |
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
| Licensed | s.18 | delete "or sub-department" |
| Surveyors Act 1909 |
| Litter Act 1979 | s.12 delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994" | |||
| ||||
| Local Courts |
|
| Act 1904 | 1950" and substitute "Part 3 of the Public Sector Management Act 1994" |
| Marine and | s.4 (4) | delete "the Public Service Act 1978" |
| Harbours | and substitute "Part 3 of the Public | |
| Act 1981 | Sector Management Act 1994" | |
| 5.4 (5) | delete ", on the recommendation of the Public Service Board," |
| Metropolitan | s.13 (3) delete "an officer within the meaning |
| (Perth) | of the Public Service Act 1978" and |
| Passenger | substitute "a public service officer |
| ?transport Trust | within the meaning of the Public |
| Act 1957 | Sector Management Act 1994" |
| Minerals and | 8.31 | in subsection (4), delete "The Public |
| Energy Research | Service Act 1978" and substitute | |
| Act 1987 | "Part 3 of the Public Sector Management Act 1994" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
insert after subsection (4) the
following subsection —
(5) Notwithstanding anything in this section, if there is in the case of a person referred to in subsection (1) who is a member of the Senior Executive Service (within the meaning of the Public Sector Management Act 1994) an inconsistency between this Act and that Act, that Act prevails. "
| Mines | 8.5A (1), | delete "the Public Service Act 1978" |
| Regulation | s.2311 (5) | and substitute "Part 3 of the Public |
| Act 1946 | Sector Management Act 1994" | |
| s.9 | delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994" | |
| delete "the said Act" and substitute "that Part" |
| Mining Act 1978 s.11, | delete "the Public Service Act 1978" |
| 8.13 (4) | and substitute "Part 3 of the Public Sector Management Act 1994" |
5.13 (3) delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
in paragraph (b) delete "an officer under that Act" and substitute "a public service officer under that Part"
| Motor Vehicle | 8.13 (1) | delete "Public Service Board" and |
| Dealers Act 1973 | substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that person" |
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
s.13 (4) delete "Public Service Board" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that person"
| Museum | s.21 | delete "public servant" in the 3 |
| Act 1969 | places where it occurs and substitute in each case "public service officer" | |
| Occupational | 8.9 (5) | delete "an officer within the meaning |
| Health, Safety | of the Public Service Act 1978" and | |
| and Welfare | substitute "a public service officer | |
| Act 1984 | within the meaning of the Public Sector Management Act 1994" | |
| 8.9 (7) | repeal the subsection | |
| s.17, | delete "the Public Service Act 1978" | |
| s.18 (2) | and substitute "Part 3 of the Public Sector Management Act 1994" | |
| Parliamentary | 8.10 (1) | delete "The Public Service Act 1978" |
| Commissioner | and substitute "Part 3 of the Public | |
| Act 1971 | Sector Management Act 1994" | |
| s.10 (5) | delete "the Public Service Act 1978" | |
| (twice) | and substitute "Part 3 of the Public Sector Management Act 1994" |
Schedule delete "The Public Service Commissioner appointed under the Public Service Act 1978." and substitute "Commissioner for Public Sector Standards appointed under the Public Sector Management Act 1994."
| Parole Orders | s.12 (1) | delete "an officer within the meaning |
(Transfer) of the Public Service Act 1978" and Act 1984 substitute "a public service officer
within the meaning of the Public
Sector Management Act 1994"
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
| Pay-roll Tax | Schedule 2 delete item 30 | ||||||
| Assessment Act 1971 | |||||||
| Perth Theatre |
| ||||||
| Trust Act 1979 |
| ||||||
| Petroleum |
|
(Submerged meaning of that term in the Public Lands) Act 1982 Service Act 1978," and substitute "a
public service officer within the meaning of the Public Sector Management Act 1994"
s.125 (1) delete "an officer, within the meaning of the Public Service Act 1978," and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Public Works | 6.5A U) | delete "established under section 21 |
| Act | 1902 | of the Public Service Act 1978" and substitute "continued under the Public Sector Management Act 1994" |
8.9D (a) delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| Racing | s.4 (3) | delete "Public Service Commissioner" |
| Penalties | and substitute "relevant employing | |
| (Appeals) | authority within the meaning of the | |
| Act 1990 | Public Sector Management Act 1994" |
8.8 (1), delete "the Public Service Act 1978" Schedule, and substitute "Part 3 of the Public clause 1 (2) Sector Management Act 1994"
| No. 321 | Acts Amendment (Public Sector |
Management) Act 1994
R&I Bank s.18 (3) delete ", if appropriate, with the Act 1990 Public Service Commissioner" and
substitute "with the chief executive
officer of the Treasury Department"
| Retirement | s.25 (1) (c) | delete "an officer employed under the |
Villages Public Service Act 1978" and Act 1992 substitute "a public service officer
within the meaning of the Public
Sector Management Act 1994"
| s.32 (a), | delete "the Public Service Act 1978" |
| s.36 (3) (a) | and substitute "Part 3 of the Public Sector Management Act 1994" |
| Rural | s.11 (6) | delete "Public Service Commissioner" |
| Adjustment | and substitute "relevant employing | |
| and Finance | authority" | |
| Corporation Act 1993 | ||
| s.51 (2) (b) | delete the "Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994" | |
| Salaries and | 8.10 (4Xb) | delete "Public Service Commissioner" |
| Allowances | and substitute "chief executive | |
| Act 1975 | officer of the department principally assisting the Minister in the administration of the Public Sector Management Act 1994" | |
| Secondary | s.6 (5), | delete "the Public Service Act 1978" |
| Education | s.17 (3) | and substitute "Part 3 of the Public |
| Authority | Sector Management Act 1994" | |
| Act 1984 | ||
| 8.17 (2) | delete "after consultation with the Public Service Board and" |
s.18 delete "mutually arranged by it with that Minister and if appropriate with the Public Service Board" and substitute "arranged by it with that Minister"
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
s.20 delete "office under the Public Service Act 1978" and substitute "office under Part 3 of the Public Sector Management Act 1994"
delete "an officer under the Public Service Act 1978" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Seeds Act 1981 | 8.3 (1) | delete the definition of "officer" and substitute the following definition — |
| " "officer" means a public service officer employed in the Department under the Public Sector Management Act 1994; | ||
| Small Business | s.7 (2) | delete "the Public Service Act 1978" |
| Development | and substitute "Part 3 of the Public | |
| Corporation | Sector Management Act 1994" | |
| Act 1983 |
s.15 (4) delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
s.17 delete "Public Service Board" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
| Small Claims | 8.4 (1) | delete the definition of "Public |
| Tribunals | Service Board" | |
| Act 1974 |
s.8 (1) (c) delete "an officer in the Public Service of the State in Professional Division thereof' and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
s.15 (2) (a) delete "the Public Service Mt 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| State | s.13 (1), | delete "Public Service Board" and |
| Government | 8.38 (1) | substitute "relevant employing |
| Insurance | authority within the meaning of the | |
| Commission | Public Sector Management Act 1994" | |
| Act 1986 | ||
| State Planning | s.9 (a), | delete "the Public Service Act 1978" |
| Commission | 8.27 (a), | and substitute "Part 3 of the Public |
| Act 1985 | s.38 (2), | Sector Management Act 1994" |
| s.39 (1), s.40 (1), s.40 (2), 6.41 (2) (a) |
8.42 delete "Public Service Board" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
s.60 in the definition of "Department" delete "established under the Public Service Act 1978" and substitute "continued under the Public Sector Management Act 1994"
| State Supply | s.13 (a), | delete "the Public Service Act 1978" |
| Commission | 8.16 (1) | and substitute "Part 3 of the Public |
| Act 1991 | Sector Management Act 1994" | |
| 8.16 (2) | delete "Public Service Commissioner" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
Schedule 1, delete paragraph (c) and substitute
| clause 3 | the following paragraph — |
| " (c) any public service officer, within the meaning of the Public Sector Management Act 1994, of the Department, " |
| Strata Titles | s.73 (1) (c) | delete "an officer employed under the |
| Act 1985 | Public Service Act 1978" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994" | |
| 8.76 (2) | delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994" | |
| Swan River | 8.15 (a), | delete "the Public Service Act 1978" |
| Trust Act 1988 | s.31 (4) (a) | and substitute "Part 3 of the Public Sector Management Act 1994" |
| s.31 (3) | delete "Public Service Commissioner" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994" | |
| Taxi-car Control | s.8 (6) | delete "the Public Service Act 1978" |
| Act 1985 | and substitute "Part 3 of the Public Sector Management Act 1994" | |
| s.17 (1) | delete "after consultation with the Public Service Board" | |
| Technology and | s.15, | delete "the Public Service Act 1978" |
| Industry | s.16 (1), | and substitute "Part 3 of the Public |
| Development | s.16 (2), | Sector Management Act 1994" |
| Act 1983 | s.29 (3) | |
| s.18 | delete "the Public Service Act 1978" in both places where it occurs and |
| No. 321 | Acts Amendment (Public Sector |
Management) Act 1994
substitute in each case "Pan 3 of the Public Sector Management Act 1994"
in paragraph (a), delete "that Act"
and substitute "that Part"
Tobacco Control s.25 (4)delete "Public Service Commissioner" Act 1990 and substitute "relevant employing
authority within the meaning of the Public Sector Management Act 1994"
s.25 (5) (a) delete "the Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| Totalisator | s.3 | in the definition of "public servant" |
Agency Board delete "an officer under the Public Betting Act 1960 Service Act 1978" and substitute "a
public service officer within the meaning of the Public Sector Management Act 1994"
| Transport | s. 8 (1) | delete "the Public Service Act 1978" |
| Co-ordination | and substitute "Part 3 of the Public | |
| Act 1966 | Sector Management Act 1994" |
s.8 (2) (b) delete "Public Service Board" and substitute "employing authority, within the meaning of the Public
Sector Management Act 1994, of that
officer"
| s.8 (3) | delete "after consultation with the Public Service Board" |
| Unleaded Petrol s.12 (1) | delete "persons who are officers |
| Act 1984 | within the meaning given to that expression by the Public Service Act 1978" and substitute "public service officers within the meaning of the Public Sector Management Act 1994" |
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
| Valuation of | s.6 (2), | delete "the Public Service Act 1978" |
| Land Act 1978 | s.16 (4) | and substitute "Part 3 of the Public Sector Management Act 1994" |
s.15 (2) delete "section 75 of the Public Service Act 1904" and substitute "section 102 of the Public Sector Management Act 1994"
| Water Authority | s.16, | delete "the Public Service Act 1978" |
| Act 1984 | s.23 (1), | and substitute "Part 3 of the Public |
| s.27 (1) | Sector Management Act 1994" |
s.28 (2) delete ", after consultation with the Public Service Board constituted under the Public Service Act 1978,"
| Waterways | s.13 (1) (b), | delete "the Public Service Act 1904" |
| Conservation | 8.18 (2), | and substitute "Part 3 of the Public |
| Act 1976 | s.20, | Sector Management Act 1994" |
| s.39 (1), 8.39 (7) |
s.18 (2), delete "Chairman of the Public s.39 (6) Service Board" and substitute
"Minister for Public Sector
Management"
8.39 (3) delete "Chairman of the Public Service Board" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that officer"
| Western | 8.6 (2), | delete "the Public Service Act 1978" |
| Australian | s.15 (3) | and substitute "Part 3 of the Public |
| Development | Sector Management Act 1994" |
Corporation
Act 1983 s.16 (1) delete "Public Service Board" and
substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
| No. 32) | Acts Amendment (Public Sector |
Management) Act 1994
8.17 delete "an office under the Public Service Act 1978" and substitute "an office under Part 3 of the Public Sector Management Act 1994"
delete "an officer under the Public Service Act 1978" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Western | 8.10 (3), | delete "the Public Service Act 1978" |
| Australian Exim s.15 (5) (b) | and substitute "Part 3 of the Public |
| Corporation | Sector Management Act 1994" |
| Act 1986 |
s.17 delete "Public Service Board" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
| Western | a. 13 (2) | delete "Public Service Commissioner" |
| Australian Land | and substitute "relevant employing | |
| Authority | authority within the meaning of the | |
| Act 1992 | Public Sector Management Act 1994" |
s.14 delete "an officer under the Public Service Act 1978" and substitute "a public service officer within the meaning of the Public Sector Management Act 1994"
| Western | s.11 (8) | delete 'The Public Service Act 1978" |
| Australian | and substitute "Part 3 of the Public | |
| Marine Act 1982 | Sector Management Act 1994" | |
| delete "that Act" and substitute "that Part" |
s.15 (11) delete 'The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| Acts Amendment (Public Sector | [No. 32 |
Management) Act 1994
delete "that Act" and substitute "that
Part"
| s.132 (10) | delete "an officer or class of officer, as defined by section 5 of the Public Service Act 1978" and substitute "a public service officer or class of public service officer, within the meaning of the Public Sector Management Act 1994" |
| Western | s.5 | in the definition of "office? delete |
| Australian Meat | "an officer" and substitute "a public | |
| Industry | service officer" |
Authority
Act 1976 s.15 (1) delete "the Public Service Act 1904"
and substitute "Part 3 of the Public
Sector Management Act 1994"
s.15 (2) delete "Public Service Board" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of that person"
| Western | s.11 (3) | delete "Public Service Board" and |
| Australian | substitute "relevant employing | |
| Sports Centre | authority within the meaning of the | |
| Trust Act 1986 | Public Sector Management Act 1994" | |
| Western | 8.3 | in the definition of "Department" |
| Australian | delete "established under the Public | |
| Tourism | Service Act 1978" and substitute | |
| Commission | "continued under the Public Sector | |
| Act 1983 | Management Act 1994" | |
| s.7 (2), | delete "the Public Service Act 1978" | |
| s.12 (5) | and substitute "Part 3 of the Public Sector Management Act 1994" |
s.17 (6) delete "The Public Service Act 1978" and substitute "Part 3 of the Public Sector Management Act 1994"
| No. 32] | Acts Amendment (Public Sector |
Management) Act 1994
8.21 delete "Public Service Board" and substitute "relevant employing authority within the meaning of the Public Sector Management Act 1994"
| Western | s.8 | delete "mutually arranged by it with |
| Australian | the Treasurer and, if appropriate, | |
| Treasury | with the Public Service Board" and | |
| Corporation | substitute "arranged by it with the | |
| Act 1986 | Treasurer" | |
| Workers' | s.95 (2) | delete "public servant" and |
| Compensation | substitute "public service officer | |
| and | within the meaning of the Public | |
| Rehabilitation | Sector Management Act 1994" | |
| Act 1981 | ||
| s.114 (1), | delete "the Public Service Act 1978" | |
| 8.177 (2) | and substitute "Part 3 of the Public Sector Management Act 1994" | |
| 8.177 (1) | delete "Public Service Commissioner appointed under the Public Service Act 1978" and substitute "employing authority, within the meaning of the Public Sector Management Act 1994, of the officers and employees" |
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