Governor's Establishment Act 1992 (WA)

Western Australia

Governor’s Establishment Act 1992

Western Australia

Governor’s Establishment Act 1992 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — 1 — Short title2 — Commencement3 — InterpretationPart 2 — Governor as employer — 4 — Governor as employer of members of Governor’s Establishment5 — Power of Governor to appoint, dismiss, etc. members of Governor’s Establishment, and transitional6 — Use of other government staff, etc.7 — Saving in respect of public service officer8 — Payment of moneys payable by Governor as employer9 — DelegationPart 3 — General — 10 — RegulationsNotes — Compilation table —

Western Australia

Governor’s Establishment Act 1992

Governor’s Establishment Act 1992

An Act to make the Governor the employer of the staff of the Governor’s Establishment and for related matters.

Part 1 – Preliminary1.Short title

This Act may be cited as the Governor’s Establishment Act 1992 1.

2.Commencement

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 1.

3.Interpretation

In this Act, unless the contrary intention appears — 

Government House, Perth includes the grounds appurtenant thereto;

member of the Governor’s Establishment means a person who is employed as a member of the staff at Government House, Perth;

the Director‑General means the person for the time being holding or acting in the office of chief executive officer of the department of the Public Service principally assisting the Minister administering the Constitution Act 1889 in that administration;

the Official Secretary means the person for the time being holding or acting in the office of Official Secretary, Government House.

[Section 3 amended: No. 8 of 2009 s. 66.]

Part 2 – Governor as employer4.Governor as employer of members of Governor’s Establishment

• (1)

  The Governor is the employer of each member of the Governor’s Establishment.

• (2)

  The Governor, when exercising the powers or performing the duties conferred or imposed on the Governor by this Act (other than the power conferred on the Governor by section 10), is not obliged to do so with the advice and consent of the Executive Council.

5.Power of Governor to appoint, dismiss, etc. members of Governor’s Establishment, and transitional

• (1)

  The Governor may — 

  • (a)

    appoint persons to be members of the Governor’s Establishment; and

  • (b)

    subject to any award, order or industrial agreement in force under the Industrial Relations Act 1979 and without limiting the application to this Act of the Interpretation Act 1984, at any time exercise in respect of a member of the Governor’s Establishment any of the powers conferred by sections 52 and 53 of the Interpretation Act 1984.

• (2)

  Subject to subsection (3), a person who was immediately before the day referred to in section 2 a member of the Governor’s Establishment shall on and after that day be deemed to have been appointed under subsection (1) to be a member of the Governor’s Establishment.

• (3)

  Subsection (2) does not apply to or in relation to a person who was immediately before the day referred to in section 2 a member of the Governor’s Establishment and whose services are on that day the subject of an arrangement made under section 6.

6.Use of other government staff, etc.

• (1)

  The Governor may by arrangement between the Governor and the Minister concerned make use, either full‑time or part‑time, of — 

  • (a)

    the services of any officer or employee in the Public Service or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or

  • (b)

    any facilities of a department of the Public Service or of a State agency or instrumentality.

• (2)

  An arrangement under subsection (1) is to be made on such terms as the Governor and the Minister concerned and the relevant employing authority within the meaning of the Public Sector Management Act 1994 agree.

[Section 6 amended: No. 32 of 1994 s. 19.]

7.Saving in respect of public service officer

If a person appointed under section 5 was, immediately before being so appointed, a public service officer within the meaning of the Public Sector Management Act 1994 — 

• (a)

  he or she retains his or her existing and any accruing rights; and

• (b)

  for the purpose of determining those rights his or her service as such an officer is to be taken into account as if it were service as a member of the Governor’s Establishment.

[Section 7 amended: No. 32 of 1994 s. 19.]

8.Payment of moneys payable by Governor as employer

Any moneys payable by the Governor in his or her capacity as an employer under this Act shall be paid on behalf of the Governor by the Treasurer and charged to the Consolidated Account, which to the extent necessary is appropriated accordingly.

[Section 8 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.]

9.Delegation

The Governor may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Governor delegate to the Official Secretary any of his or her powers or duties under this Act, other than this power of delegation and the power conferred on the Governor by section 10.

Part 3 – General10.Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

Notes

1          This is a compilation of the Governor’s Establishment Act 1992 and includes the amendments made by the other written laws referred to in the following table.   The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Governor’s Establishment Act 1992	39 of 1992	2 Oct 1992	3 Nov 1992 (see s. 2 and Gazette 3 Nov 1992 p. 5389)
Financial Administration Legislation Amendment Act 1993 s. 11	6 of 1993	27 Aug 1993	1 Jul 1993 (see s. 2(1))
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Reprint 1: The Governor’s Establishment Act 1992 as at 2 May 2003 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 4	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 66		8 of 2009	21 May 2009	22 May 2009 (see s. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Government House, Perth............................................................................................... 3

member of the Governor’s Establishment..................................................................... 3

the Director‑General......................................................................................................... 3

the Official Secretary........................................................................................................ 3