Public Sector Management (General) Regulations 1994 (WA)
Western Australia
Public Sector Management Act 1994
Western Australia
Public Sector Management Act 1994
These regulations may be cited as the
These regulations come into operation on the day on which Part 9 of the Act comes into operation.
(1) For the purposes of section 4(5) of the Act, the Director within the meaning of the
Director of Public Prosecutions Act 1991 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.(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.
For the purposes of section 4(5) of the Act, the Director within the meaning of the
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State Housing Act 1946 (now repealed) and preserved and continued under theHousing Act 1980 is the employing authority of public service officers who are for the time being appointed, or whose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 .
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.
(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.
(1) In this regulation —
(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.
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.
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.
(1) In this regulation —
(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.
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.
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.
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]
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.
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.
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.
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 theGovernment Officers (Social Trainers) Award 1988 made under theIndustrial Relations Act 1979 applies.
For the purposes of paragraph (d) of the definition of
(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.
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.
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.
(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.
This is a compilation of the
16 Sep 1994 p. 4798‑803 | 1 Oct 1994 (see r. 2 and | |
9 Dec 1994 p. 6714‑15 | 9 Dec 1994 | |
18 Aug 1995 p. 3774‑5 | 18 Aug 1995 | |
7 Jun 1996 p. 2413‑14 | 7 Jun 1996 | |
27 Sep 1996 p. 4826‑7 (correction 8 Oct 1996 p. 5313) | 27 Sep 1996 | |
1 Oct 1996 p. 5112 | 1 Oct 1996 | |
22 Apr 1997 p. 2061 | 22 Apr 1997 | |
19 Sep 1997 p. 5289 | 19 Sep 1997 | |
19 Nov 1999 p. 5792‑4 | 19 Nov 1999 | |
16 Jun 2000 p. 2957‑8 | 18 Jun 2000 (see r. 2 and | |
5 Apr 2002 p. 1833‑4 | 5 Apr 2002 | |
15 Dec 2003 (see s. 2) | ||
16 Sep 2005 p. 4347‑8 | 16 Sep 2005 | |
29 Dec 2006 p. 5920 | 1 Jan 2007 (see r. 2 and | |
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)) | |
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 | |
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)) | |
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)) | |
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)) | |
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)) | |
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)) | |
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)) | |
SL 2025/122 25 Jun 2025 | 1 Jul 2025 (see r. 2(b)) | |
industrial agreement................................................................................................... 6(1)
non-SAT CEO.......................................................................................................... 8A(1)
PSC class................................................................................................................... 8A(1)
Public Sector CSA Agreement 2024....................................................................... 6(1)
SAT CEO.................................................................................................................. 8A(1)
SAT class................................................................................................................... 8A(1)
SAT office................................................................................................................. 8A(1)
Tribunal..................................................................................................................... 8A(1)
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