Western Australian Current Acts Western Australian Current Acts (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.
(2) The Electoral
Commissioner shall, for the purposes of the
Superannuation and Family Benefits Act 1938 2 , be deemed to be an employee
within the meaning of that Act.
(3) When an officer of
the Public Service is appointed to the office of Electoral Commissioner he is
entitled to retain all his existing and accruing rights as if his service in
such an office, were a continuation of his service as an officer of the Public
Service.
(4) When a person
ceases to hold the office of Electoral Commissioner and becomes an officer of
the Public Service his service in such an office shall be regarded as service
in the Public Service for the purposes of determining his rights as an officer
of the Public Service.
(5) Where the
Electoral Commissioner immediately before his appointment to such an office
occupied an office under Part 3 of the Public Sector Management Act 1994 , he
shall, if his term of office expires by effluxion of time and he is not
reappointed, be entitled to be appointed to an office under Part 3 of the
Public Sector Management Act 1994 , not lower in status than the office which
he occupied immediately prior to his appointment as Electoral Commissioner.
(6) Part 3 of the
Public Sector Management Act 1994 does not apply to an Acting Electoral
Commissioner unless, immediately before his appointment to that office, he
occupied an office under that Act.
[Section 5E inserted: No. 40 of 1987 s. 20;
amended: No. 32 of 1994 s. 11; No. 42 of 1997 s. 8.]