❓ Mr. Trenorden questions the remuneration and suspension authority related to Mr. Moodie, a health employee facing criminal charges. The answer clarifies the legal basis for suspension under different Acts depending on employment type.
AnsweredQoN 3416Legislative Assembly
QuestionView source ↗
(2) Has Mr Moodie received any payment relating to his remuneration package since this date?
(3) On what authority do Western Australian public sector workers have their remuneration packages suspended when charged with a criminal offence, and who makes this determination?
(3) On what authority do Western Australian public sector workers have their remuneration packages suspended when charged with a criminal offence, and who makes this determination?
AnswerView source ↗
Answered
1 August 2008
Responded by
Minister for Health
Response time
51 days
(1) 20 October 2006.
(2) Yes. Remuneration was restored from 24 April 2008 following a decision of the Full Bench of the WA Industrial Relations Commission. The basis of that decision was that Mr Moodie had not been provided with an opportunity to be heard before the original decision to suspend his remuneration was taken. Subsequent to the Commission's decision, the A/Director General of the Department of Health invited Mr Moodie to make representations on this matter. On consideration of the material provided by Mr Moodie, the A/Director General decided to order suspension of remuneration effective from 16 June 2008.
(3) The
Public Sector Management Act 1994
(PSMA) provides for persons employed under this Act to be suspended without pay. This could include circumstances where an employee is facing criminal charges. The power is exercisable by employing authorities. Employment under the PSMA in the case of WA Health is restricted to employees of the Department of Health. The PSMA does not provide for the employment of health service employees who are employed under the
Hospital and Health Services Act 1927
.
Mr Moodie was employed by the Minister for Health in his capacity as employing authority under the
Hospitals and Health Services Act 1927
. In the case of health service employees, authority to suspend from work and for such suspension to be without pay is found within s52 of the
Interpretation Act 1984 (WA)
. In the case of Mr Moodie the power to suspend from the work place without pay was exercised by the Director General as delegate of the employing authority.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(2) Yes. Remuneration was restored from 24 April 2008 following a decision of the Full Bench of the WA Industrial Relations Commission. The basis of that decision was that Mr Moodie had not been provided with an opportunity to be heard before the original decision to suspend his remuneration was taken. Subsequent to the Commission's decision, the A/Director General of the Department of Health invited Mr Moodie to make representations on this matter. On consideration of the material provided by Mr Moodie, the A/Director General decided to order suspension of remuneration effective from 16 June 2008.
(3) The
Public Sector Management Act 1994
(PSMA) provides for persons employed under this Act to be suspended without pay. This could include circumstances where an employee is facing criminal charges. The power is exercisable by employing authorities. Employment under the PSMA in the case of WA Health is restricted to employees of the Department of Health. The PSMA does not provide for the employment of health service employees who are employed under the
Hospital and Health Services Act 1927
.
Mr Moodie was employed by the Minister for Health in his capacity as employing authority under the
Hospitals and Health Services Act 1927
. In the case of health service employees, authority to suspend from work and for such suspension to be without pay is found within s52 of the
Interpretation Act 1984 (WA)
. In the case of Mr Moodie the power to suspend from the work place without pay was exercised by the Director General as delegate of the employing authority.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.