❓ A WA parliamentary question seeks clarification on the Public Sector Management Act 1994, specifically regarding public initiation of action, CEO responsibilities, and breaches of discipline related to the Public Sector Code of Ethics. The Minister's response refers back to the Act and relevant dates.
AnsweredQoN 1173Legislative Council
QuestionView source ↗
I refer to question on notice No. 855, June 13 2003 -
(1) Can the Minister explain why any members of the public or any other persons are not able to instigate action under section 79 or section 80 of the
Public Sector Management Act 1994
?
(2) If no to (1), why not?
(3) Can the Minister explain why the CEO has end of line responsibility for the management of his or her public sector body including the responsibility for the provision of accurate information to Ministers?
(4) If no to (3), why not?
(5) Can the Minister explain what are the specific processes provided for in part 5 Division 3 of the Act which would constitute a breach of discipline?
(6) If no to (5), why not?
(7) Can the Minister state a specific commencement date and thereafter on which a ‘breach of discipline’ would have occurred provided that the Public Sector Code of Ethics had been breached?
(8) If no to (7), why not?
(1) Can the Minister explain why any members of the public or any other persons are not able to instigate action under section 79 or section 80 of the
Public Sector Management Act 1994
?
(2) If no to (1), why not?
(3) Can the Minister explain why the CEO has end of line responsibility for the management of his or her public sector body including the responsibility for the provision of accurate information to Ministers?
(4) If no to (3), why not?
(5) Can the Minister explain what are the specific processes provided for in part 5 Division 3 of the Act which would constitute a breach of discipline?
(6) If no to (5), why not?
(7) Can the Minister state a specific commencement date and thereafter on which a ‘breach of discipline’ would have occurred provided that the Public Sector Code of Ethics had been breached?
(8) If no to (7), why not?
AnswerView source ↗
Answered
18 September 2003
Responded by
Leader of the House representing the Minister for Public Sector Management
Response time
27 days
(2) Not applicable. (3) Sections 29 to 33 of the Public Sector Management Act 1994 determines the functions and responsibilities of a chief executive officer and requires him or her to have end of line responsibility for the functioning of the department or organisation under his or her control. Some public sector bodies established by legislation may have certain powers provided to a responsible authority ie Governing Board. (4) Not applicable (5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(3) Sections 29 to 33 of the Public Sector Management Act 1994 determines the functions and responsibilities of a chief executive officer and requires him or her to have end of line responsibility for the functioning of the department or organisation under his or her control. Some public sector bodies established by legislation may have certain powers provided to a responsible authority ie Governing Board. (4) Not applicable (5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(4) Not applicable (5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(8) Not applicable.
(3) Sections 29 to 33 of the Public Sector Management Act 1994 determines the functions and responsibilities of a chief executive officer and requires him or her to have end of line responsibility for the functioning of the department or organisation under his or her control. Some public sector bodies established by legislation may have certain powers provided to a responsible authority ie Governing Board. (4) Not applicable (5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(4) Not applicable (5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(5) The procedure for determining whether a breach of discipline has occurred is detailed in Part 5 Division 3 of the Public Sector Management Act 1994. Section 80 of the Public Sector Management Act 1994 defines a breach of discipline. In following the procedure an employing authority would have to ascertain whether the action of an employee fell within the definition under section 80. (6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(6) Not applicable (7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(7) The Public Sector Code of Ethics was launched on 1 July 1996. A revised Code of Ethics came into effect on 1 March 2002. (8) Not applicable.
(8) Not applicable.
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