A parliamentary question seeks clarification on the powers, reporting structure, and employment conditions of the new Public Sector Commissioner in Western Australia, as well as the relationship to relevant legislation and the Commissioner for Public Sector Standards. The response clarifies the commissioner's delegated powers, independence from the Director General, and role under the Financial Management Act.

AnsweredQoN 112Legislative Council
Asked
1 December 2008
Portfolio
Leader of the House representing the Premier

QuestionView source ↗

PUBLIC SECTOR COMMISSIONER — APPOINTMENT
I refer to the announcement of a new Public Sector Commissioner made on 30 September. (1) What statutory powers does the new commissioner hold? (2) Is the new commissioner directly answerable to the new Director General of the Department of the Premier and Cabinet? (3) Are changes required to the Public Sector Management Act to enable the office of the new commissioner to function? (4) If yes to (3), are these being drafted? (5) How do the duties of the new commissioner differ from those of the Commissioner for Public Sector Standards? (6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE

AnswerView source ↗

I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(1) What statutory powers does the new commissioner hold? (2) Is the new commissioner directly answerable to the new Director General of the Department of the Premier and Cabinet? (3) Are changes required to the Public Sector Management Act to enable the office of the new commissioner to function? (4) If yes to (3), are these being drafted? (5) How do the duties of the new commissioner differ from those of the Commissioner for Public Sector Standards? (6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(2) Is the new commissioner directly answerable to the new Director General of the Department of the Premier and Cabinet? (3) Are changes required to the Public Sector Management Act to enable the office of the new commissioner to function? (4) If yes to (3), are these being drafted? (5) How do the duties of the new commissioner differ from those of the Commissioner for Public Sector Standards? (6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(3) Are changes required to the Public Sector Management Act to enable the office of the new commissioner to function? (4) If yes to (3), are these being drafted? (5) How do the duties of the new commissioner differ from those of the Commissioner for Public Sector Standards? (6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(4) If yes to (3), are these being drafted? (5) How do the duties of the new commissioner differ from those of the Commissioner for Public Sector Standards? (6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(5) How do the duties of the new commissioner differ from those of the Commissioner for Public Sector Standards? (6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(6) Under what contractual arrangements is the new commissioner employed? (7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(7) How does the role of the new commissioner relate to the Financial and Administration Audit Act 1985 and the Financial Management Act 2006? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
I thank the member for some notice of the question. (1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(1) The commissioner is not a statutory office holder, but, under delegation from the Premier, exercises the function of the Premier under the Public Sector Management Act 1994, except the employment of term-of-government ministerial officers; acting arrangements in chief executive officer positions for periods of less than three months; power to direct the holding of a special inquiry into a matter relating to the public sector; and some matters to do with redeployment and redundancy. The commissioner also exercises functions of the Premier, pursuant to other acts, where this relates to the fixing or determining of terms and/or conditions of service, classification, or fees/remuneration and allowances. (2) No. Under the delegations, the commissioner is the employing authority for all chief executive officers appointed under section 45 of the Public Sector Management Act 1994. This includes the Director General of the Department of the Premier and Cabinet. (3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(3) No. (4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(4) Not applicable. (5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(5) Refer to (1). The Commissioner for Public Sector Standards continues to exercise all statutory functions specifically provided for that office in the Public Sector Management Act 1994. (6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(6) The commissioner is employed under terms and conditions of employment held immediately prior to him becoming commissioner. (7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.
(7) The commissioner is the accountable authority of the Public Sector Commission for the purposes of the Financial Management Act 2006.

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