What about government officers and other government employees?
- Details
- Created: 28 November 2018
The Public Service Arbitrator 'has exclusive jurisdiction to enquire into and deal with any industrial matter relating to' government officers. Government officers who have been dismissed can only appeal that decision to the Public Service Appeal Board, chaired by a Public Service Arbitrator. Government officers cannot access the general jurisdiction of the Commission.
1 Who is a government officer?
Government officers are:
- every person employed on the salaried staff of a public authority;
- public service officers;
- parliamentary and electoral office staff;
- members of the Governor’s Establishment; or
- some employees appointed to the public service before 1 March 1985.
Most public servants will come within points (1) or (2).
Government officers are not:
- teachers;
- some railway officers; or
- post‑secondary academics.
A full definition of 'government officer' can be found here.
2 Other government employees
Police Officers, Prison Officers and Youth Custodial Officers cannot challenge their employer's decision to terminate their employment for ‘loss of confidence’ in the Commission's general jurisdiction. They must appeal the decision pursuant to the special regime created under the Police Act 1892 (WA), Prisons Act 1981 (WA) or the Young Offenders Act 1994 (WA).
Police officers have a right of appeal to the Police Appeal Board for certain disciplinary matters. Prison and Youth Custodial Officers have access to the Commission for substandard performance and disciplinary matters under Part 5 of the Public Sector Management Act 1994.