Appendix A: Evaluation framework

The approach used by the Public Sector Commission (the Commission) to evaluate the state of the sectors is informed by legislative requirements including those listed below.

Public Sector Management Act 1994 (PSM Act)

Under Sections 21 and 22D of the PSM Act, the Public Sector Commissioner (the Commissioner) is required to monitor and report on the state of public sector administration and management each year, and compliance with standards and ethical codes.The Commissioner's jurisdiction under the PSM Act applies to all Western Australia public sector bodies, which includes:

  • departments (established under Section 35 of the PSM Act)
  • SES organisations
  • non-SES organisations
  • ministerial offices.

This does not include other government bodies such as:

  • public universities
  • local governments
  • other entities listed in Schedule 1 of the PSM Act (e.g. government trading enterprises, courts and tribunals, departments of the Parliament, electorate offices and the Police Force).

Public Interest Disclosure Act 2003 (PID Act)

Under Section 22 of the PID Act, the Commissioner is also required to report on compliance with the PID Act and the Public interest disclosure officer's Code of Conduct and integrity. The Commissioner's jurisdiction under the PID Act is broader and includes public universities, local governments and other entities listed in Schedule 1 of the PSM Act.

Corruption, Crime and Misconduct Act 2003 (CCM Act)

On 1 July 2015, the Corruption and Crime Commission Act 2003 was amended and is now known as the CCM Act. This resulted in the transfer of the oversight of minor misconduct by public officers and the misconduct prevention and education functions to the Commissioner.

Under Section 45ZD of the CCM Act, the Commissioner monitors and reports to Parliament on behavioural trends seen in minor misconduct notifications from public authorities and reports from individuals, and provides analysis of information gathered through these functions to help public authorities prevent, identify and deal effectively with misconduct.

The Commissioner's jurisdiction under the minor misconduct provisions is very broad but specifically excludes WA Police, elected members in State or local government or a clerk of a house of Parliament.

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Page last updated 19 October 2017