State Superannuation Regulations 2001
Part 1 - Preliminary


    8. Who does a worker work for

    (1) A worker who is appointed under Part 3 of the Public Sector Management Act 1994 and to whom subsections (2), (3) and (7) do not apply, is taken to work for the Employer for, within, or for the purposes of, which or whom the worker works.

    (2) A worker who is the holder of an office or position established or continued under a written law, other than a parliamentarian, is taken to work for the Government of Western Australia.

    (2a) A worker who is a parliamentarian is taken to work for the Government of Western Australia.

    (3) A worker who is appointed to an office or position by the Governor, a Minister, an Employer or another worker is taken to work for the Government of Western Australia.

    (4) A worker who is appointed under section 64(1) or 100(2) of the Public Sector Management Act 1994 is taken to work for the Employer for, within, or for the purposes of, which or whom the worker works.

    (5) A worker who is appointed under Part I of the Police Act 1892 is taken to work for

    (a) in the case of the Commissioner of Police, the Government of Western Australia; and

    (b) otherwise, the Commissioner of Police.

    (6) A worker who is a member of the Governor's Establishment (as defined in the Governor's Establishment Act 1992) is taken to work for the Governor.

    (7) A worker who is a member of a department of the staff of Parliament referred to in the Parliamentary and Electorate Staff (Employment) Act 1992 is taken to work for whichever of

    (a) the President of the Legislative Council;

    (b) the Speaker of the Legislative Assembly; or

    (c) the President of the Legislative Council and the Speaker of the Legislative Assembly acting jointly,

    is specified in that Act as the worker's employer.

    (8) A worker who is otherwise appointed by the Governor or a Minister under an Act as an officer, servant or member of staff, of, for, or for the purposes of, an Employer and to whom subregulations (1) to (7) do not apply, is taken to work for that Employer.

    (9) A worker who is otherwise employed under a contract of employment to work for, within, or for the purposes of, an Employer, and to whom subregulations (1) to (8) do not apply, is taken to work for that Employer.

    (10) A worker who is engaged under a contract for services to provide services to, or for the purposes of, an Employer where at least 50% of the person's remuneration under the contract is for the person's labour, is taken to work for that Employer.

    (11) A worker who is employed or engaged by a person who is not an Employer but who is seconded to work for, within, or for the purpose of, an Employer under an agreement that requires the Employer to provide superannuation for the person is taken to work for that Employer.

    (12) If a worker is on secondment from one Employer to another, the worker is taken to work for the Employer to whom he or she is seconded.

    [Regulation 8 amended in Gazette 29 Jun 2001 p. 3081-2.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.