Breach of Public Sector Standards claims Overview

The Public Sector Commissioner is responsible for establishing standards in human resource management for the WA public sector. The standards cover Employment (including recruitment, selection, appointment, temporary deployment (acting), transfer and secondment), Performance Management, Grievance Resolution, Redeployment, Termination and Discipline.

Breach of standard claims allow a person to seek redress if they believe a decision by a public sector agency has breached a standard, and they have been adversely affected by this breach. Breach claims can be made once an agency has completed a process and made a reviewable decision covered by all of the standards except Discipline.

Overview of the breach claim process Employees 1. Informing employees The agency must take reasonable steps to inform employees of the standards and the Public Sector Management (Breaches of Public Sector Standards) Regulations, 2005. It must also provide notification to relevant people about some employment decisions and completed grievances processes, in accordance with the regulations.

2. Lodging a claim A person may lodge a breach claim by writing to the agency setting out the reasons why they consider it has breached the standard and how they have been adversely affected by that breach. Timeframes apply but the Commissioner may approve the lodgement of a claim outside these timeframes under special circumstances.

3. Processing & referral In the first instance, the agency must make reasonable attempts to resolve the claim when it is lodged. If a written withdrawal has not been achieved within 15 working days the agency must forward the claim to the Commissioner.

4. Declining claims The Commissioner may decline to deal with a claim for reasons including that it is vexatious, frivolous, lacking in substance, is about matters the Commissioner cannot deal with, or is about the competitive merit of the claimant.

5. Conciliation & review If conciliation is not possible, or the claim has not been declined, the claim will be reviewed. Further attempts to conciliate may be made at any time up until the Commissioner makes a determination.

6. Determination The Commissioner determines whether there has been a breach of the standard, and advises the agency and the claimant of the determination and the reasons for this. The Commissioner recommends what relief, if any, is to be provided to the claimant.

7. Relief Within 10 working days of the Commissioner’s determination and recommendations, the agency advises the Commissioner of the action it proposes to take. The agency also advises the Commissioner 10 working days after it has implemented relief.

8. Reporting The Commissioner may report to the relevant Minister or Parliament if an agency does not give the recommended relief, or any relief the Commissioner considers appropriate, and/or if the agency has not complied with any of the regulations.