Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 (Western Australia)

These regulations (the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005) establish the procedural framework for handling claims that a Western Australian public sector body has breached public sector standards relating principally to recruitment, selection, appointment, transfer and related employment processes. The instrument prescribes who may bring a claim (reg 6), what notices employing authorities must give (reg 5), time limits for lodging claims (reg 7), the effect of a claim on a proposed appointment, transfer or selection to an appointment pool (regs 8-9), and the staged internal/external processes for resolving claims (Part 3). It sets out the role and powers of conciliation and review officers and of the Commissioner (regs 11-21), what information must be exchanged (reg 12), and how settlements, reviews, determinations and directions operate (Divisions 2-4). It also prescribes limited referral routes to the Western Australian Industrial Relations Commission (WAIRC) for claims that concern a "specified public sector standard" (regs 3, 11A, 10B). The Commissioner is given a supervisory role, including the power to decide not to proceed with certain claims (reg 11A), to direct relief (reg 21(2A)), and to report non‑compliance to Ministers and Parliament (reg 30).

Mechanically, the regulations create a gate‑kept, staged dispute resolution path: initial internal attempt to resolve within 21 days (reg 10), referral to the Commissioner if unresolved (reg 10A), assignment to a conciliation and review officer (reg 11), conciliation attempts (Div. 2), and if not resolved, a review and a Commissioner determination (Div. 3-4). Key operational effects are immediate and concrete: where a claim is lodged in respect of a notifiable employment decision or a transfer, the employing authority is prevented from making the appointment or giving effect to the transfer while the claim proceeds, unless specified exceptions or permissions apply (reg 8). The Commissioner may order or recommend relief, but the regulations explicitly prohibit the Commissioner from ordering that the claimant be appointed to a post (reg 21(2)) while allowing a direction that a specified person not be appointed (reg 21(3)). The regulations also prescribe limits on representation in conciliation and review (reg 27) and impose record‑keeping and notification duties on public sector bodies (regs 5, 10, 10A, 22).

CrestWestern Australia

Public Sector Management Act 1994

Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

Western Australia

Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used in these regulations 1
Guidelines 4

5A. Shared appointment pools 4

Part 2 — Claims for relief for breaches of public sector standards

Public sector bodies to give notice of certain reviewable decisions 5
Making claims for relief for breaches of public sector standards 6
Lodging claims with public sector bodies 9
Effect of making claims on proposed appointments and transfers 10
Effect of making claims on proposed selections to appointment pools 12

Part 3 — Procedures for dealing with claims for relief

Division 1 — General

Public sector bodies must attempt to resolve claim 14

10A. Public sector bodies must send certain unresolved claims to Commissioner 15

10B. Public sector body must advise claimants that certain unresolved claims may be referred to WAIRC 15

11A. Commissioner may decide not to deal with a claim 16

Assignment of claims for relief to conciliation and review officers 17
Conciliation and review officers may seek information and documents 18
Commissioner may perform functions of conciliation and review officer 19

Division 2 — Conciliation

Conciliation of claims 19
Conciliation may be repeated 19
Settlement of claims by agreement 19

Division 3 — Review

Review to be carried out if claim not settled by agreement 20
Review procedures 20
Conciliation and review officer to report to Commissioner 21

Division 4 — Determinations by Commissioner

Commissioner to make determination 21
Commissioner to notify claimant and public sector body of determination 22
Public sector body to notify Commissioner and claimant of intended response 23

Division 5 — Withdrawn and lapsed claims

Withdrawn claims 24
Lapsed claims 25
No further action to be taken for withdrawn or lapsed claims 25

Division 6 — Miscellaneous

Suspension of conciliation process or review process 26
Representation during conciliation process or review process 26

Part 4 — General

Information about public sector standards and regulations to be made available to employees 28
Terms and conditions of appointment of conciliation and review officers 28
Commissioner may report to Minister and Parliament 28

Part 5 — Transitional matters

Transitional provision for Public Sector Management Regulations Amendment Regulations (No. 2) 2025 30

Notes

Compilation table 32

Uncommenced provisions table 32

Defined terms

Western Australia

Public Sector Management Act 1994

Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

Part 1 — Preliminary

1. Citation

These regulations are the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005.

2. Commencement

These regulations come into operation on 1 September 2005.

3. Terms used in these regulations

(1) In these regulations, unless the contrary intention appears —

acting movement means the temporary movement of an employee from an office, post or position in a public sector body to another office, post or position in the same body with an equivalent or higher level of classification;

agency resolution period, in relation to a claim, means the period for a public sector body to resolve the claim with the claimant under regulation 10;

appointment pool means —

(a) a number of persons selected by the employing authority of a public sector body as suitable to be considered for appointment to fill a future vacancy or future vacancies of a particular class in that public sector body; or

(b) a shared appointment pool;

business day means any day other than a Saturday, Sunday or public holiday;

claim means a claim for relief under regulation 6;

claimant means a person who makes a claim;

conciliation and review officer means a person to whom a claim is assigned under regulation 11;

conciliation process means the procedures under Part 3 Division 2 for settling a claim by agreement;

guidelines means guidelines issued under regulation 4;

nominated officer means an officer of a public sector body nominated by the employing authority of the public sector body to act on its behalf for the purposes of these regulations;

notifiable employment decision means a reviewable decision in respect of —

(a) the appointment of a person to fill a vacancy, otherwise than from an appointment pool or by way of acting movement or transfer —

(i) for a period of more than 6 months; or

(ii) for a period of 6 months or less if the vacancy was advertised on the basis that the period of the appointment could later be extended to more than 6 months or the person appointed could later become a permanent officer;

(b) the appointment of a person to fill a temporary vacancy, by way of acting movement, if the vacancy was advertised on the basis that the person appointed could later become a permanent officer;

public sector employment standard means the Commissioner’s instructions issued under section 21(1)(a)(i) or (ii) of the Act establishing public sector standards in respect of recruitment, selection, appointment, transfer, secondment and temporary deployment (acting) of employees;

public sector standard does not include a public sector standard established in respect of substandard performance or disciplinary matters;

reviewable decision means a decision made by the employing authority of a public sector body as the result of the completion of a process to which a public sector standard applies;

review process means the procedures under Part 3 Division 3 for reviewing a claim;

shared appointment pool means a number of persons selected by employing authorities of public sector bodies as suitable to be considered for appointment to fill a vacancy or future vacancy of a particular class in those public sector bodies;

specified public sector standard has the meaning given in the Industrial Relations Act 1979 section 36AI;

transfer —

(a) means the permanent movement of an employee from an office, post or position in a public sector body to another office, post or position with the same level of classification in a public sector body; but

(b) does not include movement of an employee from an office, post or position in a public sector body because of an appointment of the employee to another office, post or position made following completion of a recruitment, selection and appointment process to fill a vacancy;

vacancy means a vacant office, post or position;

WAIRC means the Commission as defined in the Industrial Relations Act 1979 section 7(1).

[(2) deleted]

[Regulation 3 amended: Gazette 11 Feb 2011 p. 493-6; SL 2025/122 r. 4.]

4. Guidelines

(1) The Commissioner may from time to time issue guidelines for the purposes of these regulations.

(2) The guidelines are not to be inconsistent with the Act or these regulations.

5A. Shared appointment pools

(1) If a shared appointment pool is established for 2 or more public sector bodies, the employing authorities of the public sector bodies must designate in writing one of the public sector bodies, and its employing authority, as the body and employing authority responsible for compliance with regulation 5(3A) and for dealing with any claim made under these regulations in relation to the shared appointment pool.

(2) A notice given under regulation 5(3A) in respect of a reviewable decision in relation to a shared appointment pool must specify the public sector body and employing authority responsible for dealing with any claim in relation to the reviewable decision.

[Regulation 5A inserted: Gazette 11 Feb 2011 p. 495.]

Part 2 — Claims for relief for breaches of public sector standards

5. Public sector bodies to give notice of certain reviewable decisions

(1) If an employing authority makes a reviewable decision as the result of the completion of a process to which a public sector standard that is established in respect of the resolution of employees’ grievances applies, the employing authority must give written notice that complies with subregulation (3) to —

(a) the person whose grievance resulted in the making of the reviewable decision; and

(b) each person (if any) who was the subject of the grievance.

(2) If an employing authority makes a notifiable employment decision in respect of an appointment to fill a vacancy as the result of the completion of a process to which a public sector employment standard applies, the employing authority must give written notice that complies with subregulation (3) to any person who applied unsuccessfully to be appointed to fill the vacancy.

(3A) If an employing authority makes a notifiable employment decision in respect of selection for inclusion in an appointment pool as the result of the completion of a process to which a public sector employment standard applies, the employing authority must give written notice that complies with subregulation (3) to any person who applied unsuccessfully to be selected to form part of the appointment pool.

(3) Notice complies with this subregulation if it states —

(a) that the person may make a claim under these regulations in relation to the reviewable decision;

(b) how the claim may be made;

(c) the date no later than which the claim may be lodged with the public sector body, in accordance with regulation 7(1); and

(d) anything specified in the guidelines for the purposes of this subregulation.

[Regulation 5 amended: Gazette 11 Feb 2011 p. 495-6.]

6. Making claims for relief for breaches of public sector standards

(1A) In this regulation —

minimum period, in relation to an appointment to fill a vacancy, means —

(a) a period of more than 6 months; or

(b) a period of 6 months or less if the vacancy was advertised on the basis that the period of the appointment could later be extended to more than 6 months or the person appointed could later become a permanent officer.

(1) Subject to subregulations (3) and (4), if —

(a) a person considers that, in making a reviewable decision or otherwise, a public sector body or an employing authority of a public sector body has breached a public sector standard; and

(b) the person is adversely affected by the breach,

the person may make a claim for relief to the public sector body.

(2) The claim is to be in writing, setting out the grounds on which it is claimed that the public sector standard has been breached.

(3) Subject to subregulations (3A), (3B) and (3C), only the following persons may make a claim in respect of a breach of a public sector employment standard —

(a) a person who —

(i) applied unsuccessfully to be appointed to fill a vacancy for the minimum period, other than filling the vacancy by appointment from an appointment pool or by way of acting movement or transfer; and

(ii) claims there was a breach of the standard to the extent it applies to the process for the appointment mentioned in subparagraph (i);

(b) a person who —

(i) applied unsuccessfully to be appointed to fill a temporary vacancy for the minimum period by way of acting movement; and

(ii) claims there was a breach of the standard to the extent it applies to the process for the appointment mentioned in subparagraph (i);

(i) applied unsuccessfully to be selected to form part of an appointment pool; and

(ii) claims there was a breach of the standard to the extent it applies to the process for the selection mentioned in subparagraph (i);

(d) a person who —

(i) applied unsuccessfully to fill a vacancy by way of transfer; and

(ii) claims there was a breach of the standard to the extent it applies to the process for the transfer mentioned in subparagraph (i);

(e) a person who —

(i) is being transferred; and

(ii) claims there was a breach of the standard to the extent it applies to the process for the transfer mentioned in subparagraph (i).

(3A) Subregulation (3)(d) does not apply to a person if, when the person applied to fill a vacancy by way of transfer, the person could have applied to fill the vacancy other than by way of transfer.

(3B) Subregulation (3)(d) and (e) does not apply to any of the following —

(a) the transfer of an employee under the Public Sector Management (Redeployment and Redundancy) Regulations 2014 regulation 10(1);

(b) the disposition of an employee by the Commissioner under section 22B of the Act;

(c) the appointment of an employee to a permanent office, post or position with the same level of classification held by the employee immediately before the appointment, if the purpose of the appointment is to change fixed term or casual employment to permanent employment in accordance with the Commissioner’s instructions or an industrial instrument;

(d) the transfer of an employee occurring as the outcome of a process to address substandard performance;

(e) the transfer of an employee made as a consequence of disciplinary action taken because of a breach of discipline to which the public sector standard for discipline applies.

(3C) For the purpose of applying subregulation (3), unless a person applied to fill a vacancy by way of transfer —

(a) it is irrelevant that the person could have filled the vacancy by way of transfer; and

(b) a public sector employment standard, to the extent it applies to the process of transfer, is not relevant; and

(c) any reference to a transfer in a document, prepared for the purpose of the person being appointed to, or being considered for being appointed to, fill the vacancy, is irrelevant.

(4) A claim may be made otherwise than in respect of a reviewable decision only if, on the application of the person proposing to make the claim, the Commissioner —

(a) is satisfied that there are reasonable grounds for making the claim; and

(b) gives the person written approval to do so within a specified period.

(5) The Commissioner is to give a copy of an approval under subregulation (4) to the public sector body.

[Regulation 6 amended: Gazette 11 Feb 2011 p. 496-7; SL 2025/122 r. 5.]

7. Lodging claims with public sector bodies

(1) Subject to subregulation (2), a claim made in respect of a reviewable decision is to be lodged with the public sector body within the prescribed lodgement period.

(2) If the Commissioner is satisfied that there are reasonable grounds for the late lodgement of a claim, the Commissioner may, on the application of the person proposing to make the claim, give the person written approval to lodge the claim after the prescribed lodgement period within the period specified in the approval.

(3) The Commissioner is to give a copy of an approval under subregulation (2) to the public sector body.

(4) If a person is given approval by the Commissioner under regulation 6(4)(b) to make a claim otherwise than in respect of a reviewable decision, the claim is to be lodged with the public sector body within the period specified in the approval.

(5) In this regulation —

prescribed lodgement period means —

(a) for a notifiable employment decision — such period, being a period of not less than 4 business days after the claimant was given notice under regulation 5(2) or (3A), as is specified in the notice;

(b) for a reviewable decision referred to in regulation 5(1) — 10 business days after the claimant was given notice under that subregulation;

(c) for any other reviewable decision — 10 business days after the claimant first became aware of the reviewable decision or 30 business days after the reviewable decision was made, which period expires first.

[Regulation 7 amended: Gazette 28 Oct 2008 p. 4727‑8; 11 Feb 2011 p. 497; SL 2025/122 r. 6.]

[8A. Deleted: Gazette 11 Feb 2011 p. 497.]

8. Effect of making claims on proposed appointments and transfers

(1) If —

(a) an employing authority of a public sector body makes —

(i) a notifiable employment decision in relation to the appointment of a person to fill a vacancy; or

(ii) a reviewable decision to transfer an employee;

and

(b) a claim is lodged with the public sector body in respect of a reviewable decision that relates to the proposed appointment or transfer,

the employing authority cannot make the appointment or give effect to the transfer.

(2) For any claim other than a claim that there was a breach of a specified public sector standard, subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —

(a) the claim is resolved between the public sector body and the claimant during the agency resolution period for the claim; or

(b) the claim is settled by agreement through the conciliation process; or

(d) the claim is withdrawn under regulation 23(1); or

(e) the claim lapses under regulation 24(3).

(2A) For a claim that there was a breach of a specified public sector standard, subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —

(a) the claim is resolved between the public sector body and the claimant during the agency resolution period for the claim; or

(b) the claim is referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l); or

(c) the claim is not referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l) within 28 days after the end of the agency resolution period for the claim; or

(d) the claim is withdrawn under regulation 23(4).

(3) Subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —

(a) the employing authority of the public sector body makes a written submission to the Commissioner that sets out the reasons why the employing authority should make the proposed appointment, or give effect to the proposed transfer, despite the claim having been made; and

(b) the Commissioner gives the employing authority written approval to make the appointment or give effect to the transfer.

(4) This regulation does not apply to any of the following —

(a) the transfer of an employee under the Public Sector Management (Redeployment and Redundancy) Regulations 2014 regulation 10(1);

(b) the disposition of an employee by the Commissioner under section 22B of the Act;

(d) the transfer of an employee occurring as the outcome of a process to address substandard performance;

(e) the transfer of an employee made as a consequence of disciplinary action taken because of a breach of discipline to which the public sector standard for discipline applies.

[Regulation 8 amended: Gazette 11 Feb 2011 p. 497-8; SL 2025/122 r. 7.]

9. Effect of making claims on proposed selections to appointment pools

(1) If —

(a) the employing authority of a public sector body proposes to select persons to form an appointment pool; and

(b) a claim is lodged with the public sector body in respect of a reviewable decision that relates to any of the proposed selections,

the employing authority —

(d) may make an appointment from the appointment pool to fill a vacancy only if regulation 8(2) or subregulation (2) or (3) applies.

(2) This subregulation applies if the public sector body has another vacancy to fill from the appointment pool to which the claimant could be appointed if the claim were to be successful.

(3) This subregulation applies if —

(a) the employing authority of the public sector body makes a written submission to the Commissioner that sets out the reasons why the employing authority should make an appointment from the appointment pool despite the claim having been made; and

(b) the Commissioner gives the employing authority written approval to make the appointment.

[Regulation 9 amended: Gazette 11 Feb 2011 p. 498.]

Part 3 — Procedures for dealing with claims for relief

Division 1 — General

10. Public sector bodies must attempt to resolve claim

(1) If a claim is lodged with a public sector body, the public sector body must make reasonable attempts to resolve the claim with the claimant within the period of 21 days starting on the day after the day on which the claim was lodged.

(2) Without limiting subregulation (1), the public sector body must make all reasonable efforts to do the following within the 21 days mentioned in subregulation (1) —

(a) allocate a person to deal with the claim who was not involved in the original process or decision;

(b) discuss the claim with the claimant;

(c) give the claimant all information required to understand the claim resolution process and potential options for resolution of the claim;

(d) assess the claim;

(e) discuss the public sector body’s assessment of the claim with the claimant as soon as practicable after completing the assessment;

(f) if the claim is not resolved, notify the claimant of the process for referring the claim to either the Commissioner or the WAIRC.

(3) The public sector body must keep records of its compliance with subregulations (1) and (2) and, if relevant, the reasons it was unable to comply with any requirements of subregulation (2).

[Regulation 10 inserted: SL 2025/122 r. 8.]

10A. Public sector bodies must send certain unresolved claims to Commissioner

(1) This regulation applies if —

(a) a claim is lodged with a public sector body, other than a claim that there was a breach of a specified public sector standard; and

(b) the claim is not resolved with the claimant or withdrawn within the agency resolution period for the claim.

(2) The public sector body must —

(a) send the following to the Commissioner —

(i) the claim;

(ii) the name and the telephone number or other contact details of the claimant and the nominated officer;

(iii) any document that the public sector body considers relevant to the claim or that is specified in the guidelines for the purposes of this regulation;

and

(b) give to the claimant written notice that the claim has been sent to the Commissioner.

[Regulation 10A inserted: SL 2025/122 r. 8.]

10B. Public sector body must advise claimants that certain unresolved claims may be referred to WAIRC

(1) In this regulation —

association means an association registered under the Industrial Relations Act 1979 Part II Division 4;

organisation means an organisation registered under the Industrial Relations Act 1979 Part II Division 4.

(2) This regulation applies if —

(a) a claim that there was a breach of a specified public sector standard is lodged with a public sector body; and

(b) the claim is not resolved with the claimant or withdrawn within the agency resolution period for the claim.

(3) The public sector body must give to the claimant written notice that any of the following may refer the claim to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l) no later than 28 days after the end of the agency resolution period for the claim —

(a) the claimant;

(b) an organisation for which the claimant is eligible to be enrolled as a member;

[Regulation 10B inserted: SL 2025/122 r. 8.]

11A. Commissioner may decide not to deal with a claim

(1) The Commissioner may, at any time after receiving a claim, decide not to deal with the claim, or to stop dealing with the claim, because —

(a) the claim does not relate to a matter the Commissioner has power to deal with; or

(b) in the opinion of the Commissioner, the claim is vexatious, frivolous or lacking in substance or does not warrant further action; or

(c) the subject matter of the claim is being dealt with, or has already been dealt with, adequately by the Commissioner or another entity; or

(d) the claim is solely about the competitive merit of the claimant.

(1A) The Commissioner must not deal with a claim that there was a breach of a specified public sector standard.

(2) If the Commissioner decides not to deal with the claim, or to stop dealing with the claim, the Commissioner must inform the person who made the claim, in writing, of the decision and the reason for the decision.

(3) If the Commissioner decides not to deal with a claim because of subregulation (1A), the Commissioner must, in writing, inform the entity who sent the claim to the Commissioner that the claim may be referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l).

(4) If a public sector body is informed by the Commissioner about a claim under subregulation (3), the public sector body must inform the claimant that the claim may be referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l).

[Regulation 11A inserted: Gazette 11 Feb 2011 p. 499; amended: SL 2025/122 r. 9.]

11. Assignment of claims for relief to conciliation and review officers

(1) When a claim is sent to the Commissioner under regulation 10A(2), the Commissioner is to assign the claim to a person appointed under section 97(1)(b) of the Act.

(2) The Commissioner may assign a claim to a conciliation and review officer for the purposes of —

(a) the conciliation process and the review process;

(b) the conciliation process or the review process; or

(3) The Commissioner may at any time withdraw a claim from a conciliation and review officer and assign it to another person appointed under section 97(1)(b) of the Act.

(4) The Commissioner is to give written notice to the claimant and the public sector body of the assignment of the claim to a conciliation and review officer, including in the notice the name of the officer.

(5) This regulation does not apply to a claim that there was a breach of a specified public sector standard.

[Regulation 11 amended: SL 2025/122 r. 10.]

12. Conciliation and review officers may seek information and documents

(1) For the purposes of preparing for or carrying out the conciliation process or review process, a conciliation and review officer may ask the claimant or the employing authority of the relevant public sector body to provide any information or document in the possession or control of the claimant or public sector body that the officer reasonably considers relevant to the process.

(2) The claimant or the employing authority is to comply with a request under subregulation (1).

(3) The conciliation and review officer may make a copy of any document, or a record of any information, provided under subregulation (1).

(4) Subregulation (1) does not limit the information or documents that the conciliation and review officer may obtain and have regard to for the purposes of preparing for or carrying out the conciliation process or review process.

[Regulation 12 amended: Gazette 11 Feb 2011 p. 499-500.]

13. Commissioner may perform functions of conciliation and review officer

The Commissioner may perform all or any of the functions of a conciliation and review officer under these regulations in respect of a claim, other than a claim that there was a breach of a specified public sector standard.

[Regulation 13 amended: SL 2025/122 r. 11.]

Division 2 — Conciliation

14. Conciliation of claims

A conciliation and review officer, having regard to the guidelines, is to invite and encourage the claimant and the employing authority of the relevant public sector body to attempt to settle by agreement a claim assigned to the officer under regulation 11.

[Regulation 14 amended: Gazette 11 Feb 2011 p. 500.]

15. Conciliation may be repeated

If a claim is not settled under regulation 14, the conciliation and review officer may, at any time before the Commissioner has given notice to them under regulation 21, invite and encourage the claimant and the employing authority of the relevant public sector body to attempt to settle the claim by agreement.

[Regulation 15 amended: Gazette 11 Feb 2011 p. 500.]

16. Settlement of claims by agreement

(1) If a claim is settled by agreement under this Division, the conciliation and review officer is to set out the terms of the agreement in writing.

(2) The written agreement is to be signed by the conciliation and review officer, the claimant and the nominated officer.

(3) The conciliation and review officer is to give a copy of the signed agreement to the claimant, the nominated officer and the Commissioner.

(4) If a claim is settled by agreement under this Division, no further action is to be taken under these regulations in relation to the claim.

(5) If a claim is not settled by agreement under this Division, the conciliation and review officer is to notify the Commissioner accordingly.

Division 3 — Review

17. Review to be carried out if claim not settled by agreement

If a claim is not settled by agreement under Division 2, the conciliation and review officer is to carry out a review of the claim.

18. Review procedures

(1) The conciliation and review officer, having regard to the guidelines, is to carry out a review of a claim by —

(a) giving the claimant and the employing authority of the relevant public sector body the opportunity to make any submissions, in writing or otherwise, in support of or in response to the claim;

(b) interviewing any person who the officer considers may have information relevant to the claim; and

(c) considering the information and documents provided by the claimant or the employing authority under regulation 12 and, subject to subregulation (2), any other information or document obtained by the officer that the officer considers relevant to the claim.

(2) In carrying out the review, the conciliation and review officer is not to have regard to anything said by, or any document provided by, the claimant or the employing authority —

(a) that was said or provided for the purposes of attempting to settle the claim by agreement under Division 2; and

(b) that the conciliation and review officer considers was said or provided confidentially for those purposes.

[Regulation 18 amended: Gazette 11 Feb 2011 p. 500.]

19. Conciliation and review officer to report to Commissioner

As soon as is practicable after completing the review of a claim, the conciliation and review officer is to give to the Commissioner a written report in the form specified in the guidelines that —

(a) sets out the facts and circumstances that gave rise to the claim and explains the relevance of those facts and circumstances to the public sector standard to which the claim relates;

(b) describes the relief, if any, proposed by the claimant or the public sector body in relation to the claim; and

(c) if the officer considers that the claimant or public sector body or its employing authority may have failed to comply with any of these regulations — sets out the facts and circumstances that gave rise to that opinion.

[Regulation 19 amended: Gazette 11 Feb 2011 p. 500.]

Division 4 — Determinations by Commissioner

20. Commissioner to make determination

(1) When the Commissioner is given a report under regulation 19 resulting from the review of a claim, the Commissioner is to consider —

(a) the claim, the report and any documents provided under these regulations that relate to the claim, other than a document considered confidential by the conciliation and review officer under regulation 18(2); and

(b) any other information or document that the Commissioner obtains and considers relevant to the claim.

(2) On the basis of the material considered under subregulation (1) the Commissioner is to determine —

(a) that the public sector body or its employing authority has breached a public sector standard and, if so, whether to recommend or, instead of making a recommendation, to direct that relief or no relief be given by the public sector body to the claimant; or

(b) that the public sector body and its employing authority have not breached a public sector standard and the claim is to be dismissed.

[Regulation 20 amended: Gazette 11 Feb 2011 p. 500-1; 11 Mar 2014 p. 585.]

21. Commissioner to notify claimant and public sector body of determination

(1) The Commissioner is to give written notice to the claimant and the public sector body of —

(a) the Commissioner’s determination under regulation 20(2) including, if applicable, the Commissioner’s recommendation or direction —

(i) that the claimant be given the relief as specified in the notice within the period specified in the notice; or

(ii) that no relief be given to the claimant;

and

(b) the reasons for the determination.

(2A) If —

(a) the Commissioner makes a recommendation in a notice under subregulation (1); and

(b) the public sector body or its employing authority does not follow the recommendation within the period specified in the notice, or proposes action under regulation 22(1)(b) or (c) that the Commissioner does not consider appropriate,

the Commissioner may direct the public sector body or its employing authority to give the claimant the relief specified in the direction within a period specified in the direction.

(2) The Commissioner cannot recommend that the relief to be given by the public sector body is the appointment of the claimant or another person.

(3) The Commissioner cannot direct under subregulation (1) or (2A) that the relief to be given is the appointment of the claimant or another person, but may direct that a specified person is not to be appointed.

[Regulation 21 amended: Gazette 11 Mar 2014 p. 585-6.]

22. Public sector body to notify Commissioner and claimant of intended response

(1) Within 10 business days after a public sector body is given notice under regulation 21 of relief that the Commissioner recommends be given to the claimant, the employing authority of the public sector body is to give written notice to the Commissioner and the claimant of its intention —

(a) to give to the claimant the recommended relief; or

(b) to give to the claimant any other relief as specified in the notice given by the employing authority of the public sector body; or

(2) If subregulation (1)(b) or (c) applies, the employing authority is to include in the notice the reasons for that intention.

(3) The employing authority is to give written notice to the Commissioner within 10 business days after the claimant is given relief, specifying the relief that was given.

[Regulation 22 amended: Gazette 11 Feb 2011 p. 501; SL 2025/122 r. 12.]

Division 5 — Withdrawn and lapsed claims

23. Withdrawn claims

(1) For any claim other than a claim that there was a breach of a specified public sector standard the claimant may at any time withdraw the claim by giving written notice of the withdrawal to the Commissioner or the public sector body with which the claim was lodged.

(2) If a public sector body is given notice under subregulation (1), the employing authority of the public sector body is to give written notice to the Commissioner of the withdrawal of the claim.

(3) If the Commissioner is given notice under subregulation (1), the Commissioner is to give written notice to the public sector body of the withdrawal of the claim.

(4) For a claim that there was a breach of a specified public sector standard, the claimant may, before the end of the agency resolution period for the claim, withdraw the claim by giving written notice of the withdrawal to the public sector body with which the claim was lodged.

[Regulation 23 amended: Gazette 11 Feb 2011 p. 501; SL 2025/122 r. 13.]

24. Lapsed claims

(1) If the Commissioner considers that a claimant, having been requested to do so by a conciliation and review officer, has failed to participate appropriately in the conciliation process or review process, the Commissioner may give the claimant a written notice under subregulation (2).

(2) A notice under this subregulation is to inform the claimant that, unless within 5 business days after the notice is given the claimant gives the Commissioner a written undertaking to participate appropriately in the conciliation process or review process (as the case requires), the claim will lapse at the end of that period.

(3) If the claimant does not give the Commissioner the undertaking within the period referred to in subregulation (2), the claim lapses at the end of that period.

(4) The Commissioner is to give written notice that a claim has lapsed to the claimant and the public sector body.

[Regulation 24 amended: SL 2025/122 r. 14.]

25. No further action to be taken for withdrawn or lapsed claims

(1) If a claim —

(a) is withdrawn under regulation 23(1) or (4); or

(b) lapses under regulation 24(3),

no further action is to be taken under these regulations in relation to the claim.

[Regulation 25 amended: SL 2025/122 r. 15.]

Division 6 — Miscellaneous

26. Suspension of conciliation process or review process

If —

(a) the Commissioner considers that matters that are the subject of the performance of any of the Commissioner’s monitoring compliance functions under section 21 of the Act consist of or include matters in relation to which a claim has been made; and

(b) the conciliation process or review process is taking place in relation to the claim,

the Commissioner may suspend the conciliation process or review process for any period the Commissioner thinks fit.

27. Representation during conciliation process or review process

(1) A claimant is not entitled to be represented by another person during the conciliation process or review process unless the conciliation and review officer otherwise decides on the ground that the process cannot proceed effectively without the claimant being represented.

(2) A public sector body or employing authority is not entitled to be represented by a person other than a nominated officer during the conciliation process or review process unless the conciliation and review officer otherwise decides on the ground that the process cannot proceed effectively without the public sector body or employing authority being represented by a person other than a nominated officer.

(3) A claimant is entitled to be accompanied by a support person of his or her own choosing during the conciliation process or review process unless the conciliation and review officer otherwise decides on the ground that the process cannot proceed effectively with the claimant being accompanied by the support person.

(4) A nominated officer is entitled to be accompanied by another person, who may be able to assist the conciliation process or review process, during that process unless the conciliation and review officer otherwise decides on the ground that the process cannot proceed effectively with the nominated officer being accompanied by the other person.

[Regulation 27 amended: Gazette 11 Feb 2011 p. 501.]

Part 4 — General

28. Information about public sector standards and regulations to be made available to employees

The employing authority of a public sector body is to take reasonable steps to ensure that information regarding the operation and effect of —

(a) the public sector standards; and

(aa) the application of the Industrial Relations Act 1979 to, and the WAIRC’s jurisdiction to deal with, claims regarding a breach of a specified public sector standard; and

(b) these regulations,

is made available to the employees of the public sector body.

[Regulation 28 amended: SL 2025/122 r. 16.]

29. Terms and conditions of appointment of conciliation and review officers

The remuneration and the terms and conditions of appointment of a conciliation and review officer who is not an employee are as determined from time to time by the Commissioner.

30. Commissioner may report to Minister and Parliament

If the Commissioner determines that a public sector body —

(a) has not given a claimant the relief directed by the Commissioner under regulation 21(1) or (2A); or

(b) has not complied with any of these regulations,

the Commissioner —

(i) the employing authority of the public sector body; and

(ii) the Minister responsible for the public sector body;

and

(d) may cause a copy of the report to be laid before each House of Parliament.

[Regulation 30 amended: Gazette 11 Mar 2014 p. 586.]

Part 5 — Transitional matters

[Heading inserted: Gazette 11 Feb 2011 p. 501.]

31. Transitional provision for Public Sector Management Regulations Amendment Regulations (No. 2) 2025

(1) In this regulation —

commencement day means the day on which the Industrial Relations Legislation Amendment Act 2024 section 99 comes into operation;

former regulations means these regulations as in force immediately before commencement day;

resolution period, in relation to a claim, means the period of 21 days starting on the day after the day on which the claim is made.

(2) Subregulations (3) and (4) apply if —

(a) before commencement day, a person made a claim for relief to a public sector body on the ground mentioned in the Industrial Relations Act 1979 section 36AJ(a) in accordance with the former regulations; and

(b) on commencement day —

(i) the resolution period for the claim had not ended; or

(ii) the resolution period for the person’s claim had ended but the public sector body had not sent the claim to the Commissioner in accordance with the former regulations.

(3) From commencement day —

(a) Part 2 (other than regulation 8), and regulation 10, of the former regulations continue to apply in relation to the claim; and

(b) regulation 8 and Part 3 (other than regulation 10) as in force on or after commencement day, apply in relation to the claim.

(4) However, regulation 10 of the former regulations does not apply in relation to the claim to the extent the regulation requires the public sector body to —

(a) send the claim, information or a document to the Commissioner; or

(b) give written notice to the claimant that the claim has been sent to the Commissioner.

(5) Subregulation (6) applies if, before commencement day —

(a) a person made a claim for relief to a public sector body on the ground that the public sector body breached a public sector standard, other than a specified public sector standard, in accordance with the former regulations; and

(b) under the former regulations —

(i) the public sector body had not yet sent the person’s claim to the Commissioner; or

(ii) the public sector body sent the person’s claim to the Commissioner but the Commissioner had not finished dealing with the claim.

(6) The Commissioner and public sector body must continue to deal with the claim under the former regulations.

[Regulation 31 inserted: SL 2025/122 r. 17.]

[32. Deleted: Gazette 11 Feb 2011 p. 501.]

View image in the official source

Notes

This is a compilation of the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Citation	Published	Commencement
Public Sector Management (Breaches of Public Sector Standards) Regulations 2005	15 Jul 2005 p. 3325‑49	1 Sep 2005 (see r. 2)
Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2008	28 Oct 2008 p. 4727‑8	r. 1 and 2: 28 Oct 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Nov 2008 (see r. 2(b))
Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2011	11 Feb 2011 p. 493-502	r. 1 and 2: 11 Feb 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Feb 2011 (see r. 2(b))
Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2014	11 Mar 2014 p. 584-6	r. 1 and 2: 11 Mar 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Mar 2014 (see r. 2(b))
Public Sector Management Regulations Amendment Regulations (No. 2) 2025 Pt. 2	SL 2025/122 25 Jun 2025	1 Jul 2025 (see r. 2(b))

Uncommenced provisions table

To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA Legislation website.

Citation	Published	Commencement
Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025 r. 3‑8	SL 2025/196 10 Dec 2025	1 Jul 2026 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

acting movement 3(1)

agency resolution period 3(1)

appointment pool 3(1)

association 10B(1)

business day 3(1)

claim 3(1)

claimant 3(1)

commencement day 31(1)

conciliation and review officer 3(1)

conciliation process 3(1)

former regulations 31(1)

guidelines 3(1)

minimum period 6(1A)

nominated officer 3(1)

notifiable employment decision 3(1)

organisation 10B(1)

prescribed lodgement period 7(5)

public sector employment standard 3(1)

public sector standard 3(1)

resolution period 31(1)

reviewable decision 3(1)

review process 3(1)

shared appointment pool 3(1)

specified public sector standard 3(1)

transfer 3(1)

vacancy 3(1)

WAIRC 3(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Public Sector Management Act 1994

Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

Western Australia

Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used in these regulations 1
Guidelines 4

5A. Shared appointment pools 4

Part 2 — Claims for relief for breaches of public sector standards

Public sector bodies to give notice of certain reviewable decisions 5
Making claims for relief for breaches of public sector standards 6
Lodging claims with public sector bodies 9
Effect of making claims on proposed appointments and transfers 10
Effect of making claims on proposed selections to appointment pools 12

Part 3 — Procedures for dealing with claims for relief

Division 1 — General

Public sector bodies must attempt to resolve claim 14

10A. Public sector bodies must send certain unresolved claims to Commissioner 15

10B. Public sector body must advise claimants that certain unresolved claims may be referred to WAIRC 15

11A. Commissioner may decide not to deal with a claim 16

Assignment of claims for relief to conciliation and review officers 17
Conciliation and review officers may seek information and documents 18
Commissioner may perform functions of conciliation and review officer 19

Division 2 — Conciliation

Conciliation of claims 19
Conciliation may be repeated 19
Settlement of claims by agreement 19

Division 3 — Review

Review to be carried out if claim not settled by agreement 20
Review procedures 20

Key definitional and structural concepts are defined in reg 3 and drive the entire procedure. A "claim" is a claim for relief under reg 6; a "claimant" is the person who makes that claim. "Reviewable decision" is defined as a decision of an employing authority resulting from the completion of a process to which a public sector standard applies (reg 3). The regulations distinguish "public sector standards" and "public sector employment standards" (reg 3), and exclude standards related to substandard performance or disciplinary matters from the scope of "public sector standard" (reg 3(1): “public sector standard does not include ... substandard performance or disciplinary matters”).

Notifiable employment decision is a central operational concept. It means a reviewable decision in respect of the appointment to fill a vacancy for more than six months (or up to six months if it was advertised as potentially longer or as a pathway to permanent employment), or the appointment to fill a temporary vacancy by way of acting movement where the vacancy was advertised as potentially leading to permanent employment, or selection for inclusion in an appointment pool (reg 3). These definitions determine who must be notified when appointments are made and therefore who has the right to bring a claim (reg 5, reg 6).

The scheme creates two complementary procedural streams: conciliation and review. Conciliation is first, with conciliation and review officers encouraging settlement (regs 14-16). If conciliation fails, a review by the assigned officer is carried out (regs 17-19), after which the officer reports to the Commissioner (reg 19) and the Commissioner makes a determination based on the report and other relevant material (reg 20). The Commissioner can recommend relief or, in certain cases, direct relief (reg 21). Relief, however, is constrained: the Commissioner may not recommend or direct that the claimant be appointed to a position (reg 21(2)); the Commissioner may direct that a specified person not be appointed (reg 21(3)).

The regulatory architecture also distinguishes "specified public sector standard" claims (as defined by the Industrial Relations Act 1979 s 36AI and related provisions). The Commissioner must not deal with a claim that there was a breach of a specified standard (reg 11A(1A)); instead, the claimant, eligible organisations, and associations may refer such claims to the WAIRC within specified timeframes (reg 10B; reg 11A(3)). The regulations also create specific effects on appointments and transfers: lodgement of a claim can block an employing authority from proceeding with an appointment or transfer until certain events occur (reg 8), and may constrain use of appointment pools (reg 9).

Procedural timing and record obligations are central: the "agency resolution period" requires the public sector body to attempt to resolve a lodged claim within 21 days (reg 10(1)), and prescribed lodgement periods govern when claims must be lodged depending on the type of decision (reg 7(5)). The Commissioner has discretion to extend lodgement periods and to decide not to deal with certain claims if they are vexatious, frivolous, outside jurisdiction, merely about competitive merit, or already adequately dealt with (reg 11A). The Commissioner and conciliation officers have information‑gathering powers to request documents and compel compliance with those requests (reg 12).

Finally, the regulations provide transparency and enforcement levers beyond remedial directions: the employing authority must provide information about standards to employees (reg 28), remuneration and terms for conciliation officers are a matter for the Commissioner (reg 29), and the Commissioner may report non‑compliance to Ministers and Parliament (reg 30). Transitional rules (reg 31) govern how amendments interact with claims made before certain commencement days.

Primary affected parties

Claimants: persons who apply for appointments, transfers, acting movements or appointment pool selections and who consider they have been adversely affected by an alleged breach of a public sector standard (reg 6(1)-(3)). The regulations limit who may bring claims in respect of public sector employment standards to specified categories: unsuccessful applicants for minimum‑period vacancies (including acting movement positions advertised as minimum periods) (reg 6(3)(a)-(c)), applicants for transfer (reg 6(3)(d)) and persons being transferred (reg 6(3)(e)). There are exclusions (reg 6(3A)-(3C)) which narrow standing in certain circumstances, for example when transfer applications could have been made by other means.
Public sector bodies and employing authorities: required to give written notice after certain reviewable decisions (reg 5), to attempt to resolve claims internally within 21 days (reg 10), to keep records of their attempts (reg 10(3)), to send unresolved claims and relevant documents to the Commissioner (reg 10A), and to respond in writing to Commissioner recommendations within 10 business days (reg 22). Employing authorities are prevented from proceeding with certain appointments or transfers while a claim is active unless exceptions apply (reg 8).

Secondary affected parties

Conciliation and review officers: appointed under s 97(1)(b) of the Public Sector Management Act 1994 and assigned claims by the Commissioner (reg 11). They conduct conciliation, carry out reviews and report to the Commissioner (regs 14-19). Their functions include requesting documents (reg 12) and preparing reports (reg 19).
The Commissioner: exercises supervisory and adjudicative functions under these regulations. The Commissioner can assign claims (reg 11), perform officer functions (reg 13), decline to deal with certain claims (reg 11A), make determinations and recommendations (reg 20), give directions (reg 21(2A)), and report non‑compliance to Ministers and Parliament (reg 30).
WAIRC and registered organisations: claims that concern "specified public sector standards" cannot be dealt with by the Commissioner (reg 11A(1A)). For those, claimants and eligible organisations or associations may refer claims to the WAIRC under the Industrial Relations Act 1979 (reg 10B; reg 11A(3)). Registered organisations and associations are given explicit notification rights about referral timelines (reg 10B(3)).

Tertiary consequences

Candidates on appointment pools: selection to a pool and appointments from that pool are affected by claims (reg 9). An employing authority may still make selections despite claims, but making an appointment from the pool while a claim related to pool selection remains unresolved is curtailed unless specific conditions are met (reg 9).
Managers and HR officers: required to ensure information about standards and the regulatory scheme is available to employees (reg 28) and to allocate a person not involved in the original decision to handle any internal attempt at resolution (reg 10(2)(a)).

Who pays and who decides

Costs for conducting the processes (administrative, staffing, record‑keeping) fall on the public sector bodies and on the Commissioner’s office. There are no monetary penalties in the regulations; enforcement is procedural (prevention of appointments, directions, reporting) (regs 8, 21, 30). The employing authority decides on appointments and transfers subject to blocking effects of active claims (reg 8) and must notify the Commissioner of its intended response to a Commissioner recommendation (reg 22). The Commissioner decides whether to accept, refer, recommend or direct relief and may decline to deal with claims (reg 11A, reg 20-21).

Notice duties

Employing authorities must give written notice of certain reviewable decisions. If the decision results from a process to which a public sector standard for grievance resolution applies, notice must be given to the person whose grievance led to the decision and to each person who was the subject of the grievance (reg 5(1)). For notifiable employment decisions, notice must be given to any person who applied unsuccessfully for the vacancy (reg 5(2)), and for selection to appointment pools, an unsuccessful applicant must be notified (reg 5(3A)). Notices must tell recipients they may make a claim, how to do so, the last date for lodging a claim with the public sector body and anything required by the guidelines (reg 5(3)).

Claimant rights and limits

Subject to standing rules in reg 6, a person who is adversely affected by a breach of a public sector standard may make a written claim setting out the grounds (reg 6(1)-(2)). Standing for public sector employment standards is restricted to particular applicant categories (reg 6(3)). The Commissioner may, on application, permit claims otherwise than in respect of a reviewable decision if satisfied there are reasonable grounds and gives written approval (reg 6(4)-(5)).
Time to lodge: claims in respect of reviewable decisions must be lodged within prescribed lodgement periods defined in reg 7(5). These vary by type of decision: notifiable employment decisions must be lodged within a period of not less than 4 business days specified in the notice (reg 7(5)(a)); certain grievance‑based reviewable decisions have 10 business days (reg 7(5)(b)); other reviewable decisions are 10 business days after awareness or 30 business days after decision, whichever expires first (reg 7(5)(c)). The Commissioner can approve late lodgement if reasonable grounds are shown (reg 7(2)).

Employing authority duties during claim handling

Internal resolution attempt: on lodging, the public sector body must attempt to resolve the claim within 21 days and take specific steps: allocate an officer not involved in the original decision, discuss the claim, provide information about resolution options, assess and discuss assessment, and notify the claimant of referral options if unresolved (reg 10(1)-(2)). Records of compliance and reasons for non‑compliance must be kept (reg 10(3)).
Where claims remain unresolved for eligible categories, the public sector body must send the claim and relevant documents to the Commissioner and notify the claimant that it has been sent (reg 10A(2)).

Effect on appointments, transfers and pool selections

Lodgement of a claim can prevent an employing authority from making an appointment or giving effect to a transfer where the claim relates to that proposed appointment or transfer (reg 8(1)). The blocking effect ceases if the claim is resolved within the agency resolution period, settled in conciliation, the Commissioner issues notice under reg 21, the claimant withdraws, or the claim lapses, but different processes and timelines apply for specified public sector standard claims (reg 8(2), (2A)-(3)). For selection to appointment pools, employing authorities may make selections despite claims (reg 9(1)(c)), but appointment from the pool to fill a vacancy may be limited subject to reg 8 exceptions or Commissioner approval (reg 9(1)(d), (2)-(3)).

Powers of conciliation and review officers and Commissioner

Conciliation and review officers may request relevant documents and information from either party and require compliance (reg 12(1)-(2)). They must encourage settlement (reg 14) and, if conciliation fails, conduct a review by taking submissions, interviewing relevant people and considering documents (reg 18). Officers must report in a prescribed form to the Commissioner (reg 19).
The Commissioner may decline to deal with or stop dealing with a claim for enumerated reasons (reg 11A(1)), and must not deal with claims about specified public sector standards (reg 11A(1A)). On receiving the officer’s report the Commissioner determines whether a breach occurred and either recommends or directs relief, or dismisses the claim (reg 20). Notices of determination must set out reasons and recommended or directed relief (reg 21(1)). The Commissioner may make a direction if the employing authority does not follow a recommendation within the specified period (reg 21(2A)).

Restrictions on relief and representation

The Commissioner cannot recommend or direct that the claimant be appointed, although the Commissioner may direct that a specified person not be appointed (reg 21(2)-(3)). Representation during conciliation and review is restricted: claimants are not entitled to be represented unless the officer decides representation is necessary for effective proceedings; public sector bodies are generally represented by a nominated officer (reg 27(1)-(2)). Claimants may be accompanied by a support person and nominated officers may be accompanied by someone who can assist (reg 27(3)-(4)).

Reporting and publication

If a public sector body does not comply with a Commissioner direction, or otherwise fails to comply with these regulations, the Commissioner may report the facts to the employing authority and the Minister and may lay a copy of the report before Parliament (reg 30).

Nature of enforcement

The regulations do not create criminal offences or monetary penalties. Enforcement is procedural and administrative. Primary enforcement levers are: suspension of appointments/transfers while a claim is live (reg 8), Commissioner recommendations and directions requiring relief to be given or specifying persons not to be appointed (reg 21), and reporting to Ministers and Parliament for non‑compliance (reg 30). The Commissioner also has gatekeeping powers to refuse to deal with claims that are vexatious, outside jurisdiction, frivolous or handled elsewhere (reg 11A(1)(a)-(c)).

Blocking effect as an enforcement tool

The immediate practical enforcement mechanism is the prohibition on making an appointment or giving effect to a transfer once a claim is lodged with the public sector body and relates to that proposed appointment or transfer (reg 8(1)). This creates a de facto injunction effect: while the claim proceeds the employing authority cannot complete the appointment or transfer unless an exception applies (reg 8(2), (2A)-(3)). For specified public sector standard claims, the blocking effect ceases if the claim is referred to the WAIRC under the Industrial Relations Act 1979 s 29(1)(l), or if that referral is not made within 28 days after the end of the agency resolution period (reg 8(2A)).

Commissioner directions and supervisory measures

The Commissioner may recommend relief in a determination and, if the employing authority does not follow the recommendation within the stated period or proposes inappropriate action under reg 22(1)(b) or (c), the Commissioner may direct that the claimant be given the specified relief within a period (reg 21(2A)). The Commissioner cannot, however, order the appointment of the claimant or another person; the statutory cap is that the Commissioner may direct that a specified person is not to be appointed (reg 21(2)-(3)).
If a public sector body fails to comply with a Commissioner direction or with any of these regulations, the Commissioner may produce a written report to the employing authority and the Minister and may lay it before Parliament (reg 30). The statutory power to report to Parliament can function as a reputational enforcement tool affecting the employing authority or Minister.

Referral to WAIRC for specified standards

For claims concerning a "specified public sector standard" (as defined in the Industrial Relations Act 1979), the Commissioner must not deal with the claim (reg 11A(1A)), and the claimant, or eligible organisations/associations, may refer the claim to the WAIRC under Industrial Relations Act s 29(1)(l) (reg 10B). Referral to the WAIRC removes the Commissioner’s procedural jurisdiction and shifts the enforcement route to the industrial relations tribunal. The timelines for referral are set out in reg 8(2A) and reg 10B(3).

Administrative non‑participation and lapse

The Commissioner may issue a notice that a claim will lapse if a claimant fails to participate appropriately after being requested (reg 24(1)-(3)). Lapsed or withdrawn claims cannot be pursued under these regulations (reg 25). Thus, administrative non‑participation by the claimant terminates the procedural route.

Limits on remedies

The regulations restrict available remedies: appointment of the claimant cannot be recommended or directed (reg 21(2)). That limit narrows the scope of remedial relief compared with, for example, an order requiring reinstatement. The Commissioner can, however, direct that a specified person not be appointed (reg 21(3)), and can recommend other relief specified in the notice (reg 21(1)(a)(i)).

No express judicial review clause

There is no express provision in the regulations about judicial review of Commissioner determinations or conciliation officer conduct. The normal administrative law pathways available under general law will remain available, but the regulations themselves focus on administrative remedies and internal/external adjudicative referral to the WAIRC for certain claims.

Primary statutory cross‑references

Public Sector Management Act 1994: The regulations operate under the Act. Several functions and appointments referenced in the regulations are tied into the Act. For example, conciliation and review officers are persons appointed under s 97(1)(b) of the Act and the Commissioner’s power to issue public sector employment standards comes from s 21 of the Act (reg 3, reg 11). The Commissioner’s monitoring, compliance and direction powers draw on the Act’s institutional framework (regs 13, 20-21, 30).
Industrial Relations Act 1979: The regulations rely on the Industrial Relations Act for the concept of a specified public sector standard (reg 3) and define WAIRC as per s 7(1) of the Industrial Relations Act (reg 3). Claims alleging a breach of a specified public sector standard cannot be dealt with by the Commissioner (reg 11A(1A)). Instead, the claimant, eligible organisation or association may refer these claims to the WAIRC under the Industrial Relations Act s 29(1)(l) (reg 10B). The transitional provisions reference the Industrial Relations Legislation Amendment Act 2024 (reg 31).

Secondary instruments and carve‑outs

Public Sector Management (Redeployment and Redundancy) Regulations 2014: Several exclusions from standing and from the scope of reg 8 are explicitly carved out, for example the transfer of an employee under redeployment and redundancy regulation 10(1) (reg 6(3B)(a); reg 8(4)(a)).
Commissioner’s instructions and guidelines: The public sector employment standards are established by the Commissioner’s instructions under s 21(1)(a)(i) or (ii) of the Act and are referenced repeatedly (reg 3). The Commissioner may issue guidelines under reg 4 to govern forms, reporting, and the conduct of conciliation and review processes; those guidelines must not be inconsistent with the Act or the regulations (reg 4). The conciliation and review officer must have regard to the guidelines when conciliating or reviewing (regs 14, 18).

Procedural interaction and jurisdictional boundaries

The regulations establish a mixed jurisdictional model: where claims relate to specified public sector standards the tribunal route via WAIRC is the appropriate channel; for other public sector standards the Commissioner and conciliation/review officers exercise procedure and make determinations (reg 11A(1A); reg 10B). This creates a bifurcated system with potential overlap only insofar as a particular claim might raise issues of public sector standards and specified public sector standards; in such cases reg 11A empowers the Commissioner to decline jurisdiction and inform the sending entity that the claim may be referred to the WAIRC (reg 11A(3)).

Temporal transition rules

Reg 31 contains transitional provisions dealing with the effect of amendments made by the Public Sector Management Regulations Amendment Regulations (No. 2) 2025 and the Industrial Relations Legislation Amendment Act 2024. It preserves operation of the former regulations for certain claims in flight at specified commencement days and specifies how resolution periods and the sending of claims to the Commissioner are to be treated (reg 31). These transitional clauses control the temporal application of amendments and protect procedural fairness for claims made before the amendments come into force.

Practical interplays to note

Because the Commissioner may report non‑compliance to Parliament (reg 30), the scheme interacts with political and ministerial accountability mechanisms under the Act. Also, referral of matters to the WAIRC invokes the procedures, remedies and jurisdictional rules of the Industrial Relations Act 1979. HR managers must therefore track both regulatory regimes and their respective timeframes and remedies to manage risks effectively.

Compilation entries in the instrument itself list the principal amendments. The regulations were made in 2005 and commenced 1 September 2005 (regs 1-2). The compilation table at the end records the following amendments and key dates:

2008 amendments: Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2008, published 28 October 2008, with most provisions commencing 1 November 2008 (compilation table).
2011 amendments: Amendment Regulations 2011, published 11 February 2011; most provisions commenced 21 February 2011. These inserted the shared appointment pool provisions (reg 5A) and created changes to definitions and processes (see annotations at reg 3, reg 5, reg 6, etc.) and some deletions (e.g., reg 8A deleted).
2014 amendments: Amendment Regulations 2014, published 11 March 2014, most commencing 12 March 2014. These amended, among other items, the Commissioner's determination procedures (see reg 20 and reg 21 amendments).
2025 amendments and regulations: The Public Sector Management Regulations Amendment Regulations (No. 2) 2025 (SL 2025/122) made a set of amendments with effect on 1 July 2025 (compilation). These amendments inserted new provisions including reg 10 (agency resolution period obligations) and regs 10A, 10B, 11A, 31 and other changes reflected by SL 2025/122 r. 8-17, altering referral, Commissioner functions, and transitional processes. The text contains annotations of changes to many regulations indicating SL 2025/122 as the amending instrument (e.g., reg 3 amended SL 2025/122 r. 4; reg 10 inserted SL 2025/122 r. 8).
Uncommenced provisions: The uncommenced provisions table notes that parts of the Amendment Regulations (No. 2) 2025 (r. 3‑8) are published in SL 2025/196 and will commence on 1 July 2026. The instrument warns users to check the WA Legislation website for as‑made subsidiary legislation for text of uncommenced provisions.

How the amendments change mechanics

The 2011 and 2014 changes adjusted notice, referral and procedural elements (e.g., shared appointment pools in reg 5A, reporting obligations, and clarifying the Commissioner’s inability to deal with specified standard claims). The SL 2025/122 amendments notably inserted the 21‑day agency resolution period obligations on public sector bodies (reg 10), mandatory transmission of unresolved claims to the Commissioner for non‑specified claims (reg 10A), and explicit notice requirements about WAIRC referral rights for specified standard claims (reg 10B). Reg 11A was inserted to codify Commissioner discretion to decline to deal with claims for stated reasons (SL 2025/122 r. 9). Reg 31 governs transition for claims made before the commencement of amendments.

Documentation and timings for practitioners

The compilation table and uncommenced provisions table at the end of the statutory text are the authoritative record of amendment provenance. Practitioners should consult the as‑made versions listed (SL numbers and Gazette dates) and monitor the WA Legislation website for any further commencements or amending instruments. The regulations carry active amendment notes in the body (e.g., "Regulation X amended: SL 2025/122 r. Y"), which should be read in conjunction with the Gazette entries.

The statutory text supplied contains no case citations, reported decisions, or references to litigation outcomes. It names only institutional actors (Commissioner, conciliation and review officers, WAIRC) and cross‑references the Industrial Relations Act 1979 and the Public Sector Management Act 1994, but it does not record any judicial or tribunal decisions interpreting these regulations.

What the source shows and what it does not

The regulations themselves do not include a schedule of case law or annotated decisions. The document’s compilation table records amending instruments but not judicial review outcomes. For an authoritative litigation history, users must search tribunal and court databases (WAIRC decisions, Western Australian courts, Administrative Appeals Tribunal if relevant, and reported decisions) for matters citing these regulations, the Public Sector Management Act, or the Industrial Relations Act 1979 provisions referenced. The regulations’ text and the compilation table do not substitute for that caselaw search.

Practical implication

Because the regulations constrain remedies (for example the Commissioner cannot order appointment of the claimant) and set out specific procedural pathways (Commissioner vs WAIRC), litigation and tribunal decisions will be important to determine how broadly the Commissioner’s discretion and the blocking effects on appointments are applied in practice. Absence of litigation references in the source means that practitioners must treat the statutory mechanics as the baseline and look to external case law for interpretive nuance.

Standing and strict categories for claims

Standing is narrow for public sector employment standards. Reg 6(3) sets out limited categories of applicants who may bring claims (unsuccessful applicants for minimum‑period vacancies, acting movement applicants for minimum‑period temporary vacancies, unsuccessful appointment pool candidates, applicants for transfer, and employees being transferred). Several exclusions are technical , for example, reg 6(3A) excludes a person from bringing a transfer claim if, when they applied to fill a vacancy by way of transfer, they could have applied to fill the vacancy other than by transfer. Reg 6(3B) excludes many kinds of transfers (redeployment, disposition by Commissioner, change from fixed term to permanent in accordance with instruction, transfers for poor performance or disciplinary action). Practitioners must check these tests before lodging claims; miscasting standing will likely result in the Commissioner refusing to deal with the matter (reg 11A).

Timing traps

Multiple timelines exist and vary by claim type. Notifiable employment decisions require a prescribed lodgement period of not less than 4 business days as specified in the notice (reg 7(5)(a)); grievance‑based reviewable decisions have 10 business days for lodgement after notice under reg 5(1) (reg 7(5)(b)); other reviewable decisions have a hybrid 10 business days from awareness or 30 business days from decision (reg 7(5)(c)). The Commissioner can grant extensions for late lodgement only on application and if satisfied there are reasonable grounds (reg 7(2)). Missing the lodgement period without seeking approval is fatal to the statutory claim route.

Blocking effect on appointments and transfers

Lodging a claim may prevent an employing authority from making an appointment or giving effect to a transfer (reg 8(1)), which can be used strategically. But that blocking effect can be lifted by several events (resolution during the agency period, conciliation settlement, Commissioner notice, withdrawal, lapse) or overridden by Commissioner approval if the employing authority provides written reasons (reg 8(2)-(3)). For specified public sector standard claims, the blocking effect ceases if referred to the WAIRC or not referred within the 28‑day deadline after the agency resolution period (reg 8(2A)). Practitioners should advise clients that initiating a claim can delay an appointment but does not guarantee the claimant will obtain appointment, and the Commissioner cannot order appointment (reg 21(2)).

Limited remedies

The Commissioner lacks power to order that the claimant be appointed (reg 21(2)). Remedies are therefore more likely to be directions to remedy procedural defects, other forms of relief, or orders that prevent someone else’s appointment (reg 21(3)). Parties seeking reinstatement or selection may not obtain the exact substantive outcome they seek under these regulations.

Confidentiality and evidentiary limits in review

The conciliation and review officer must not have regard to matters said or documents provided confidentially for conciliation (reg 18(2)). Parties must therefore be careful about what they disclose during conciliation versus what remains available for review. Something disclosed as part of settlement discussions may be barred from consideration in the later review stage, which can create evidentiary trade‑offs.

Commissioner discretion and deference

The Commissioner may decide not to deal with a claim for several reasons including that it is "solely about the competitive merit of the claimant" (reg 11A(1)(d)). That phrase is not defined in the regulations and may be applied broadly. Practitioners should anticipate that the Commissioner will exercise gatekeeping discretion and frame claims to avoid dismissal on such grounds.

Interaction with WAIRC

For specified public sector standard claims, the WAIRC route is the prescribed alternative. Reg 10B requires public sector bodies to notify claimants that the claimant, eligible organisations, or associations may refer the claim to WAIRC within 28 days after the resolution period (reg 10B(3)). Failure to advise properly or to refer within timeframes may alter strategic options. Also, referral to WAIRC removes the Commissioner’s jurisdiction (reg 11A(1A)), so selecting the right forum is material.

Administrative burdens on agencies

Reg 10 imposes a 21‑day agency resolution period with specific steps and record‑keeping obligations (reg 10(2)-(3)). Agencies that fail to document their compliance may expose themselves to criticism in the officer’s report under reg 19(c), and potentially a Commissioner report under reg 30. The new obligations increase HR workload and documentation costs.

Withdrawal and lapse consequences

Claims can be withdrawn (reg 23) or lapse for failure to participate (reg 24). Withdrawal terminates the regulatory process and may remove the blocking effect on appointments; lapse occurs after a 5 business day warning period (reg 24(2)-(3)). Parties should consider the consequences of strategic withdrawal or non‑participation for future challenges.

Shared appointment pools complexity

Where appointment pools are shared, the employing authorities must designate in writing which public sector body is responsible for dealing with claims and compliance with notice requirements (reg 5A(1)). Notices must specify the responsible body (reg 5A(2)). Practitioners dealing with shared pools must confirm responsibility and ensure notices and claims are sent to the correct entity.

Practical checklist for public sector bodies (employing authorities and HR managers)

Notices on decision‑making
- After making a notifiable employment decision or a reviewable decision arising from a grievance process, issue written notices required by reg 5. Ensure notices state (a) the right to make a claim, (b) how to make it, (c) the deadline for lodging with the public sector body, and (d) any items required by the guidelines (reg 5(3)). For shared appointment pools, state the designated responsible body (reg 5A(2)).
Time limits and lodgements
- Implement systems to ensure prescribed lodgement periods are communicated and tracked. For notifiable employment decisions, specify a lodgement period of at least 4 business days in the notice (reg 7(5)(a)). For other decisions, track awareness and the 10/30 business day hybrid in reg 7(5)(b)-(c).
Agency resolution period procedures (21 days)
- On receipt of a claim, allocate an officer who was not involved in the original decision to handle the claim; notify the claimant; discuss and assess the claim; give information about resolution options; and, if unresolved, notify the claimant of referral paths to Commissioner or WAIRC (reg 10(1)-(2)). Keep written records demonstrating each step and reasons for any non‑compliance (reg 10(3)).
Sending unresolved claims
- For non‑specified standard claims not resolved within the agency resolution period, send the claim, claimant contact details, nominated officer contact details, and any relevant documents to the Commissioner and notify the claimant that the claim has been sent (reg 10A(2)). Ensure documents required by the guidelines are included.
Advice on WAIRC referral rights
- If the claim concerns a specified public sector standard and is unresolved at the end of the agency resolution period, give written notice to the claimant that they, eligible organisations, or associations may refer the claim to WAIRC within the specified 28‑day period (reg 10B(3)). Maintain proof of such notification.
Handling blocked appointments/transfers
- When a claim is lodged that relates to a proposed appointment or transfer, do not proceed if reg 8(1) applies. If you wish to proceed despite a claim, prepare a written submission setting out reasons and seek Commissioner approval under reg 8(3). Track whether the claim is resolved, settled, withdrawn, referred to WAIRC within the relevant period, or lapses (reg 8(2), (2A)).
Participation in conciliation and review
- Cooperate with conciliation and review officers. Comply with requests for documents and information (reg 12). Ensure nominated officers are prepared to participate and that any representation beyond the nominated officer is approved by the officer only if necessary (reg 27).
Responding to Commissioner recommendations
- If the Commissioner recommends relief, provide written notice within 10 business days to the Commissioner and the claimant stating whether you will give the recommended relief, alternative relief, or no relief, and provide reasons if not following recommendation (reg 22(1)-(2)). If relief is given, notify the Commissioner within 10 business days after the claimant receives the relief (reg 22(3)). Prepare for the possibility of a Commissioner direction if the recommendation is not followed (reg 21(2A)).

Practical checklist for potential claimants and their advisors

Confirm standing before lodging
- Check reg 6 carefully to confirm you are an eligible claimant under the categories listed. If you are outside those categories, you must apply for Commissioner approval under reg 6(4), and obtain written approval for claims otherwise than in respect of a reviewable decision (reg 6(4)-(5)).
Monitor notice timeframes
- If you receive a notice under reg 5(2) or (3A), note the lodgement period specified in the notice for notifiable employment decisions (reg 7(5)(a)). For other decisions, check whether the 10 business day or hybrid 10/30 business day period applies (reg 7(5)(b)-(c)). Apply for extension promptly if you may be late (reg 7(2)).
Lodge clear written claims
- Claims must be in writing and specify grounds for the alleged breach (reg 6(2)). Make the claim early and include all relevant facts and documents; conciliation and review officers may request further documentation (reg 12).
Participate in agency resolution
- Expect the public sector body to attempt to resolve the claim within 21 days (reg 10). Engage constructively, provide requested information and avoid behaviour that could trigger dismissal or lapse under reg 11A or reg 24 for failure to participate.
Consider forum for specified public sector standards
- If your claim concerns a specified public sector standard, the Commissioner must not deal with it (reg 11A(1A)). Be ready to refer to the WAIRC or seek assistance from an eligible registered organisation or association that can make the referral (reg 10B(3)).
Manage expectations on remedies
- The Commissioner cannot order your appointment (reg 21(2)). If your claim seeks selection or appointment, consider alternative remedies such as declarations, processes to re‑advertise, or orders preventing particular appointments (reg 21(3)). Seek legal advice about potential tribunal remedies through the WAIRC if your matter is a specified standard.
Be mindful of confidentiality in conciliation
- Material disclosed confidentially for conciliation may be excluded from the subsequent review (reg 18(2)). Decide whether to preserve certain evidence for review rather than for settlement discussions.

Record keeping, templates and training

Public sector bodies should adopt standard templates for reg 5 notices, records for the 21‑day agency resolution steps, forms for sending claims to the Commissioner (reg 10A), and reg 22 response templates for Commissioner recommendations. Training for HR and nominated officers on these templates and on the distinctions between specified and non‑specified public sector standards will reduce procedural risk.

Monitoring amendment and judicial developments

Because the regulations have been recently amended and contain uncommenced provisions (compilation and uncommenced provisions table), maintain a standing process to review the WA Legislation site and Gazette notices. Also monitor WAIRC and court decisions for interpretive developments not reflected in the statutory text.

Contact points and escalation

Where ambiguity exists about whether a claim is a specified public sector standard, early engagement with the Commissioner’s office or seeking legal advice is prudent. If the public sector body refuses to send an unresolved claim to the Commissioner when required, record that refusal and consider advising the claimant of alternative routes (reg 10A and reg 11A obligations).

This compliance plan maps statutory obligations into operational tasks and record templates. Practitioners should customise it to specific agency processes and ensure that legal advice is sought for borderline standing issues and for strategy on forum selection where specified standards may be implicated.

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