Section 1 - Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 - Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 | Zoe
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Division 5 — Withdrawn and lapsed claims
Withdrawn claims 24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No further action to be taken for withdrawn or lapsed claims 25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;
or
(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;
or
(c) the selection of a person to form part of an appointment pool;
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);
(c) a person who —
(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
(c) the claim is the subject of notice given by the Commissioner under regulation 21; 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;
(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.
[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 —
(c) may make the selections despite the claim having been made; but
(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;
(c) an association that represents 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
(c) any part of the conciliation process or any part of the review process.
(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
(c) not to give any relief to the claimant.
(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 —
(c) may give a written report setting out the facts and circumstances that gave rise to that determination to —
(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.]
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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.]
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.