Agencies must:
- decide if the claimant is eligible to make a claim and, if unsure, email the Public Sector Commission for advice – agencysupport@psc.wa.gov.au
- decide if the claim has been made in the required timeframe
- make sure the necessary information has been submitted including the grounds on which it is claimed the Standard has been breached and seek further information from the claimant if needed.
Activities delayed by a claim
If a claim relating to the Recruitment or Transfer Standard is eligible, appointment to a vacancy or transfer cannot proceed until the claim is finalised.
If a claim concerns a recruitment pool, the agency may make selections but can only appoint someone from the pool if:
- another vacancy is available (if a breach is found and the claimant is subsequently found suitable and recommended for appointment, a position must be available for them to be appointed to)
- the Commissioner approves the agency’s request to proceed with an appointment.
As the Commissioner can direct that a person is not appointed, agencies should consult the Commission before selecting from the recruitment pool.
If an agency seeks to proceed with an appointment to a vacancy or a transfer (in circumstances where a claim has not been referred to the WAIRC, the agency must make a written request to the Commissioner outlining the reasons why the proposed appointment or transfer should be approved. Approval is at the Commissioner’s discretion.
If a claim relating to a transfer has been referred to the WAIRC and the agency wishes to proceed with the transfer, the agency must make a written submission to the WAIRC seeking an interim order to give effect to the transfer. The WAIRC has the discretion to make such an order.
For all other standards, an agency can choose to proceed with the relevant actions despite a claim being made.
Requirements for agency resolution of claims
Under the regulations, agencies must make all reasonable efforts to:
- appoint a person (being an agency employee, an employee of another agency or a contractor) who was not involved in the original process that led to the claim to deal with the claim
- discuss the claim with the claimant and provide information to support them to understand how the agency will try and resolve their claim including options for resolution
- assess the claim
- discuss the outcome of the assessment with the claimant as soon as practicable after completing the assessment.
Appoint a person to deal with the claim
In finding someone who was not involved in the original process or decision to assess and resolve the claim, agencies should consider:
allocating responsibility to a designated team
setting up a panel of staff who can be drawn from
establishing arrangements with other agencies to share staff to deal with claims using external expertise.
There may be situations, such as to ensure timeliness and availability of expertise, where responsibility for resolving a claim is allocated to a person who had an administrative, but not decision making, role in the original process.
Any decision to do so should be documented with any actual or potential conflicts of interest identified and appropriately managed.
Agencies should avoid allocating responsibility for claim resolution to someone who was directly involved in the original decision.
Discuss the claim with the claimant
This involves agencies contacting the claimant as soon as possible to:
- provide information about the resolution process and available options
- ensure the agency fully understands the matters raised, including matters relevant to the claim that were not included in the written claim, as well as the claimant’s preferred resolution
- request further information, where required, to clarify the claim
- provide the claimant with an opportunity to ask questions about the claim process.
Assess the claim
In assessing whether the process or decision the claim relates to breaches the relevant standard, the person dealing with the claim:
- gathers and considers relevant records*
- reviews relevant policies and procedures
- seeks further information from individuals involved in the process or decision
- considers any additional relevant information provided by the claimant.
* For example, where a claim alleges a breach of the Recruitment Standard, relevant records may include the position description, job advertisement, selection report, shortlisting and selection records, conflict of interest declarations and emails between panel members and approval documentation.
Discuss the assessment outcome with the claimant
Agencies can discuss their assessment with claimants either in writing or by talking with them. If it’s explained verbally, a written record of what was discussed should still be kept.
The explanation should include a summary of the key things the agency looked at when making its assessment decision.
Actions that may resolve a claim
Agencies can suggest ways to resolve claims even if they think the standard was met.
Agencies decide what action, if any, is appropriate based on their assessment and consideration of the outcome the claimant is seeking.
Examples of actions include:
- starting the process again (in whole or part) and making sure it meets the standard and agency policies and procedures
- reviewing policies, procedures or practices if broader issues are identified, including providing guidance or training to staff
- apologising to the claimant
- giving the claimant more information to addresses the concerns they raised.
Any proposed actions should be shared with the claimant and their response genuinely considered.
How claims are resolved or withdrawn
A claim is resolved when the claimant is satisfied with the agency’s assessment and proposed actions.
Agencies should check with the claimant to confirm the claim has been resolved and keep a record of this.
A claimant can withdraw their claim at any time during the resolution process by giving written notice to the agency, even if the claim is not resolved by agreement.
If the claim relates to the Recruitment Standard, the claimant can give written notice of withdrawal either to the Public Sector Commissioner or the agency, depending on where the claim is in the resolution process.
Claims that are resolved or withdrawn are not referred to the Public Sector Commission or the WAIRC.
When a claim cannot be resolved by the agency
If a claim has not been resolved within 21 calendar days, agencies must attempt to let the claimant know what happens next.
This is one of the following:
- For claims about the Transfer, Performance Management, Redeployment, Grievance Resolution or Termination Standards, the claimant or their union can refer the claim to the Western Australian Industrial Relations Commission.
- For claims about the Recruitment Standard, the agency refers the claim to the Public Sector Commission.
The agency can give this information verbally or in writing and should keep a record of what was communicated.
Situations where agencies may not meet one of the agency resolution requirements
Agencies must try to meet all the requirements within 21 calendar days. However, this may depend on things like how complex the claim is, the resources available and how quickly the claimant responds.
In some cases, even when agencies make reasonable efforts, they may not be able to meet all requirements.
For example:
- the claimant does not respond to the agency’s attempts to contact them
- the agency cannot find someone who was not involved in the original process or decision to manage the claim.
Where it is not possible to meet all requirements, any elements that can be completed must still be finalised within 21 days.
Records agencies need to keep
Agencies should keep records of all information related to trying to resolve a claim including:
- the claim itself and any new issues raised by the claimant during the process
- documents from the original process or decision
- the assessment and its outcome
- any decisions made to try to resolve the claim
- discussion with the claimant about the assessment outcome and any proposed actions
- all contact with the claimant and what was discussed
- all attempts to contact the claimant (including dates, time, file notes, emails, letters, meeting requests and similar)
- carefully review the process when a claim is made and fix any issues that are identified.
Agencies should also make sure selection panel members understand their roles and responsibilities including the importance of keeping clear records – especially when identifying, assessing, managing and documenting conflicts of interest
Print this page
