The Public Sector Commissioner decides if the Recruitment Standard has been breached by considering the report and other relevant information.
When no breach is found
The Commissioner writes to you and the agency to inform you of the decision to finalise your claim and the reasons why. The Commissioner may also raise any identified issues and/or improvement opportunities with the agency. This finalises the claim.
When a breach is found
The Commissioner writes to you and the agency to inform you of the breach finding and the reasons for the finding. The Commissioner also recommends or directs what remedy, if any, is to be taken by the agency.
Remedies recommended or directed for the agency
The remedy recommended or directed varies depending on the circumstances of your claim. The Commissioner considers any remedy proposed by you and the agency.
A remedy may include:
- recommencing the recruitment process from the start or from the point where the breach occurred
- changes to the agency’s policies or practices to minimise breach claims in the future.
If a remedy is directed, the Commissioner specifies the deadline for it to be actioned.
The Commissioner cannot recommend that you are better than another applicant or be appointed to a position, but can direct that a specific person is not appointed.
Reporting the matter to the relevant minister or Parliament
This may occur if an agency:
- does not give the remedy directed by the Commissioner
- has repeatedly not complied with the regulations.
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