Who can lodge a claim?
You can make a claim if you believe you have been adversely affected by an agency’s decision that relates to one of the Public Sector Standards in Human Resource Management that can be reviewed (all standards except Discipline).
Before making a claim, you should ask the agency for information about how and why the decision was made. This information may help you understand the process and reasons for the agency’s decision.
How do you lodge a claim?
You must lodge a claim in writing to the agency that made the decision.
Your claim needs to include:
- the standard you believe has been breached
- how you believe that standard has been breached
- the remedy you are seeking.
You can use the breach of standard claim form.
What are the timeframes to lodge a claim?
| Type of decision | Timeframes |
|---|---|
| Notification under the Employment Standard | Agencies must provide a minimum of 4 working days for a claim to be made after you have been notified of a decision. |
| Notification under the Grievance Resolution Standard | Agencies must provide 10 working days for a claim to be made after you have been notified of a decision. |
| All other reviewable decisions the standards apply to | Agencies must provide 10 working days for a claim to be made after you become aware of a decision or 30 working days after the decision is made (whichever period expires first). |
Can late or early claims be accepted?
If you want to lodge a claim after the prescribed period or before a decision is made you must apply in writing to the Public Sector Commissioner by emailing Compliance@psc.wa.gov.au.
To approve your request the Commissioner must be satisfied there are reasonable grounds. You need to explain in your email why you believe your claim should be accepted. Generally, the Commissioner provides the agency with an opportunity to comment before making a decision.
You are notified in writing of the Commissioner’s decision. If your late or early lodgement of a claim is approved, you are provided with the date by which you must lodge your claim with the agency.
What happens next?
After receiving your claim, the agency must make reasonable attempts to resolve it with you. This includes allocating a suitable person to deal with the claim, discussing the claim with you, providing you relevant information, assessing the claim and discussing the assessment with you.
If your claim cannot be resolved within 21 calendar days, the agency must notify you of the process for referring the claim to the Western Australian Industrial Relations Commission or Public Sector Commission.
- You or your union may refer unresolved claims about certain standards – the Employment Standard relating to transfer only, Performance Management Standard, Redeployment Standard, Grievance Resolution Standard and Termination Standard – to the WAIRC.
- If a claim about recruitment, selection, appointment, acting or secondment (that is, all Employment Standard claims except transfer), agencies must refer the claim to the Public Sector Commission. Find out more about the Commission's conciliation, review and determination process.
Can I withdraw a claim?
You can withdraw your claim at any time during the process using this form.
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