Who can make a claim
If you believe you have been adversely affected by a public sector agency not meeting the Public Sector Standards in Human Resource Management, you may be able to make a claim.
Before making a claim, you should ask the agency for information about how and why the decision was made. This may help you understand the process and reasons for the agency’s decision and may result in you deciding you no longer need to make a claim.
How to make a claim
You must make a claim in writing to the agency that made the decision.
Your claim must include:
- the standard you believe has been breached
- why you believe that standard has been breached (with reference to the principles of the standard)
- the remedy you are seeking.
You can use the Breach of standard claim form.
Timeframes to make a claim
| Type of decision | Timeframes |
|---|---|
| Notification under the Recruitment Standard | Agencies must provide you with at least 4 working days to make a claim after you are notified of the decision. |
| Notification under the Grievance Resolution Standard | Agencies must provide you with 10 working days to make a claim after you are notified of the decision. |
| All other reviewable decisions under the standards | Agencies must provide you with 10 working days to make a claim after you become aware of the decision, or 30 working days after the decision is made – whichever comes first. |
Early and late claims
If you want to make a claim after the prescribed period (a late claim) or before a decision is made, you must email the Public Sector Commissioner at Compliance@psc.wa.gov.au providing reasons why your claim should be accepted.
The Commissioner must be satisfied that there are reasonable grounds to approve your request.
The Commissioner generally gives the agency an opportunity to comment before making a decision. You are notified in writing of the Commissioner’s decision. If your request is approved, you are advised of 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 your claim, discussing it with you, providing you with relevant information, assessing the available information and evidence, and discussing the outcome of that assessment with you.
These steps are intended to address your concerns and, where possible, resolve your claim. However, this is not always possible.
If your claim cannot be resolved within 21 calendar days, the agency must notify you of the process for referring your claim to the Public Sector Commission or the Western Australian Industrial Relations Commission.
- If your claim relates to the Recruitment Standard, agencies refer it to the Public Sector Commission. Find out more about the Commission's conciliation, review and determination process.
- If your claim relates to the Transfer , Performance Management, Redeployment, Grievance Resolution or Termination Standards, you or your union may refer it to the to the WAIRC.
Withdraw a claim
You can withdraw your claim at any time during the process using the Withdrawal of breach of standard claim form.
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