Breach of standard claims

Information about making a breach claim under the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005, and the process for dealing with a claim once it is made.

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.

Claims cannot be made in relation to the Discipline Standard where other legislation applies.

The standards

Agencies must comply with 7 standards relating to human resource activities:

Agencies subject to breach claim regulations

All WA public sector agencies (including ministerial offices) must comply with the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005. The regulations do not apply to broader government authorities such as government trading enterprises (for example Synergy and port authorities), public universities and local governments.

The regulations set out the timeframes in which a claim can be made and, together with the Industrial Relations Act 1979, the procedures for dealing with claims once they are made. 
 

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