Breach of Standard claims

Public sector agencies must comply with the principles set out in the Public Sector Standards in Human Resource Management.

If you believe a public sector agency has breached a Public Sector Standard in Human Resource Management and you have been adversely affected, you can lodge a claim with the agency. The agency is to make reasonable attempts to resolve your claim. If your claim is not resolved within 15 days the agency must refer it to the Public Sector Commission..

There are six Standards:

  • Employment, which applies when filling a vacancy through recruitment, selection, secondment, transfer and temporary deployment (acting)
  • Performance Management
  • Grievance Resolution
  • Redeployment
  • Termination
  • Discipline

Claims can be submitted for all Standards except for the Discipline Standard.

Information for individuals

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Information for individuals considering making a breach of Standard claim.

It is best to contact the agency directly if you have any questions about how and why it has made a particular decision.

If you decide to lodge a claim, the Breach of Standard claims – Claimant guide provides you with information about how to prepare and lodge your claim,  and the conciliation and review process.

It is important to clearly outline the basis for your claim against the principles of the relevant Standard using the form, and provide any supporting information. Claims that lack substance will not be considered.

For claims against the Employment Standard, your suitability for the position cannot be reassessed by the Commission. We are unlikely to deal with claims that relate solely to your competitive merit.

For claims against the Grievance Resolution Standard, our assessment of the grievance issues will not be reconsidered. We are unlikely to deal with claims that dispute the outcome of a grievance.

When reviewing claims, we will only consider the process undertaken and whether it satisfied the principles of the relevant Standard.

Information for agencies

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Information for agencies dealing with breach of Standard claims.

The Breach of Standard claims – Agency guide provides information to help agencies to manage breach of Standard claims in accordance with the Regulations, and work towards resolving claims constructively.

After receiving a claim, you must make reasonable attempts to resolve the claim. This may include seeking further information from the claimant and clarifying any issues, explaining the principles of the relevant Standard and the claim process, providing more information about the process that was undertaken, and exploring possible means of resolution.

If the claim cannot be resolved within 15 working days, you must email the Agency referral of breach of Standard claim to the Public Sector Commission form and all relevant documentation to us at compliance@psc.wa.gov.au.

It is important to provide a comprehensive response to the issues raised by the claimant, as well as all documentation relevant to the process, to ensure that claims are progressed efficiently and effectively. Failure to explain the agency’s position about the claim in sufficient detail or provide relevant documentation may delay the progress of the claim.

Page reviewed 7 November 2022