The Public Sector Commissioner establishes minimum standards of merit, equity and probity that public sector agencies must comply with under section 21 of the Public Sector Management Act 1994 (PSM Act).
The standards relate to human resource activities and are collectively referred to as the Public Sector Standards in Human Resource Management. They are principles based and, in establishing them, the Commissioner has regard to the principles set out in sections 7, 8 and 9 of the PSM Act.
The 7 standards are:
- Recruitment (contained in Commissioner's Instructions 48, 49 and 50)
- Transfer
- Performance Management
- Grievance Resolution
- Redeployment
- Termination
- Discipline
Application
Show moreThe standards apply to all public sector agencies and their employees. They do not apply to entities listed in Schedule 1 of the PSM Act including:
- elected officials, for example, members of Parliament and local government councillors
- local governments
- sworn members of the Western Australian Police (police officers)
- universities
- courts and tribunals
- some corporatised bodies such as Port Authorities and the Water Corporation.
Responsibilities of public sector agencies
Show moreAll public sector agencies and their employees must comply with the standards.
Public sector agencies are responsible for developing and implementing human resource policies, procedures and practices that are consistent with the standards.
Public sector agencies can support compliance with the standards by:
- ensuring human resource policies, procedures and practices are consistent with the standards
- raising employee awareness of the standards.
Monitoring and reporting
Show morePublic sector agencies report on their compliance with the standards annually to the Commissioner (section 31 of the PSM Act).
The Commissioner also monitors the public sector's compliance with the standards and reports to Parliament annually (under sections 21 and 22D of the PSM Act).
Breach of standard claims
Show moreIn certain situations, individuals can make a claim if they believe a standard has been breached. Information about how to make a claim, what agencies must do once a claim is made, and how the Public Sector Commission deals with referred Recruitment Standard claims is on WA.gov.au.
Ensuring staff and applicants are well informed, reducing breach claims
Show moreAgencies must take reasonable steps to make sure employees know about the 7 standards, regulations and procedures under the Industrial Relations Act 1979.
This can be done by providing information:
- on the agency’s intranet, including a link to WA.gov.au
- during induction
- through training
- in internal policies and procedures.
Job advertisements should include a link to WA.gov.au so all applicants can access information about the breach claims.
When setting the closing date for breach claims, agencies should allow enough time for postal delivery and consider the impact of any public holidays within the 21 calendar day resolution period.
Agencies can also support good practice by:
- giving employees and job applicants clear information about policies and processes
- keeping people informed at key stages, even if the decision is to take no action
- letting relevant people know about any delays or changes to the process
- providing clear, fair and helpful feedback about processes and decisions.
- providing contact details of someone who is available to explain the process and the decision
- keeping clear and concise records about the process and the reasons for decisions, so an independent person can understand:
- how and why the decision was made
- any conflicts of interest (whether perceived, potential or actual) and how they were managed
- whether the requirements of the relevant standard were met
- the reason for any delays or changes to the usual practices.
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