Public sector standards in human resource management

The Standards apply to all public sector bodies and their employees. They do not apply to entities listed in Schedule 1 of the PSM Act, such as:

• 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.

All public sector bodies and their employees must comply with the Standards.

Public sector bodies are responsible for developing and implementing human resource policies, procedures and practices that are consistent with the Standards.

Public sector bodies 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.

Public sector bodies report on their compliance with the Standards to the Commissioner annually (under section 31 of the PSM Act).

The Commissioner monitors the public sector's compliance with the Standards and reports to Parliament annually (under sections 21 and 22D of the PSM Act). 

The PSM Act establishes the role of the Commissioner whose functions include:

• establishing the Standards
• administering and monitoring compliance with the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 to provide relief for a breach of the Standards.

The Regulations provide a legislative base for the handling of a breach of Standard claim and provide for:

• people to lodge a breach of standard claim if they believe a Standard has been breached and they have been adversely affected by that breach
• the impartial handling of the claim, resolution where possible and, where resolution does not occur, an independent determination by the Commissioner on whether there has been a breach of a Standard
• the Commissioner recommending, and in some circumstances directing, what relief, if any, is to be provided when a breach of a Standard is determined.

Underlying principles of the Regulations

The Regulations are designed to be practical and flexible. They allow for cooperation, in the sense that parties can actively engage in the process when the claim is lodged in the agency, have any issues conciliated or where required, have a claim reviewed by the Commission. 

The key underlying principles are to provide:

Balance

A balance between the agency’s need to manage human resource processes in the context of their operational requirements, and the need for people to seek relief where human resource processes covered by the standards do not comply with the Standards.

Clarification of the issues

Claimants and agencies have the opportunity to clarify the issues related to the claim after the claim is forwarded to the Commissioner.

Choices for both parties

When a claim is lodged, the agency must make reasonable attempts to resolve the claim. A claimant may consider that an explanation or other action resolves their claim and may withdraw their claim in writing.

Opportunity for resolution

If the claimant and agency agree to participate in conciliation, an impartial person will undertake the conciliation process. This may be a Commission employee or an external Conciliation and Review Officer (CRO) appointed by the Commissioner. The person undertaking conciliation works with the parties to resolve the claim. Conciliation can facilitate a better understanding of the claim by both parties and a fair and prompt resolution.

Procedural fairness

If conciliation is not an option, or an agreement is not reached during conciliation, the claim is reviewed. The review may be undertaken by a Commission employee or an external CRO may be appointed. Both parties have an opportunity during the review process to provide information relevant to the claim.

Impartial and open decisions

The Commissioner makes an independent determination on whether there has been a breach of a Standard and notifies both parties, giving reasons for the decision. This approach helps both parties to understand the decision. 

An independent view of the relief that should be provided

If there has been a breach of a Standard, the Commissioner may recommend relief, or may direct that relief, or no relief, be provided by the agency to the claimant. This approach ensures both the agency and the claimant have someone independent to make the determination about the appropriate relief.  

Breach of Standard claims may be made for all Standards other than the Discipline Standard.

Terms

For more information, review breach of Standard claims.