Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2011 (WA)
11 February 2011 GOVERNMENT GAZETTE, WA 493 PUBLIC SERVICE
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Public Sector Management Act 1994
Public Sector Management (Breaches of Public
Sector Standards) Amendment Regulations 2011
Made by the Governor in Executive Council.
1. Citation
These regulations are the Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2011.
2. Commencement
an employee from an office, post or position in a public
These regulations come into operation as follows —
(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on 21 February 2011. 3. Regulations amended
These regulations amend the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005.
4. Regulation 3 amended
(1) In regulation 3(1) delete the definition of appointment pool. (2) In regulation 3(1) insert in alphabetical order: acting movement means the temporary movement of
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sector body to another office, post or position in the
same body with an equivalent or higher level of
classification;appointment pool means -
(a)
a number of persons selected by the employing authority of a public sector body as suitable to be considered for appointment to fill a future
vacancy or future vacancies of a particular class
in that public sector body; or(b) a shared appointment pool; notifiable employment decision means a reviewable
decision in respect of—
(a) the appointment of a person to fill a vacancy,
otherwise than from an appointment pool or by
way of acting movement or transfer -(i) for a period of more than 6 months; or
(ii)
vacancy was advertised on the basis that
the period of the appointment couldfor a period of 6 months or less if the or the person appointed could later become a permanent officer;
or
(b) the appointment of a person to fill a temporary
vacancy, by way of acting movement, if the vacancy was advertised on the basis that the person appointed could later become a
permanent officer;
or
(c) the selection of a person to form part of an
appointment pool;
public sector employment standard means the Commissioner's instructions issued under
section 21(1)(a)(i) or (ii) of the Act establishing public
sector standards in respect of recruitment, selection,
appointment, transfer, secondment and temporary
deployment (acting) of employees;
shared appointment pool means a number of persons
selected by employing authorities of public sector
bodies as suitable to be considered for appointment to
fill a vacancy or future vacancy of a particular class in
those public sector bodies;
transfer means the permanent movement of an
employee from an office, post or position in a public
sector body to another office, post or position with the
same level of classification in a public sector body;
11 February 2011 GOVERNMENT GAZETTE, WA 495 (3) In regulation 3(1) in the definition of reviewable decision after
"decision made by" insert: the employing authority of
5. Regulation SA inserted
At the end of Part 1 insert:
SA. Shared appointment pools (1) If a shared appointment pool is established for 2 or
more public sector bodies, the employing authorities of
the public sector bodies must designate in writing one
of the public sector bodies, and its employing
authority, as the body and employing authority
responsible for compliance with regulation 5(3A) and
for dealing with any claim made under these
regulations in relation to the shared appointment pool.(2) A notice given under regulation 5(3A) in respect of a
reviewable decision in relation to a shared appointment
pool must specify the public sector body and
employing authority responsible for dealing with any
claim in relation to the reviewable decision.6. Regulation 5 amended
Delete regulation 5(1) and (2) and insert:
(1) If an employing authority makes a reviewable decision
as the result of the completion of a process to which a
public sector standard that is established in respect of the resolution of employees' grievances applies, the
employing authority must give written notice that
complies with subregulation (3) to -(a)
the person whose grievance resulted in the making of the reviewable decision; and
(b)
each person (if any) who was the subject of the grievance.
(2) If an employing authority makes a notifiable
employment decision in respect of an appointment to
fill a vacancy as the result of the completion of a
process to which a public sector employment standard
applies, the employing authority must give written
notice that complies with subregulation (3) to any
person who applied unsuccessfully to be appointed to
fill the vacancy.
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(3A) If an employing authority makes a notifiable
employment decision in respect of selection for
inclusion in an appointment pool as the result of the
completion of a process to which a public sector
employment standard applies, the employing authority
must give written notice that complies with
subregulation (3) to any person who applied
unsuccessfully to be selected to form part of the
appointment pool.
7. Regulation 6 amended
(1) In regulation 6(1)(a) after "public sector body" insert: or an employing authority of a public sector body (2) Delete regulation 6(3 ) and insert:
(3) Only the following persons may make a claim in
respect of a breach of a public sector employment
standard -(a) a person who has applied unsuccessfully to be
appointed to fill a vacancy, otherwise than from
an appointment pool or by way of acting
movement or transfer -(i) for a period of more than 6 months; or
(ii)
vacancy was advertised on the basis that
the period of the appointment couldfor a period of 6 months or less if the or more or the person appointed could later become a permanent officer,
and claims there has been a breach of the standard in relation to the process of
appointment;
(b) a person who has applied unsuccessfully to be appointed to fill a temporary vacancy, by way of acting movement -
(i) for a period of more than 6 months; or
(ii)
vacancy was advertised on the basis that
the period of the appointment couldfor a period of 6 months or less if the or more or the person appointed could later become a permanent officer,
and claims there has been a breach of the
standard in relation to the process of
appointment;
11 February 2011 GOVERNMENT GAZETTE, WA 497
(c) a person who has applied unsuccessfully to be selected to form part of an appointment pool, and claims there has been a breach of the standard in relation to the process of selection;
(d)
a person who has applied unsuccessfully to be appointed to fill a vacancy by way of transfer, or is being transferred, and claims there has
been a breach of the standard in relation to the
process of transfer.
8. Regulation 7 amended
Delete regulation 7(5) and insert:
(5) In this regulation -
prescribed lodgement period means -
(a) for a notifiable employment decision - such period, being a period of not less than 4 days after the claimant was given notice under regulation 5(2) or (3A), as is specified in the
notice;(b) for a reviewable decision referred to in regulation 5(1) - 10 days after the claimant was given notice under that subregulation; (c) for any other reviewable decision - 10 days after the claimant first became aware of the reviewable decision or 30 days after the reviewable decision was made, which period expires first.
9. Regulation 8A deleted
Delete regulation 8A. 10. Regulation 8 amended
(1) In regulation 8(1):
(a) delete paragraph (a) and insert:
(a) an employing authority of a public sector body
makes -
(i) a notifiable employment decision in relation to the appointment of a person to fill a vacancy; or
(ii) a reviewable decision to transfer an employee;
and
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(b) delete "the public sector body cannot" and insert:
the employing authority cannot
(2) In regulation 8(3):
(a) in paragraph (a) delete "public sector body makes" and insert: employing authority of the public sector body makes
(b) in paragraph (a) delete "public sector body should" and insert: employing authority should
(c) in paragraph (b) delete "public sector body" and insert: employing authority
11. (1) In regulation 9(1)(a):
Regulation 9 amended
(a) delete "a public sector body" and insert: the employing authority of a public sector body
(b) delete "the public sector body -" and insert: the employing authority -
(2) In regulation 9(3):
(a) in paragraph (a) delete "public sector body makes" and insert: employing authority of the public sector body makes
(b) in paragraph (a) delete "public sector body should" and insert: employing authority should
(c) in paragraph (b) delete "public sector body" and insert: employing authority
11 February 2011 GOVERNMENT GAZETTE, WA 499 12. Regulation 10 amended
(I) Before regulation 10(a) insert: (aa) is to make reasonable attempts to resolve the
claim with the claimant before the claim must
be sent to the Commissioner under
paragraph (a); and
(2) In regulation 10(a) delete "is to send to the Commissioner as
soon as is practicable but in any event within 15 days after the
claim was lodged -" and insert:if the claim is not resolved within 15 days after it is lodged, is to send to the Commissioner -
13. Regulation hA inserted
After regulation 10 insert:
hA. Commissioner may decide not to deal with a claim (1) The Commissioner may, at any time after receiving a
claim, decide not to deal with the claim, or to stop
dealing with the claim, because -
(a)
the claim does not relate to a matter the Commissioner has power to deal with; or
(b)
in the opinion of the Commissioner, the claim is vexatious, frivolous or lacking in substance or does not warrant further action; or
(c)
the subject matter of the claim is being dealt with, or has already been dealt with, adequately
by the Commissioner or another entity; or (d)
the claim is solely about the competitive merit of the claimant.
(2) If the Commissioner decides not to deal with the claim,
or to stop dealing with the claim, the Commissioner
must inform the person who made the claim, in writing,of the decision and the reason for the decision.
14. (1) In regulation 12(1) delete "the public sector body" and insert:
Regulation 12 amended
the employing authority of the relevant public sector body
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(2) In regulation 12(2) delete "public sector body" and insert: employing authority 15. Regulation 14 amended
In regulation 14 delete "public sector body" and insert:
employing authority of the relevant public sector body
16. Regulation 15 amended
In regulation 15 delete "public sector body" and insert:
employing authority of the relevant public sector body
17. (1) In regulation 18(1):
Regulation 18 amended
(a) in paragraph (a) delete "public sector body" and insert: employing authority of the relevant public sector body
(b) in paragraph (c) delete "public sector body" and insert: employing authority
(2) In regulation 18(2) delete "public sector body -" and insert:
employing authority - 18. Regulation 19 amended
In regulation 19(c) after "public sector body" insert:or its employing authority
19. Regulation 20 amended
In regulation 20(2):
(a) in paragraph (a) after "that the public sector body"
insert:
or its employing authority
11 February 2011 GOVERNMENT GAZETTE, WA 501 (b) in paragraph (b) delete "public sector body has" and
insert:
public sector body and its employing authority have
20. Regulation 22 amended
(1) In regulation 22(1) delete "the public" (each occurrence) and
insert:the employing authority of the public (2) In regulation 22(2) and (3) delete "public sector body" (each
occurrence) and insert:employing authority (3) In regulation 22(1) after paragraph (a) insert: 21. Regulation 23 amended
In regulation 23(2) delete "the public" and insert:
the employing authority of the public
22. Regulation 27 amended
In regulation 27(2) after "public sector body" (each occurrence)
insert: or employing authority
23. Part ,5 replaced
Delete Part 5 and insert:
Part 5 - Transitional matters 31. Transitional
(1) In this regulation -
commencement day means the day on which the
Public Sector Management (Breaches of Public Sector
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Standards) Amendment Regulations 2011 come into
operation;
former regulations means these regulations as in forceimmediately before commencement day.
(2) If —
(a)
a claim has been lodged under Part 2 before commencement day; and
(b)
immediately before commencement day, the claim has not been completely dealt with under these regulations or withdrawn by the claimant,
then the former regulations, and the Commissioner's
instructions as in force before the commencement day
continue to have effect for the purposes of dealing withthe claim.
By Command of the Governor,
R. KENNEDY, Clerk of the Executive Council.
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