Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations 2014 (WA)

581 GOVERNMENT GAZETTE, WA 11 March 2014

of Public Sector Standards) Amendment Regulations 2014.

PS301*

Public Sector Management Act 1994

Public Sector Management (Breaches of Public

Sector Standards) Amendment Regulations 2014

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Public Sector Management (Breaches

11 March 2014 GOVERNMENT GAZETTE, WA 585

2.            Commencement

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 the day after that day.

3.            Regulations amended

These regulations amend the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005.

4.            Regulation 20 amended

In regulation 20(2)(a) after "recommend' insert:

or, instead of making a recommendation, to direct

5.            Regulation 21 amended

(1) In regulation 21(l):

(a)	in paragraph (a) delete "recommendation -" and insert: recommendation or direction -
(b)	in paragraph (a)(i) delete "notice; or" and insert: notice within the period specified in the notice; or

(2) After regulation 21(1) insert:

(2A) If—

(a)	the Commissioner makes a recommendation in
a notice under subregulation (1); and
(b)	the public sector body or its employing authority does not follow the recommendation within the period specified in the notice, or proposes action under regulation 22(1)(b) or (c) that the Commissioner does not consider appropriate,

the Commissioner may direct the public sector body or
its employing authority to give the claimant the relief
specified in the direction within a period specified in
the direction.

586 GOVERNMENT GAZETTE, WA 11 March 2014

(3) After regulation 21(2) insert:

(3) The Commissioner cannot direct under

subregulation (1) or (2A) that the relief to be given is
the appointment of the claimant or another person, but
may direct that a specified person is not to be
appointed.

6.            Regulation 30 amended

Delete regulation 30(a) and insert:

(a) has not given a claimant the relief directed by

the Commissioner under regulation 21(1) or

(2A); or

N. HAGLEY, Clerk of the Executive Council.