Public Sector Management Regulations Amendment Regulations (No. 2) 2025 (WA)
Western Australia
Public Sector Management Act 1994
Western Australia
Public Sector Management Act 1994
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 1 July 2025.
This Part amends the
(1) In regulation 3(1) delete the definition of
transfer .(2) In regulation 3(1) insert in alphabetical order:
(a) 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; but
(b) does not include movement of an employee from an office, post or position in a public sector body because of an appointment of the employee to another office, post or position made following completion of a recruitment, selection and appointment process to fill a vacancy;
(3) In regulation 3(1) in the definition of
vacancy delete “position.” and insert:
position;
(4) Delete regulation 3(2).
(1) Before regulation 6(1) insert:
(1A) In this regulation —
(a) a period of more than 6 months; or
(b) a period of 6 months or less if the vacancy was advertised on the basis that the period of the appointment could later be extended to more than 6 months or the person appointed could later become a permanent officer.
(2) Delete regulation 6(3) and insert:
(3) Subject to subregulations (3A), (3B) and (3C), only the following persons may make a claim in respect of a breach of a public sector employment standard —
(a) a person who —
(i) applied unsuccessfully to be appointed to fill a vacancy for the minimum period, other than filling the vacancy by appointment from an appointment pool or by way of acting movement or transfer; and
(ii) claims there was a breach of the standard to the extent it applies to the process for the appointment mentioned in subparagraph (i);
(b) a person who —
(i) applied unsuccessfully to be appointed to fill a temporary vacancy for the minimum period by way of acting movement; and
(ii) claims there was a breach of the standard to the extent it applies to the process for the appointment mentioned in subparagraph (i);
(c) a person who —
(i) applied unsuccessfully to be selected to form part of an appointment pool; and
(ii) claims there was a breach of the standard to the extent it applies to the process for the selection mentioned in subparagraph (i);
(d) a person who —
(i) applied unsuccessfully to fill a vacancy by way of transfer; and
(ii) claims there was a breach of the standard to the extent it applies to the process for the transfer mentioned in subparagraph (i);
(e) a person who —
(i) is being transferred; and
(ii) claims there was a breach of the standard to the extent it applies to the process for the transfer mentioned in subparagraph (i).
(3) After regulation 6(3) insert:
(3A) Subregulation (3)(d) does not apply to a person if, when the person applied to fill a vacancy by way of transfer, the person could have applied to fill the vacancy other than by way of transfer.
(3B) Subregulation (3)(d) and (e) does not apply to any of the following —
(a) the transfer of an employee under the
Public Sector Management (Redeployment and Redundancy) Regulations 2014 regulation 10(1);(b) the disposition of an employee by the Commissioner under section 22B of the Act;
(c) the appointment of an employee to a permanent office, post or position with the same level of classification held by the employee immediately before the appointment, if the purpose of the appointment is to change fixed term or casual employment to permanent employment in accordance with the Commissioner’s instructions or an industrial instrument;
(d) the transfer of an employee occurring as the outcome of a process to address substandard performance;
(e) the transfer of an employee made as a consequence of disciplinary action taken because of a breach of discipline to which the public sector standard for discipline applies.
(3C) For the purpose of applying subregulation (3), unless a person applied to fill a vacancy by way of transfer —
(a) it is irrelevant that the person could have filled the vacancy by way of transfer; and
(b) a public sector employment standard, to the extent it applies to the process of transfer, is not relevant; and
(c) any reference to a transfer in a document, prepared for the purpose of the person being appointed to, or being considered for being appointed to, fill the vacancy, is irrelevant.
6. Regulation 7 amended
In regulation 7(5) in the definition of
business days
(1) In regulation 8(1) delete “transfer unless subregulation (2) or (3) applies.” and insert:
transfer.
(2) Delete regulation 8(2) and insert:
(2) For any claim other than a claim that there was a breach of a specified public sector standard, subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —
(a) the claim is resolved between the public sector body and the claimant during the agency resolution period for the claim; or
(b) the claim is settled by agreement through the conciliation process; or
(c) the claim is the subject of notice given by the Commissioner under regulation 21; or
(d) the claim is withdrawn under regulation 23(1); or
(e) the claim lapses under regulation 24(3).
(2A) For a claim that there was a breach of a specified public sector standard, subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —
(a) the claim is resolved between the public sector body and the claimant during the agency resolution period for the claim; or
(b) the claim is referred to the WAIRC under the
Industrial Relations Act 1979 section 29(1)(l); or(c) the claim is not referred to the WAIRC under the
Industrial Relations Act 1979 section 29(1)(l) within 28 days after the end of the agency resolution period for the claim; or(d) the claim is withdrawn under regulation 23(4).
(3) In regulation 8(3) delete “This subregulation applies” and insert:
Subregulation (1) ceases to prevent the employing authority from making the appointment or transfer
(4) After regulation 8(3) insert:
(4) This regulation does not apply to any of the following —
(a) the transfer of an employee under the
Public Sector Management (Redeployment and Redundancy) Regulations 2014 regulation 10(1);(b) the disposition of an employee by the Commissioner under section 22B of the Act;
(c) the appointment of an employee to a permanent office, post or position with the same level of classification held by the employee immediately before the appointment, if the purpose of the appointment is to change fixed term or casual employment to permanent employment in accordance with the Commissioner’s instructions or an industrial instrument;
(d) the transfer of an employee occurring as the outcome of a process to address substandard performance;
(e) the transfer of an employee made as a consequence of disciplinary action taken because of a breach of discipline to which the public sector standard for discipline applies.
8. Regulation 10 replaced
Delete regulation 10 and insert:
(1) If a claim is lodged with a public sector body, the public sector body must make reasonable attempts to resolve the claim with the claimant within the period of 21 days starting on the day after the day on which the claim was lodged.
(2) Without limiting subregulation (1), the public sector body must make all reasonable efforts to do the following within the 21 days mentioned in subregulation (1) —
(a) allocate a person to deal with the claim who was not involved in the original process or decision;
(b) discuss the claim with the claimant;
(c) give the claimant all information required to understand the claim resolution process and potential options for resolution of the claim;
(d) assess the claim;
(e) discuss the public sector body’s assessment of the claim with the claimant as soon as practicable after completing the assessment;
(f) if the claim is not resolved, notify the claimant of the process for referring the claim to either the Commissioner or the WAIRC.
(3) The public sector body must keep records of its compliance with subregulations (1) and (2) and, if relevant, the reasons it was unable to comply with any requirements of subregulation (2).
(1) This regulation applies if —
(a) a claim is lodged with a public sector body, other than a claim that there was a breach of a specified public sector standard; and
(b) the claim is not resolved with the claimant or withdrawn within the agency resolution period for the claim.
(2) The public sector body must —
(a) send the following to the Commissioner —
(i) the claim;
(ii) the name and the telephone number or other contact details of the claimant and the nominated officer;
(iii) any document that the public sector body considers relevant to the claim or that is specified in the guidelines for the purposes of this regulation;
and
(b) give to the claimant written notice that the claim has been sent to the Commissioner.
(1) In this regulation —
(2) This regulation applies if —
(a) a claim that there was a breach of a specified public sector standard is lodged with a public sector body; and
(b) the claim is not resolved with the claimant or withdrawn within the agency resolution period for the claim.
(3) The public sector body must give to the claimant written notice that any of the following may refer the claim to the WAIRC under the
Industrial Relations Act 1979 section 29(1)(l) no later than 28 days after the end of the agency resolution period for the claim —(a) the claimant;
(b) an organisation for which the claimant is eligible to be enrolled as a member;
(c) an association that represents an organisation for which the claimant is eligible to be enrolled as a member.
9. Regulation 11A amended (1) After regulation 11A(1) insert:
(1A) The Commissioner must not deal with a claim that there was a breach of a specified public sector standard.
(2) After regulation 11A(2) insert:
(3) If the Commissioner decides not to deal with a claim because of subregulation (1A), the Commissioner must, in writing, inform the entity who sent the claim to the Commissioner that the claim may be referred to the WAIRC under the
Industrial Relations Act 1979 section 29(1)(l).(4) If a public sector body is informed by the Commissioner about a claim under subregulation (3), the public sector body must inform the claimant that the claim may be referred to the WAIRC under the
Industrial Relations Act 1979 section 29(1)(l).
(1) In regulation 11(1) delete “Commissioner,” and insert:
Commissioner under regulation 10A(2),
(2) After regulation 11(4) insert:
(5) This regulation does not apply to a claim that there was a breach of a specified public sector standard.
In regulation 13 delete “claim.” and insert:
claim, other than a claim that there was a breach of a specified public sector standard.
In regulation 22(1) and (3) delete “10 days” and insert:
10 business days
(1) In regulation 23(1) delete “A” and insert:
For any claim other than a claim that there was a breach of a specified public sector standard the
(2) After regulation 23(3) insert:
(4) For a claim that there was a breach of a specified public sector standard, the claimant may, before the end of the agency resolution period for the claim, withdraw the claim by giving written notice of the withdrawal to the public sector body with which the claim was lodged.
In regulation 24(2) delete “5 days” and insert:
5 business days
In regulation 25(1)(a) delete “23(1); or” and insert:
23(1) or (4); or
After regulation 28(a) insert:
(aa) the application of the
Industrial Relations Act 1979 to, and the WAIRC’s jurisdiction to deal with, claims regarding a breach of a specified public sector standard; and
Delete regulation 31 and insert:
(1) In this regulation —
(2) Subregulations (3) and (4) apply if —
(a) before commencement day, a person made a claim for relief to a public sector body on the ground mentioned in the
Industrial Relations Act 1979 section 36AJ(a) in accordance with the former regulations; and(b) on commencement day —
(i) the resolution period for the claim had not ended; or
(ii) the resolution period for the person’s claim had ended but the public sector body had not sent the claim to the Commissioner in accordance with the former regulations.
(3) From commencement day —
(a) Part 2 (other than regulation 8), and regulation 10, of the former regulations continue to apply in relation to the claim; and
(b) regulation 8 and Part 3 (other than regulation 10) as in force on or after commencement day, apply in relation to the claim.
(4) However, regulation 10 of the former regulations does not apply in relation to the claim to the extent the regulation requires the public sector body to —
(a) send the claim, information or a document to the Commissioner; or
(b) give written notice to the claimant that the claim has been sent to the Commissioner.
(5) Subregulation (6) applies if, before commencement day —
(a) a person made a claim for relief to a public sector body on the ground that the public sector body breached a public sector standard, other than a specified public sector standard, in accordance with the former regulations; and
(b) under the former regulations —
(i) the public sector body had not yet sent the person’s claim to the Commissioner; or
(ii) the public sector body sent the person’s claim to the Commissioner but the Commissioner had not finished dealing with the claim.
(6) The Commissioner and public sector body must continue to deal with the claim under the former regulations.
This Part amends the
Delete regulations 3 and 4.
Delete regulation 6 and insert:
(1) In this regulation —
(2) For the purposes of section 43(1) of the Act, the prescribed salary level is the level of the maximum salary payable in respect of a level 8 officer under Schedule 2 of the Public Sector CSA Agreement 2024.
Delete regulation 10(a) to (f) and insert:
(a) the class constituted by persons holding offices, posts or positions, appointed to the base grade of the general division; and
(b) the class constituted by persons holding appointments made on the grounds of locality in a region, other than the Peel region, described in the
Regional Development Commissions Act 1993 Schedule 1; and(c) the class constituted by persons holding appointments made under the terms and conditions of an apprenticeship, traineeship or cadetship.
After regulation 14(a) insert:
(b) government officers employed by any employing authority of an entity (other than the North Metropolitan Health Service) listed in Schedule A of the award —
(i) made by the Industrial Commission under the
Industrial Relations Act 1979 ; and(ii) known as the Government Officers Salaries, Allowances and Conditions Award 1989;
and
Delete regulations 17 to 22.
K. COLLERAN, Clerk of the Executive Council
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