Public Sector Management Act 1994

Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025

 

 

Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 3 amended1

5.Regulation 5 amended2

6.Regulation 6 amended3

7.Regulation 7 amended5

8.Regulation 32 inserted7

32.Transitional provision for Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 20257

 

Public Sector Management Act 1994

Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on 1 July 2026.

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 public sector employment standard.

(2)In regulation 3(1) insert in alphabetical order:

 

recruitment standard means the Commissioner’s instructions issued under section 21(1)(a)(i) or (ii) of the Act to the extent the instructions establish the public sector standards in respect of recruitment, selection, appointment, secondment and temporary deployment (acting) of employees;

transfer standard means the Commissioner’s instructions issued under section 21(1)(a)(i) of the Act to the extent the instructions establish public sector standards in respect of the transfer of employees;

 

(3)In regulation 3(1) in the definition of notifiable employment decision paragraph (a):

(a)in subparagraph (i) delete “6 months; or” and insert:

 

12 months; or

 

(b)in subparagraph (ii) delete “6 months” (each occurrence) and insert:

 

12 months

 

Note: The heading to amended regulation 3 is to read:

Terms used

5.Regulation 5 amended

(1)In regulation 5(2) and (3A) delete “public sector employment standard” and insert:

 

recruitment standard

 

(2)Delete regulation 5(3)(c) and insert:

 

(c)the date no later than which the claim may be lodged with the public sector body, as follows —

(i)for a notice given to a person under subregulation (1) — the date that is 10 business days after the day on which the person is given the notice;

(ii)for a notice given to a person under subregulation (2) or (3A) — the date specified by the employing authority in the notice but not less than 4 business days after the day on which the person is given the notice;

and

 

(3)In regulation 5(3) after each of paragraphs (a) and (b) insert:

 

and

 

6.Regulation 6 amended

(1)In regulation 6(1A) in the definition of minimum period:

(a)in paragraph (a) delete “6 months; or” and insert:

 

12 months; or

 

(b)in paragraph (b) delete “6 months” (each occurrence) and insert:

 

12 months

 

(2)In regulation 6(1) delete “(3)” and insert:

 

(3), (3A)

 

(3)Delete regulation 6(3) and (3A) and insert:

 

(3)Only the following persons may make a claim in respect of a breach of a recruitment 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 recruitment standard in relation to the process of appointment;

(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 recruitment standard in relation to the process of appointment;

(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 recruitment standard in relation to the process of selection.

(3A)Only the following persons may make a claim in respect of a breach of the transfer standard —

(a)a person who —

(i)applied unsuccessfully to fill a vacancy by way of transfer; and

(ii)claims there was a breach of the transfer standard in relation to the process of transfer;

(b)a person who —

(i)is being transferred; and

(ii)claims there was a breach of the transfer standard in relation to the process of transfer.

 

(4)In regulation 6(3B) delete “Subregulation (3)(d) and (e) does not apply” and insert:

 

However, subregulation (3A) does not apply in relation

 

(5)Delete regulation 6(3C).

7.Regulation 7 amended

(1)Delete regulation 7(1) and insert:

 

(1)If a person makes a claim for relief to a public sector body under regulation 6(1), the claim must be lodged with the public sector body no later than —

(a)for a claim in respect of a reviewable decision referred to in regulation 5(1) — 10 business days after the day on which the person is given written notice under regulation 5(1) in relation to the claim; or

(b)for a claim in respect of a notifiable employment decision referred to in regulation 5(2) or (3A) — the date specified in the written notice given to the person under regulation 5(2) or (3A) in relation to the claim; or

(c)for a claim in respect of any other reviewable decision — 10 business days after the person first became aware of the reviewable decision or 30 business days after the reviewable decision was made, whichever period expires first.

 

(2)In regulation 7(2):

(a)delete “If” and insert:

 

However, if

 

(b)delete “after the prescribed lodgement period within the period specified in the approval.” and insert:

 

within the period specified in the approval instead of the period required under subregulation (1).

 

(3)Delete regulation 7(5).

8.Regulation 32 inserted

At the end of Part 5 insert:

 

32.Transitional provision for Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025

(1)In this regulation —

commencement day means the day on which the Public Sector Management (Breaches of Public Sector Standards) Amendment Regulations (No. 2) 2025 regulation 6 comes into operation;

former regulations means these regulations as in force immediately before commencement day.

(2)This regulation applies if —

(a)an employing authority made a reviewable decision before commencement day; and

(b)before commencement day —

(i)the period for making a claim for relief in respect of the reviewable decision had not ended; or

(ii)a claim for relief in respect of the reviewable decision had not been concluded.

(3)The former regulations continue to apply in relation to the reviewable decision and any claim for relief in respect of the reviewable decision despite any amendment of the former regulations on or after commencement day.

 

N. HAGLEY, Clerk of the Executive Council

© State of Western Australia 2025.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2025.

By Authority: ROGER JACOBS, Acting Government Printer