Western Australian Consolidated Regulations

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PUBLIC SECTOR MANAGEMENT (BREACHES OF PUBLIC SECTOR STANDARDS) REGULATIONS 2005 - REG 6

6 .         Making claims for relief for breaches of public sector standards

        (1)         Subject to subregulations (3) and (4), if —

            (a)         a person considers that, in making a reviewable decision or otherwise, a public sector body has breached a public sector standard; and

            (b)         the person is adversely affected by the breach,

                the person may make a claim for relief to the public sector body.

        (2)         The claim is to be in writing, setting out the grounds on which it is claimed that the public sector standard has been breached.

        (3)         A claim may be made in respect of a breach of a public sector standard established in respect of the recruitment, selection and appointment of employees only by a person who has applied unsuccessfully to the public sector body concerned —

            (a)         to be appointed to fill a vacancy, otherwise than from an appointment pool, for a period of 6 months or more, or for a period of less than 6 months if the vacancy was advertised on the basis that —

                  (i)         the period of the appointment could later be extended to 6 months or more; or

                  (ii)         the person appointed could later become a permanent officer;

                or

            (b)         to be selected to form part of an appointment pool.

        (4)         A claim may be made otherwise than in respect of a reviewable decision only if, on the application of the person proposing to make the claim, the Commissioner —

            (a)         is satisfied that there are reasonable grounds for making the claim; and

            (b)         gives the person written approval to do so within a specified period.

        (5)         The Commissioner is to give a copy of an approval under subregulation (4) to the public sector body.



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