Western Australian Consolidated Regulations

PUBLIC SECTOR MANAGEMENT (BREACHES OF PUBLIC SECTOR STANDARDS) REGULATIONS 2005 - REG 9

9 .         Effect of making claims on proposed selections to appointment pools

        (1)         If —

            (a)         a public sector body proposes to select persons to form an appointment pool; and

            (b)         a claim is lodged with the public sector body in respect of a reviewable decision that relates to any of the proposed selections,

                the public sector body —

            (c)         may make the selections despite the claim having been made; but

            (d)         may make an appointment from the appointment pool to fill a vacancy only if regulation 8(2) or subregulation (2) or (3) applies.

        (2)         This subregulation applies if the public sector body has another vacancy to fill from the appointment pool to which the claimant could be appointed if the claim were to be successful.

        (3)         This subregulation applies if —

            (a)         the public sector body makes a written submission to the Commissioner that sets out the reasons why the public sector body should make an appointment from the appointment pool despite the claim having been made; and

            (b)         the Commissioner gives the public sector body written approval to make the appointment.