reg 3

Terms used

In force

(1)

In these regulations, unless the contrary intention appears —

acting movement means the temporary movement of an employee from an office, post or position in a public sector body to another office, post or position in the same body with an equivalent or higher level of classification;

agency resolution period, in relation to a claim, means the period for a public sector body to resolve the claim with the claimant under regulation 10;

appointment pool means —

(a)

a number of persons selected by the employing authority of a public sector body as suitable to be considered for appointment to fill a future vacancy or future vacancies of a particular class in that public sector body; or

(b)

a shared appointment pool;

business day means any day other than a Saturday, Sunday or public holiday;

claim means a claim for relief under regulation 6;

claimant means a person who makes a claim;

conciliation and review officer means a person to whom a claim is assigned under regulation 11;

conciliation process means the procedures under Part 3 Division 2 for settling a claim by agreement;

guidelines means guidelines issued under regulation 4;

nominated officer means an officer of a public sector body nominated by the employing authority of the public sector body to act on its behalf for the purposes of these regulations;

notifiable employment decision means a reviewable decision in respect of —

(a)

the appointment of a person to fill a vacancy, otherwise than from an appointment pool or by way of acting movement or transfer —

(i)

for a period of more than 12 months; or

(ii)

for a period of 12 months or less if the vacancy was advertised on the basis that the period of the appointment could later be extended to more than 12 months or the person appointed could later become a permanent officer;

(b)

the appointment of a person to fill a temporary vacancy, by way of acting movement, if the vacancy was advertised on the basis that the person appointed could later become a permanent officer;

(c)

the selection of a person to form part of an appointment pool;

public sector standard does not include a public sector standard established in respect of substandard performance or disciplinary matters;

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;

reviewable decision means a decision made by the employing authority of a public sector body as the result of the completion of a process to which a public sector standard applies;

review process means the procedures under Part 3 Division 3 for reviewing a claim;

shared appointment pool means a number of persons selected by employing authorities of public sector bodies as suitable to be considered for appointment to fill a vacancy or future vacancy of a particular class in those public sector bodies;

specified public sector standard has the meaning given in the Industrial Relations Act 1979 section 36AI;

transfer —

(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;

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;

vacancy means a vacant office, post or position;

WAIRC means the Commission as defined in the Industrial Relations Act 1979 section 7(1).

[(2) deleted]

[Regulation 3 amended: Gazette 11 Feb 2011 p. 493-6; SL 2025/122 r. 4; SL 2025/196 r. 4.]

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