Public Sector Management (Breaches of Public Sector Standards) Regulations 2005

In this regulation —

a period of more than 12 months; or

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.

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

a person considers that, in making a reviewable decision or otherwise, a public sector body or an employing authority of a public sector body has breached a public sector standard; and

the person is adversely affected by the breach,

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

Only the following persons may make a claim in respect of a breach of a recruitment standard —

a person who —

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

claims there was a breach of the recruitment standard in relation to the process of appointment;

a person who —

applied unsuccessfully to be appointed to fill a temporary vacancy for the minimum period by way of acting movement; and

claims there was a breach of the recruitment standard in relation to the process of appointment;

a person who —

applied unsuccessfully to be selected to form part of an appointment pool; and

claims there was a breach of the recruitment standard in relation to the process of selection.

Only the following persons may make a claim in respect of a breach of the transfer standard —

a person who —

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

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

a person who —

is being transferred; and

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

However, subregulation (3A) does not apply in relation to any of the following —

the transfer of an employee under the Public Sector Management (Redeployment and Redundancy) Regulations 2014 regulation 10(1);

the disposition of an employee by the Commissioner under section 22B of the Act;

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;

the transfer of an employee occurring as the outcome of a process to address substandard performance;

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.

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 —

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

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

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