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

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 —

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

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

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.

However, if the Commissioner is satisfied that there are reasonable grounds for the late lodgement of a claim, the Commissioner may, on the application of the person proposing to make the claim, give the person written approval to lodge the claim within the period specified in the approval instead of the period required under subregulation (1).

The Commissioner is to give a copy of an approval under subregulation (2) to the public sector body.

If a person is given approval by the Commissioner under regulation 6(4)(b) to make a claim otherwise than in respect of a reviewable decision, the claim is to be lodged with the public sector body within the period specified in the approval.