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

If —

an employing authority of a public sector body makes —

a notifiable employment decision in relation to the appointment of a person to fill a vacancy; or

a reviewable decision to transfer an employee;

a claim is lodged with the public sector body in respect of a reviewable decision that relates to the proposed appointment or transfer,

For any claim other than a claim that there was a breach of a specified public sector standard, subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —

the claim is resolved between the public sector body and the claimant during the agency resolution period for the claim; or

the claim is settled by agreement through the conciliation process; or

the claim is the subject of notice given by the Commissioner under regulation 21; or

the claim is withdrawn under regulation 23(1); or

the claim lapses under regulation 24(3).

For a claim that there was a breach of a specified public sector standard, subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —

the claim is resolved between the public sector body and the claimant during the agency resolution period for the claim; or

the claim is referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l); or

the claim is not referred to the WAIRC under the Industrial Relations Act 1979 section 29(1)(l) within 28 days after the end of the agency resolution period for the claim; or

the claim is withdrawn under regulation 23(4).

Subregulation (1) ceases to prevent the employing authority from making the appointment or transfer if —

the employing authority of the public sector body makes a written submission to the Commissioner that sets out the reasons why the employing authority should make the proposed appointment, or give effect to the proposed transfer, despite the claim having been made; and

the Commissioner gives the employing authority written approval to make the appointment or give effect to the transfer.

This regulation does not apply 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.