1. Policy statement
The Department manages claims of breaches of Public Sector Standards in Human Resource Management in a transparent, fair and timely manner.
2. Policy rules
All employees will comply with the Managing Breach of Public Sector Standards Claims Framework.
3. Responsibility for implementation and compliance
Principals and line managers are responsible for implementation of the policy.
The Executive Director, Workforce is responsible for compliance.
4. Scope
This policy applies to all employees
5. Related documents
Code of Ethics (Commissioner's Instruction No. 7)
Discipline Standard (Commissioner's Instruction No. 3)
Employment Standard (Commissioner's Instruction No. 1)
Performance Management Standard
School Education Act Employees' (Teachers and Administrators) General Agreement (staff only)
Redeployment Standard (Commissioner's Instruction No.11)
Filling a Public Sector Vacancy (Commissioner's Instruction No. 2)
Public Sector Management Act 1994
Public Sector Management (Breaches of Public Sector Standards) Regulations 2005
6. Contact information
Policy manager:
Director, Workforce Policy and Coordination
T: (08) 9264 4135
Policy contact officer:
Manager, Workforce Policy
T: (08) 9264 5040
7. History of changes
| Effective date | Last update date | Policy version no. | |
|---|---|---|---|
| 29 June 2011 | 22 October 2012 | 2.0 | |
| Reference to School Education Act Employees (Teachers and Administrators) General Agreement 2008 updated to 2011 and references to the Public Sector Reform Act 2010 and the Staff Conduct policy removed. D12/0628035 | |||
| 29 June 2011 | 11 July 2013 | 2.0 | |
| Amendments to references to documents as per D13/0222254. | |||
| 29 June 2011 | 14 May 2014 | 2.1 | |
| Section 2 and the guidance in section 4.1.1 and 4.2 updated to reflect regulation changes that provide for the Public Sector Commissioner to recommend, and now direct relief, where it is determined that a breach of Standard has occurred. The title Director, Labour Relations has been updated to Director, Employee Relations. D14/0235146 | |||
| 29 June 2011 | 5 August 2014 | 2.2 | |
| Breach claims are managed by Workforce Policy and Coordination. Contact and position details updated to reflect this. D14/0363117 | |||
| 28 March 2017 | 28 March 2017 | 3.0 | |
| Major review undertaken. Policy recast into new policy format with mandated Managing Breach of Public Sector Claims Framework (D16/0667967). Endorsed by the Director General at Corporate Executive on 28 November 2016. | |||
| 28 March 2017 | 12 September 2018 | 3.1 | |
| Updated legislation links D18/0207680. | |||
| 15 February 2022 | 4.0 | ||
| Managing a Breach of Public Sector Standards Claim policy has undergone a major review. Endorsed by Director General on 1 December 2021 Summary of changes to the Managing a Breach of the Public Sector Standard Claims policy and framework on Ikon (staff only). | |||
8. More information
This policy:
Managing a Breach of the Public Sector Standard Claims Policy v4.0
Policy and all supporting documents:
Managing a Breach of the Public Sector Standard Claims Policy Bundle
Framework
Managing a Breach of the Public Sector Standard Claims Framework
Policy review date
15 February 2025