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Managing a Breach of the Public Sector Standard Claims Policy

Version:

4.0

Effective date:

15 February 2022

policy

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)

Grievance Resolution Standard

Performance Management Standard

School Education Act Employees' (Teachers and Administrators) General Agreement (staff only)

Termination Standard

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

Public Sector Standards in Human Resource Management

Employee Performance

Recruitment, Selection and Appointment

Secondment

Staff Conduct and Discipline

Breach claims - An agency guide

Breach of Standard claims – Claimant guide

Code of Conduct and Standards (staff only)

Commissioner’s Instruction – Employment Standard: Questions and Answers

Commissioner’s Instruction – Filling a Public Sector Vacancy: Questions and Answers

Grievance Framework

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

Framework

Managing a Breach of the Public Sector Standard Claims Framework

This policy:

Download policy PDFManaging a Breach of the Public Sector Standard Claims Policy v4.0


Policy and all supporting documents:

Download Policy Bundle ZIPManaging a Breach of the Public Sector Standard Claims Policy Bundle


Framework

Download PDFManaging a Breach of the Public Sector Standard Claims Framework


Policy review date

15 February 2025