Public Administration (Review of Actions)
Regulations 2005
S.R. No. 174/2005
TABLE OF PROVISIONS
Regulation
Page
1.
2.
3.
4.
5.
6.
7.
8.
Objective
Authorising provision
Commencement
Revocation
Definitions
Initial review process
Referral to Public Sector Standards Commissioner
Application to Public Sector Standards Commissioner for
review of failure to commence initial review
9.
Application to Public Sector Standards Commissioner for review
without an initial review
10. Conduct of reviews by Public Sector Standards Commissioner
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ENDNOTES
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STATUTORY RULES 2005
S.R. No. 174/2005
Public Administration Act 2004
Public Administration (Review of Actions)
Regulations 2005
The Lieutenant-Governor, having assumed the administration
of the government of the State, with the advice of the
Executive Council, makes the following Regulations:
Dated: 20 December 2005
Responsible Minister:
STEVE BRACKS
Premier
RUTH LEACH
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to prescribe
the processes for the review of actions taken
within public service bodies relating to the
employment of employees.
2. Authorising provision
These Regulations are made under section 112 of
the Public Administration Act 2004.
3. Commencement
These Regulations come into operation on
1 January 2006.
4. Revocation
The Public Administration (Reviews) Regulations
20051 are revoked.
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5. Definitions
In these Regulations—
"initial review" means a review under
regulation 6;
"the Act" means the Public Administration Act
2004.
6. Initial review process
(1) Each public service body Head must establish a
process for the review of action taken within the
public service body that relates to the employment
of an employee who considers the action to be—
(a) unfair; or
(b) inconsistent with—
(i) the Act; or
(ii) these Regulations; or
(iii) any standards issued under
section 64(5) or 66(2) of the Act.
(2) The review process—
(a) must require the rules of natural justice to be
adhered to; and
(b) may provide for mediation or conciliation of
the application; and
(c) must be conducted as quickly, and with as
little formality, as a proper consideration of
the matter allows; and
(d) must require an application by an employee
to be lodged within a specified period after—
(i) the day on which the employee was
notified of the action to which the
application relates; or
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(ii) if the employee was not notified of the
action, the day on which the employee
became aware of the action—
unless the public service body Head is
satisfied that the circumstances justify
acceptance of an application lodged after that
period; and
(e) must require an application to be in writing,
to be signed by the employee making it and
to specify—
(i) the action to which the application
relates; and
(ii) the name and title of the decisionmaker or person who authorised or took
the action; and
(iii) the basis of the employee's complaint
against the action; and
(iv) the remedy sought, if any; and
(v) the date on which the action was taken;
and
(vi) the date of the notification of the action,
or, if the employee was not notified, the
date on which the employee first
became aware of the action; and
(f) subject to paragraph (g), must require the
public service body Head to make reasonable
enquiries or investigations prior to the
making of a determination and, for that
purpose, may allow the public service body
Head to appoint any person or body
unconnected with the action or any
investigation concerning the action
commenced prior to the appointment to
conduct the review; and
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(g) may allow the public service body Head to
decline to conduct a review if the public
service body Head considers that—
(i) the matter is frivolous, vexatious or
lacking in substance; or
(ii) the applicant does not have sufficient
personal interest; or
(iii) the matter is the subject of a complaint
under the Equal Opportunity Act
1995 or a proceeding in any court or
tribunal initiated by the applicant; or
(iv) the matter could more appropriately be
the subject of a complaint under the
Equal Opportunity Act 1995 or a
proceeding in any court or tribunal; and
(h) must not allow legal representation unless
the person conducting the review considers
that either party would be at a significant
disadvantage in the absence of legal
representation.
(3) The period specified under sub-regulation (2)(d)
must not be less than—
(a) 7 days if the action to which the application
relates is a proposed appointment or
promotion; or
(b) 28 days in any other case.
7. Referral to Public Sector Standards Commissioner
(1) An employee may, by notice, require a public
service body Head to refer an application for
initial review to the Public Sector Standards
Commissioner for review of the process for the
initial review, if the employee considers that the
process—
(a) was unfair; or
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(b) failed to comply with—
(i) the Act;
(ii) these Regulations; or
(iii) standards issued under section 64(5)
or 66(2) of the Act.
(2) A notice must be given under sub-regulation (1)
within the following period after the day on which
notice of the decision on the initial review was
given to the employee—
(a) 7 days if the action to which the application
for initial review relates is a proposed
appointment or promotion; or
(b) 28 days in any other case—
unless the Public Sector Standards Commissioner
is satisfied that the circumstances justify
acceptance of the referral after that time.
8. Application to Public Sector Standards
Commissioner for review of failure to commence
initial review
(1) If—
(a) an employee applies for an initial review;
and
(b) the public sector body fails to commence the
initial review within 30 days after receiving
the application—
the employee may apply to the Public Sector
Standards Commissioner for review of the failure
to commence the initial review.
(2) An application must be made under subregulation (1) no earlier than 40 days, and no
later than 70 days, after the public service body
received the application for initial review unless
the Public Sector Standards Commissioner is
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satisfied that the circumstances justify acceptance
of the application after that time.
9. Application to Public Sector Standards
Commissioner for review without an initial review
Despite any process established by a public
service body Head as required by regulation 6, an
employee may apply to the Public Sector
Standards Commissioner for review of action
taken within the public service body that relates to
the employment of the employee if—
(a) the employee alleges that the action
constitutes victimisation or harassment of the
employee for having made a previous
application to the Public Sector Standards
Commissioner for review; and
(b) the public service body Head is alleged to
have personally taken the action or is the
primary decision maker.
10. Conduct of reviews by Public Sector Standards
Commissioner
(1) For the purposes of a review, the Public Sector
Standards Commissioner may appoint any person
or body unconnected with the initial review, the
action or any investigation concerning the action
prior to the appointment to conduct the review.
(2) For the purposes of a review, the Public Sector
Standards Commissioner may—
(a) require the public service body Head to
provide him or her with information or
documents; and
(b) interview any employee in the public service
body.
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(3) A review must be conducted—
(a) as quickly, and with as little formality, as a
proper consideration of the matter allows;
and
(b) in accordance with the rules of natural
justice.
(4) The parties to a review are not to be legally
represented unless the person conducting the
review considers that either party would be at a
significant disadvantage in the absence of legal
representation.
(5) The Public Sector Standards Commissioner may
decline to conduct a review if the Public Sector
Standards Commissioner considers that—
(a) the matter is frivolous, vexatious or lacking
in substance; or
(b) the applicant does not have sufficient
personal interest; or
(c) the matter is the subject of a complaint under
the Equal Opportunity Act 1995 or a
proceeding in any court or tribunal initiated
by the applicant; or
(d) the matter could more appropriately be the
subject of a complaint under the Equal
Opportunity Act 1995 or a proceeding in
any court or tribunal.
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Endnotes
S.R. No. 174/2005
ENDNOTES
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Reg. 4: S.R. No. 16/2005 as amended by S.R. No. 52/2005.
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