HR

Questions and Answers
Principles in Human Resource Management
October 2008
Public Sector Standards in Human Resource Management – Questions and Answers

CONTENTS
PURPOSE OF THE QUESTION AND ANSWER PACKAGE ................................................................................................................................................................................................................. 3

THE PRINCIPLES .................................................................................................................................................................................................................................................................................. 3
THE STANDARDS ................................................................................................................................................................................................................................................................................. 3
APPLICATION / ADHERENCE TO STANDARDS ................................................................................................................................................................................................................................. 3
DISCLAIMER ......................................................................................................................................................................................................................................................................................... 3
DEFINITIONS ......................................................................................................................................................................................................................................................................................... 4
1. RECRUITMENT, SELECTION AND APPOINTMENT ....................................................................................................................................................................................................................... 5
1.1 General Issues about RSA ....................................................................................................................................................................................................................................................... 5
1.2 Description of the job ............................................................................................................................................................................................................................................................... 7
1.3 Advertising and Searches ........................................................................................................................................................................................................................................................ 8
1.4 Pools....................................................................................................................................................................................................................................................................................... 12
1.5 Job Applications..................................................................................................................................................................................................................................................................... 12
1.6 Selection Process.......................................................................................................................................................................................................................... Error! Bookmark not defined.
1.7 Bias and Conflicts of Interest ................................................................................................................................................................................................................................................ 19
1.8 Referee reports ........................................................................................................................................................................................................................................................................ 20
1.9 Selection Panel ....................................................................................................................................................................................................................................................................... 21

2. DISCIPLINE .................................................................................................................................................................................................................................................................................... 23
3. GRIEVANCE RESOLUTION ........................................................................................................................................................................................................................................................... 25
4. PERFORMANCE MANAGEMENT .................................................................................................................................................................................................................................................. 27
5. REDEPLOYMENT ........................................................................................................................................................................................................................................................................... 31
6. SECONDMENT ............................................................................................................................................................................................................................................................................... 33
7. TEMPORARY DEPLOYMENT (ACTING)........................................................................................................................................................................................................................................ 37
8. TERMINATION ................................................................................................................................................................................................................................................................................ 40
9. TRANSFER ..................................................................................................................................................................................................................................................................................... 42
Principles in Human Resource Management –Questions and Answers Page 2

HUMAN RESOURCE MANAGEMENT QUESTIONS AND ANSWERS
PURPOSE OF THE QUESTION AND ANSWER PACKAGE APPLICATION / ADHERENCE TO STANDARDS

The purpose of this Question and Answer Package is to assist public Employing authorities are responsible for the development and
sector bodies and employees to increase their understanding about the implementation of human resources management policies and practices
interpretation and application of the HRM principles and Standards. Other consistent with the principles and Standards. Employing authorities
Questions and Answer packages on ethical principles and codes are also should:
available.  Introduce awareness-raising and educational programs about the
The issues discussed are not precedent or law, merely interpretation of the principles and Standards.
principles and Standards based on issues frequently raised by public  Ensure that human resource policies, practices and procedures, if
sector bodies, employees and the public. The information provided is to correctly followed, comply with the principles and Standards.
assist in the decision making process. They are not definitive statements,
nor should they be interpreted as official policy.  Report annually on compliance with the principles and Standards (s.31
of the Act)
THE PRINCIPLES The Commissioner for Public Sector Standards will monitor compliance
The human resource management principles covered by Section 8 of the with the principles and Standards and report to Parliament at least
Public Sector Management Act 1994 (the Act) which the Commissioner is annually.
responsible for monitoring are:
DISCLAIMER
a) All selection processes are to be directed towards, and based
upon, a proper assessment of merit and equity. This Q&A package is not exhaustive. While it attempts to address the key
points of each Standard, there will be many issues and situations that
b) No power with regard to human resource management is to be cannot be predicted.
exercised on the basis of nepotism and patronage.
We invite your feedback on any of the questions covered in this Q&A or
c) Employees are to be treated fairly and consistently and are not to any new questions you would like to see covered.
be subjected to arbitrary and capricious administrative acts.
THE STANDARDS
The minimum standards of merit, equity and probity apply to all public
sector bodies and employees, as specified in the Public Sector
Management Act 1994.
The Standards reflect the general principles of human resource
management, particularly those about merit, equity and probity. They are
designed to focus on outcomes, including diversity, rather than process.

DEFINITIONS
For the purposes of this document the following terms mean:
 Act - Public Sector Management Act 1994
 Regulations – Public Sector Management (Breach of Public Sector
Standard) Regulations 2005.
 Commissioner – Commissioner for Public Sector Standards
 Conciliation and Review Officer – Independent conciliation and review
officer as per Public Sector Management (Breach of Public Sector
Standard) Regulations 2005
Contacting the Office of the Public Sector Standards Commissioner

Level 12, St Martin‟s Tower, 44 St Georges Terrace
PERTH WA 6000
Phone: (08) 9260 6600 Fax: (08) 9260 6611 Free Call:
People who have a hearing or speech impairment, may call the ACE
National Relay Service on 133677 and quote the telephone number
9260 6600.
Email: pssc@opssc.wa.gov.au Website: www.opssc.wa.gov.au

1. RECRUITMENT, SELECTION AND APPOINTMENT
1.1 General Issues about RSA
1.1.1 What does the Recruitment, Selection It covers every type of recruitment – fixed term, casual or permanent. However, for jobs at any level for less
and Appointment Standard cover? than six months, a person cannot claim a breach of standard claim under the Regulations, unless the period of
appointment could be extended or the person appointed could become permanent.
1.1.2 Does the Recruitment, Selection and The RSA Standard covers recruitment and selection processes for CEOs. However, any grievances about a
Appointment Standard cover CEO CEO selection process would need to be directed to the Minister for Public Sector Management, who is the
appointments? employing authority for CEOs.
1.1.3 Does the Recruitment, Selection and No. These processes are covered by the Temporary Deployment (Acting) and Transfer Standards.
Appointment Standard apply to merit Expressions of interest are generally called when an open merit selection process is not used to fill a
selection for acting and transfer temporary vacancy, eg a vacancy of less than six months.
decisions, where expressions of interest
have been called?
1.1.4 Does the Recruitment, Selection and No, because it is not a recruitment process. The Public Sector Management (Redeployment and Redundancy)
Appointment Standard apply to the Regulations 1994 apply. However, the Standards apply where a registered employee applies outside the
selection of registered employees redeployee process for positions that have been advertised.
(redeployees)?
1.1.5 Who is an eligible applicant for an Anyone who applies for a job advertised in the press or via Jobs WA.
advertised public service position?
1.1.6 Does a private sector recruitment firm Yes, because they are acting as an agent of the Chief Executive Officer (CEO) who is obliged to comply with
contracted by an agency have to comply the Standards. However, they are not the body held accountable. It remains the responsibility of the CEO to
with the Recruitment, Selection and ensure the Standards have been adhered to before making the decision to appoint or not to appoint a person.
Appointment Standard?
Public Sector Standards in Human Resource Management – Questions and Answers

1.1.7 If a private sector recruitment firm is A closing date should be indicated, if an advertisement seeking applications is used. Where possible, this
used to advertise a position, must a should be the same closing date as may be specified to applicants applying for the same job through an
closing date be specified? advertisement in the press or Jobs WA. Agencies need to ensure that the closing date is communicated and
that applicants have a consistent amount of time to apply for a position. If closing dates are different due to
different advertising methods, the latest closing date should apply.
The closing date may not necessarily apply to searches undertaken by a private sector recruitment firm to
obtain a suitable pool of applicants. However, there should be clear direction as to the purpose of the search,
eg obtaining adequate numbers of candidates to improve diversity, seek candidates from overseas, or from
specialist occupations. If the employing authority decides to engage an external recruitment firm to undertake
a search after the original advertisement, all applicants should be notified that the potential pool of applicants
may be extended. This would not be necessary if the advertisement indicated that a search may be
conducted.
1.1.8 What are the responsibilities of private A private sector firm is required to provide a service in accordance with its contractual obligations, which
sector firms involved in recruitment achieves the aim of the public sector agency and in a manner that allows the public sector agency to comply
processes within the public sector in with the RSA Standard and other relevant legislation.
relation to compliance with the
Standards?
1.1.9 What is a search, such as an executive Searches are commonly used to expand a field of applicants when the advertising medium has not produced a
search used for? competitive, diverse and large enough field. Examples of where this may be appropriate include, executive
searches, seeking an increased diversity of applicants to improve the diversity of the workplace, specialised
technical jobs where overseas or private sector candidates are sought. They do not have to have a specific
closing date. However, there should be clear direction as to the purpose of the search and the reasons for the
search should be transparent and capable of review.
Searches may be conducted at the same time as the advertisement, or may occur after applications are
received. Where a search has been conducted, this should be transparent and applicants obtained through the
advertisement should be informed. If the employing authority decides to engage an external recruitment firm to
undertake a search after the original advertisement, all applicants should be notified that the potential pool of
applicants may be extended. This would not be necessary if the advertisement indicated that a search may be
conducted.
1.1.10 What is the role of the agency‟s human Generally, this is to oversee HR policies and practices, ensure they comply with the Standards and ensure that
resource section in the process? people involved in selection processes are appropriately skilled. In particular, the HR section can provide:
 Guidance and administrative support in the interpretation and application of the Standards and
Regulations.
 A quality control check after the selection panel has completed its task, prior to the report going to the CEO
for consideration.

1.1.11 Must the final decisions about The merit selection process assists the employing authority to determine who are the most suitable and
appointment be based only on merit? available applicants for the job. In making the decision who to nominate for appointment, the employing
authority can take into account the legitimate business needs of the agency, including the diversity outcome
sought. The business needs of the agency should be reflected in the JDF and/or agency policy, prior to the
selection process.
Decisions about the appointment nomination must be transparent and capable of being judged as reasonable
based upon merit and identified business needs.
1.1.12 What is meant by an agency‟s diversity The Equal Opportunity Act 1984 enables agencies to provide special measures to ensure equality, based upon
outcomes? the grounds of the Act, including race, gender, age, disability, etc . Under the Act, agencies are also required
to have management plans to achieve equity and diversity outcomes. Accordingly, agencies could include in
advertisements or job information packages that it encourages diversity groups to apply. In the selection
process, they can also incorporate a consideration of diversity as part of the outcomes sought by the agency
(in line with their policies or management plans). For further information about diversity, see the Office of
Equal Employment Opportunity‟s website: www.oeeo.wa.gov.au
1.1.13 How long must RSA records be kept? The retention and disposal of human resource management records (i.e. how long records must be kept and
whether or not they may be destroyed) must be done in accordance with the requirements of the State Records
Office of WA. Information may be obtained from the State Records Office website. The State Records Office
may also be contacted for advice on the use of the Authority and the management of human resource
management records. See http://www.sro.wa.gov.au/government/publications.html for advice.
1.1.14 Must the agency have a recruitment, While it may not be obligatory for agencies to have a policy on recruitment, selection and appointment, there is,
selection and appointment policy? however, an obvious risk of non-compliance in the event that a transaction occurs and the agency has not
been in a position to give appropriate consideration to all matters.
An important aspect of transparency is that policies exist and are readily available to employees. It would
therefore be advisable for the agency to have a policy on recruitment, selection and appointment. This policy
should support compliance with the recruitment, selection and appointment Standard and the breach claims
process covered by the regulations.
1.2 Description of the job

1.2.1 Can work-related requirements include Work-related requirements may include such things. It would need to be demonstrated that they are
such things as values, loyalty, working reasonable, in accordance with organisational direction, policies, relevant industrial awards and agreements
hours specified for the job, flexibility? and are required to adequately fulfil the job and the agency‟s business and diversity needs. Such requirements
would need to be clearly communicated in the job documentation and the assessment of these would need to
be capable of review.
1.2.2 Must eligibility requirements be stated in As long as they are specified, they must be used to assess all applicants. Eligibility requirements, not specified
selection criteria? eg citizenship requirements, should not be used to assess and select applicants.

1.2.3 Can years of experience be used as a The Standard requires an assessment of a person‟s skills, knowledge and abilities as they are relevant to the
selection criterion? job. Years of experience do not necessarily equate to possession of certain skills or abilities and its use as a
selection criteria may exclude people who have achieved the required skills in a shorter time or through
differing experiences. It is important that selection criteria are designed to require applicants to demonstrate
how the quality of their experience equips them to perform the duties of the job and to enable people with a
range of experiences to be considered on their merits.
1.2.4 Must every job have a Job Description The Standard does not specify the use of a job description form (JDF) as such. Documentation must exist
Form (JDF)? which outlines the job and the work-related requirements so that an assessment may be applied that is
transparent and capable of review.
Employing authorities can choose in which form the job is described and published.
1.3 Advertising and Searches

1.3.1 Does each position have to be Once a decision is made to fill a job through the recruitment and selection process, it must be advertised in an
advertised? appropriate way. The Standard does not impose restrictions about where and how positions are advertised.
Approved Procedure 3 and Approved Procedure 4 (refer to Question 1.3.7) apply to the filling of public service
positions and there may be other government requirements from time to time.
Under the Recruitment, Selection and Appointment Standard, the purpose of an advertisement is to increase
the number and diversity of competitive applicants (according to the agency‟s business needs), not to exclude
them at the start of the selection process.
Decisions that limit the scope of advertising must be transparent and capable of being judged as reasonable.
1.3.2 What is the minimum requirement for The Standard imposes no limit or restriction on what should be included in job advertisements, however, they
information in job advertisements? should be transparent in terms of eligibility to apply and the nature and duration of the position.
Advertisements do not necessarily have to contain detailed descriptions of the job and its work-related
requirements. It is important that agencies include in advertising whether the position is permanent or for a
defined period, including any likelihood or possibility of extension or later permanency. If the recruitment action
for a defined period could result in either an acting, secondment or contract arrangement, this should be
indicated in the advertisement, or a general term should be used such as “an opportunity for six months…”
This would enable a broad range of applicants to apply.
If part time and/or flexible work arrangements may be considered, this should also be included in the
advertisement.
The intent of an advertisement is to attract a wide and diverse range of people to the agency, and to encourage
them to seek more detailed information about the job, if they are interested.

1.3.3 What is meant by appropriate The intent of advertising is to attract, not to exclude people.
advertising?
The extent to which an agency‟s advertising strategy is considered appropriate will depend on the
specifications of the job, its location and historic information about where applicants can reasonably be sourced
for that job, and the diversity needs of the agency.
There are some statutory requirements about where jobs must be advertised (eg public service positions must
be advertised in Jobs WA). However, such requirements do not prevent the job also being advertised in other
ways and forums, if it is considered likely that such action will reasonably enhance the pool with competitive
applicants.
A job can be advertised anywhere it is deemed suitable for that job. This may include internal advertising such
as notice boards, electronic bulletins and memorandums, and external advertising such as Jobs WA, The West
Australian, community newspapers, internet, professional journals, recruitment agencies etc. It may also
include appropriate forums to attract applicants from diversity groups , eg Indigenous papers and disability
recruitment agencies.
1.3.4 If a position is advertised as a contract This may depend upon how it was advertised and specific industrial provisions of the agency concerned. If it
position, can it be filled through an may be filled by either acting, secondment, or contract, this should be included in the advertisement or a
acting or secondment arrangements? general term such as “an opportunity for six months…”
1.3.5 If it is decided that no one is suitable, It depends on the circumstances.
and it is decided to advertise again, is
If the agency has decided that no candidate is suitable and makes the decision to not appoint from the
the first process finished, or is it an
selection process, then the original process is finished.
ongoing process? Do applicants have a
right to lodge a claim of a breach of If, however, the agency wishes to supplement the field, for example by readvertising more widely or using
Standards? executive search, then the process is ongoing.
For the purpose of lodging a breach of Standards claim under the Regulations, a recruitment, selection and
appointment process is considered complete once the employing authority decides who is suitable for
appointment, or that no appointment will be made.
The Regulations require that at the completion of the process, all unsuccessful applicants be notified of their
right to lodge a claim.
1.3.6 Can an agency run dual Yes. They can be aimed at different target groups. For example, this happens now when a job may be
advertisements? advertised in Jobs WA and in the State and regional newspapers.
An agency may determine that the best way to attract a wide and diverse range of applicants is to
simultaneously advertise the job in different forums including forums to attract people from different diversity
groups.
If more than one advertisement is used, it is important that they have a common closing date.

1.3.7 What are the requirements about Approved Procedure 3 - Permanent Appointments (Public Service Officers) outlines that:
advertising ?
Where a public service office is to be substantively filled, other than by the movement of a person
without promotion, permanent appointment to that office shall only occur following redeployment
clearance and advertisement of the vacancy in the public service notices (unless otherwise
approved by the Department of the Premier & Cabinet), and compliance with the Recruitment,
Selection and Appointment Standard. The public service notices are now replaced by Jobs WA.
Every officer appointed as a permanent officer to the public service shall normally be on probation
for a period not exceeding six (6) months. An officer who is appointed from the Western Australian
public sector, and who has had at least six (6) months of continuous satisfactory service
immediately prior to their permanent appointment is not required to serve a probationary period,
unless otherwise determined by the employing authority.
Approved Procedure 4- Fixed Term Contract of Service Appointments (Public Service Officers) outlines
that:
“Where a public service office is to be filled, other than by the movement of a person without
promotion, a fixed term contract of service appointment shall only occur following redeployment
clearance and advertising of the vacancy in the public service notices (unless otherwise approved
by the Department of the Premier & Cabinet).
This requirement does not apply where vacancies that are to be filled on a fixed term contract basis
do not exceed six (6) months. However, this exemption does not apply to situations where an
engagement, in the same vacancy or role, initially for less than six (6) months, exceeds six (6)
months in total (eg 2 x 6 months).
For positions that are public sector but not public service, advertising in Jobs WA is optional. From time
to time, there may be government policies that apply to advertising.
See the publications area of the Public Sector Management Division website for further information:
http://www.dpc.wa.gov.au/psmd/pubs/legis/approved/index.html

1.3.8 Can an agency not advertise and use a This would depend on the job and the circumstances. Some examples could be:
previous selection process to appoint
 If the jobs are similar and the time lapse has only been short (say no more than 3-6 months since the
someone to an similar job that becomes
advertisement).
vacant at a later stage?
 If the same job becomes vacant after a short period of time (say no more than 3-6 months, since the
advertisement), eg if the successful applicant is offered another job after a few weeks.
 If the position is in an isolated area, and attracting people to the location has traditionally proved difficult.
 It has been historically difficult to attract people to the job type.
The Standards do not prevent an agency from advertising a job type on the basis that applicants considered
suitable may be considered for appointment, when another vacancy for an identical job type arises, within a
specified period.
Caution needs to be exercised about the time period specified. An extended time period must be capable of
being judged as reasonable. This will depend upon the type of job, the location and history about the likely
source and availability of any new applicants, who could reasonably be considered suitable.
Decisions about the appointment must be transparent and capable of being judged as reasonable.
Agencies may wish to consider the use of pool recruitment processes as a more effective option than
appointing from a previous selection process.
1.3.9 Can applicants be sourced using the The Standard does not prevent employing authorities using search methods as part of the agency‟s normal
advertising and other search methods recruitment and selection process. Once a group of applicants is established, all applicants, irrespective of
typically used by executive search or their source, must be treated in accordance with the Standard.
executive recruitment firms?
1.3.10 If the agency‟s business needs, for The Standard requires that decisions are transparent and capable of review. This suggests that if the agency
example diversity, location or specialty, is going to undertake a proper assessment of the candidates‟ skills, knowledge and abilities, the work-related
are to be used by the employing requirements of the job and the outcome sought by the public sector body, including diversity, then potential
authority to assist in the decision-making applicants should be informed of this intent, prior to commencing the selection process.
process, should this be stated in the
Although it is not necessary to place such information relevant to the decision making in the advertisement, the
advertisement?
application package should include this information to assist transparency and reduce the risk of a breach of
Standards claim being lodged against the agency, should it transpire that such business interests and needs
are subsequently used to determine who would be nominated for appointment to the job.

1.4 Pools
1.4.1 Can an agency advertise and select The Standard does not prevent an agency from advertising a job type, on the basis that people considered
people for a pool, for possible future suitable will be included in a „pool‟. As any vacancies occur for that job type, people considered suitable may
appointment? be offered an appointment to a position.
At the time a person is appointed to the „pool‟, they would not be deemed an employee (if external to the public
sector), nor promoted (if an existing public sector employee). This status would occur only if they were
eventually appointed to a vacancy.
For the purposes of the breach of Standards Regulations, unsuccessful applicants need to be afforded a right
to lodge a claim when the employing authority determines their suitability for inclusion in the „pool‟.
If advertising for selection to a „pool‟, it would be necessary to specify this intent in the advertisement and the
period this would cover. It would not be appropriate to have an open-ended pool.
For Appointment Pool Guidelines see the publications section of the OPSSC website:
http://www.opssc.wa.gov.au
1.4..2 See Pool Guidelines for detailed http://www.opssc.wa.gov.au/documents/hrm/APGuidelines.pdf
information on pools
1.5 Job Applications

1.5.1 Can agencies use electronic application Yes. They must be capable of communicating the same level of information as an equivalent hard copy format.
forms as legitimate applications? An electronic form is considered to be a legal document and forms part of the public record. Accordingly, they
are subject to the same confidentiality, storage and disposal rules and they can be subject to Freedom of
Information requests.
1.5.2 Can an applicant be rejected if they Some caution needs to be expressed about administering rigid policies about the length of job applications.
have not followed the agency‟s
The Standard does not specify that applicants need to include in their application specific headings for each of
application kit instructions eg prescribed
the selection criteria or work-related requirements of the job.
length of application, addressed each
criterion etc? Any information obtained must be fairly assessed. Applicants need to provide sufficient information for the
employing authority to assess their suitability against the work-related requirements of the job.
If agencies prefer to have shorter job applications, it could be expressed in the advertisement as part of its
assessment of the applicant‟s communication skills, or ability to write concisely.

1.5.3 Can applicants be advised of the breach The Standard requires that decisions are capable of review, therefore applicants must be informed about the
claim process in the initial application kit process for lodging a breach of Standard claim as provided for under the Regulations. It is good practice to
or part way through a process eg after provide information in the application kit.
short-listing?
The timing of when applicants are informed that they are unsuccessful, may depend on the size of the process
being carried out.
From a logistical perspective, it is often more appropriate to inform all unsuccessful applicants at the end of the
process. Even if candidates are advised informally that their application is unsuccessful, the employing
authority should advise candidates formally of the decision to appoint or not appoint, and their rights to lodge a
breach of Standard claim at the end of the process as claims cannot be made until the process is completed.
1.5.4 Can late applications be accepted? Custom and practice is that employing authorities will not accept late applications, unless there are exceptional
circumstances. This would be consistent with employing authorities meeting their responsibility to ensure fair
treatment for candidates who did lodge their applications in the time provided.
Legal advice has confirmed that where a closing date is stipulated, late applications should not be considered.
Late applications should only be admitted for assessment if it can be shown that they were mishandled by the
employing authority or by an official postal or telecommunications service.
1.5.5 If an applicant omits a page of their If it appears to have been accidentally omitted, then it would not be unreasonable for it to be accepted.
application, can it be accepted after the
Provision should not be made for an applicant to add further information, if it is not apparent that an accidental
closing date?
omission has been made. Additional information cannot be accepted, as it may disadvantage people who
submitted their full application on time.

1.6.1 What constitutes a proper assessment? A recruitment process has a number of components, and there is flexibility for your agency within the RSA
Standard in how you develop the process.
In summary, to make a proper assessment the panel may want to:
• examine each candidate‟s claims or CV as claims to the position (that is, the panel‟s judgement from the
material available as to the suitability of the person to do the job);
• seek to verify the candidate‟s relevant claims (for example, an external assessment as to the suitability of the
1
person to do the role such as a work test or referee report ). The extent of verification may vary depending on
the context of the position – for acting roles of 6 months or less, these may be regulated by internal agency
policy which is fair and consistent; and
• prior to final signing off, have someone scrutinise the process for robustness (in other words, would an
independent person consider the panel‟s approach met the principles of merit based assessment?). Here a
quality assessment of the process can be useful before finalising the decision; see the OPSSC sample
template Quality Assessment Checklist on our website at
www.opssc.wa.gov.au/recruitment/documents/Indep%20Ass%20form.doc
Making a proper assessment is a safeguard for s8 of the Public Sector Management Act 1994 which outlines
the general principles of human resource management public sector agencies must comply with.
(See our online tool „The Right Path to the Right People‟ for guidance on each stage of the recruitment
process: Getting Ready; Advertising and Attracting; Assessing and Selecting
www.opssc.wa.gov.au/recruitment/index.htm)
1
Panel members can be referees as the „independence‟ of the verification is of the candidate‟s claims, not of the panel‟s assessment.
1.6.2 Can different selection methods be This depends upon the nature of the job and the needs of the person. The intent should be to enable all
applied to different people in the same applicants to effectively present their capability to do the job. Assessment techniques commonly used may not
process in the name of equity or be suitable for some people from different cultural backgrounds or for some people with some disabilities.
diversity? Methods used should be transparent and capable of being judged as reasonable. Provision could be made in
agency policy to allow for different methods. While assessment methods may change in accord with individual
needs (including diversity), the work-related requirements used as the basis for determining merit must remain
the same.

1.6.3 Must there be an interview? While custom and practice has been that an interview is part of the selection process, the Standards do not
specify that an interview must be used. Employing authorities need to obtain enough information to be able to
make a proper, fair and thorough assessment of an application. An interview is only one tool (among many),
for obtaining information about an applicant.
Whether an interview is used or not, the agency must be able to demonstrate that it has used a process that
has enabled the proper and fair assessment of the applicant‟s skills, knowledge and abilities, relevant to the
job. There has often been an over-reliance on the interview in selection processes. Research shows that
selection decisions are improved if a variety of appropriate selection tools are used.
1.6.4 Do all people have to be interviewed the While interviews do not have to be identical for all applicants, the theme of questions should be similar.
same way? Can different techniques be Essentially, the questions must be capable of giving interviewees a fair chance of providing information about
used to assist in achieving equity and their skills, knowledge and abilities relevant to the requirements of the job. Treating people differently
diversity according to their needs may be necessary to allow them an equal opportunity to present their capability to do
the job.
Probing questions may be asked. This assists to clarify information provided by the applicant in response to
the original question.
For applicants from diverse backgrounds, the questions may need to be expressed differently. Assistance in
these matters can be obtained from the Office of Equal Employment Opportunity Website:
www.oeeo.wa.gov.au
1.6.5 How should rating and/or scoring Whether used in the short listing and/or interview process, scoring sheets, or grids do not provide the definitive
methods be used? judgement on who is the best applicant on merit. They only provide a guide to decision making. The
combination of other factors like quality/content of applications, interview responses, referee comments and
information from other valid sources, should determine who is the best applicant when making an overall
assessment.
1.6.6 Can questions be given to applicants Yes, as long as it is done in a consistent way and doesn‟t advantage or disadvantage any candidate. Caution
prior to the interview? should be exercised so that applicants don‟t leave with the questions. It would be unfair for other applicants to
obtain a copy in advance of their interview.
1.6.7 Can “icebreaker” or “relaxing” questions It is reasonable to ask questions or make small talk that may help an interviewee feel at ease prior to the formal
be used in the assessment? questions being asked. The information gained from such a conversation cannot be used in the assessment,
unless it is job related.
1.6.8 Can work related requirements be If it is considered appropriate to weight criteria, it must be done at the beginning of the process. All applicants
weighted and when can this happen? need to be informed of the weighting at the outset so that these can be taken into consideration in their
application.
1.6.9 Does every bit of information offered by All job related information should be considered. It is the role of the selection panel to determine what
an applicant need to be considered? information is relevant, and the extent to which this assists in the assessment of each applicant‟s skills,
knowledge and abilities.

1.6.10 Who is responsible for verifying While the onus is on the applicant to demonstrate that their stated qualification(s) meets the requirement of the
qualifications? job, the final responsibility rests with the agency to check the veracity, validity and equivalence of an applicant‟s
qualifications. The applicant may be required to produce documentary proof. In some instances appointment
will be conditional upon a qualification or registration with a professional body. Failure to demonstrate this
would make the appointment invalid as the candidate is unable to meet a primary requirement of the job.
1.6.11 How do selection panels assess An agency can include a specific qualification, or related discipline, as an essential criterion for a position.
qualifications? Where a selection criterion requires applicants hold a certain qualification the appropriate assessment is
generally “meets” or “does not meet” - they either hold the qualification or not. Information in the job ad or
applicant’s information kit will make it clear if qualifications are to be rated by the panel and how that
assessment will be made. Graduate Recruitment programs are one type of selection process where results
attained in a qualification could be relevant and rated in a selection process.
1.6.12 Is a qualification required to do the job? An agency should look hard at the work related requirements of the job when determining if a qualification is
essential. Whether qualifications are required or not to do the job is a matter for agencies to determine. The
standard does not set down specific job requirements, but it does require a proper assessment be conducted.
A proper assessment must be based on the work related requirements.
1.6.13 How is an assessment of an „equivalent‟ When an applicant claims to have an equivalent qualification to the one requested, the onus is on them to
qualification made? produce documentary proof of the equivalency. The agency can include in the job ad that applicants seek the
appropriate accreditation from the accrediting organisation before applying, especially when advertising to
attract overseas applicants. The final responsibility rests with the agency to check the veracity, validity and
equivalence of that qualification. The panel should always seek advice on this from the appropriate accrediting
body or organisation. A panel deciding what is, or is not, an equivalent qualification should document the
decision and the basis for making that decision in the selection report.
1.6.14 Can an appointment be made which is This may occur in some circumstances, where verification of certain conditions is required. These may include
subject to certain conditions? verification of qualifications, police clearances, citizenship or work visas.
1.6.15 Can a person be assessed using a This would not be appropriate. The selection methods used must be open and transparent. Applicants need to
method they are unaware is being used be informed of how their skills, knowledge and abilities are to be assessed.
(eg having interpersonal skills assessed
by the receptionist)?
1.6.16 What happens if a shortlisted applicant Within reason offer another date, location etc or if practicable, offer alternatives such as telephone, video link
cannot be interviewed on the scheduled etc.
day?
If the panel genuinely believes that the applicant is frustrating the process by being unrealistic about interview
availability, consideration may need to be given to excluding that person from the process.
The attempts made and the reasons for exclusion of an applicant in those circumstances should be
documented.

1.6.17 What do we mean by an open process? To be open, the job and relevant information must be available to any eligible person. The process must also
Is this the same as being transparent be transparent. That is, it must be capable of being examined by an independent person and documented well
(individual bias and process bias)? enough for a reasonable person to understand how and why the decision was made.
1.6.18 Must diversity be included in the No. The Standard provides the flexibility for agencies to consider its diversity requirements in making decisions
selection process? about who may be appointed, once the merit of all applicants has been properly and fairly assessed. However,
it is in an organisation‟s best interests to consider if its diversity needs, along with other outcomes sought by
the agency, can be met by the selection process.
1.6.19 Can advertisements include the Advertisements should encourage a diverse range of people to apply.
agency‟s diversity needs?
If an agency intends to take specific diversity needs into consideration when it makes the final appointment
decision, once the merit of all applicants have been assessed, it would be wise to specify this information in the
advertisement.
The Equal Opportunity Act 1984 enables agencies to provide special measures to ensure equality.
Accordingly, an agency could include in advertisements or job information packages that it encourages
diversity groups to apply in policy or management.
This will not exclude other persons from applying, or mean that the final selection will be based on diversity
issues alone. The merit of all applicants must be assessed according to the work-related requirements of the
job. Once the suitability of applicants has been determined through their respective merit, the agency‟s
diversity needs along with outcomes sought by the agency could then be used to assist in the final appointment
decision.
All selection decisions must be capable of review, and being judged as reasonable.
1.6.20 Must applicants considered suitable, The purpose of the merit assessment process is to determine the suitability of each of the applicants.
according to the merit assessment
The Standard does not specify that all applicants judged as suitable must be ranked in strict numeric order.
process, be ranked by the panel?
Agencies could choose from the group of suitable applicants, based on the outcomes sought by the agency,
including its diversity needs.
However, final appointment decisions must not be based on unlawful discrimination, nepotism or patronage.
This means that when agency outcomes are to be used to make a final decision, these should be identified
prior to the selection process and clear information should be available to support the agency‟s decision.
Where ranking is not used, decisions about the final appointment decision must be open and transparent and
capable of being judged by an independent person as reasonable.
1.6.21 If there is only one person applying for a Provided the job description is fair and reasonable (i.e. reflects the requirements of the job) and is advertised
job, does this mean it is not a openly, then it is competitive. However, before proceeding, the agency should assure themselves that the job
competitive process? description and the advertising method used did not have the effect of discouraging people from applying.

1.6.22 If someone has not addressed all of the Yes. The Standard does not require applicants to include in their application specific headings for each of the
criteria headings, should they still be selection criteria or work-related requirements of the job.
assessed?
Applicants need to provide sufficient information for the employing authority to easily assess their suitability
against the work-related requirements of the job.
To simply exclude an applicant because their application did not have some or all of the criteria headings may
not be in accord with the Standard.
1.6.23 Confidentiality: when does it matter? Confidentiality is important throughout the entire process; however it becomes especially critical when a breach
of it might materially affect the outcome of the process, eg. where the contact person is an applicant, or when
the written questions are being provided to some applicants and not others.
1.6.24 What does “outcomes sought by the This refers to the agency‟s business needs. This includes diversity, achieving strategic aims, core business
public sector body mean?” requirements, meeting its performance expectations and meeting corporate needs such as diversity. In a
selection process, this may mean decisions are partly based on what the agency needs to achieve, an
appropriate mix of skills in a team and adequate mixture of diversity, knowledge and work backgrounds to meet
client or corporate needs.
1.6.25 Does the process have to be The Standard requires that decisions are transparent and capable of review. This normally implies that there
transparent and capable of review (not should be records kept that would be sufficient for an independent person to understand how a decision was
just the decisions)? reached. The decisions that give rise to the appointment of a person should be capable of review. This is
facilitated by an open process that is documented, and has support material (eg. Selection grids, interview
notes etc) readily available, if required.
1.6.26 Does an open process mean anyone To ensure natural justice, an applicant should have the right to view documentation about their assessment
can have access to any/all of the (but not about the assessment of others).
documentation including referee reports,
A person also has the right to view the documentation in relation to policies and procedures that relate to the
panel notes etc?
recruitment, selection and appointment process of the agency.
The agency is not bound to provide applicants with a copy of the selection report, other than excerpts that refer
to them. Information about other applicants must not be released.
1.6.27 Does transparency and capable of The decision about the selection process, including the decision to appoint a person or not appoint a person to
review mean everything must be a job, must be impartial and transparent. Documentation about decisions made should be sufficient for a
documented? reasonable person to understand how and why the decision was made. This does not have to be a lengthy
document (refer to Innovative Recruitment document available on www.opssc.wa.gov.au) . It should describe
clearly and concisely the selection method used, and demonstrate that the claims of all applicants were
properly assessed against the work requirements of the position. The Standard does not require long
descriptions or verbatim transcripts.
While documentation is desirable for all processes and decisions, extensive details are not always possible or
practicable. Some processes and decisions may be capable of review through interviews with decision
makers, and an examination of support material (eg short-listing matrix, panel notes etc).

1.6.28 When is the process completed? For the purposes of the Regulations, once a decision is made to either appoint a person or not appoint any
person from the field of eligible applicants, the process can be considered complete. This would include
situations where the agency determines, at the short-listing or interview stage, that none of the applicants are
suitable.
1.6.29 What represents the decision (ie the The decision is essentially that of the employing authority (CEO) or delegated authority to appoint a person , or
final decision)? to not appoint any person. The recommendation report from the selection panel/person is not the final
decision. The panel‟s role is to provide information to assist the employing authority to make a decision.
1.6.30 What is the role of the Chief Executive In accord with the Act, the CEO or CE must take the ultimate responsibility for the selection decision, and for
Officer) CEO or Chief Executive (CE) in compliance with the Standards Regulations and the general principles of the Act.
the process?
1.7 Bias and Conflicts of Interest

1.7.1 What is meant by bias? Bias occurs when a person who is a decision maker is, for some reason, giving an advantage or disadvantage
to a person or group of persons, based on their previous dealings with them, their personal views about a
group of people and/or other inappropriate external interests. In testing bias it is important that objective and
not subjective tests are used. The test is that of the „reasonable person‟ who can determine the facts, and then
assess whether or not, based on these, a reasonable apprehension of bias exists.
The acceptance of an appointment to be a member of a selection panel, does not in itself indicate bias, eg
where a manager of an applicant is on a panel and is aware of that person‟s performance. A work relationship,
also, does not indicate bias. There must be a presumption initially that any person who fulfils such a role is not
doing so to act in an improper way. For a person to be removed from a panel because of bias, there needs to
be clear evidence or material suggesting an actual conflict of interest or that bias exists. The sort of things that
may create bias or a reasonable perception of bias, include where a relative is an applicant, or when an
applicant has an ongoing or recent grievance relating to an unresolved personal conflict with a panel member.
1.7.2 What is meant by unlawful Unlawful discrimination is discrimination against any person on those grounds specified in the Equal
discrimination? Opportunity Act 1984 (eg sex; age; race; pregnancy; marital status; family responsibility or family status;
religious conviction; political conviction and impairment). Unlawful discrimination may be either direct, or
indirect. Direct discrimination occurs when a person or group is treated less favourably on the basis of a
particular attribute or characteristic defined in the Act. Indirect discrimination is concerned with policies and
practices that may appear neutral but that have a disproportionate impact on a particular group. Indirect
discrimination does not involve intention or even awareness and may result from the continuation of past
practices or policies.
1.7.3 What is nepotism? Nepotism is when a member of one‟s family is treated more favourably than someone who is not a member of
one‟s family. It involves making decisions based on a family relationship and not on merit.

1.7.4 What is patronage? Patronage means giving special consideration or a favour to a person due to a close personal relationship.
This commonly relates to the control of appointments, or development opportunities. This relates to personal
friendships, not work relationships such as colleagues or managers where there is no relationship outside of
work.
1.7.5 What does “freedom from bias” mean? Freedom from bias means that the documentation and selection process would not favour one person or group
of people to the exclusion of others, who may well be competent at the job. An example can be drawn from
history, when police officers had to be a certain height to be recruited. Although it would appear that this was a
rational criterion, groups of people were inappropriately excluded from applying for the police service and
therefore it was not valid.
1.7.6 Can the contact person for a job also be It is not appropriate for a person who may be an applicant for a job to also be the contact person for enquiries
an applicant? about the job, as this represents a conflict of interest.
1.8 Referee reports

1.8.1 What is the effect of referee reports on Referee reports may be used as one of the ways to obtain information about the applicant‟s capacity to meet
the selection decision? the work-related requirements, as observed by the referee. Referee reports are a legitimate part of a selection
process, but generally, they are not used by themselves. They should be used in conjunction with other
selection tools to increase the validity of the selection process. Referee comments should be sought based on
the work related requirements and selection criteria.
When agencies use referees they may consider maximising their validity by:
Ensuring questions asked and information provided relates to the selection criteria and job
requirements and comments provided are documented against the criteria.
Considering adverse comments in conjunction with all other available information provided by the
applicant e.g. information from short listing and is tested during interview and other selection methods.
Assessing adverse comments in consideration of any past relationship e.g. after seeking comment
from the applicant.
Advising applicants prior to contacting non nominated referees and offering them the opportunity to
comment.
Using a current or recent supervisor.
Using 360 referee reports e.g. supervisors, peer, and subordinates.
Informing referees that referee comments are an important part of feedback to candidates. Referees
should be advised that their comments are accessible.
Referee comments should preferably be in writing (either from the referee, or notes taken by the panel if the
referee‟s comments are taken orally). It is recommended that, prior to nominating a referee(s), a candidate
discuss with that referee(s) what the referee is likely to say to the Panel.
1.8.2 Does the applicant have the right to If an applicant expresses concern about their referee‟s comments, this is not a matter for the panel to resolve.
respond to an adverse referee report? It is up to the applicant to take this up separately with the referee.

1.8.3 Can the panel use a referee who was Yes, but the applicant should be informed and given an opportunity to comment on any possible bias of the
not nominated by the candidate? referee or limitations on their ability to comment on the applicant.
Referees contacted by the agency in these circumstances must legitimately have been in a position to have
observed the applicant‟s work-related skills, knowledge and abilities.
1.8.4 Should referee reports be written? Preferably they should be written at the time they are obtained (either by the referee or the panel member
taking appropriate notes) and confirming them verbally or in writing with the referee.
1.8.5 What if a panellist is a referee? If a panel member is a referee, they should submit their report against the selection criteria, prior to the
commencement of the short-listing process.
1.9 Selection Panel

1.9.1 If a person on a selection panel is This in itself does not mean there is nepotism. However, it could give cause to a perception of a conflict of
related to an applicant, is that nepotism? interest that would need to be managed appropriately. Such relationships should be declared and documented
at the earliest opportunity. The agency would need to assess the declaration and decide if it is reasonable for
that person to continue to be involved in the selection process. In most instances, in order to avoid nepotism or
a perception of nepotism, it would be necessary for that person to remove themselves from the Panel.
1.9.2 Can the selection panel change Yes, however, it is best avoided if possible. The time when it occurs in the process is important. If it happens
personnel during the process? at the very beginning of a process it may not be too late to change. However, caution should be exercised
about replacing a panel member late in the process. In such circumstances, it may be more prudent to leave
that panel position vacant for the remainder of the process.
1.9.3 Does the CEO have to accept the The panel does not have the authority to appoint a person. Its role is to provide information to the CEO (as the
recommendation of the selection panel? employing authority), to assist the CEO to decide who should be offered an appointment. Ultimately the CEO
is empowered under s.29 of the Act to appoint, and accordingly is not bound by the panel‟s recommendations.
Any deviation from the panel‟s recommendation by the CEO is subject to the Standards and Regulations and
should be documented and capable of being judged as reasonable.
1.9.4 Can there be different selection panels For particularly large selection processes, an agency may consider it more effective to utilise different panels at
for one process? various stages of the process. In doing so, it is important that the agency ensure that a consistent approach is
adopted by each panel and that they are adequately briefed about their role.
1.9.5 What can a panel member do if they If it cannot be resolved at the panel level, the panel member can write a minority (or dissenting) report. This
disagree with the other members of the will need to be provided to the CEO along with the panel‟s report for consideration.
selection panel, or are dissatisfied with
the process?

1.9.6 Can the applicant challenge the If an applicant believes that a panellist may be biased, this should be raised at the earliest opportunity with the
composition of the panel? employing authority. Just because a challenge is made does not mean the composition of the panel should
change. The agency would need to assess the claim to ensure there is not a conflict of interest that could later
jeopardise the selection process. Any challenge and the action taken should be documented.
1.9.7 What is meant by conflict of interest? Conflict of interest is where a person involved in the recruitment process, or making a recruitment decision,
has personal interests which could, or could be perceived to, influence their decision(s). This may include
where a close relative is an applicant, or where financial dealings exist with an applicant. Where a person has
personal interests, they may be biased against, or in favour of, a particular applicant and should be removed
from the process.
1.9.8 What should happen when there is a Where there could be a real or perceived conflict of interest, the person should raise this with the panel, or
conflict of interest? other appropriate authority. The circumstances of the conflict of interest should be considered, and where a
conflict is found to exist, or where a reasonable person may perceive there is a conflict, then the person should
be removed from the process.
1.9.9 How should a conflict of interest be dealt A conflict of interest (perceived or actual) should be declared, preferably in writing at the earliest opportunity.
with? The agency would need to decide what action to take in response to a declaration of a conflict of interest-
simply recording a potential conflict, but not assessing and taking a decision on it is not sufficient. Panel
members should not be part of a process where they have a conflict of interest, either actual or where there
could be a reasonable perception that it exists.
1.9.10 Can a panel member be a referee? Panel members can also be referees. If a panel member is a referee, it is advisable that a written referee
report be submitted prior to undertaking any other assessments. This should only be seen by the rest of the
panel if the panel decides to seek referee reports for that applicant.
1.9.11 What is the role of the panel in making a The role of the panel is to undertake a selection process in accordance with the Standard, to make
recommendation? recommendations about the suitability or otherwise of each applicant and identify the most competitive
applicant(s). Sometimes several applicants may be put forward. Ultimately, it is the role of the employing
authority (CEO) or their approved delegate to determine who will be offered an appointment.

2. DISCIPLINE
2.1 What does the Discipline Standard The Standard applies to the disciplinary process used by an employing authority following a suspected breach
cover? of the employment contract by the employee. Similarly, the Standard does not override specific requirements
applicable to discipline in the public sector which may include:
Discipline procedures specified in Part 5, Division 3 of the Public Sector Management Act 1994.
Approved procedures under the Public Sector Management Act 1994.
Unfair dismissal legislation administered by the Industrial Relations Commission.
Any dispute resolution process specified in an applicable award or industrial agreement.
2.2 Do the breach regulations apply to the No, the Regulations do not apply, as breaches of discipline are dealt with in the industrial arena.
Discipline Standard?
2.3 Does the Discipline Standard apply to It was never intended that the Discipline Standard or Performance Management Standard would deal with
sub standard performance? substandard performance. Substandard performance is not a disciplinary or conduct matter. It is related to the
management of performance. Accordingly, the Act has separated substandard performance from discipline.
2.4 Why have a Standard on discipline Part 5 of the Public Sector Management Act 1994, dealing with „Substandard Performance and Disciplinary
when it is covered in the Public Sector Matters‟, applies only to public service and ministerial officers and other classes of employees who may be
Management Act 1994? prescribed for the purposes of that Part. All other employees and employing authorities in the public sector are
not subject to this part of the Act, but the Standard does apply.
2.5 Why don‟t the breach Regulations apply Part 7 of the Act specifies that procedures for employees to obtain relief in respect of the breaching of public
to the Discipline Standard? sector Standards established in respect of sub-standard performance or disciplinary matters, do not apply. It
was intended that disciplinary matters should be dealt with under Part 5 of the Act for public servants or in the
industrial arena for other employees.
2.6 Does a person still have access to the This will be determined by the dispute resolution provisions provided for in the award or agreement applicable
Industrial Relations Commission (federal to the employee.
and state) in relation to discipline
While the Commissioner can monitor compliance generally and determine that an agency has not complied
matters?
with the Discipline Standard, the Regulations do not provide for alleged breaches of the Discipline Standard to
be dealt with under claims of a breach of Standard by an individual employee.
2.7 If discipline results in dismissal will that Each case would need to be looked at on its merits. Generally, questions such as spent convictions and
affect a person‟s ability to be re- statutes of limitations need to be considered, as well as the reasons for dismissal.
employed in the public sector?
2.8 Is each discipline case relating to the Each case should be looked at independent of any other cases relating to that individual. However, it would
one individual looked at in isolation or in not be unreasonable to consider an individual‟s previous misdemeanours, when considering the nature of any
relation to previous cases? current sanction that may be imposed if a breach of discipline is found.

2.9 What are the types of sanctions that Sanctions can vary. One or more sanctions may be imposed. The appropriateness of any sanction is not
could be imposed in discipline cases? covered by the Standard. Sanctions are often specified in the relevant legislation. For example, in the Public
Sector Management Act 1994, sanctions specified include: dismissal, reprimand, transfer, impose a fine,
reduce remuneration, reduce level of classification. A typical sanction in a minor discipline case would be an
official warning. In extreme cases referral for a criminal conviction may occur.
210 Who decides the types of sanctions that The employing authority. To assist, employing authorities need to have the guidance of the Act and other
could be imposed in discipline cases? relevant instruments such as awards and agreements. Department of Premier and Cabinet has issued a guide
on Discipline- see the publications section of the website at http://www.dpc.wa.gov.au/psmd/.
2.11 If a person is found innocent of a breach The retention and disposal of human resource management records (i.e. how long records must be kept and
of discipline, does the documentation whether or not they may be destroyed) must be done in accordance with the requirements of the State Records
remain on the record? Office of WA. Information may be obtained from the State Records Office website. The State Records Office
may also be contacted for advice on human resource management records. See
http://www.sro.wa.gov.au/government/publications.html for advice.
2.12 Who has access to discipline records? Only authorised persons, such as an official investigator or inquirer, the human resource manager and the
CEO. Files may sometimes be made available under specific Court orders.
2.13 What is a proper assessment in relation A genuine and thorough examination of all relevant facts and circumstances that are reasonably available and
to discipline matters? known at the time of the decision.
2.14 What sort of information constitutes This is a very broad subject. Evidence usually takes the form of documentation, notes taken at the time,
evidence in discipline cases? witness statements, and/or electronically recorded information. Evidence should be assessed for its credibility
and reliability. For example the written notes of interviews with independent witnesses made at the time of the
alleged incident may be regarded as strong evidence, while the testimony of a witness given twelve months
after the incident may not be as strong. In the context of the workplace, evidence may include personnel
records, diary entries, official memorandums, minutes of meetings, logs of phone calls, faxes, e-mails, internet
logs and so on.
2.15 What is procedural fairness? Essentially this is about the rules of fair play. It is also referred to as natural justice. It includes:
 A person being informed of allegations about them.
 All parties to a matter having the opportunity to put their case.
 All persons being informed of the reasons for a decision, where that decision affects them.
 Decision makers acting fairly and without bias.
 A person not being the judge in his or her own cause.
It also includes bringing to the employee‟s attention the reasons for any inquiry, the subject matter and the
rules applicable. If procedural fairness is not observed, there is an increased risk that a decision will be
declared invalid by people with the appropriate authority to do so.

2.16 Where can employing authorities obtain Employing authorities should consider obtaining legal advice prior to commencing disciplinary investigations.
advice about disciplinary procedures? They could also contact the Public Sector Management Division of the Department of the Premier and Cabinet.
DPC has issued a guide on Discipline- see the publications section of the website at
http://www.dpc.wa.gov.au/psmd/.
2.17 Do employees have a right to know Yes. Having commenced a disciplinary action, the onus is on the agency to inform the employee of their rights
about the discipline process? and responsibilities. This would include advice about their access to appropriate support services.
2.18 What is a reasonable time for a This is entirely dependent on the type of process undertaken. As a general rule, a disciplinary process should
disciplinary process to be completed? be completed as quickly as possible. Any delays should be communicated to the employee.
2.19 How long must discipline records be The retention and disposal of human resource management records (i.e. how long records must be kept and
kept? whether or not they may be destroyed) must be done in accordance with the requirements of the State Records
may also be contacted for advice on the management of human resource management records. See
2.20 Must the agency have a discipline It is not obligatory for agencies to have a policy on discipline, but policies assist the agency to give appropriate
policy? consideration to all matters.
Policies that are readily available to employees must conform with the Discipline Standard and be transparent
3. GRIEVANCE RESOLUTION
3.1 What does the Grievance Resolution The Standard applies to the management of the grievance resolution process, irrespective of how that
Standard apply to? grievance was brought to the attention of the employing authority (ie formal or informal). It applies to the
employee lodging the grievance, the employee who is the subject of the grievance and anyone else involved in
the grievance process.
The Standard does not apply to:
 Sub-standard performance or disciplinary action.
 The merits of the grievance itself.
 Allegations of victimisation following the lodgement of a grievance.
3.2 Can an employing authority have more Yes. The number and type of grievance resolution processes in an agency depend on the size and complexity
than one grievance resolution process? of the agency, the type of grievance and the range of employee categories.
3.3 Is there any stipulated timeframe for The Standard does not impose a timeframe. However, the process should be completed as quickly as
resolving a grievance? possible. Any delays and reasons for the delay should be communicated to all parties.

3.4 Is there a timeframe in which a The Standard does not specify a timeframe for a complainant to lodge a grievance with an agency. The
grievance must be lodged? employing authority has a responsibility to inform employees about their rights to lodge grievances and how
they will be managed within the agency, including information about timeframes. No legitimate grievance,
which is appropriately brought to the attention of the agency, should be turned away. However, the more time
that elapses between an action or decision, and any grievance lodged about it, the more difficult it might be to
resolve, or to obtain information needed to make a decision about the grievance.
While the employing authority has a responsibility to handle grievances as quickly as possible, employees also
have a responsibility to inform their agency about their grievance as soon as is practicable. It would be in
everybody‟s best interests to raise a grievance as soon after the event as possible.
3.5 How is a grievance lodged? It is the responsibility of the employing authority to inform employees of their rights and responsibilities about
how to lodge a grievance, and how the grievance process will be managed. An agency should have clear
policies on grievance resolution. In the absence of a policy or process, the employee writes to their Chief
Executive Officer outlining their grievance.
3.6 Can an employee‟s grievance be Yes. As long as the grievance has been reasonably brought to the Chief Executive Officer‟s attention. An
addressed even if they haven‟t lodged a employee‟s responsibility is to make the employing authority clearly aware of their grievance, and to provide
formal grievance in accordance with sufficient information to enable the employing authority to assess it.
internal process/policy?
3.7 What can an employee do if they are In the first instance an employee should take their concern to the Chief Executive Officer. They may also lodge
dissatisfied with the conduct of the a breach of Standard claim, but not until a decision is made by the employing authority about the grievance. In
grievance process in the agency? exceptional circumstances, (eg excessive and unreasonable delays in making a decision) the Commissioner
may approve the lodgement of a claim before a decision is made.
3.8 What can an employee do if he or she is Although an aggrieved person can submit a breach claim against the Grievance Resolution Standard, it is not
dissatisfied with the outcome of the the purpose of the Regulations to resolve the substance of the grievance. The Regulations apply to the
grievance resolution process? conduct of the grievance resolution process.
If a person is not satisfied with the outcome (ie resolution of the grievance) they have a right to lodge a
complaint with the employing authority. Complaints about the outcome are usually addressed through the
dispute resolution process specified in the award or agreement applicable to the person(s).
3.9 What can a person do if victimised after While allegations of victimisation as a consequence of lodging a grievance cannot be dealt with under the
lodging a grievance? Standards, a complaint could be lodged with the employing authority. Employing authorities must also comply
with the Code of Ethics, which require employees to be treated fairly and consistently and not subjected to
victimisation, etc.
3.10 Can grievance resolution include Yes. Whatever is allowed for in the agency‟s grievance resolution policy and relevant award or agreement.
mediation, arbitration etc?

3.11 Will a breach of Standard claim process While an aggrieved person can submit a claim against the Grievance Resolution Standard, it is not the role of
allow redress of the grievance? the breach claim process to examine the merits or otherwise of the grievance. The Standard and the
Regulations apply to the conduct and integrity of the grievance resolution process.
3.12 If the grievance is about the employing If a person‟s grievance is about the CEO it may be appropriate to go to the relevant Chairperson of the Board
authority (eg CEO, Board etc) who can a (where it is the employing authority of the CEO). Otherwise it may be appropriate to go to the Minister
person complain to? responsible. Before doing so it may be appropriate to contact the Commissioner‟s Office for advice on where to
take the grievance.
3.13 How long must grievance records be The retention and disposal of human resource management records (i.e. how long records must be kept and
3.14 Must the agency have a grievance It is not obligatory for agencies to have a policy on grievance resolution, but policies assist the agency to give
resolution policy? appropriate consideration to all matters.
Policies that are readily available to employees must conform with the Grievance Resolution Standard and be
transparent
4. PERFORMANCE MANAGEMENT
4.1 Does the Performance Management The intent of the Standard is that each agency has a performance management system(s) in place and that it is
Standard allow for performance applied consistently to employees within the same occupational group. To allow for flexibility in approaches to
management by peers, customers, performance management, the Standard does not specify what type of performance management system(s)
subordinates, 360° feedback? may be used, or what type of information may be obtained.
4.2 How can employee performance be The Standard does not specify that any one system be used. An agency may choose to have different
assessed? systems to suit different occupational groups. However, once a system is adopted it must be applicable to all
employees in that group and applied consistently.
The Standard requires that employees be informed about how their performance is to be assessed.
4.3 Who manages CEO performance? The Minister for Public Sector Management is usually the employing authority for CEOs. However, the Minister
responsible for a public sector body will normally manage the performance of the CEO.

4.4 What is meant by proper assessment? A proper assessment is considered to be an accurate and complete assessment of an employee‟s
performance and includes making use of all the available information in a fair and balanced way. It implies only
taking into account information about the employee‟s performance as it relates to the requirements of the job.
At a minimum , an assessment would identify whether or not an employee is performing at the level required
for the relevant position.
Employee interests should also be considered. Although the Standard requires the employing authority to
identify employee interests, it does not oblige the employer to assent to them. They assist the employing
authority when making an informed assessment about the employee‟s performance by taking such interests
into consideration and when identifying their developmental needs.
Employee interests could include: career considerations, medical issues or compassionate considerations.
4.5 How often should employee The Standard does not specify the frequency of performance management. However, it could be considered
performance be managed? poor practice if there was less than one documented assessment per year. Better practice in performance
management involves ongoing assessment of and feedback to employees regarding their work performance.
4.6 Can an employee‟s performance be No. The Standard requires that employees are informed about how their performance is to be assessed and
assessed in ways that they are unaware documented.
of?
4.7 Can an employee be assessed on non- No. Non work-related matters should not be considered as part of performance management processes.
work related matters? Personal issues which may affect work performance should be dealt with through other avenues, eg Employee
Assistance programs.
4.8 Does an employee whose performance The Standard applies to all employees in the agency, irrespective of their level, position or outcome of previous
is of good standing have to be performance management assessments. It is not just about past performance, but also about setting future
assessed? developmental goals and expectations.
4.9 Should a performance management Personal and career development needs can be considered, but should be work-related. They assist the
process identify personal and career employing authority to make an informed assessment about employee performance by taking such needs and
development needs? interests into account.
4.10 Does an employee have to be involved To meet the requirements of the Standard, an employee must be involved in a performance management
in a formal performance management process and must be informed how their performance will be assessed, although the Standard does not
process each year? prescribe which process should be used or how frequently it should be undertaken. Generally, it would not be
good practice if there was not some form of assessment at least once a year. The Standard applies to all
employees, irrespective of their level.
4.11 Can performance management be used No. Where performance is substandard or requires discipline, different processes should be used. The
to discipline an employee? Standard does not apply to discipline or sub-standard performance action. If the performance management
system identifies performance deemed below the level required, this could result in substandard performance
processes being commenced. However, sub-standard performance action is a separate activity. It may be
covered by the dispute resolution process specified in the award or agreement applicable to the employee
concerned.

4.12 Does the organisation need to agree to Identifying and taking into account employee personal needs or interests does not oblige the employing
employee personal needs or interests? authority to agree to them.
4.13 Is performance management linked to It applies to the performance management of all employees, irrespective of their classification level or their
salary increments? incremental point within that classification. Each agency will need to have an open and transparent
mechanism to be able to demonstrate if an employee should be granted an increment increase. This may or
may not be part of the agency‟s performance management process. However, it should not be the sole focus
of the process. Progression through the increments can be set out in awards, agreements or employment
contracts.
4.14 What is the difference between Performance relates to how you perform the duties of your position. Conduct generally relates to behaving in
performance and conduct? accordance with the WA Public Sector Code of Ethics and agency Codes of Conduct.
4.15 How confidential is performance The performance management process, including decisions made, must be transparent between the employee
management assessment information? and the person making the assessment, and capable of review. However, the information obtained through
this process must be treated with appropriate sensitivity and secured to ensure appropriate confidentiality.
Sometimes subsequent managers may need to refer them to earlier documentation to enable them to
participate effectively in future performance management of the employee.
4.16 Where should performance The Standard does not specify where or how performance management records should be maintained. Under
management records be kept? the Act it is the responsibility of the CEO to maintain proper records and to ensure their security.
4.17 Can anyone else (eg. selection panel, It is not the intent that performance management information would be used by a selection panel unless
new supervisor), have access to an agreement between the parties is obtained. Sometimes subsequent managers may need to refer them to
employee‟s performance management earlier documentation to enable them to participate effectively in future performance management of the
records? employee.
4.18 Can the CEO have access to an Information legitimately obtained about employees is the property of the CEO. Accordingly, it can be accessed
employee‟s performance management by the CEO. Any other employees seeking access to such information could only do so by having the
records? appropriate delegated authority.
4.19 Does performance management apply Yes. Agencies should develop approaches to performance management that can satisfactorily meet the
to all employees? Standard and accommodate all employees, including those not employed on a full time basis.
4.20 Can performance management No, it is not the intent of the performance management process that such information be used as part of the
information be used as part of a recruitment process, unless agreement between the parties is obtained. The use of referees would be a more
recruitment process? appropriate source of information.
4.21 What happens if an employee has If it is still during the ongoing process, the employee should raise their concerns on an informal level, or
concerns about the process or outcome through a grievance resolution process with the agency. Once the process is finished the employee can raise
of the performance management the issue as a breach of standard claim relating to the Performance Management Standard.
assessment?

4.22 What can an employee do if an The performance management process can identify substandard performance, but does not apply to
assessment of sub standard substandard performance or disciplinary action.
performance is made?
Different legislation applies to the management of substandard performance - for example s79 of the Act. If an
employee believes that the performance management standard has not been correctly applied in the
identification of substandard performance, then they have the option of lodging a breach of Standard claim.
The Department of the Premier and Cabinet has information on the management of organisation performance
management and sub-standard performance: see the publications section on the website at
http://www.dpc.wa.gov.au/psmd/.
4.23 How will the agency ensure consistency When an employing authority determines what system will be used to manage performance, employees must
between my performance management be made aware of the various features of that system, and how performance will be assessed.
and that of other staff?
It is important that managers undertaking assessments are appropriately skilled in the tool that is being used,
and that they demonstrate objectivity, and an understanding of the work related requirements and the
employee interest of the employee being assessed.
4.24 Does an agency have to have a Not necessarily. Some agencies may wish to call the process a system, others may not. This is not
performance management system? necessarily about prescribing a specific approach and expecting all agencies to fit into that one process. The
aim of the Standard is to enable flexible and meaningful ways for agencies to manage the performance of
employees.
Whatever system/process is developed, employees need to be informed about how their performance will be
assessed.
4.25 How long must performance The retention and disposal of human resource management records (i.e. how long records must be kept and
management records be kept? whether or not they may be destroyed) must be done in accordance with the requirements of the State Records
may also be contacted for advice on the human resource management records. See
4.26 Must the agency have a performance It is not obligatory for agencies to have a policy on performance management, but policies assist the agency to
management policy? give appropriate consideration to all matters.
Policies that are readily available to employees must conform with the Performance Management Standard
and be transparent.

5. REDEPLOYMENT
5.1 When does the Redeployment Standard The Standard applies to the treatment of employees from the time their job is abolished, or they are deemed
apply? surplus, until transfer, registered employee status or severance occurs.
The Standard does not apply to the decision to abolish the job or make employee surplus. It covers the
process used by the employing authority to make decisions about the treatment and management of affected
employees. Decisions to transfer or offer severance must comply with the Transfer or Termination Standards.
The Standard does not apply to decisions or actions taken once a person is a „registered employee‟, as
provided for in the Public Sector Management (Redeployment and Redundancy) Regulations 1994.
5.2 Why have a Redeployment Standard if The Standard covers the decisions and actions of the employing authority up to the point where an employee
there are the Public Sector Management may be deemed a „registered employee‟. The Regulations only apply to employees once they become a
(Redeployment and Redundancy) registered employee with the Employment Branch of the Department of the Premier and Cabinet.
Regulations 1994?
5.3 At which point in the process does This is one of the options available to employing authorities in its efforts to find a displaced employee with
someone become a registered alternative employment. Agencies need to make a genuine attempt to accommodate a displaced employee,
employee? before referral to the Employment Branch of the Department of the Premier and Cabinet, for declaration of
„registered employee‟ status.
5.4 Does the Redeployment Standard cover No. An employing authority‟s decision to identify a job as surplus is not covered by the Standard. It remains
the decision to abolish a job? open to an employee aggrieved by such a decision to lodge a grievance with the employing authority.
The employee may lodge a breach of the Grievance Resolution Standard about the extent to which employing
authorities properly examine such grievances.
5.5 Can the Redeployment Standard apply No. It could only apply to the treatment and management of an employee while they do not have „registered
once a person is a registered employee‟ status.
employee?
5.6 What are some of the actions that can The actions could include financial counselling, career counselling, access to an employee assistance service,
take place during redeployment? assistance to apply for promotional positions and discussions and negotiation about possible transfers,
redundancy, outsourcing to the private sector, or „registered employee‟ status.
If the agency is to offer an employee severance, the Employment Branch will still need to approve it. In doing
so it may not agree to the severance as it may deem the employee suitable for redeployment as a „registered
employee‟.

5.7 Can a person be placed into a vacant Once a position is cleared for advertising and filling, the recruitment process would continue normally.
position that has already been cleared to
However, government policy provides for a „registered employee‟ to be referred for any vacant job right up to
advertise, and a selection process is
the time the job is otherwise filled by the employing authority. The Department of the Premier and Cabinet has
underway?
advised that there are occasions (for a number of reasons), that registered employees haven‟t been referred
for a job when they should have been and the job has been cleared for advertising. In these situations the
normal approach taken by the Department is to request the agency concerned to consider the claims of the
„registered employee‟ alongside the claims of any other person who has applied for the job.
5.8 Does an employee need to be informed It is not specified in the Standard how an employee should be informed about their options. However, as any
verbally or in writing of their options and decision needs to be capable of review, it would be preferable that this be documented. In managing the
how the process is to be managed? process, the onus is on the agency to inform the employee about their rights and responsibilities, including their
access to appropriate support services, if required by the employee.
5.9 Must an employing authority take into Identifying and taking into account employee interests does not oblige the employing authority to agree to
account employee interests in the them. They assist the employing authority to make an informed decision about the efficient and effective
redeployment decision? deployment of human resources.
The Standard requires that employee interests are fairly assessed and taken into consideration in the decision
making process. Any action/decision of the employing authority about its consideration of employee interests
would need to be capable of review.
5.10 Can tenure of employment be affected During the part of the redeployment process covered by the Standard, an employee‟s tenure of employment
by redeployment? does not change. However, as an outcome of the process, the employee could voluntarily choose an option
that may result in a change of tenure (eg severance or outplacement to the private sector).
5.11 How long must redeployment records be The retention and disposal of human resource management records (i.e. how long records must be kept and
may also be contacted for advice on the management of human resource management records. See
5.12 Must the agency have a redeployment It is not obligatory for agencies to have a policy on redeployment, but policies assist the agency to give
policy? appropriate consideration to all matters.
Policies that are readily available to employees must conform with the Redeployment Standard and be
transparent.

6. SECONDMENT
6.1 To whom does the Secondment The Secondment Standard applies only to WA public sector employees moving temporarily to another public
Standard apply? sector organisation. It does not apply to people leaving without taking leave without pay to take up an
opportunity in the private sector, or within the public sector of another State or the Commonwealth. It does not
apply to public sector employees from other States, or the Commonwealth taking up an opportunity in the WA
Public Sector.
6.2 Can an employee be seconded to the Yes, this can only occur where the relevant legislation, award, agreement etc provides for this to occur eg s61
private sector? and s66 of the Act provide for public service officers to be seconded to the private sector.
6.3 Can a person be seconded from the No. People in the private sector can only come into the public sector on a contract of employment in
private sector? accordance with the Act and the Standards.
6.4 Can an employee be seconded within No. For the purposes of the Standard, secondment is the voluntary movement of an employee from their
the same employing authority? existing employing authority to another employing authority for an agreed period. There could be situations
where an employee is seconded to a different employing authority within the same public sector body.
6.5 Can an employee on a fixed-term A person on a fixed-term contract of service may be employed for a set period to undertake a specific
contract be seconded? job/function. To offer a secondment to a person employed on this sort of contract of service may constitute a
new contract. This could be deemed a new appointment (to be covered by the Recruitment, Selection and
Appointment Standard), rather than a secondment.
Employing authorities should obtain appropriate industrial and legal advice about the way to manage such
matters.
6.6 Does a secondment have to be Secondment decisions need to take work requirements into account. When more than one person has applied
determined by merit assessment? for, or is being considered for, a secondment opportunity, assessment of merit should be a factor in
determining who is the most suitable person for the secondment.
However, there are other issues including the diversity and business needs of the agency and employee
interests, which may need to be taken into consideration in the decision making process.
6.7 Can an employee be forced to take a No. A secondment must be voluntary.
secondment?
6.8 Can an employing authority prevent an If it does not legitimately and reasonably suit the work related requirements, including business and diversity
employee being seconded? needs of the agency, a secondment request does not have to be supported by the agency. Agencies should,
however, demonstrate that they have properly considered employee interests before making a decision to
refuse a secondment.
An agency that has a policy that no secondment request will be considered, or which repeatedly refuses
secondments, may not be complying with the Standard.

6.9 Can a secondment be terminated? Yes. Either the agency or the employee may negotiate to terminate the secondment early. This could be due
to a number of factors, including the business needs of the home agency and the employee interests. A
seconded employee can negotiate the term of a secondment, but the final decision rests with the two agencies
concerned.
A decision to terminate a secondment must comply with the Standard and be transparent and capable of being
judged as reasonable. A person may have the right to lodge a claim of a breach of standard if this is a new
decision about the secondment.
610 Can an employee‟s service continuity No, however a secondment outside the WA public sector may affect accrual entitlements.
and or tenure be affected by a
secondment?
6.11 Which employer is responsible for the This matter will need to be negotiated between the employing authorities prior to the commencement of the
employee‟s salary and conditions while secondment. Generally, it is the host agency who pays the salary either directly or through refund
on secondment? arrangements.
6.12 Can an employee be given higher duties A person can initially be seconded to another employing authority at a similar or higher classification level. The
allowance while on secondment? level of remuneration will need to be negotiated prior to the commencement of the secondment.
While on secondment, the secondee cannot then be offered Temporary Deployment (Acting) within the host
agency, unless a new secondment is negotiated. Temporary Deployment (Acting) only applies to the
temporary movement of employees within the same employing authority. The secondee is not a substantive
employee of the host agency.
The host agency could renegotiate the terms and conditions of the secondment. This would need to be done in
accordance with the requirements of the Secondment Standard.
6.13 How long must a secondment be fore a While secondments in the public sector may be for periods of less than six months, there are a number that are
merit selection is required? for periods of six to twelve months, or even longer.
Each agency should develop its own policy on the length of secondments and how decisions will be made.
However to demonstrate work requirements and ensure that employee interests have been fairly considered,
employing authorities should preferably advertise and conduct an assessment of merit for secondment
opportunities greater than six months, and particularly where these are likely to exceed twelve months.
Redeployment clearance is also required for positions over six months.
6.14 If a merit selection process is used to It goes back to the intent of the agency. If the agency had advertised, or otherwise signalled its intent only to
determine who will be seconded, does „second‟ a person, then the Secondment Standard would apply. This would be the case even if the agency,
the Recruitment, Selection and quite appropriately, undertook a merit selection process to assist in its decision making as to who is seconded.
Appointment Standard apply? If the agency is also considering the appointment of a contract employee, then the RSA Standard applies.

6.15 What form of advertising or publicising is It is the responsibility of the employing authority to determine if a secondment opportunity will be advertised,
acceptable for a secondment? and if so, where.
This will be dependent on factors like the type of job, the period of the secondment, the timing of when the
person is required in the job, and knowledge about the likely source of potential applicants. A non-specialist
job may require broader advertising within the sector, whereas for more specific or specialist jobs, targeted
advertising may be more appropriate. In some cases the agency may determine that there is already an
existing pool of potentially suitable applicants and therefore may decide not to advertise widely. The purpose of
advertising is to encourage people to apply, so that the agency has a bigger pool of people to choose from
rather than to unreasonably exclude them from the opportunity. Decisions that limit the scope of advertising
must be transparent and capable of being judged as reasonable.
6.16 Should a secondment be advertised if it Many short secondments are entered into in good faith. However, if a renewal (or if it is likely there will be a
turns into a prolonged secondment? renewal), will result in the secondment being prolonged beyond six months and particularly if it will extend
beyond 12 months, consideration should be given to advertising the opportunity. Redeployment clearance will
also be required if it exceeds six months.
Decisions about advertising will depend upon a number of factors like: the speciality of the job, the current state
of a project/task, knowledge about the availability of the type of skills required, the likely length of the
secondment (or its renewal period) etc.
Decisions that limit the use or scope of advertising for secondment extensions/renewals must be transparent
and capable of being judged as reasonable.
6.17 Does an employee substantively vacate No, employees do not substantively vacate their position to take up a secondment.
their position when they take up a
If the secondment is likely to be for an extended period and/or the employee signifies a clear intention to use
secondment?
the secondment opportunity to pursue other career directions, the employee and the employing authority may
wish to negotiate for the employee to be placed into another position or onto the attached list. The employee
would still be the responsibility of that employing authority at the conclusion of the secondment.
6.18 Can an employee expect to return to Unless otherwise agreed to, the employee would return to their substantive position at the conclusion of the
their previous position at the completion secondment.
of a secondment?

6.19 Does the Secondment Standard apply to The Act does not expressly make any one employing authority responsible for compliance with the principles of
both employing authorities? human resource management and the Standards. The principles and Standards are to be complied with by all
public sector bodies and their employees.
The Act creates a participatory role for both employing authorities in a secondment process. Accordingly both
employing authorities would be obliged to ensure compliance with s8(1) of the Act and the Secondment
Standard.
While both employing authorities have a participatory role in the secondment process, the advertising and
assessment of merit would primarily be the host employing authority‟s responsibility. The host agency would
best know the needs of the job concerned, and would therefore be best placed to publicise it appropriately and
assess the merits of the candidates. The host agency would have the final say about who may be offered a
secondment. However, before it can be finalised this would be subject to the agreement of the employee‟s
home agency, and the employee involved. In some cases, the host agency may ask the home agency to
identify a secondment candidate. In this case, the home agency should comply with the Standards when
making a recommendation.
6.20 When should an employing authority The Standard does not specify when a secondment opportunity is to be advertised. Decisions to offer a
advertise a secondment? secondment opportunity or the renewal of a secondment for a prolonged period (ie likely to exceed six months),
must be based on a proper assessment of the work related requirement (including merit) needs of the agency,
and employee interests. It would be wise for agencies to advertise prolonged secondments, and conduct a
merit assessment.
Assessment of merit does not necessarily require detailed written applications or the establishment of selection
panels. An employing authority could assess the merits of prospective secondees on the basis of the work-
related requirements of the agency and employee interests, with a focus on:
 Calling for expressions of interest.
 The required skills, knowledge and abilities to perform the job satisfactorily.
 The availability of those considered suitable.
To make an informed decision about who will be offered the secondment opportunity, the employing authority
should make an assessment of merit, as well as consider information about employee interests and the
business needs of the agency.
6.21 How long must secondment records be The retention and disposal of human resource management records (i.e. how long records must be kept and

6.22 Must the agency have a secondment It is not obligatory for agencies to have a policy on secondments, but policies assist the agency to give
Policies that are readily available to employees must conform with the Secondment Standard and be
transparent.
7. TEMPORARY DEPLOYMENT (ACTING)

7.1 What does the Temporary Deployment The Standard applies to any temporary movement from one job to another within the same employing authority
(Acting) Standard apply to? at a higher classification level, for an agreed period. It may also apply to temporary deployment (see
explanatory notes in the Standards).
7.2 Does the Temporary Deployment No. The Standard applies to any temporary movement at a higher classification level within the same
(Acting) Standard apply to a person employing authority. If a person is temporarily moved at the same classification level, this is called
moving for a temporary period at the deployment, which is not covered by the Standards (see explanatory notes in the Standards).
same classification level within the same
employing authority?
7.3 Does an employee vacate their job No, an employee retains their substantive position while acting.
when they act in another job at a higher
If the acting opportunity is likely to be for an extended period and/or the employee signifies a clear intention to
classification level?
use the acting opportunity to pursue other career directions, the employee and the employing authority may
wish to negotiate for the employee to be placed into another position or onto the attached list.
7.4 What is meant by extended acting or An acting opportunity should not be used as a substitute for filling a position through a recruitment, selection
prolonged acting? and appointment process, or transfer.
Each employing authority should develop a policy on temporary deployment (acting). This would include when
advertising should be considered, particularly for acting opportunities that may be prolonged.
Each agency should develop its own policy on the length of acting and how decisions will be made. However,
to demonstrate work requirements and ensure that employee interests have been fairly considered, employing
authorities should preferably advertise and conduct an assessment of merit for acting opportunities greater
than six months, and particularly where these are likely to exceed twelve months. However, to reduce the risk
of not complying with the Standard, agencies should preferably advertise potentially prolonged acting, and
conduct a merit assessment.

7.5 Is there any prescribed period that The Standard does not impose such requirements. However, it may be wise to advertise and conduct an
requires acting opportunities to be assessment of merit for any period (including renewals/extensions) of acting that is likely to exceed six months.
advertised and/or publicised?
Redeployment clearance is required for positions over six months' duration.
Decisions about advertising will depend upon a number of factors like: the speciality of the job, the current state
of a project/task, knowledge about the ready availability of the type of skills required, the likely length of the
secondment (or its renewal period) etc.
Decisions that limit the use or scope of advertising for acting opportunities must be transparent and capable of
being judged as reasonable.
7.6 When should an employing authority The Standard does not specify when acting opportunities are to be advertised. Decisions to offer an acting
advertise and/or publicise an acting opportunity for a prolonged period (i.e. likely to exceed six months), must be based on a proper assessment of
opportunity? the work related requirements including the needs of the agency, and employee interests. It would be wise for
agencies to advertise prolonged acting opportunities, and conduct a merit assessment.
Assessment of merit does not necessarily require detailed written applications or the establishment of selection
panels. An employing authority could assess the merits of prospective applicants on the basis of the work-
related requirements of the agency and employee interests, with a focus on:
 Calling for expressions of interest.
 The required skills, knowledge and abilities to perform the job satisfactorily.
 The availability of those considered suitable.
To make an informed decision about who will be offered the acting opportunity, the employing authority should
make an assessment of merit, as well as consider information about employee interests and the business
needs of the agency.
The purpose of advertising is to encourage people to apply, so that the agency has a bigger pool of people to
choose from, rather than to unreasonably exclude them from the opportunity. Decisions that limit the scope of
advertising must be transparent and capable of being judged as reasonable.
Redeployment clearance is required for positions over six months' duration.
7.7 What constitutes a proper assessment A proper assessment involves making use of all available relevant information in a fair and balanced way. It
in relation to acting opportunities? involves only taking into account the applicant‟s skills, knowledge and abilities relative to the requirements of
the job.
It requires that a genuine and thorough examination occurs and that this takes into account all relevant facts
and circumstances that are reasonably available and known at the time a decision is made about a person‟s
suitability.

7.8 What is meant by employee interests in Employee interests could include:
relation to acting opportunities?
 Career considerations.
 Personal circumstances.
 Workplace location (eg metropolitan to country location).
Identifying employee interests does not commit the employing authority to accept them. By being aware of any
special consideration, they assist the employing authority to make informed decisions about the effectiveness
and appropriateness of offering acting opportunities to employees.
Employing authorities must be able to demonstrate that employee interests were fairly assessed and that they
were taken into consideration in the decision-making process. Relevant legislation, such as that relating to
equal opportunity or workers compensation, should also be considered.
7.9 Should the employing authority use a If more than one person is being considered for the acting opportunity, it would be wise to use a merit selection
merit selection process for acting process.
opportunities?
The Standard which applies will be dependent on the intent of the agency. If it had advertised or otherwise
signalled its intent to provide an acting opportunity, then the Acting Standard would apply. This would be the
case even if the agency, quite appropriately, undertook a merit selection process to assist in its decision-
making as to who will get the acting opportunity.
7.10 Can a previously agreed period of acting The Standard does not impose restrictions on employing authorities offering acting opportunities. Sometimes it
be extended? is necessary and expedient to extend an acting period. However, an acting opportunity should not be used as
an alternative to filling a position through the recruitment, selection and appointment process, or transfer.
Prolonged acting may call into question whether a proper assessment of an agency‟s requirements has been
carried out.
If there is a possibility of extension, this should be included in an Expression of Interest advertisement as this
would attract a greater range of applicants.
It would be appropriate for an agency to develop its own policy on the length of acting opportunities. To
reduce the risk of employing authorities not complying with the Standards, they should preferably advertise and
conduct an assessment of merit for acting opportunities greater than or likely to exceed, six months.
An agency would need to comply with redeployment processes.
7.11 Must the best person, judged on merit, Not necessarily. For some shorter term acting opportunities decisions may not be solely on an assessment of
be appointed to the acting opportunity? merit. Reasons for appointing to acting opportunities must be in accord with the Standard. Reasons for
offering an acting opportunity may include personal circumstances, developmental needs, convenience of
location and diversity strategies and ability to carry out the work with limited briefing (eg for short term acting).
7.12 If someone lodges a breach of Standard Yes. A claim does not necessarily delay the acting opportunity proceeding. However, it would be in the best
claim can the employing authority still interests of all parties to attempt to resolve the matter as quickly as possible.
appoint a person to act?

7.13 Is clearance from the Employment Yes, for acting opportunities of more than six months. The Standard does not override specific requirements of
Branch of the Public Sector other legislation. It is always advisable to check with the Employment Branch of the Department of Premier
Management Division required for and Cabinet.
acting?
7.14 Do applicants for acting positions need The Standard does not require the establishment of a selection panel. Where more than one employee is
to be assessed by a selection panel? being considered for an acting opportunity, it would be wise to undertake a comparative assessment of
employee claims. A selection panel may be the most effective way of selecting for acting in some
circumstances.
For prolonged acting, particularly those which are likely to exceed six months, the assessment of merit will
minimise employing authorities being at risk of non-compliance with the Standard. Lengthy selection reports
are not required. However, decisions about acting opportunities need to be transparent and capable of review.
7.15 Can a breach of Standard claim be Lodging a claim would only be done once a decision is made about the offering of an acting opportunity. Prior
lodged prior to being informed of the to this, persons can still raise issues and have them addressed without lodging a claim. Even if a claim is
acting decision? lodged it does not necessarily delay the acting opportunity.
7.16 How long must temporary deployment The retention and disposal of human resource management records (i.e. how long records must be kept and
(acting) records be kept? whether or not they may be destroyed) must be done in accordance with the requirements of the State Records
7.17 Must the agency have a Temporary It is not obligatory for agencies to have a policy on temporary deployment (acting), but policies assist the
Deployment (Acting) policy? agency to give appropriate consideration to all matters.
Policies that are readily available to employees must conform with the Temporary Deployment (Acting)
Standard and be transparent.
8. TERMINATION
8.1 What does the Termination Standard The cessation of employment includes resignation, retirement, retirement on the grounds of ill health,
cover? completion of a fixed term contract of service, severance (ie redundancy, voluntary severance) and even death
while holding office. The Standard covers the process used during the termination, rather than the facts and
circumstances of the termination.
8.2 What is the connection between In some instances, termination could be an outcome of a disciplinary action. The Standard does not apply to
termination and discipline? the cessation of employment as a consequence of a disciplinary action. Other dispute resolution processes
specified in an applicable award or agreement would apply in that case.

8.3 What is the connection between Termination could be an outcome of sub-standard performance which may have been identified through a
termination and performance performance management process. The Standard does not apply to the cessation of employment as a
management? consequence of sub-standard performance action. Claims about an agency‟s actions resulting from a sub-
standard performance process are addressed through the dispute resolution process specified in an applicable
award, enterprise or workplace agreement, or other available legal options.
8.4 Does termination cover resignation? Yes.
8.5 When am I not eligible for entitlements? All entitlements referred to in a person‟s employment contract must be met by the employing authority. The
exception to this may be where summary dismissal or disciplinary action has occurred, where some
entitlements may be withdrawn as a sanction.
8.6 Where are an employee‟s rights and As a rule, rights and entitlements as applied in termination actions are those stated in their employment
entitlements stated? contract and/or their award or agreement.
When an intention to cease employment is known (whether it is initiated by the employee or their employing
authority), employees are to be informed of their entitlements prior to the cessation of their employment. This
enables the employee to assess whether the entitlements appear to be correct. If there is a dispute about
entitlements that cannot be resolved, the employee has a right to lodge a breach of Standard claim, prior to the
cessation of their employment.
8.7 Can a person lodge a claim of breach of No. Unfair dismissal matters are dealt with in the industrial arena. Neither the Standard nor the Regulations
the Termination Standard if they believe apply to an examination of the facts and circumstances resulting in the cessation of an employment contract
they have been unfairly dismissed? through dismissal. Other statutory provisions apply.
8.8 Does the Termination Standard cover The Standard covers the conduct of an employing authority during the process used to reach decisions about
the period leading up to cessation of the termination of an employee, and/or to respond to an employee‟s request for cessation of employment.
employment?
8.9 How long must termination records be The retention and disposal of human resource management records (i.e. how long records must be kept and
8.10 Must the agency have a termination It is not obligatory for agencies to have a policy on termination, but policies assist the agency to give
Policies that are readily available to employees must conform with the Termination Standard and be
transparent

9. TRANSFER
9.1 What does comparable employment Comparable means:
conditions mean?
 Similar or equivalent classification level based on salary/wage (excluding allowances, penalty rates etc).
 No change to employment tenure.
 No change of full time or part time status.
 No loss of service continuity.
Transfer can only occur in accordance with s65 and s54 of the Act. This provides for the transfer of public
service officers. The capacity to transfer other staff within an agency may be governed by relevant award
conditions. The capacity to transfer staff other than public servants across the public sector is limited.
9.2 Is there such a thing as a temporary No. The Transfer Standard applies to an employee vacating their job to move substantively to another job with
transfer? comparable employment conditions.
The temporary move of a person to undertake the duties of a job with comparable employment conditions at
the same level is referred to as temporary deployment. There is no Standard applicable to temporary
deployment where it is directed by the employing authority. If the person is doing it as the result of an acting
opportunity following calling for an EOI, the Temporary Deployment (Acting) Standard applies. A person does
not vacate their substantive position when temporarily deployed.
9.4 Can a CEO move an employee to a Under the Standards there is no such thing as a temporary transfer. A transfer refers to a substantive (ie
position of a comparable classification permanent) move. An employing authority can temporarily deploy a person at the same level to suit workload
level for a temporary period, i.e. can a requirements. Refer to s.29(1)(d) Act, “the functions of a chief executive officer or chief employee are to
person be temporarily transferred? manage that department or organisation, and in particular – (d) to ensure the appropriate deployment and
redeployment of resources within that department or organisation”. Such movements are referred to as
temporary deployment, for which no Standard applies. An objection to a temporary deployment would normally
be dealt with as an internal grievance.
9.6 Does an assessment of employee When more than one person has applied for transfer to a position or is under consideration for transfer,
interests for transfer have to be based assessment of merit can act as a guideline for determining who is the most suitable to be transferred.
only on merit? However, there are other reasons including organisational requirements (such as diversity needs) and
employee interests, (such as career considerations, personal circumstances or workplace location, eg
metropolitan to country location), which can be taken into consideration in the decision making process.
9.7 Does the Transfer Standard apply to a Public Service Officers (employed under Part 3 of the Act) can be transferred to another public service position
transfer to a different employing under s54 or s65 of the Act.
authority?
Before considering a transfer, employing authorities should determine if they have the legislated authority to
transfer, and whether the transfer is to a different employing authority (other than a public servant to another
public service position as defined in Part 3 of the Act). When the employing authority has the power to transfer
employees between public authorities, the Transfer Standard applies.

9.8 Is it possible to transfer across awards It depends. It would be wise for an employing authority to obtain appropriate industrial or legal advice about
or agreements? the way it manages the deployment of employees which involves different awards, agreements etc.
Redeployment provisions may enable this to occur, but this would not be regarded as a transfer. The
Redeployment Regulations would apply. The Redeployment Standard would apply until the person becomes a
Registered Redeployee.
Contact DOCEP for further information http://www.docep.wa.gov.au/
9.9 Can an employee be involuntarily Yes, where the power exists to direct a transfer. Such decisions should be capable of being judged as
transferred? reasonable and transparent. However, the employing authority may be required to consult with the employee
and/or the other employing authority before effecting the transfer. Any decision to transfer a person
involuntarily would need to take work related requirements and employee interests into account in accordance
with the Standard.
9.10 What are employee interests? Employee interests could include:
 Career considerations.
 Personal circumstances.
 Workplace location (eg metropolitan to country location).
Identifying employee interests does not commit the employing authority to accept them.
The employing authority must be able to demonstrate that employee interests, if known or raised, were fairly
considered in the decision making process. Such decisions must be documented and capable of review.
9.11 How does an agency know if they have An employing authority may transfer an employee only where the power to transfer exists. This is usually
the power to transfer? found in enabling legislation, awards, agreements or employment contracts.
9.12 Does redeployment clearance have to The Standard does not stipulate that redeployment clearance must be obtained prior to transfer. This may be a
be obtained? requirement of the Public Sector Management (Redeployment and Redundancy) Regulations 1994, (available
on http://www.slp.wa.gov.au/statutes/regs) or government policy. Enquiries should be directed to the
Department of the Premier and Cabinet.
9.13 How much notice of a transfer should an The Standard does not stipulate a period of time. However, employees should be consulted about the transfer
employee be given? and given appropriate opportunity to identify their interests before a decision is made.
9.14 Does an employee being transferred Under the Regulations, employing authorities are required to make all employees aware of the Standards and
have to be informed about the breach of the process for lodging a claim of a breach of a Standard. There is no specific requirement to advise an
standard procedures? employee of their breach claim rights at the time of the transfer decision, but it would be good practice to do so.
If a claim is lodged in the appropriate time, the transfer direction cannot be confirmed until the claim has been
examined in accord with the Regulations.

9.15 How long must transfer records be kept? The retention and disposal of human resource management records (i.e. how long records must be kept and
whether or not they may be destroyed) must be done in accordance with the requirements of the State Records
http://www.sro.wa.gov.au/government/publications.html.
9.16 Must the agency have a transfer policy? It is not obligatory for agencies to have a policy on transfer, but policies assist the agency to give appropriate
consideration to all matters.
Policies that are readily available to employees must conform with the Transfer Standard and be transparent.

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Questions and Answers

Principles in Human Resource Management

Public Sector Standards in Human Resource Management – Questions and Answers

PURPOSE OF THE QUESTION AND ANSWER PACKAGE ................................................................................................................................................................................................................. 3

1.1 General Issues about RSA ....................................................................................................................................................................................................................................................... 5

1.2 Description of the job ............................................................................................................................................................................................................................................................... 7

1.3 Advertising and Searches ........................................................................................................................................................................................................................................................ 8

1.5 Job Applications..................................................................................................................................................................................................................................................................... 12

1.6 Selection Process.......................................................................................................................................................................................................................... Error! Bookmark not defined.

1.7 Bias and Conflicts of Interest ................................................................................................................................................................................................................................................ 19

1.8 Referee reports ........................................................................................................................................................................................................................................................................ 20

1.9 Selection Panel ....................................................................................................................................................................................................................................................................... 21

Principles in Human Resource Management –Questions and Answers Page 2

PURPOSE OF THE QUESTION AND ANSWER PACKAGE APPLICATION / ADHERENCE TO STANDARDS

Principles in Human Resource Management –Questions and Answers Page 3

Contacting the Office of the Public Sector Standards Commissioner

Email: pssc@opssc.wa.gov.au Website: www.opssc.wa.gov.au

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Public Sector Standards in Human Resource Management – Questions and Answers

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1.2 Description of the job

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1.3 Advertising and Searches

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1.5 Job Applications

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In summary, to make a proper assessment the panel may want to:

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1.7 Bias and Conflicts of Interest

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1.8 Referee reports

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1.9 Selection Panel

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7. TEMPORARY DEPLOYMENT (ACTING)

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