Public Administration (Reviews) Regulations 2005

i Public Administration (Reviews) Regulations 2005 S.R. No. 16/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 2 5. Initial review process 2 6. Referral to Public Sector Standards Commissioner 4 7. Application to Public Sector Standards Commissioner for review of failure to commence initial review 5 8. Conduct of reviews by Public Sector Standards Commissioner 5 9. Expiry 6 ═══════════════ -- 1 of 7 -- 1 STATUTORY RULES 2005 S.R. No. 16/2005 Public Administration Act 2004 Public Administration (Reviews) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 5 April 2005 Responsible Minister: STEVE BRACKS Premier RUTH LEACH Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe the processes for the review of actions taken within public service bodies relating to the employment of employees. 2. Authorising provisions These Regulations are made under sections 64 and 112 of the Public Administration Act 2004. 3. Commencement These Regulations come into operation on 5 April 2005. -- 2 of 7 -- S.R. No. 16/2005 Public Administration (Reviews) Regulations 2005 2 4. Definitions In these Regulations— "initial review" means a review under regulation 5; "the Act" means the Public Administration Act 2004. 5. Initial review process (1) Each public service body Head must establish a process for the review of action taken within the public service body that relates to the employment of an employee who considers the action to be— (a) unfair; or (b) inconsistent with— (i) the Act; or (ii) these Regulations; or (iii) any standards issued under section 64(5) or 66(2) of the Act. (2) The review process— (a) must require natural justice to be applied; and (b) must require an application by an employee to be lodged within a specified period (being not less than 28 days) after— (i) the day on which the employee was notified of the action to which the application relates; or r. 4 -- 3 of 7 -- S.R. No. 16/2005 Public Administration (Reviews) Regulations 2005 3 (ii) if the employee was not notified of the action, the day on which the employee became aware of the action— unless the public service body Head is satisfied that the circumstances justify acceptance of an application lodged after that period; and (c) must require an application to be in writing, to be signed by the employee making it and to specify— (i) the action to which the application relates; and (ii) the name and title of the decision- maker or person who authorised or took the action; and (iii) the basis of the employee's complaint against the action; and (iv) the remedy sought, if any; and (v) the date on which the action was taken; and (vi) the date of the notification of the action, or, if the employee was not notified, the date on which the employee first became aware of the action; and (d) may allow the public service body Head to decline to conduct a review if— (i) the matter is frivolous, vexatious or lacking in substance; or (ii) the applicant does not have sufficient personal interest; or (iii) the matter is the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal initiated by the applicant; or r. 5 -- 4 of 7 -- S.R. No. 16/2005 Public Administration (Reviews) Regulations 2005 4 (iv) the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal; and (e) may allow the public service body Head to appoint any person or body unconnected with the action or any investigation concerning the action commenced prior to the appointment to conduct the review; and (f) must not allow legal representation unless the person conducting the review considers that either party would be at a significant disadvantage in the absence of legal representation. 6. Referral to Public Sector Standards Commissioner (1) An employee may, by notice, require a public service body Head to refer an application for initial review to the Public Sector Standards Commissioner for review of the process for the initial review, if the employee considers that the process— (a) was unfair; or (b) failed to comply with— (i) the Act; (ii) these Regulations; or (iii) standards issued under section 64(5) or 66(2) of the Act. (2) A notice must be given under sub-regulation (1) within 28 days after the day on which notice of the decision on the initial review was given to the employee unless the Public Sector Standards Commissioner is satisfied that the circumstances justify acceptance of the referral after that time. r. 6 -- 5 of 7 -- S.R. No. 16/2005 Public Administration (Reviews) Regulations 2005 5 7. Application to Public Sector Standards Commissioner for review of failure to commence initial review (1) If— (a) an employee applies for an initial review; and (b) the public sector body fails to commence the initial review within 60 days after receiving the application— the employee may apply to the Public Sector Standards Commissioner for review of the failure to commence the initial review. (2) An application must be made under sub- regulation (1) no earlier than 70 days, and no later than 100 days, after the public service body received the application for initial review unless the Public Sector Standards Commissioner is satisfied that the circumstances justify acceptance of the application after that time. 8. Conduct of reviews by Public Sector Standards Commissioner (1) For the purposes of a review, the Public Sector Standards Commissioner may appoint any person or body unconnected with the initial review, the action or any investigation concerning the action prior to the appointment to conduct the review. (2) For the purposes of a review, the Public Sector Standards Commissioner may— (a) require the public service body Head to provide him or her with information or documents; and (b) interview any employee in the public service body. r. 7 -- 6 of 7 -- S.R. No. 16/2005 Public Administration (Reviews) Regulations 2005 6 (3) A review is to be conducted as quickly, and with as little formality, as a proper consideration of the matter allows. (4) The parties to a review are not to be legally represented unless the person conducting the review considers that either party would be at a significant disadvantage in the absence of legal representation. (5) The Public Sector Standards Commissioner may decline to conduct a review if— (a) the matter is frivolous, vexatious or lacking in substance; or (b) the applicant does not have sufficient personal interest; or (c) the matter is the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal initiated by the applicant; or (d) the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal. 9. Expiry These Regulations cease to have any force or effect on 1 January 2006. ═══════════════ r. 9 -- 7 of 7 --