Lodging a claim
Decisions made by agencies that complete a process to which a Standard applies are ‘reviewable decisions’ for the purposes of the Regulations. They may enable a person or employee to lodge a breach of Standard claim against the process used by an agency to make that decision.
This section provides information about:
- reviewable decisions
- key aspects of claim lodgement, including eligibility and prescribed lodgement timeframes
- the Commissioner’s discretion to approve the lodgement of claims after the prescribed lodgement period or before a reviewable decision is made.
Eligibility to lodge a claim
When a reviewable decision is made, a person may lodge a claim if they believe the agency has breached the Standard and they have been adversely affected by that breach.
Limits on eligibility to lodge a claim
There are some limitations on the right to lodge a breach of Standard claim.
For some employment decisions, a person must have been an unsuccessful applicant to lodge a claim.
In the following situations, a person is not eligible to lodge a claim.
- Claims cannot be lodged for appointments to fill vacancies of six months or less, unless the advertisement indicated there was a possibility of permanency or an extension beyond six months.
- An unsuccessful applicant can lodge a breach claim about the process to select people to form part of an appointment pool. However, a successful applicant to an appointment pool cannot lodge a claim about decisions to appoint people to fill a vacancy from the pool.
- The breach of Standard claim process does not apply to the Discipline Standard because other legislation applies.
- Employees who are registered as redeployees under the Public Sector Management (Redeployment and Redundancy) Regulations 1994 cannot lodge claims against the Redeployment Standard. However, people can lodge a claim before they are registered as a redeployee or transferred to another position.
Prescribed timeframes for lodgement
The Regulations prescribe timeframes for lodging a claim.
|Decisions requiring notification under the Employment Standard||
The date given in the notification will be a minimum of four working days. The agency may provide a longer lodgement period.
|Decisions requiring notification under the Grievance Resolution Standard||
The date given in the notification will be 10 working days after it is reasonable to expect the notification would be received.
|All other reviewable decisions to which Standards apply||
10 working days after a person becomes aware of the reviewable decision, or
30 working days after the decision was made, whichever period expires first.
Commissioner’s discretion to approve late or early claims
The Commissioner can approve the lodgement of claims after the prescribed lodgement period or before a reviewable decision is made.
The person who is seeking to lodge the claim must make an application to the Commissioner.
Approval is at the Commissioner’s discretion and will depend on the Commissioner being satisfied there are reasonable grounds for making the claim. Generally, the Commissioner will provide the agency with an opportunity to comment before giving approval.
|If approval is given to lodge a late or early claim, the Commissioner will provide approval to lodge a claim within a specified period and will give a copy of this approval to the agency.|
Page last updated 30 October 2019