Office of the Public Sector Standards Commissioner

Public Sector Standards (HRM)

Information about lodging a breach claim

Key features of the breach claim process

Conciliation

  • On receipt of a breach claim, the focus is on resolving the claim through conciliation. An impartial conciliation and review officer encourages resolution of a claim and provides advice about the application of the standards and regulations.
  • The conciliator is skilled in ensuring a balance between involvement by the claimant and the agency in the process.
  • Both the agency and the claimant can choose to participate in the conciliation process. If either party does not wish to participate in conciliation, then the matter goes to review.

Review

  • If conciliation is not possible, an impartial conciliation and review officer undertakes a review of the claim and reports to the Commissioner for a determination. Both parties can provide information relevant to the claim.
  • During this process the claimant can withdraw at any time if their concern is resolved.
  • If resolution is not possible, the Commissioner makes an independent determination on whether there has been a breach of the standard. The Commissioner then notifies both parties, giving reasons for the decision.
  • If there has been a breach of the standard, the Commissioner will recommend to the agency the action required to remedy the breach.

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Page last updated: July 09 2009