Determining eligibility

Who can make an Application?

You can make an application to refer breach of public sector standards claim to the Commission if you have:

Who cannot make an Application?

If you have not yet lodged a breach of public sector standards claim to the relevant public sector body in accordance with the BPSS Regulations, you are not eligible to make an application using the Form 24. More information on lodging a breach of public sector standards claim can be found on the Public Sector Commission’s webpage How to lodge a claim.

If it has not yet been 21 days since you lodged your breach of public sector standards claim with the public sector body, you cannot refer your claim to the Commission until after this period has passed. This period is referred to as the agency resolution period and during this time, you should make reasonable attempts to resolve your claim directly with the public sector body.

If your breach of public sector standards claim relates to the Employment Standard regarding recruitment, selection and appointment; acting; or secondment, and remains unresolved after 21 days of being lodged with the public sector body, the public sector body must refer your claim to the Public Sector Commission. Only the Public Sector Commission can assist with resolving unresolved breach of public sector standards claims relating to alleged breaches of the Employment Standard for recruitment, selection and appointment; acting; or secondment matters. More information on the Public Sector Commission’s resolution procedures can be found on the Public Sector Commission’s webpage Conciliation, review and determination.