The Public Sector Commissioner decides if a standard has been breached by considering the report about the review and other relevant information.
What happens if no breach is found?
The Commissioner writes to you and the agency to inform you of the decision to dismiss your claim and the reasons why. The Commissioner may also choose to raise improvement opportunities with the agency. This finalises the claim.
What happens if a breach is found?
The Commissioner writes to you and the agency informing you of the breach finding and outlining the reasons for the finding. The Commissioner also recommends or directs what remedy, if any, is to be taken by the agency.
What remedy is the agency recommended or directed to take?
The remedy recommended or directed varies depending on the circumstances of your claim. The Commissioner considers any remedy proposed by you and the agency.
A remedy may include:
- recommencing a process from the start or from the point where the breach occurred
- changes to the agency’s policies or practices to minimise breach claims in the future.
If a remedy is directed, the Commissioner specifies the deadline for it to be actioned.
The Commissioner cannot recommend that you are a better candidate than another applicant, or should be appointed to a position, but can direct that a specific person is not appointed.
When might the Commissioner report the matter to the relevant minister or Parliament?
This may occur if an agency:
- does not give the remedy directed by the Commissioner
- has not complied with the regulations.
