Commissioner’s Instruction 15 sets the minimum procedural requirements for appointing former public service officers who have entitlements to be re-appointed to the public service when their employment in or appointment to statutory offices ends.
These guidelines should be read in conjunction with the Public Sector Management Act 1994 (PSM Act), accompanying regulations, legislation of the relevant statutory office, and other legislative and policy requirements.
Process for employment in a statutory office
Show moreIt is important for the statutory office, the public service officer and the officer’s home agency to each be clear about the entitlements and requirements for employment in a statutory office before that employment commences.
This can be done by the statutory office advising the public service officer being offered employment at the statutory office whether there is a legislative entitlement for that officer to return to the public service when they cease employment at the statutory office. The person considering employment should also check and be aware of any legislative entitlement for re-appointment before accepting employment at a statutory office.
The person needs to put in writing, usually giving not less than one month’s notice, of their intention to resign from their agency (specified in clause 8 of the Public Service Award 1992) before taking up employment in the statutory office. Resignation is necessary as employment in a statutory office is not consistent with continuing appointment as a public service officer.
At this time, it is useful for the officer to request a certificate of service so they have details of their period of service with the home agency at the time of their resignation.
When the home agency receives a request from the person for this certificate, clause 7 of the Public Service Award 1992 requires the certificate to contain full information about the period of service and duties performed by the person. This would normally include the title of each job, its classification, period held and summary of duties; statement of skills and abilities (mutually agreed); list of training and qualifications; and the most recent job description.
If the person does not give written notice of their resignation, employment in the public service is potentially taken to have ended on the day the person ceases their duties to take up employment in the statutory office.
Returning to the public service
Show moreNotice of intention to exercise entitlement
The person should provide their home agency with at least 3 months’ notice of their intention to return to the public service so the agency can process their request and ensure a smooth transition.
The person should notify their agency in writing and include:
- legislative provision providing the entitlement
- date they end employment with the statutory office and are available for appointment to a public service position
- reason for ceasing employment with the statutory office
- classification level they are seeking on appointment
- curriculum vitae
- statement of skills, abilities and qualifications
- current job description if available.
This allows the home agency and other public service agencies to:
- identify available positions
- assess the person’s suitability for appointment to an available position
- where suitable, appoint the person to a position immediately after they end employment with the statutory office.
Before ending employment in the statutory office the person should:
- with the statutory office, agree to a statement of the skills, abilities and qualifications they have achieved
- obtain their current job description and a record of service detailing all positions held at the statutory office.
The statutory office should, on request by the home agency, share employment details such as the person’s:
- current classification level at the statutory office (excluding acting)
- end date
- reason for ceasing employment
- skills, abilities and qualifications (see below)
- most recent job description
- record of positions held.
Finding a suitable position
Under Commissioner’s Instruction 15, the home agency is required to assist the person find a suitable vacant position in the agency or another agency. The person should also actively monitor JobsWA to identify public service vacancies they are interested in.
Where the person identifies an available position in the home agency or another agency, they should immediately advise the home agency in writing of the details of this position and their interest.
Under Commissioner’s Instruction 15, the home agency must suspend any recruitment process underway for a suitable vacant position and has to offer the person the position. If there are no current vacancies in the home agency, it must assist the person to identify other suitable vacancies across the public service.
When the person advises that they are interested in an available position in another agency, the home agency should send a referral to that agency and request the agency of the requirement under Commissioner’s Instruction 15 to consider the person for suitability for the available position.
The referral should include the person’s:
- interest in the position
- entitlement to appointment to a public service position
- previous public service substantive classification level and current statutory office substantive classification level (excluding acting)
- curriculum vitae; statement of skills, abilities and qualifications; and job description
- contact details.
The home agency should advise the person of the date the referral was made.
The other agency should contact the person as soon as practical after receiving the referral.
If the person is found suitable, the other agency should notify the home agency as part of the usual recruitment processes under Commissioner’s Instruction 2: Filling a Public Sector Vacancy.
If the person is found not suitable for the other agency’s vacant position, the other agency should advise the home agency in writing of the reason and decision. If there are no suitable vacant positions advertised by other agencies, the home agency must create a new position and appoint the person under Commissioner’s Instruction 15.
Offer and acceptance of employment
The offer of employment should be in writing and include the appointment date.
The person’s acceptance of the offer of employment should also be in writing. If the available position was advertised, good practice recommends the agency notifies applicants that the vacancy has been withdrawn because it has been filled in accordance with Commissioner’s Instruction 15.
The person’s appointment is to both the public service and the available position (section 64(1)-(3) of the PSM Act).
Terms and conditions
When a person has not been appointed to a suitable vacant position before their employment ends at the statutory office, the person must be appointed under Commissioner’s Instruction 15 with terms and conditions no less than their former employment at the home agency.
While the person may apply to be appointed to a position at a higher level than they previously held, there is no guarantee for this to occur. It would require a higher level position to be available and the person to undergo an assessment of merit for an appointment to the position as set out in Commissioner’s Instruction 2.
The person may seek appointment to a position at their previous public service classification level and to a higher level position at the same time.
Assessment and appointment
While there needs to be an individual assessment of merit before appointment, there is no requirement to:
- advertise a new position created for the purpose of appointing a former public service officer who is exercising their legislative entitlement
- seek redeployment clearance.
Acts of Parliament prescribing entitlement to appointment
Show moreAs at 8 April 2024, the following acts of the Western Australian Parliament prescribe an entitlement referred to in Commissioner’s Instruction 15. The list is not exhaustive and may change.
The wording and application of the entitlement provision(s) in each act varies. For example, some acts provide entitlement for only the statutory office holder. Some provide entitlement for employees of the statutory office.
Consult the wording of the relevant act when following Commissioner’s Instruction 15 and these guidelines. For example, check that a person employed by a statutory office who is seeking to return to the public service has an entitlement under the legislation.
- Arts and Culture Trust Act 2021
- Auditor General Act 2006
- Commissioner for Children and Young People Act 2006
- Corruption, Crime and Misconduct Act 2003
- Director of Public Prosecutions Act 1991
- Economic Regulation Authority Act 2003
- Electoral Act 1907
- Environmental Protection Act 1986
- Freedom of Information Act 1992
- Health and Disability Services (Complaints) Act 1995
- Inspector of Custodial Services Act 2003
- Law Reform Commission Act 1972
- Minerals Research Institute of WA Act 2013
- Parliamentary Commissioner Act 1971
- Public Sector Management Act 1994
- Work Health and Safety Act 2020
- Zoological Parks Authority Act 2001
