Benchmark WA Industrial Relations Case Database

Public sector standards (PSC)

doctrinal WA ps_standards_wa branch: public_sector
Statute Public Sector Management Act 1994 (WA)

Synthesis · 78 tagged cases

78 tagged decisions (6 as primary). Of primary decisions, the most common outcome is 'other' (2, 33%).

Outcome distribution

Outcomen%
Resolved other 2 33%
Against applicant dismissed 2 33%
Against applicant dismissed_jurisdiction 1 17%
Resolved (unspecified) 1 17%

By jurisdiction

Courtn
Single Commissioner (WAIRC)52
Public Service Appeal Board (former)12
WA Court of Appeal6
Full Bench (WAIRC)4
Industrial Appeal Court2
Industrial Magistrates Court2

Key articulated principles · 12

para 38 — from [2002] WASCA 241 WA Court of Appeal
The Public Sector Code of Ethics, based on principle of 'Respect for Persons', extends to interactions between public sector employees outside the workplace and hours of duty, where those interactions have relevance to the status or position of the employees within the public sector.
para 42 — from [2002] WASCA 241 WA Court of Appeal
Section 9(c) PSMA imposes principles of conduct on both public sector bodies and public sector employees and requires that in their dealings with each other public sector employees are to be courteous, considerate and sensitive.
para 44 — from [2002] WASCA 241 WA Court of Appeal
For s9(c) dealings to fall within the intended scope of that provision, if not in the course of public sector employment, the dealing must be 'relevant' to that employment or have a 'relevant connection' to that employment.
para 41 — from [2002] WASCA 241 WA Court of Appeal
Section 9(b) PSMA refers expressly to 'performance of official duties'; conduct that is not within the performance of official duties cannot be a breach of the requirement to 'act with integrity in the performance of official duties'.
para 35 — from [2024] WASCA 126 WA Court of Appeal
The principles in s 7-s 9 of the PSM Act are not independent statutory rules establishing duties and obligations but are principles to which the Commissioner must have regard in issuing instructions establishing public sector standards and which regulate the exercise of the functions of chief executive officers and chief employees.
para 57 — from [2024] WASCA 126 WA Court of Appeal
Sections 7–9 of the PSM Act identify principles by which other provisions of the PSM Act operate and do not establish independent obligations and duties; they apply only to the extent provisions of the PSM Act require regard to be had to them or functions to be performed in accordance with them.
para 149 — from [2016] WAIRC 902 WAIRC — Single Commissioner
An appointment under s64 of the PSM Act must comply with s64 of the PSM Act, the Commissioner's Instructions, and any order of the Arbitrator; whether deeming orders would result in a lawful permanent appointment is a separate matter.
para 144 — from [2005] WAIRC 1813 WAIRC — Full Bench
Provisions of the PSM Act ss7-9 concerning principles of administration and conduct are guidelines or aspirational in nature rather than mandatory requirements whose breach renders a decision void or voidable.
Test: Mandatory vs directory character of PSM Act principles
para 182 — from [2021] WAIRC 476 PSAB (former)
The term 'conditions of service' in s80I(1)(a) is wide and encompasses all statutory and contractual terms of appointment, including the organisational structure and reporting lines which determine the environment affecting employment.
para 29 — from [2017] WAIRC 737 WAIRC — Single Commissioner
A public sector standard has application to various methods by which vacancies in the public sector may be filled; the Employment Standard applies when filling a vacancy by recruitment, selection, appointment, secondment, transfer and temporary deployment. The Commission's jurisdiction is excluded in its entirety in respect of a matter where a public sector standard has been prescribed and procedures have been made under s97(1)(a) of the Public Sector Management Act.
para 1 — from [2020] WAIRC 885 Industrial Appeal Court
Professional standards under Teacher Registration Act refer to standards developed by the Board and approved by the Minister, detailing abilities, experience, knowledge or skills expected of registered teachers.
para 1 — from [2020] WAIRC 885 Industrial Appeal Court
The Board's levels of provisional registration and full registration are directly linked to the graduate standard and proficient standard respectively.

Leading cases · by citation count

CitationCourtRoleCited
[2026] WAIRC 00072 WAIRC — Single Commissioner primary 1
[2019] WAIRC 754 WAIRC — Full Bench primary 1
[2005] WASCA 244 WA Court of Appeal secondary 25
[2002] WASCA 241 WA Court of Appeal secondary 11
[2020] WASCA 16 WA Court of Appeal secondary 7
[2021] WASCA 14 WA Court of Appeal secondary 3
[2024] WASCA 126 WA Court of Appeal secondary 2
[2016] WAIRC 902 WAIRC — Single Commissioner secondary 2

All tagged cases · 78

CitationCourtRoleDateOutcomeCited
[2026] WAIRC 00072 WAIRC — Single Commissioner primary 2026-02-06 Resolved 1
[2019] WAIRC 754 WAIRC — Full Bench primary 2019-10-17 Against applicant 1
2026 WAIRC 00185 WAIRC — Single Commissioner primary 2026-03-27 Against applicant 0
[2021] WAIRC 72 WAIRC — Single Commissioner primary 2021-03-16 Resolved 0
[2017] WAIRC 986 PSAB (former) primary 2017-12-06 Against applicant 0
(2014) 94 WAIG 2 WAIRC — Single Commissioner primary 2013-10-29 0
[2005] WASCA 244 WA Court of Appeal secondary 2005-12-19 Resolved 25
[2002] WASCA 241 WA Court of Appeal secondary 2002-09-03 Resolved 11
[2020] WASCA 16 WA Court of Appeal secondary 2020-02-11 For applicant 7
[2021] WASCA 14 WA Court of Appeal secondary 2021-01-29 Against applicant 3
[2024] WASCA 126 WA Court of Appeal secondary 2024-10-09 Against applicant 2
[2016] WAIRC 902 WAIRC — Single Commissioner secondary 2016-11-30 Resolved 2
[2015] WAIRC 973 WAIRC — Single Commissioner secondary 2015-10-29 Against applicant 2
[2002] WASCA 19 WA Court of Appeal secondary 2002-02-01 Against applicant 2
[2021] WAIRC 476 PSAB (former) secondary 2021-08-23 Against applicant 1
[2021] WAIRC 2 WAIRC — Single Commissioner secondary 2021-01-13 Against applicant 1
[2019] WAIRC 716 WAIRC — Full Bench secondary 2019-09-18 Against applicant 1
[2017] WAIRC 737 WAIRC — Single Commissioner secondary 2017-08-18 Against applicant 1
[2016] WAIRC 882 WAIRC — Single Commissioner secondary 2016-11-16 Against applicant 1
[2016] WAIRC 104 WAIRC — Full Bench secondary 2016-02-25 Against applicant 1
[2014] WAIRC 371 WAIRC — Single Commissioner secondary 2014-05-06 Resolved 1
[2013] WAIRC 1064 WAIRC — Single Commissioner secondary 2013-12-13 Resolved 1
[2005] WAIRC 1813 WAIRC — Full Bench secondary 2005-01-01 Against applicant 1
[2026] WAIRC 00018 WAIRC — Single Commissioner secondary 2026-01-15 Resolved 0
2025 WAIRC 00775 WAIRC — Single Commissioner secondary 2025-09-11 Against applicant 0
2025 WAIRC 00442 PSAB (former) secondary 2025-07-25 Against applicant 0
[2024] WAIRC 01069 WAIRC — Single Commissioner secondary 2024-12-23 For applicant 0
[2024] WAIRC 8 PSAB (former) secondary 2024-01-10 Against applicant 0
[2023] WAIRC 260 PSAB (former) secondary 2023-05-05 Against applicant 0
[2023] WAIRC 206 PSAB (former) secondary 2023-04-14 Against applicant 0
[2022] WAIRC 107 PSAB (former) secondary 2022-03-10 Resolved 0
[2022] WAIRC 25 WAIRC — Single Commissioner secondary 2022-01-27 For applicant 0
[2020] WAIRC 945 WAIRC — Single Commissioner secondary 2020-12-03 For applicant 0
[2020] WAIRC 885 Industrial Appeal Court secondary 2020-11-02 Against applicant 0
[2019] WAIRC 664 WAIRC — Single Commissioner secondary 2019-09-02 For applicant 0
[2019] WAIRC 309 WAIRC — Single Commissioner secondary 2019-06-25 Against applicant 0
[2019] WAIRC 235 WAIRC — Single Commissioner secondary 2019-05-15 Against applicant 0
[2019] WAIRC 122 PSAB (former) secondary 2019-02-13 Against applicant 0
[2018] WAIRC 927 WAIRC — Single Commissioner secondary 2018-12-21 For applicant 0
[2018] WAIRC 926 WAIRC — Single Commissioner secondary 2018-12-21 Resolved 0
[2018] WAIRC 922 WAIRC — Single Commissioner secondary 2018-12-21 For applicant 0
[2017] WAIRC 852 PSAB (former) secondary 2017-10-04 Resolved 0
[2017] WAIRC 725 WAIRC — Single Commissioner secondary 2017-08-14 Against applicant 0
[2015] WAIRC 986 WAIRC — Single Commissioner secondary 2015-11-03 Against applicant 0
[2015] WAIRC 763 WAIRC — Single Commissioner secondary 2015-07-31 Against applicant 0
[2015] WAIRC 426 WAIRC — Single Commissioner secondary 2015-06-09 For applicant 0
[2013] WAIRC 200 WAIRC — Single Commissioner secondary 2013-04-09 Against applicant 0
[2012] WAIRC 770 WAIRC — Single Commissioner secondary 2012-08-21 Against applicant 0
[2011] WAIRC 474 WAIRC — Single Commissioner secondary 2011-07-05 Resolved 0
(2002) 82 WAIG Industrial Appeal Court secondary 2002-02-01 Against applicant 0
[2015] WAIRC 875 WAIRC — Single Commissioner mentioned 2015-09-16 Against applicant 4
[2022] WAIRC 636 WAIRC — Single Commissioner mentioned 2022-08-29 Against applicant 2
[2016] WAIRC 733 WAIRC — Single Commissioner mentioned 2016-08-30 Against applicant 2
[2023] WAIRC 883 PSAB (former) mentioned 2023-11-09 Against applicant 1
[2015] WAIRC 517 WAIRC — Single Commissioner mentioned 2015-07-17 Against applicant 1
2026 WAIRC 00066 WAIRC — Single Commissioner mentioned 2026-02-05 For applicant 0
[2025] WAIRC 00409 WAIRC — Single Commissioner mentioned 2025-07-08 For applicant 0
2024 WAIRC 01067 WAIRC — Single Commissioner mentioned 2024-12-20 Against applicant 0
[2024] WAIRC 367 WAIRC — Single Commissioner mentioned 2024-06-26 Resolved 0
[2023] WAIRC 659 PSAB (former) mentioned 2023-08-08 Resolved 0
[2023] WAIRC 265 WAIRC — Single Commissioner mentioned 2023-05-09 Resolved 0
[2023] WAIRC 149 Industrial Magistrates Court mentioned 2023-03-22 Against applicant 0
[2023] WAIRC 101 WAIRC — Single Commissioner mentioned 2023-02-21 For applicant 0
[2023] WAIRC 5 WAIRC — Single Commissioner mentioned 2023-01-06 Resolved 0
[2023] WAIRC 8 WAIRC — Single Commissioner mentioned 2023-01-06 Resolved 0
[2023] WAIRC 11 WAIRC — Single Commissioner mentioned 2023-01-06 Resolved 0
[2023] WAIRC 6 WAIRC — Single Commissioner mentioned 2023-01-06 Resolved 0
[2023] WAIRC 10 WAIRC — Single Commissioner mentioned 2023-01-06 For applicant 0
[2023] WAIRC 4 WAIRC — Single Commissioner mentioned 2023-01-06 Resolved 0
[2022] WAIRC 737 PSAB (former) mentioned 2022-10-19 Resolved 0
[2019] WAIRC 803 WAIRC — Single Commissioner mentioned 2019-11-12 For applicant 0
[2019] WAIRC 787 WAIRC — Single Commissioner mentioned 2019-11-04 Resolved 0
[2019] WAIRC 53 WAIRC — Single Commissioner mentioned 2019-02-12 Resolved 0
[2018] WAIRC 858 WAIRC — Single Commissioner mentioned 2018-11-20 For applicant 0
[2018] WAIRC 128 WAIRC — Single Commissioner mentioned 2018-02-21 Against applicant 0
[2014] WAIRC 325 WAIRC — Single Commissioner mentioned 2014-04-24 Against applicant 0
[2013] WAIRC 283 Industrial Magistrates Court mentioned 2013-05-15 Resolved 0
[2012] WAIRC 844 WAIRC — Single Commissioner mentioned 2012-09-18 For applicant 0