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
| Outcome | n | % |
|---|---|---|
| Resolved other | 2 | 33% |
| Against applicant dismissed | 2 | 33% |
| Against applicant dismissed_jurisdiction | 1 | 17% |
| Resolved (unspecified) | 1 | 17% |
By jurisdiction
| Court | n |
|---|---|
| Single Commissioner (WAIRC) | 52 |
| Public Service Appeal Board (former) | 12 |
| WA Court of Appeal | 6 |
| Full Bench (WAIRC) | 4 |
| Industrial Appeal Court | 2 |
| Industrial Magistrates Court | 2 |
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
| Citation | Court | Role | Cited |
|---|---|---|---|
| [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
| Citation | Court | Role | Date | Outcome | Cited |
|---|---|---|---|---|---|
| [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 |