Breach of Standard Claim

On 1 September 2005 the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005 (external site) came into effect.

If you received written notification about a decision to select or not select you for a vacancy, you should have received written notification under the regulations that included:

  • advice about your right to lodge a claim in relation to the decision made to select or not select you to a vacancy
  • information about how a claim may be lodged
  • the name and contact details of a person from whom you could obtain information about the process that took place in the assessment of your application
  • the date no later than which the claim may be lodged.

The following information is provided to assist you to understand the process of lodging a claim.

Who can make a claim?

Any person who applies for a vacancy may make a claim for relief if he or she:

  • considers the Employment Standard was breached


  • was adversely affected by breach.

How is a claim lodged?

A claim must:

  • be in writing, setting out the grounds on which it is claimed that the Employment Standard has been breached
  • state how the claimant has been adversely affected by the breach
  • be lodged with the Health Support Services (HSS) by the date and time specified in the outcome advice provided to the applicant on this page
  • include copies of any relevant documents the claimant has to support the claim.

When submitting the Breach of Standard Claim form to HSS, please follow the instructions indicated on the form.

If you are posting the claim back to HSS, you will need to allow sufficient time for postage. Posting the claim is not recommended due to time constraints.

You can also hand deliver the form to HSS Reception, located at Level 3, 81 St Georges Terrace, Perth.

It is the applicant’s responsibility to ensure that the Breach of Standard Claim form arrives by the date and time provided in the advice letter.

Applicants already working with WA Health can access the Breach Form (R9) from the HealthPoint Forms.

Where can I learn about the claims process?

The Public Sector Commission (external site) provides an overview of Breach of Standards Claims and the regulations that govern the claims process. The information may assist you in understanding the process and lodging a breach claim.

The aim of the information provided by the Commission – in addition to complying with regulations – is to ensure that claims lodged clearly outline the issues and include the supporting documentation.

Following this process allows for an easier assessment of the claim and potentially a faster resolution.

Claim forms

Public Sector Standard for Employment

The standard is designed to ensure that the most suitable and available people are selected and appointed.

The Standard

The minimum standard of merit, equity and probity is met for recruitment, selection and appointment if:

  • a proper assessment matches a candidate's skills, knowledge and abilities with the work-related requirements of the job and the outcomes sought by the public sector body, which may include diversity
  • the process is open, competitive and free of bias, unlawful discrimination, nepotism or patronage
  • decisions are transparent and capable of review.

More information

Health Support Services (HSS)

Phone: 6444 5000
Fax: 6444 5499

3/81 St Georges Terrace
Perth WA 6000

Postal address:
GPO Box 8545
Perth Business Centre WA 6849

Last reviewed: 15-12-2020
Produced by

Health Support Services