Commissioner’s Instructions are instruments issued by the Public Sector Commissioner under s22A of the Public Sector Management Act 1994 (PSM Act) which provide directions to public sector bodies and/or employees on matters relating to the Commissioner’s functions or the application of the PSM Act. Over time, other compliance instruments such as the Standards in Human Resource Management, Approved Procedures and Administrative Instructions will be converted to Commissioner’s Instructions format or be phased out.
The scope and application of a Commissioner’s instruction identifies to whom the instruction applies. The directives under the ‘Instruction’ heading are mandatory but an instruction may also include supporting information such as accompanying frameworks or guidelines to assist public sector bodies in its application. This information is provided for guidance purposes only and does not form part of the mandatory requirements. CEOs are responsible for keeping informed of the content of instructions and disseminating that information to relevant staff.
The Commissioner may grant an exemption or variation from a Commissioner’s Instruction in exceptional circumstances such as where an agency can demonstrate that compliance would significantly impact on service delivery and the situation was unable to be addressed by the agency through planning or appropriate management.
Before seeking an exemption or variation agencies must consider any alternate mechanisms or administrative arrangements that could be applied to achieve the same or similar outcome. The application checklist is provided as a guide for agencies seeking an exemption or variation. For further information contact the Commission on the enquiries number provided in the instruction.
Please note the Commissioner may:
- By order published in the Gazette exempt the whole or any part of a public sector body from compliance with the whole or any part of a public sector standard or the Code of Ethics (ref: s21(9A) PSM Act).
- Issue a variance to an instruction excluding a public sector body or class of employee from the requirement to comply with the whole or part of an instruction, this must be made publically available in such manner as the Commissioner thinks appropriate (ref: S22 A(3) (4) PSM Act).
Commissioner’s Instruction No. 10 – Review of classification level of employees seconded to special offices to assist a political office holder
This instruction sets out the process to be applied for a classification level review for a public sector officer seconded to a special office created to assist a political office holder.
- Commissioner’s Instruction No. 10 – Review of classification level of employees seconded to special offices to assist a political office holder
Commissioner's Instruction No. 8 – Codes of conduct and integrity training
This instruction establishes the requirement for public sector bodies to develop their own code of conduct and to provide training to employees and board members on accountable and ethical decision-making, and identifies the official conduct requirements which must be included within a public sector body’s code of conduct. It repeals and replaces Administrative Instructions 707, 712 and 726, Public Sector Commissioner’s Circulars 2009-03 and 2009-08.
Commissioner's Instruction No. 7 – Code of Ethics
This instruction sets out the minimum standards of conduct and integrity to be complied with by all public sector bodies and employees. It repeals and replaces the Western Australian Public Sector Code of Ethics previously issued on 1 February 2008 by the former Commissioner for Public Sector Standards.
Commissioner's Instruction No. 6 – Workforce data reporting obligations
This instruction sets out the minimum workforce data reporting obligations and common data definitions that apply to public sector agencies to facilitate comparative analysis of workforce trends and to support the collation of whole of sector information.
Commissioner's Instruction No. 5 – Publishing a public sector notice
This instruction sets out the requirements for the publishing of notices in accordance with the PSM Act.
Commissioner's Instruction No. 4 – Discipline – former employees
This instruction sets out the circumstances in which an employing authority may commence or continue a disciplinary process in relation to a person who is no longer an employee of the employing authority, and the manner in which that process is conducted.
Commissioner's Instruction No. 3 – Discipline – general
This instruction contains the minimum procedural requirements to be followed by employing authorities when dealing with suspected breaches of discipline or disciplinary matters and taking disciplinary action under Part 5 of the PSM Act.
Commissioner's Instruction No. 2 – Filling a Public Sector Vacancy
This instruction sets out the requirements which apply when filling a vacancy in the Western Australian public sector.
- Commissioner's Instruction No. 2 – Filling a Public Sector Vacancy (21 February 2011)
- Commissioner's Instruction No. 2 – Filling a Public Sector Vacancy: Questions and Answers
Commissioner's Instruction No. 1 – Employment Standard
This instruction establishes the minimum standards of merit, equity and probity to be complied with by the employing authority of each public sector body when filling a vacancy.
- Commissioner's Instruction No. 1 – Employment Standard (21 February 2011)
- Commissioner's Instruction No. 1 – Employment Standard: Questions and Answers
Page last updated 4 February 2013