Discretionary Decision Making Policy
Policy Context In fulfilling their role , public servants are called upon to make decisions in complex situations . These situations often fall outside agency procedures and guidelines . Also , situations may arise where a decision made solely according to policy could result in unjust treatment . When public servants respond to these situations there is an expectation that they will make decisions fairly and consistently .
As a responsive regulator , WorkCover must maintain the capacity to flexibly make decisions . Rigid adherence to rules can cause hardship and injustice . The principles in this Policy are intended to be applied flexibly . A grant of discretion means that different decision makers may arrive at different outcomes – if this were not possible then there would be no discretion exercised .
Exercising sound discretion allows WorkCover staff to decide on appropriate action within the larger legislative and administrative framework . Thus decisions meet not only the letter of the law , but the spirit of the law .
Policy Purpose To guide staff in how to make discretionary decisions that meet the principles of :
• procedural justice
• consistency
• ethical practice and
• good public administration
Policy Goals : By applying this policy decisions made by staff will :
• build legislative duty holders capability
• withstand scrutiny
• demonstrate accountability and transparency
• be in the public interest
• be in line with the direction of the government of the day
Regulatory Goals : As a result of applying this policy :
• duty holders will trust WCA to make sound decisions and as a consequence will positively respond by following direction , accepting guidance , seeking assistance and complying with enforcement action
• the community will value WCA ’ s contribution to making work healthy and safe
• compliant duty holders will feel their actions are acknowledged because they trust WCA to hold non-compliant duty holders to account
Scope : This policy applies to all WHSD staff .
Legislation :
• Public Sector Management Act ( applies to all staff )
• WHS Act ( details discretionary decisions that may be made and mandatory decisions that must be made by an inspector and the regulator in particular circumstances )
Policy Principles A . Discretionary decisions can only be made within your authority o Situations requiring a discretionary decision outside your role and responsibility must be immediately reported to your manager