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