CI-23 Status Update

Friday 29 Nov 2019

Since our last report, we have continued to meet with different Health Service Providers (HSPs) and with all levels of government including at Ministerial level. This work is ongoing as we know that continued advocacy is the only way to get the HSP’s moving.

We now have the latest figures (end September 2019) from the government on the application of the Commissioner’s Instruction 23 across the public sector. There has been a 7.4% reduction in the number of fixed-term contracts in the past year but an increase of 1.6% in the use of casuals. Neither number inspires confidence, and there is still only 72% of public sector employees employed on a permanent basis. It’s still not good enough!

Public Sector

• No. of contracts reviewed: 27,349 (FTC and casual)

• No. considered to have not met criteria of 2 years’ service: 19,321

• No. offered permanency: 1,500 (1154 FTC + 346 casual)

• No. still to be reviewed: 5,605


Health is still significantly behind the rest of the public sector. As we have been reporting the HSP’s waited until mid-year to even commit the basic resources to the review process. They delayed and then underestimated the scale and complexity of the implementation process.

• Most employees still to be reviewed are in Health – 84% of the 2,134 FTC and 77% of 3,471 causal.

• Between 10 August 2018 and 30 September 2019 only 138 workers in Health were offered permanency. • In October 2019, a further 116 offers were made in Health.

• No. offered permanency in Health: 254

It appears that only one HSP, Health Support Services is on target to have concluded the conversion of eligible fixed-term and casual employees by the end of this year. Each other HSP is at a different stage of their process – but most will not be finished for many more months. We expect North Metro and WACHS to go well into the New Year.


Our warnings that without clear system-wide IR directions that the HSPs would interpret and apply the instructions’ criteria differently is being realised. There is not a consistent common understanding of the stated reasons for contracts, how reliable their contract data is, what constitutes a ‘same or similar role’, and ‘ongoing funding’ and positions (known as ‘affordable FTE’).

We have had discussions where certain HSPs have agreed that they will use common sense in their application and apply ‘a lens’ to the reviews that meets the intent of the instruction – to make jobs permanent.

We are here to help members if they want to question their outcome.

Should you question your outcome?

If you have been told by your employer that you are not eligible to be made permanent, then you may want to consider investigating it further. We have around 25 members questioning their outcomes at present.

As more assessment decisions come out, we will report on how fair and accurate the process has been applied. Remember there is a range of criteria to be met - particularly important to note is that if you have less than 2 years’ service you are not eligible under CI-23. While we know many assessments decisions will stand up, some simply won’t – please question your decision if it doesn’t seem right.

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