Appeal a decision
Public service employees may appeal certain decisions that affect their employment. The Public Service Act 2008 states:
- which decisions may be appealed
- which decisions cannot be appealed
- who can appeal
- the forum for appeal is the Queensland Industrial Relations Commission under the Industrial Relations Act 2016.
Appeals can be made against:
- decisions under a directive, including independent medical examinations, performance improvement plans
- section 187 discipline decisions finding a disciplinary ground exists
- suspension without pay decisions
- promotion decisions, other than non-appealable appointments
- transfer decisions
- conversion decisions (non-conversion of a casual or fixed term temporary employee after 2 years, hours offered on conversion, non-appointment to a higher classification level after 2 years)
- fair treatment decisions
- direction decisions under section 88IA, only to the extent the direction affects an employee.
A person must have standing to appeal, as set out in Section 196 of the Public Service Act 2008. An appeal must be made in the time set by the QIRC, usually within 21 days of the decision being appealed.
This provides an independent and impartial way for public service employees to have decisions reviewed. The Appeals directive provides some more specific rules about appeal entitlements and requirements for the appeal process.
Make an appeal
The Queensland Industrial Relations Commission (QIRC) administers the public service appeals function under the Industrial Relations Act 2016.
The Appeals Guide sets out an overview of procedures that the QIRC will usually adopt in managing public service appeals.
Other review options
Before making an appeal, an employee may be required to use other review options such as their agency’s individual employee grievance process, or an internal review process for a decision.
An employee may ask the PSC to review a current work performance matter relating to an investigation, discipline or suspension where they have already used their agency’s individual employee grievance process and still have concerns that procedural requirements have not been met.
Other review avenues may also be available:
- Make a complaint to the Ombudsman
- Make a complaint to the Human Rights Commission
- Seek Judicial review under the Judicial Review Act 1991.
Periodically the Public Service Commission publishes ‘notable’ cases to provide agencies and employees considering an appeal with information about decisions made by the Queensland Industrial Relations Commission (QIRC).
Annual report to the Premier for public service appeals