Victorian Consolidated Legislation

Public Administration Act 2004 - SECT 64

Review of actions

64. Review of actions



(1) Subject to this section, an employee is entitled to have an action taken
within a public service body that relates to his or her employment reviewed in
accordance with the regulations and any standards issued under subsection (5).

Note Public service bodies include offices specified in section 16(1)-see
section 16(2).

(2) Unless the regulations otherwise provide, an employee is only entitled to
have a review of a proposed appointment or promotion on the ground of an error
of law or a significant deficiency in the selection process or the process on
an initial review.

(3) Regulations made for the purposes of this section may-

   (a)  prescribe exceptions to the entitlement to a review in circumstances
        where-

   (i)  the matter is frivolous, vexatious or lacking in substance; or

   (ii) the applicant does not have sufficient personal interest; or

   (iii) the applicant has not sought an initial review within the public
        service body to which he or she belongs; or

   (iv) the application is not made within a specified period; or

   (v)  the matter is the subject of a complaint under the
        Equal Opportunity Act 1995 or a proceeding in any court or tribunal
        initiated by the applicant; or

   (vi) the matter could more appropriately be the subject of a complaint
        under the Equal Opportunity Act 1995 or a proceeding in any court or
        tribunal;

   (b)  provide for procedures for a review, including empowering the
        appointment of a person or body to conduct a review and specifying
        circumstances in which the applicant or any other party to a review
        may be represented by a legal practitioner or other agent;

   (c)  provide for an initial review to be conducted within the public
        service body to which the employee belongs;

   (d)  provide for the powers available to the person or body conducting an
        initial review within the public service body to which the employee
        belongs;

   (e)  provide for an application for a review to be made directly to the
        Public Sector Standards Commissioner in specified circumstances;

   (f)  provide for an application for a review to be referred to the Public
        Sector Standards Commissioner in specified circumstances on completion
        of an initial review within the public service body to which the
        employee belongs;

   (g)  provide for the powers available to the Public Sector Standards
        Commissioner on conducting a review, including power to require the
        appropriate public service body Head to provide him or her with
        information or documents and power to interview any employee in the
        body.



(4) Regulations made for the purposes of this section-

   (a)  must not require the Public Sector Standards Commissioner to hold a
        formal hearing on a review;

   (b)  must ensure that the rules of natural justice are adhered to on a
        review.

(5) The Public Sector Standards Commissioner may establish and issue standards
concerning procedure for reviews, including minimum standards with which
public sector bodies must comply in establishing review processes.

(6) A standard issued under subsection (5) must not be inconsistent with this
Act or the regulations and, to the extent that it is, the standard is of no
effect.