Review Pres Brochure:Layout 1 2/11/15 10:44 AM Page 1
Review of Action in the Department of Education & Training
mpb
MERIT PROTECTION BOARDS
The application is checked against the requirements within the Public Administration
(Review of Actions) Regulations 2005:
● is it in time?
● does the outcome sought relate to the action taken?
● does the Merit Protection Boards have jurisdiction to hear the matter?
2 Where the application is accepted, a copy is sent to the person(s) responsible for the decision or
action (the decision maker) and a written statement requested within 5 working days.
This statement is sent to the appellant prior to the hearing.
The Hearing
Each Board comprises a Chairperson, a nominee of the Secretary and a VPS employee selected by the Senior
Chairperson. The hearings are not open to the public therefore the attendance of any person not directly related to
the grievance requires prior approval of the Senior Chairperson.
The Board members have read the application and any supporting documents, therefore appellant’s are advised to
concentrate on the actions on which the grievance is based.
At the conclusion of the appellant’s case, the decision maker or agent has a right of reply. When questions from the
Board have been answered, the appellant or agent has the opportunity to make a brief final statement.
4 The appellant and the decision maker(s) will be contacted to arrange a suitable date and time for
the hearing. Confirmation of the date, time and venue for the hearing will be sent via email.
When the hearing has finished the parties leave. The Board carefully considers all the information relevant to the
grievance in making its decision.
It is advisable that parties who will be presenting at a Board hearing prepare notes of the key points
of their grievance so that these can be made clearly and succinctly.
Prior to the hearing Board members will have been provided with and will have read:
● the grievance application,
● the written statement to the grievance provided by the decision maker, and
● any other relevant documentation.
Any party wishing to present additional material at the hearing can do so only with the permission of
the Senior Chairperson. Parties should provide three copies for the Board and one copy for the other
party(ies). The provision of sufficient copies is the responsibility of the individual concerned.
Voluminous material may result in the hearing being adjourned and rescheduled to a later date.
Representation at the Hearing
An agent, for example a union representative, friend or colleague, may accompany either party to the
hearing. The parties may present their own case or be represented or supported by their agent.
The Senior Chairperson may allow legal representation if:
● it is considered that either party would be at a significant disadvantage in the absence of
legal representation, or
● the Senior Chairperson considers there to be exceptional circumstances.
Requests to be legally represented should be made not less than 3 days before the hearing.
Personal and Selection Grievances for
Victorian Public Service Employees in the
Possible Outcomes
VPS Review of Action Board Recommendations are sent to the Secretary of the Department, who then makes
the final decision:
● to confirm the validity of the action or decision;
● to vary, reverse or revoke the action or decision;
● to request that an action or decision be reconsidered;
● to change Departmental processes;
● to request that a selection decision be reconsidered;
● to request that the position be re-advertised; or
● that any other action be taken.
The Decision
Generally the Secretary of the Department will abide by the recommendation of the VPS Review of Action Board
and will confirm this in writing. Where the Secretary does not adopt the recommendation within 7 days of receiving
it, he or she must provide in writing reasons for not adopting the recommendation. This advice must go to the
Victorian Public Sector Commissioner, the appellant and any other person affected by the recommendation.
Review of Action processes, recommendations and decisions may be reviewed by other bodies such as the
Victorian Public Sector Commissioner, or the Supreme Court of Victoria if the applicant considers that the process
used for the initial review was unfair (or not compliant with the Public Administration Act 2004, Public Administration
(Review of Actions) Regulations 2005 or relevant standards).
For further information, please contact the office of the Victorian Public Sector Commissioner.
MERIT PROTECTION BOARDS
MPB:
If an agent is to attend, the Registrar should be notified of the agent’s name at least one day before the
hearing.
ACTION
Then:
● invite the appellant or agent to present their case, allowing up to 30 minutes, and
● facilitate questions by Board members.
3 The decision maker may also be required to forward to the Merit Protection Boards additional
supporting documentation, particularly in relation to selection grievances. This documentation is for
the Board’s use only and will not be provided to the appellant.
Preparing for the Hearing
Review of
At the commencement of the hearing the Chairperson will:
● invite the decision maker or agent to speak to their written statement to the appellant’s claims, and
● seek clarification of points raised as required by the Board.
Level 4, Casselden Place, 2 Lonsdale Street,
Melbourne, 3000
Phone:
9032 1701
Fax:
9032 1709
Email:
[email protected]
Website: www.mpb.vic.gov.au
mpb
MERIT PROTECTION BOARDS
Department of Education & Training
juicedesign&marketing: 0408 449 002 - Nov2015
What Happens Next
1 The application will be acknowledged by the Registrar. Wherever possible all communications,
including confirmation of hearing dates will be managed via email.
Review Pres Brochure:Layout 1 2/11/15 10:44 AM Page 2
Review of Action in the Department of Education & Training
Public Service Grievances
Review of Action
s
All Government Departments are required to have a grievance review process to
ensure that concerns of employees are dealt with promptly and fairly.
The Merit Protection Boards is an independent statutory body established under the
Education and Training Reform Act 2006 (ETRA). Its functions include hearing reviews
and appeals of decisions made under the ETRA (except Part 2.4 Division 9A and Division
10) and the Public Administration Act (2004) for Victorian Public Service (VPS) employees
who are employed by the Department of Education and Training.
Selection Grievance
Lodging a Review of Action
Victorian Public Service employees (excluding Executive Officers) and ongoing members of the
teaching service may lodge an application for a Review of Action (Selection Decision) in relation to a
VPS appointment where:
● the selection decision was made within the Department;
● the employee was qualified to apply for the position;
● the employee applied for the position (or would have applied for the position if it had been
advertised according to Department policies and procedures);
● a selection decision was made; and
● the person selected was an employee of the Department, an employee of
another VPS agency (provided the non-selection would represent a promotion
for that person), or an unplaced staff member.
A Review of Action must be lodged on the appropriate application form which is available online
at: www.mpb.vic.gov.au (or contact the Registrar on 9032 1701 for assistance).
An application must be in writing and be signed by the employee making the application.
Review of Action (Personal Grievance):
www.education.vic.gov.au/hrweb/employcond/Pages/grievPSS.aspx
Review of Action (Selection Grievance):
www.education.vic.gov.au/hrweb/employcond/Pages/appealPSS.aspx
You have 10 working days from the date of a selection decision, or the date of
notification of the decision, or the date on which you became aware of the selection
decision, whichever comes last, to lodge your application for Review of a Selection
Decision, and 28 calendar days to lodge a Review of Action in the case of a Personal
Grievance.
Personal grievance applications must specify the:
● action to which the application relates and the date the action was taken;
● date the employee was notified, or first became aware of the action;
● name and title of the decision maker or person who authorised or took the action;
● grounds for the employee’s grievance against the action; and
● outcome sought in relation to the action to be reviewed.
Note - a copy of the decision letter must be attached to your grievance application.
p
Victorian Public Service employees (excluding Executive Officers) who are employed
by the Department may lodge an application for Review of Action in accordance
with the provisions of the current applicable Act:
p
An employee may only request the review of a selection decision on the following grounds:
● an error of law; or
● significant deficiency in the selection process.
When a Personal or Selection grievance is lodged the Merit Protection Boards Senior
Chairperson will refer such an application to a VPS Review of Action Board.
The right to a Grievance Review
Completed forms can be:
lodged in person or posted to the Registrar;
Merit Protection Boards, Level 4, Casselden Place, 2 Lonsdale Street, Melbourne 3000;
● faxed to 9032 1709;
● scanned and emailed to [email protected]
●
Personal Grievance
An employee may lodge an application for a Review of Action (Personal Grievance) where they
consider that the action or decision, including refusal or failure to take an action or make a decision,
taken within the Department that relates to their employment is:
a unfair; or
b inconsistent with the Public Administration Act (2004), the Public
Administration (Review of Actions) Regulations (2005) or any standards issued
by the Victorian Public Sector Commissioner under section 62 of
the Public Administration Act (2004), available at www.vpsc.vic.gov.au
Examples of actions or decisions that could give rise to a Review of Action are available in the
Review of Action (Personal Grievance) available on HRWeb:
www.education.vic.gov.au/hrweb/employcond/Pages/grievPSS.aspx
It is anticipated that the parties have attempted to resolve the matter at the local level prior to lodging a
grievance with the Board.
s
Selection grievance applications must specify the:
● position title, number, classification and location;
● name of provisional nominee(s) or transferee(s);
● date of notification of the provisional appointment, or the date on which the employee
first became aware of the decision ie copy of notication must be provided;
● grounds for the employee’s grievance against the action; and
● outcome sought in relation to the selection decision.
Note - a copy of the decision letter must be attached to your grievance application.
Rejection of Applications
An application will not be considered for review if the Senior Chairperson considers that:
● the application is frivolous, vexatious or lacking in substance;
● the application lodged with the Registrar is out of time
(28 calendar days for personal grievances and 10 working days for selection grievances);
● the appellant does not have sufficient personal interest;
● the matter is the subject of a complaint under the Equal Opportunity Act 2010 or a proceeding in any
court or tribunal initiated by the applicant; or
● the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 2010
or a proceeding in any court or tribunal.
Review Pres Brochure:Layout 1 2/11/15 10:44 AM Page 2
Review of Action in the Department of Education & Training
Public Service Grievances
Review of Action
s
All Government Departments are required to have a grievance review process to
ensure that concerns of employees are dealt with promptly and fairly.
The Merit Protection Boards is an independent statutory body established under the
Education and Training Reform Act 2006 (ETRA). Its functions include hearing reviews
and appeals of decisions made under the ETRA (except Part 2.4 Division 9A and Division
10) and the Public Administration Act (2004) for Victorian Public Service (VPS) employees
who are employed by the Department of Education and Training.
Selection Grievance
Lodging a Review of Action
Victorian Public Service employees (excluding Executive Officers) and ongoing members of the
teaching service may lodge an application for a Review of Action (Selection Decision) in relation to a
VPS appointment where:
● the selection decision was made within the Department;
● the employee was qualified to apply for the position;
● the employee applied for the position (or would have applied for the position if it had been
advertised according to Department policies and procedures);
● a selection decision was made; and
● the person selected was an employee of the Department, an employee of
another VPS agency (provided the non-selection would represent a promotion
for that person), or an unplaced staff member.
A Review of Action must be lodged on the appropriate application form which is available online
at: www.mpb.vic.gov.au (or contact the Registrar on 9032 1701 for assistance).
An application must be in writing and be signed by the employee making the application.
Review of Action (Personal Grievance):
www.education.vic.gov.au/hrweb/employcond/Pages/grievPSS.aspx
Review of Action (Selection Grievance):
www.education.vic.gov.au/hrweb/employcond/Pages/appealPSS.aspx
You have 10 working days from the date of a selection decision, or the date of
notification of the decision, or the date on which you became aware of the selection
decision, whichever comes last, to lodge your application for Review of a Selection
Decision, and 28 calendar days to lodge a Review of Action in the case of a Personal
Grievance.
Personal grievance applications must specify the:
● action to which the application relates and the date the action was taken;
● date the employee was notified, or first became aware of the action;
● name and title of the decision maker or person who authorised or took the action;
● grounds for the employee’s grievance against the action; and
● outcome sought in relation to the action to be reviewed.
Note - a copy of the decision letter must be attached to your grievance application.
p
Victorian Public Service employees (excluding Executive Officers) who are employed
by the Department may lodge an application for Review of Action in accordance
with the provisions of the current applicable Act:
p
An employee may only request the review of a selection decision on the following grounds:
● an error of law; or
● significant deficiency in the selection process.
When a Personal or Selection grievance is lodged the Merit Protection Boards Senior
Chairperson will refer such an application to a VPS Review of Action Board.
The right to a Grievance Review
Completed forms can be:
lodged in person or posted to the Registrar;
Merit Protection Boards, Level 4, Casselden Place, 2 Lonsdale Street, Melbourne 3000;
● faxed to 9032 1709;
● scanned and emailed to [email protected]
●
Personal Grievance
An employee may lodge an application for a Review of Action (Personal Grievance) where they
consider that the action or decision, including refusal or failure to take an action or make a decision,
taken within the Department that relates to their employment is:
a unfair; or
b inconsistent with the Public Administration Act (2004), the Public
Administration (Review of Actions) Regulations (2005) or any standards issued
by the Victorian Public Sector Commissioner under section 62 of
the Public Administration Act (2004), available at www.vpsc.vic.gov.au
Examples of actions or decisions that could give rise to a Review of Action are available in the
Review of Action (Personal Grievance) available on HRWeb:
www.education.vic.gov.au/hrweb/employcond/Pages/grievPSS.aspx
It is anticipated that the parties have attempted to resolve the matter at the local level prior to lodging a
grievance with the Board.
s
Selection grievance applications must specify the:
● position title, number, classification and location;
● name of provisional nominee(s) or transferee(s);
● date of notification of the provisional appointment, or the date on which the employee
first became aware of the decision ie copy of notication must be provided;
● grounds for the employee’s grievance against the action; and
● outcome sought in relation to the selection decision.
Note - a copy of the decision letter must be attached to your grievance application.
Rejection of Applications
An application will not be considered for review if the Senior Chairperson considers that:
● the application is frivolous, vexatious or lacking in substance;
● the application lodged with the Registrar is out of time
(28 calendar days for personal grievances and 10 working days for selection grievances);
● the appellant does not have sufficient personal interest;
● the matter is the subject of a complaint under the Equal Opportunity Act 2010 or a proceeding in any
court or tribunal initiated by the applicant; or
● the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 2010
or a proceeding in any court or tribunal.
Review Pres Brochure:Layout 1 2/11/15 10:44 AM Page 2
Review of Action in the Department of Education & Training
Public Service Grievances
Review of Action
s
All Government Departments are required to have a grievance review process to
ensure that concerns of employees are dealt with promptly and fairly.
The Merit Protection Boards is an independent statutory body established under the
Education and Training Reform Act 2006 (ETRA). Its functions include hearing reviews
and appeals of decisions made under the ETRA (except Part 2.4 Division 9A and Division
10) and the Public Administration Act (2004) for Victorian Public Service (VPS) employees
who are employed by the Department of Education and Training.
Selection Grievance
Lodging a Review of Action
Victorian Public Service employees (excluding Executive Officers) and ongoing members of the
teaching service may lodge an application for a Review of Action (Selection Decision) in relation to a
VPS appointment where:
● the selection decision was made within the Department;
● the employee was qualified to apply for the position;
● the employee applied for the position (or would have applied for the position if it had been
advertised according to Department policies and procedures);
● a selection decision was made; and
● the person selected was an employee of the Department, an employee of
another VPS agency (provided the non-selection would represent a promotion
for that person), or an unplaced staff member.
A Review of Action must be lodged on the appropriate application form which is available online
at: www.mpb.vic.gov.au (or contact the Registrar on 9032 1701 for assistance).
An application must be in writing and be signed by the employee making the application.
Review of Action (Personal Grievance):
www.education.vic.gov.au/hrweb/employcond/Pages/grievPSS.aspx
Review of Action (Selection Grievance):
www.education.vic.gov.au/hrweb/employcond/Pages/appealPSS.aspx
You have 10 working days from the date of a selection decision, or the date of
notification of the decision, or the date on which you became aware of the selection
decision, whichever comes last, to lodge your application for Review of a Selection
Decision, and 28 calendar days to lodge a Review of Action in the case of a Personal
Grievance.
Personal grievance applications must specify the:
● action to which the application relates and the date the action was taken;
● date the employee was notified, or first became aware of the action;
● name and title of the decision maker or person who authorised or took the action;
● grounds for the employee’s grievance against the action; and
● outcome sought in relation to the action to be reviewed.
Note - a copy of the decision letter must be attached to your grievance application.
p
Victorian Public Service employees (excluding Executive Officers) who are employed
by the Department may lodge an application for Review of Action in accordance
with the provisions of the current applicable Act:
p
An employee may only request the review of a selection decision on the following grounds:
● an error of law; or
● significant deficiency in the selection process.
When a Personal or Selection grievance is lodged the Merit Protection Boards Senior
Chairperson will refer such an application to a VPS Review of Action Board.
The right to a Grievance Review
Completed forms can be:
lodged in person or posted to the Registrar;
Merit Protection Boards, Level 4, Casselden Place, 2 Lonsdale Street, Melbourne 3000;
● faxed to 9032 1709;
● scanned and emailed to [email protected]
●
Personal Grievance
An employee may lodge an application for a Review of Action (Personal Grievance) where they
consider that the action or decision, including refusal or failure to take an action or make a decision,
taken within the Department that relates to their employment is:
a unfair; or
b inconsistent with the Public Administration Act (2004), the Public
Administration (Review of Actions) Regulations (2005) or any standards issued
by the Victorian Public Sector Commissioner under section 62 of
the Public Administration Act (2004), available at www.vpsc.vic.gov.au
Examples of actions or decisions that could give rise to a Review of Action are available in the
Review of Action (Personal Grievance) available on HRWeb:
www.education.vic.gov.au/hrweb/employcond/Pages/grievPSS.aspx
It is anticipated that the parties have attempted to resolve the matter at the local level prior to lodging a
grievance with the Board.
s
Selection grievance applications must specify the:
● position title, number, classification and location;
● name of provisional nominee(s) or transferee(s);
● date of notification of the provisional appointment, or the date on which the employee
first became aware of the decision ie copy of notication must be provided;
● grounds for the employee’s grievance against the action; and
● outcome sought in relation to the selection decision.
Note - a copy of the decision letter must be attached to your grievance application.
Rejection of Applications
An application will not be considered for review if the Senior Chairperson considers that:
● the application is frivolous, vexatious or lacking in substance;
● the application lodged with the Registrar is out of time
(28 calendar days for personal grievances and 10 working days for selection grievances);
● the appellant does not have sufficient personal interest;
● the matter is the subject of a complaint under the Equal Opportunity Act 2010 or a proceeding in any
court or tribunal initiated by the applicant; or
● the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 2010
or a proceeding in any court or tribunal.
Review Pres Brochure:Layout 1 2/11/15 10:44 AM Page 1
Review of Action in the Department of Education & Training
mpb
MERIT PROTECTION BOARDS
The application is checked against the requirements within the Public Administration
(Review of Actions) Regulations 2005:
● is it in time?
● does the outcome sought relate to the action taken?
● does the Merit Protection Boards have jurisdiction to hear the matter?
2 Where the application is accepted, a copy is sent to the person(s) responsible for the decision or
action (the decision maker) and a written statement requested within 5 working days.
This statement is sent to the appellant prior to the hearing.
The Hearing
Each Board comprises a Chairperson, a nominee of the Secretary and a VPS employee selected by the Senior
Chairperson. The hearings are not open to the public therefore the attendance of any person not directly related to
the grievance requires prior approval of the Senior Chairperson.
The Board members have read the application and any supporting documents, therefore appellant’s are advised to
concentrate on the actions on which the grievance is based.
At the conclusion of the appellant’s case, the decision maker or agent has a right of reply. When questions from the
Board have been answered, the appellant or agent has the opportunity to make a brief final statement.
4 The appellant and the decision maker(s) will be contacted to arrange a suitable date and time for
the hearing. Confirmation of the date, time and venue for the hearing will be sent via email.
When the hearing has finished the parties leave. The Board carefully considers all the information relevant to the
grievance in making its decision.
It is advisable that parties who will be presenting at a Board hearing prepare notes of the key points
of their grievance so that these can be made clearly and succinctly.
Prior to the hearing Board members will have been provided with and will have read:
● the grievance application,
● the written statement to the grievance provided by the decision maker, and
● any other relevant documentation.
Any party wishing to present additional material at the hearing can do so only with the permission of
the Senior Chairperson. Parties should provide three copies for the Board and one copy for the other
party(ies). The provision of sufficient copies is the responsibility of the individual concerned.
Voluminous material may result in the hearing being adjourned and rescheduled to a later date.
Representation at the Hearing
An agent, for example a union representative, friend or colleague, may accompany either party to the
hearing. The parties may present their own case or be represented or supported by their agent.
The Senior Chairperson may allow legal representation if:
● it is considered that either party would be at a significant disadvantage in the absence of
legal representation, or
● the Senior Chairperson considers there to be exceptional circumstances.
Requests to be legally represented should be made not less than 3 days before the hearing.
Personal and Selection Grievances for
Victorian Public Service Employees in the
Possible Outcomes
VPS Review of Action Board Recommendations are sent to the Secretary of the Department, who then makes
the final decision:
● to confirm the validity of the action or decision;
● to vary, reverse or revoke the action or decision;
● to request that an action or decision be reconsidered;
● to change Departmental processes;
● to request that a selection decision be reconsidered;
● to request that the position be re-advertised; or
● that any other action be taken.
The Decision
Generally the Secretary of the Department will abide by the recommendation of the VPS Review of Action Board
and will confirm this in writing. Where the Secretary does not adopt the recommendation within 7 days of receiving
it, he or she must provide in writing reasons for not adopting the recommendation. This advice must go to the
Victorian Public Sector Commissioner, the appellant and any other person affected by the recommendation.
Review of Action processes, recommendations and decisions may be reviewed by other bodies such as the
Victorian Public Sector Commissioner, or the Supreme Court of Victoria if the applicant considers that the process
used for the initial review was unfair (or not compliant with the Public Administration Act 2004, Public Administration
(Review of Actions) Regulations 2005 or relevant standards).
For further information, please contact the office of the Victorian Public Sector Commissioner.
MERIT PROTECTION BOARDS
MPB:
If an agent is to attend, the Registrar should be notified of the agent’s name at least one day before the
hearing.
ACTION
Then:
● invite the appellant or agent to present their case, allowing up to 30 minutes, and
● facilitate questions by Board members.
3 The decision maker may also be required to forward to the Merit Protection Boards additional
supporting documentation, particularly in relation to selection grievances. This documentation is for
the Board’s use only and will not be provided to the appellant.
Preparing for the Hearing
Review of
At the commencement of the hearing the Chairperson will:
● invite the decision maker or agent to speak to their written statement to the appellant’s claims, and
● seek clarification of points raised as required by the Board.
Level 4, Casselden Place, 2 Lonsdale Street,
Melbourne, 3000
Phone:
9032 1701
Fax:
9032 1709
Email:
[email protected]
Website: www.mpb.vic.gov.au
mpb
MERIT PROTECTION BOARDS
Department of Education & Training
juicedesign&marketing: 0408 449 002 - Nov2015
What Happens Next
1 The application will be acknowledged by the Registrar. Wherever possible all communications,
including confirmation of hearing dates will be managed via email.
Review Pres Brochure:Layout 1 2/11/15 10:44 AM Page 1
Review of Action in the Department of Education & Training
mpb
MERIT PROTECTION BOARDS
The application is checked against the requirements within the Public Administration
(Review of Actions) Regulations 2005:
● is it in time?
● does the outcome sought relate to the action taken?
● does the Merit Protection Boards have jurisdiction to hear the matter?
2 Where the application is accepted, a copy is sent to the person(s) responsible for the decision or
action (the decision maker) and a written statement requested within 5 working days.
This statement is sent to the appellant prior to the hearing.
The Hearing
Each Board comprises a Chairperson, a nominee of the Secretary and a VPS employee selected by the Senior
Chairperson. The hearings are not open to the public therefore the attendance of any person not directly related to
the grievance requires prior approval of the Senior Chairperson.
The Board members have read the application and any supporting documents, therefore appellant’s are advised to
concentrate on the actions on which the grievance is based.
At the conclusion of the appellant’s case, the decision maker or agent has a right of reply. When questions from the
Board have been answered, the appellant or agent has the opportunity to make a brief final statement.
4 The appellant and the decision maker(s) will be contacted to arrange a suitable date and time for
the hearing. Confirmation of the date, time and venue for the hearing will be sent via email.
When the hearing has finished the parties leave. The Board carefully considers all the information relevant to the
grievance in making its decision.
It is advisable that parties who will be presenting at a Board hearing prepare notes of the key points
of their grievance so that these can be made clearly and succinctly.
Prior to the hearing Board members will have been provided with and will have read:
● the grievance application,
● the written statement to the grievance provided by the decision maker, and
● any other relevant documentation.
Any party wishing to present additional material at the hearing can do so only with the permission of
the Senior Chairperson. Parties should provide three copies for the Board and one copy for the other
party(ies). The provision of sufficient copies is the responsibility of the individual concerned.
Voluminous material may result in the hearing being adjourned and rescheduled to a later date.
Representation at the Hearing
An agent, for example a union representative, friend or colleague, may accompany either party to the
hearing. The parties may present their own case or be represented or supported by their agent.
The Senior Chairperson may allow legal representation if:
● it is considered that either party would be at a significant disadvantage in the absence of
legal representation, or
● the Senior Chairperson considers there to be exceptional circumstances.
Requests to be legally represented should be made not less than 3 days before the hearing.
Personal and Selection Grievances for
Victorian Public Service Employees in the
Possible Outcomes
VPS Review of Action Board Recommendations are sent to the Secretary of the Department, who then makes
the final decision:
● to confirm the validity of the action or decision;
● to vary, reverse or revoke the action or decision;
● to request that an action or decision be reconsidered;
● to change Departmental processes;
● to request that a selection decision be reconsidered;
● to request that the position be re-advertised; or
● that any other action be taken.
The Decision
Generally the Secretary of the Department will abide by the recommendation of the VPS Review of Action Board
and will confirm this in writing. Where the Secretary does not adopt the recommendation within 7 days of receiving
it, he or she must provide in writing reasons for not adopting the recommendation. This advice must go to the
Victorian Public Sector Commissioner, the appellant and any other person affected by the recommendation.
Review of Action processes, recommendations and decisions may be reviewed by other bodies such as the
Victorian Public Sector Commissioner, or the Supreme Court of Victoria if the applicant considers that the process
used for the initial review was unfair (or not compliant with the Public Administration Act 2004, Public Administration
(Review of Actions) Regulations 2005 or relevant standards).
For further information, please contact the office of the Victorian Public Sector Commissioner.
MERIT PROTECTION BOARDS
MPB:
If an agent is to attend, the Registrar should be notified of the agent’s name at least one day before the
hearing.
ACTION
Then:
● invite the appellant or agent to present their case, allowing up to 30 minutes, and
● facilitate questions by Board members.
3 The decision maker may also be required to forward to the Merit Protection Boards additional
supporting documentation, particularly in relation to selection grievances. This documentation is for
the Board’s use only and will not be provided to the appellant.
Preparing for the Hearing
Review of
At the commencement of the hearing the Chairperson will:
● invite the decision maker or agent to speak to their written statement to the appellant’s claims, and
● seek clarification of points raised as required by the Board.
Level 4, Casselden Place, 2 Lonsdale Street,
Melbourne, 3000
Phone:
9032 1701
Fax:
9032 1709
Email:
[email protected]
Website: www.mpb.vic.gov.au
mpb
MERIT PROTECTION BOARDS
Department of Education & Training
juicedesign&marketing: 0408 449 002 - Nov2015
What Happens Next
1 The application will be acknowledged by the Registrar. Wherever possible all communications,
including confirmation of hearing dates will be managed via email.