Public Administration (Review of Actions) Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 6 Establishment of initial review process 2 7 Application to the Victorian Public Sector Commission for review of process of initial review 5 8 Application to the Victorian Public Sector Commission for review of failure to commence initial review 6 9 Application to the Victorian Public Sector Commission for review without an initial review 6 10 Conduct of reviews by the Victorian Public Sector Commission 7 ═══════════════ Endnotes 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 160/2015 Public Administration Act 2004 Public Administration (Review of Actions) Regulations 2015 The Governor in Council makes the following Regulations: Dated: 15 December 2015 Responsible Minister: GAVIN JENNINGS Special Minister of State ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe, for the purposes of section 64 of the Public Administration Act 2004, the processes for the review of actions taken within public service bodies relating to the employment of employees. 2 Authorising provision These Regulations are made under section 112 of the Public Administration Act 2004. 3 Commencement These Regulations come into operation on 19 December 2015. -- 2 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 2 Authorised by the Chief Parliamentary Counsel 4 Revocation The following Regulations are revoked— (a) the Public Administration (Review of Actions) Regulations 20051; (b) the Public Administration (Review of Actions) (Amendment) Regulations 20082. 5 Definitions In these Regulations— initial review means a review conducted in accordance with a process established under regulation 6; the Act means the Public Administration Act 2004. 6 Establishment of initial review process (1) Each public service body Head must establish a process for the review of an action taken within the public service body that relates to the employment of an employee who considers the action to be— (a) unfair; or (b) inconsistent with— (i) the Act; or (ii) any standards issued under section 62 of the Act. (2) The review process— (a) must require the rules of natural justice to be adhered to; and (b) may provide for mediation or conciliation of the application; and (c) must provide that any review is conducted as quickly, and with as little formality, as a proper consideration of the matter allows. -- 3 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 3 Authorised by the Chief Parliamentary Counsel (3) The review process must require an application to be in writing and to specify— (a) the action to which the application relates; and (b) the name and title of the decision-maker or person who authorised or took the action; and (c) the basis of the employee's complaint against the action; and (d) the remedy sought, if any; and (e) the date on which the action was taken; and (f) the date the employee was notified of the action, or, if the employee was not notified, the date on which the employee first became aware of the action. (4) The review process must require an application by an employee to be lodged within a specified period after either of the following days, unless the public service body Head is satisfied that the circumstances justify acceptance of an application lodged after that period— (a) the day on which the employee was notified of the action to which the application relates; or (b) if the employee was not notified of the action, the day on which the employee became aware of the action. (5) The period specified under subregulation (4) must not be less than— (a) 7 days if the action to which the application relates is a proposed appointment or promotion; or (b) 28 days in any other case. -- 4 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 4 Authorised by the Chief Parliamentary Counsel (6) Subject to subregulation (8), the review process must require the public service body Head to make reasonable enquiries or investigations prior to the making of a determination and, for that purpose, the public service body Head may appoint a person or body to conduct the review. (7) A person or body appointed under subregulation (6) must be unconnected with the action or any investigation concerning the action commenced prior to that person or body being appointed. (8) The review process may allow the public service body Head to refuse to conduct a review if the public service body Head considers that— (a) the matter is frivolous, vexatious or lacking in substance; or (b) the applicant does not have sufficient personal interest; or (c) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding initiated under Division 2 of Part 8 of the Equal Opportunity Act 2010; or (d) the matter could more appropriately be the subject of proceeding in any court or tribunal, including a proceeding initiated under Division 2 of Part 8 of the Equal Opportunity Act 2010. (9) The review process must provide that an applicant or any other party to a review must not be accompanied by a legal practitioner, unless the person conducting the review considers that the applicant or other party would be at a significant disadvantage in the absence of a legal practitioner. -- 5 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 5 Authorised by the Chief Parliamentary Counsel 7 Application to the Victorian Public Sector Commission for review of process of initial review (1) An employee who has been given a decision on an initial review may apply in writing to the Commission for review of the process for the initial review, if the employee considers that the process— (a) was unfair; or (b) contravened— (i) the Act; or (ii) these Regulations; or (iii) any standards issued under section 62 of the Act. (2) The employee must give notice of an application for review under subregulation (1) to the public service body Head who conducted the initial review within 7 days after the day on which the employee made the application. (3) An application for review under subregulation (1) must be made within the period specified in subregulation (4), unless the Commission is satisfied that the circumstances justify acceptance of an application after that period. (4) The period is— (a) if the action to which the application relates is a proposed appointment or promotion, 7 days after the day on which the employee was notified of the decision of the initial review; and (b) in any other case, 28 days after the day on which the employee was notified of the decision of the initial review. -- 6 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 6 Authorised by the Chief Parliamentary Counsel 8 Application to the Victorian Public Sector Commission for review of failure to commence initial review (1) An employee may apply to the Commission for review of a failure to commence an initial review if— (a) the employee applies for an initial review; and (b) the public service body Head fails to commence the initial review within 30 days after the day on which the public service body Head received the application. (2) An application must be made under subregulation (1) no later than 70 days after the day on which the public service body Head received the application for initial review unless the Commission is satisfied that the circumstances justify acceptance of the application after that time. 9 Application to the Victorian Public Sector Commission for review without an initial review Despite regulation 6, an employee may apply to the Commission for a review of an action taken within the public service body that relates to the employee's employment if— (a) the employee alleges that the action constitutes victimisation or harassment of the employee for having made a previous application to the Commission for review; or (b) the employee alleges the public service body Head has personally taken the action or is the primary decision-maker. -- 7 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 7 Authorised by the Chief Parliamentary Counsel 10 Conduct of reviews by the Victorian Public Sector Commission (1) The Commission may appoint a person or body to conduct a review on behalf of the Commission. (2) A person or body appointed under subregulation (1) must be unconnected with the action, the initial review or any investigation concerning the action commenced prior to that person or body being appointed. (3) For the purposes of a review, the Commission may— (a) require the appropriate public service body Head to provide the Commission with information or documents; and (b) interview any employee in the public service body. (4) A review must be conducted— (a) as quickly, and with as little formality, as a proper consideration of the matter allows; and (b) in accordance with the rules of natural justice. (5) An applicant or any other party to a review must not be accompanied by a legal practitioner, unless the person conducting the review considers that the applicant or other party would be at a significant disadvantage in the absence of a legal practitioner. (6) The Commission may refuse to conduct a review if the Commission considers that— (a) the matter is frivolous, vexatious or lacking in substance; or (b) the applicant does not have sufficient personal interest; or -- 8 of 10 -- Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 8 Authorised by the Chief Parliamentary Counsel (c) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding initiated under Division 2 of Part 8 of the Equal Opportunity Act 2010; or (d) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010. ═══════════════ -- 9 of 10 -- Endnotes Public Administration (Review of Actions) Regulations 2015 S.R. No. 160/2015 9 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(a): S.R. No. 174/2005 as amended by S.R. No. 14/2008. 2 Reg. 4(b): S.R. No. 14/2008. -- 10 of 10 --