Public Service Appeals
As from 1 July 2012, QIRC members were appointed as appeals officers under the Public Service Act 2008 for the purpose of hearing and deciding appeals against certain decisions which affect public service employees.
As from 1 January 2013, the public service appeals function was transferred from the Public Service Commission to the Queensland Industrial Relations Commission (QIRC). All appeals previously filed in the Public Service Commission Registry are now filed in the Industrial Registry.
If you are uncertain about whether you have a right of appeal you should refer to the Appeals Guide or contact the PSC Advisory Service by telephoning: 1300 038 472 or email: email@example.com
Appeals provide an independent and impartial avenue for public service employees to have decisions that affect them reviewed and ensure that principles of natural justice are applied in decision making.
Under Chapter 7 of the Public Service Act 2008 (the Act), appeals may be made to the Appeals Officer for the review of certain decisions which affect public service officers and in some cases public service employees.
The Act states which decisions may be appealed against, and who can appeal. The Act also provides information on how the process is to be conducted.
The Commission Chief Executive also issues Directives which supplement the Act. The Appeals Directive (No. 02/14) provides more specific rules and requirements for the appeal process. The Commission has developed a Fact Sheet in relation to the Appeals Directive as a summary of recent changes.
The Appeals officer must perform their duties independently, impartially, fairly and in the public interest without direction from the Commission, the Commission Chief Executive or a Minister. Chapter 3 of the Act outlines in detail the role and functions of the Appeals Officer.
An Appeals Guide has been designed to help parties appealing under the Public Service Act 2008 (the Act) understand the Appeal process and to assist agency representatives in responding to an Appeal. The guide applies to all categories of Appeals under the Act.
The following Practice Directions have been made about the practice and procedures to be followed in Appeals:
- Practice Direction No. 1 of 2014 (Appeal Decision Without Hearing)
- Practice Direction No. 2 of 2014 (Representation of Parties)
- Practice Direction No. 3 of 2014 (Promotion Appeals)
- Practice Direction No. 4 of 2014 (Teacher Transfers)
This Practice Direction sets out the grounds which may be considered by the Senior Appeals Officer and/or an Appeals Officer when determining if an Appeal should be decided 'on the papers' without a hearing.
This Practice Direction applies where the Senior Appeals Officer and/or an Appeals Officer decide that a hearing or a conference should be held in relation to the Appeal.
This Practice Direction sets out the procedures by which Promotion Appeals under the Act are managed.
This Practice Direction sets out the procedures by which Teacher Transfers under the Act are managed.
A person may appeal to the Appeals Officer under section 193 of the Public Service Act 2008 (the Act) if an appeal may be made against a decision under section 194 of the Act or another Act and the person is entitled to appeal against the decision under section 196 of the Act. An appeal may be started only by giving the Industrial Registrar an appeal notice.
Further information on the Appeals process is available on the Public Service Commission website.
An appeal notice can be faxed, emailed or delivered to the QIRC Registry at:
Post: GPO Box 373, BRISBANE, QLD 4001
Fax: (07) 3221 6074
Delivery: Industrial Registry QIRC, Level 21 Central Plaza 2,
66 Eagle Street, Brisbane (cnr. Elizabeth & Creek Streets)