Public sector appeals

Public sector appeals are appeals against decisions made in relation to a public sector employee.

Appeals are governed by Chapter 3, Part 10 of the Public Sector Act 2022 and Chapter 11 of the Industrial Relations Act 2016.

The types of decisions that may be appealed against include:

a conversion decision;
a directive decision;
a disciplinary decision;
a fair treatment decision;
a promotion decision;
a suspension without pay decision;
a transfer decision;
a work performance direction decision; or
a decision about anything else against which another Act allows a person to appeal.

For a detailed guide on public sector appeals please download a copy of the Public sector appeal guide.

Public sector appeals

How do I appeal a decision made about me to the Commission?

Appeals are commenced at the Queensland Industrial Relations Commission (the Commission) by filing a Form 89 - Appeal notice - Public Sector Act 2022.

Form 89 and all other forms, can be filed at the Industrial Registry via the following methods:

Email:	qirc.registry@qirc.qld.gov.au
In person over the counter:	Industrial Registry Level 21, Central Plaza Two 66 Eagle Street Brisbane QLD 4000
Post:	Industrial Registry GPO Box 373 Brisbane QLD 4001
Fax:	(07) 3221 6074

In most instances the Industrial Registry will communicate with you by email. If you have not provided an email address on your form then the Registry will be in contact with you requesting that you provide an email address. If you do not have an email address then the Registry will communicate with you by post.

After your appeal is accepted for filing, the Registry will send you and your employer a stamped copy of the form. The stamp will represent that date on which your document was accepted for filing. For more information about commencing an appeal see "Part 3: Appeals" of the Public sector appeal guide.

What happens next?

Once your appeal has been filed, it is allocated to a Member of the Commission to consider.

The Commission usually issues a Directions Order shortly after the appeal is filed. Directions Orders provide a 'road map' outlining how your appeal will be conducted, when documents are due to be filed, which documents should be filed and provided to the other party, and if/when you may need to attend the Commission for a conference or hearing.

Most appeals are dealt with 'on the papers' meaning that there may be no requirement to attend the Commission for a conference or hearing unless directed by the Member.

For more information about Directions Orders, see "Part 4: Directions Order" of the Public sector appeal guide.

Once the Commission Member has considered your appeal, they will release and publish a written decision.

Please note that most decisions released by the Commission are published and are available on the Supreme Court Library website. Decisions are published and made available to the public because they can be instructive for future factual scenarios that are similar, act as a precedent and allow for effective public scrutiny of the decision-making processes of the Commission and its Members. Should you wish for a decision in relation to your matter to not be published, you will need to raise that with the Commission Member considering your appeal. You may also need to seek further advice.

Parties are free to reach an agreement themselves at any time during the appeal process up until the final decision is issued by the Commission Member. If a settlement is reached or you no longer wish to proceed with your appeal for any reason, you should withdraw the appeal by filing a Form 27 - Request to discontinue proceedings.

For more information, see "Part 8: Settlements and decisions" of the Public sector appeal guide.

Does a public sector appeal cost anything?

There are no filing fees associated with public sector appeals.

In public sector appeals generally, solicitors and barristers are not permitted to represent you in their capacity as lawyers. You may incur costs should you wish to seek your own legal advice.

How do I appeal the outcome of the Commission's decision?

If you are dissatisfied with the outcome of an appeal heard under the Industrial Relations Act 2016, you may be able to file an appeal to the Industrial Court.

If you choose to appeal the decision, you must do so within the appeal period, being 21 days from the date that the decision of the Commission was released - this date will be on the front page of the decision.

An appeal against a decision of the Commission is filed by way for Form 5 - Application to Appeal. Generally, you can only appeal on two grounds:

An error of law (this means that the Member may have misapplied the law or a legal principle to the facts).
An excess, or want, of jurisdiction (this means that the Member may have made a decision that is not within their power to make).

For more information, see "Part 9: Appealing a decision of a Member" of the Public sector appeal guide.

Is there a guide that can tell me more?

For a detailed guide on conducting a public sector appeal download the Public sector appeal guide.

If you are representing yourself in a proceeding before the Industrial Court or Commission, please refer to the "Fact Sheet - Tips for the Self Represented Litigant"

Last updated 01 March 2023