Version No. 001
Public Administration (Review of Actions)
Regulations 2015
S.R. No. 160/2015
Version as at
19 December 2015
TABLE OF PROVISIONS
Regulation
Page
1
2
3
4
5
6
7
Objective
Authorising provision
Commencement
Revocation
Definitions
Establishment of initial review process
Application to the Victorian Public Sector Commission for
review of process of initial review
8 Application to the Victorian Public Sector Commission for
review of failure to commence initial review
9 Application to the Victorian Public Sector Commission for
review without an initial review
10 Conduct of reviews by the Victorian Public Sector Commission
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Endnotes
1
1
1
1
1
2
4
5
6
6
9
1
General information
9
2
Table of Amendments
11
3
Amendments Not in Operation
12
4
Explanatory details
13
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Version No. 001
Public Administration (Review of Actions)
Regulations 2015
S.R. No. 160/2015
Version as at
19 December 2015
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.
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;
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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) 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
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(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.
(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.
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(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.
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
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(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.
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
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(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.
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.
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(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
(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
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(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.
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The Public Administration (Review of Actions) Regulations 2015,
S.R. No. 160/2015 were made on 15 December 2015 by the Governor in
Council under section 112 of the Public Administration Act 2004,
No. 108/2004 and came into operation on 19 December 2015: regulation 3.
The Public Administration (Review of Actions) Regulations 2015 will sunset
10 years after the day of making on 15 December 2025 (see section 5 of the
Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in
Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided regulation, rule or clause of a Schedule is
amended by the insertion of one or more subregulations, subrules or
subclauses the original regulation, rule or clause becomes subregulation,
subrule or subclause (1) and is amended by the insertion of the
expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
•
Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule;
Orders; Parts into which an Order is divided; clauses; regulations; rules;
items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
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Endnotes
•
Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made
on or after 1 January 2001 form part of that Statutory Rule. Any examples,
diagrams or notes inserted in a Statutory Rule which was made before
1 January 2001, by a Statutory Rule made on or after 1 January 2001, form
part of that Statutory Rule. See section 36(3A).
•
Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory
Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
•
Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule
numbers, subregulation numbers, subrule numbers, paragraphs and
subparagraphs. See section 36(3C).
•
Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October
2004, a legislative item relating to a provision of a Statutory Rule is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at the
foot of a provision is followed by a note, both of these legislative items will
be regarded as being at the foot of that provision. See section 36B.
•
Other material
Any explanatory memorandum, table of provisions, endnotes, index and
other material printed after the Endnotes does not form part of a Statutory
Rule. See section 36(3)(3D)(3E).
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Endnotes
2 Table of Amendments
There are no amendments made to the Public Administration (Review of
Actions) Regulations 2015 by statutory rules, subordinate instruments and
Acts.
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Endnotes
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this
publication.
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Endnotes
4 Explanatory details
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.
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