Review of Actions

What is a Review of Actions

Eligible Victorian Public Service (VPS) employees can ask their employer to review a decision that directly affects their employment. This request is made through a formal process called a Review of Actions.

If you have an enquiry or complaint that isn’t related to an employment decision, we can help you find the right organisation to speak to.

You can request a review if the decision was unfair or inconsistent with:

• Public Administration Act 2004
• Employment principles and standards
• Code of conduct for Victorian public sector employees
• any other relevant legislation, policies, procedures or guidelines.

Decisions that can be reviewed

You can request a review of decisions that directly affect your employment. This includes decisions about:

• recruitment and promotion, including choices around candidates, screening and interviewing
• how your work performance is assessed in professional development plans
• salary adjustments
• workplace policies that affect employee conduct like dress codes and attendance
• disciplinary actions like warnings, suspensions or termination of employment
• organisational change processes
• job assignments and workloads
• leave approvals.

A recruitment or promotion decision can only be reviewed if there’s a significant deficiency in the process. For example, if there’s a conflict of interest, a panel member asks inappropriate questions unrelated to the role or seeks feedback from someone who isn’t a nominated referee without the applicant’s consent.

Eligibility

Only current Victorian Public Service (VPS) employees can apply for a Review of Actions under the Public Administration (Review of Actions) Regulations 2015.

The VPS includes departments, administrative offices , and organisations specified in section 16 of the Public Administration Act 2004.

Former employees

Former VPS employees can’t apply for a Review of Actions.

If you cease your employment during a Review of Actions, the review process will end.

How to apply for a Review of Actions with your employer

In most cases, you’ll apply for an initial Review of Actions with the VPS organisation who made the decision. You only do this if the matter cannot be resolved through other means.

This is a Regulation 6 Review of Actions. In most cases, the purpose is to review why the decision was made and if the correct process was followed. If the decision was a recruitment decision, only the recruitment process can be reviewed, not the outcome.

You must apply for a Regulation 6 review within 28 days of the initial decision, or within 7 days if it was a recruitment or promotion decision.

Each VPS organisation has their own Review of Actions policy which outlines how reviews are conducted in the organisation. Refer to the Review of Actions common policy on the Victorian government website if there are any conflicts or inconsistencies with the organisation’s policy.

To apply, contact your organisation’s Review Registrar.

If you’re unsure who the Registrar is, contact your organisation’s human resources or people and culture team for help.

Your application must be:

• made in writing
• specify the decision to which the application relates
• provide the date the decision took place
• provide the date you were first made aware of the decision
• provide the name and title of the decision-maker
• provide the basis of your complaint against the decision
• provide the remedy or outcome sought, if any.

• Open allClose all

• Outcomes of your review

  A preliminary assessment will usually be conducted by the Registrar to determine whether the application meets eligibility and threshold requirements.

  If your application is accepted, the Registrar will notify you and either:

  • seek to resolve the grievance informally
  • appoint an independent reviewer to conduct a review.

  If your application is refused, the Registrar will notify you and outline the reasons why.

• Independent reviewer

  The independent reviewer may be either an employee or a professional contractor. The reviewer must be skilled in conducting reviews and be independent of the decision being reviewed.

  After the independent reviewer conducts the review, they may make recommendations to reconsider the decision or change processes within the VPS organisation. The recommendations are non-binding.

• Recommendations submission

  The reviewer’s recommendations are sent to the relevant public service body Head for consideration.

  If the public service body Head does not adopt a recommendation within 14 days of receiving the report, he or she must provide a written statement within 14 days after that period outlining the reasons why.

  This written statement must be sent to:

  • the Victorian Public Sector Commission (VPSC)
  • the applicant
  • any other person affected by the recommendation.

You can contact the Victorian Public Sector Commission (VPSC) with any questions about the Regulation 6 review process at integrity@vpsc.vic.gov.au.

When the VPSC can conduct a Review of Actions

The VPSC can undertake a Review of Actions in 3 instances:

Regulation 7 Review of Actions

The VPSC can conduct a Regulation 7 review of your Regulation 6 review, including cases where your review application was rejected.

This Regulation 7 review only looks at the process of the employer’s review and not the merits of the original review application.

This means that the VPSC can’t review the outcome of the reviewer if we determine that the conclusions was reached in a fair way.

You must apply for this review within 28 days of the initial decision, or within 7 days if it was a recruitment or promotion decision.

Regulation 8 Review of Actions

If your employer fails to respond to or start your Regulation 6 review within 30 days of your application, you can apply for a Regulation 8 review with the VPSC to find out why.

You must apply for a Regulation 8 review within 40 days after the initial 30-day review application period has expired.

Regulation 9 Review of Actions

A Regulation 9 review is conducted directly by the VPSC, before you apply for a Regulation 6 review.

You can apply for this review if you:

• claim victimisation by your employer for having made a previous Review of Actions application
• claim that your employer’s VPS body head was the primary decision maker of the action.

You must apply for this review within 28 days of the initial decision, or within 7 days if it was a recruitment or promotion decision.

How to apply for a Regulation 7, 8 or 9 Review of Actions

Download our application form to apply for a Regulation 7, 8, or 9 review.

The form includes a self-assessment to help you decide whether to proceed with your application.

Submit the application form with any supporting evidence and documentation to the VPSC by:

• email to integrity@vpsc.vic.gov.au
• post to Victorian Public Sector Commission at 2 Lonsdale Street, Melbourne VIC 3000.

What happens next

You’ll receive a receipt after you apply. We may request further information from you or your organisation to conduct the review.

The VPSC will conduct a preliminary assessment to determine whether the application meets eligibility and threshold requirements. We may request further information from you or your organisation to conduct the review.

If your application is accepted, we’ll:

• notify you that the application has been accepted
• notify your public service body Head that the application has been accepted
• appoint an independent reviewer to conduct a review.

If your application is refused, we’ll notify you, outline the reasons why, and provide details of your appeal rights.

Application refusals

The VPS organisation or VPSC may refuse to conduct a review if:

• the matter is frivolous, vexatious or lacking in substance
• the applicant does not have sufficient personal interest
• 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 
• 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
• the application is late.

Resources

• Roles and responsibilities of a Review of Actions

  The guide outlines the roles and responsibilities of the people participating in a review of actions. These are the registrar, reviewer, employee, representative and support person, manager and decision-maker.

• Frequently asked questions about a review of actions

  The guide answers questions people may have about the initial review of actions in a public service organisation and when a matter may be referred to VPSC.

Application form

Application to VPSC for a Review of Actions

Apply for a Regulation 7, 8 or 9 Review of Actions with the VPSC by completing the above form.

Relevant instruments

• The Public Administration Act 2004
• The Public Administration (Review of Action) Regulations 2015
• The Code of conduct for Victorian public sector employees
• The Victorian public sector employment principles and standards
• VPS Common Policy – Review of Actions