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Legislative Assembly for the ACT: 2006 Week 6 Hansard (8 June) . . Page.. 2060..

Public service-appeals

(Question No 1084)

Dr Foskey asked the Minister for Industrial Relations, upon notice, on 3 May 2006 (redirected to the Chief Minister):

(1) In relation to merit protection in the ACT public service, on what basis can a person appeal an employment decision, and which people can make an appeal;

(2) Who is responsible for dealing with the appeals;

(3) How many appeals were made in (a) 2001-02, (b) 2002-03, (c) 2003-04 and (d) 2004-05 and how many of these appeals were successful;

(4) What impact do current enterprise bargaining agreements have on the appeals process;

(5) What impact does the current use of joint selection panels have on the appeals process.

Mr Stanhope

: The answer to the member's question is as follows:

(1) All ACT Government certified agreements contain provisions similar to Section M of the Public Service Template Agreement, clauses 88 to 95.2. These provisions set out the appeal mechanism for employees not satisfied with the outcome of certain decisions, including decisions about promotion or temporary performance (for periods in excess of 6 months) affecting the employee where the employee was an applicant for the position. This does not include decisions made on the unanimous recommendation of a joint selection committee.

An appeal may only be made in relation to promotions or higher duties decisions where the salary applicable is any classification with a maximum salary that is less than the minimum salary of a classification equivalent to a Senior Officer Grade C.

(2) Clause 90 of the Template Agreement provides that the Chief Executive will nominate an employee from within the Agency to be convenor of Appeal Panels.

(3) Under entry 12.94.1 of the Territory Administrative Records Disposal Schedule, a notifiable instrument made under the Territory Records Act 2002, records documenting review of promotion decisions are required to be kept for 1 year after recruitment has been finalised.

In view of this requirement records for review of promotion decisions are available for the financial years 2003-04 and 2004-05.

In 2003-04, five appeals were made and one was successful. In 2004-05, four appeals were lodged and none were successful.

(4) As mentioned in the answer to question 1, Section M of the current ACTPS Template Agreement provides the mechanism for appeals. This section applies to the exclusion of the grievance and promotion/temporary performance appeal provisions contained in the Public Sector Management Act.

(5) Promotions made using Joint Selection panels are not subject to appeal.

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