Inability or performance appeals

Appealable decisions

Appealable decisions are ones that:

  • reduce the employee’s salary
  • transfer the employee to perform other duties within the agency or in another agency
  • don't have any inability outcome
  • terminate employment.

Decisions that do not affect an employee’s usual remuneration can be reviewed by the Commissioner for Public Employment.

These decisions can include:

  • formal cautions
  • orders to undertake training, counselling or other remedial activities
  • requiring the employee to forego a benefit or entitlement arising from employment
  • an order to pay a fine of an amount not exceeding 10 days’ pay.

These are not subject to appeal, however, the employee affected may request the commissioner to review such decisions pursuant to section 59.

Time frames

The appeal period is 14 days. This starts on the day written notice of the inability action is given to the person.

This same 14 day time frame applies to requests to the commissioner for s59 reviews of inability decisions.

Notice of an appeal must be given to the PSAB.

How to lodge

To lodge an disciplinary appeal follow these steps.

Step 1. Fill in the lodgement for inability or unsatisfactory performance appeal form DOCX (36.8 KB).

You can also get this by calling PSAB on 08 8999 4129.

Step 2. Submit your form by email or mail.

By email

By mail

Public Sector Appeals and Grievance Reviews
Office of the Commissioner for Public Employment 
GPO Box 4371
Darwin NT 0801

Conduct of appeals

The board may conduct the appeal in any way it considers appropriate.

It is not bound by the rules of evidence or required to hold a hearing with the parties in person.

The board must conduct its appeals expeditiously and with as little formality and technicality as is reasonably practicable.

Possible determinations

The board can:

  • affirm the decision or
  • vary the decision.

They may also set aside the decision and:

  • return the matter to the relevant CEO for reconsideration
  • replace it with the board’s decision.

After the appeal

The board usually reaches a decision on the day of the hearing.

Detailed written reasons for the decision are provided to all parties at a later date.

Read the legislation

Read part 7 - employee performance and inability sections 44 to 48, sections 59A and 59C to 59F of the Public Sector Employment and Management Act and Regulations (PSEMA).

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Last updated: 24 September 2021

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