Appeals

Introduction

Northern Territory Public Service (NTPS) employees can appeal agency decisions to the Public Sector Appeals Board.

Appeals can only be made about certain:

  • disciplinary
  • inability and
  • promotion decisions.

The independent board is made up of a:

  • chairperson selected by the Commissioner for Public Employment
  • person selected by the chief executive officer of the agency being appealed against
  • person selected by the relevant union.

Under the law the board must conduct an appeal expeditiously and with as little formality and technicality as is reasonably practicable.

Read more about disciplinary, inability or promotion appeals

For more information

Contact the Public Sector Appeals and Grievance Reviews on 08 8999 4129 or email psagr@nt.gov.au.


Disciplinary appeals

Appealable decisions

Employees can appeal disciplinary decisions by a chief executive officer (CEO).

Appealable decisions are ones that:

  • reduce employee salary
  • transfer employee to perform other duties within the agency or in another agency
  • order a period of suspension without pay
  • terminate employment.

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

These are done as a grievance and can include decisions such as:

  • formal cautions
  • orders to undertake training, counselling or other remedial activities
  • orders 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.

Read more about grievances.

The Public Sector Appeals and Grievance Reviews (PSAGR) unit can advise whether your matter is appealable, and how to appeal.

Time frames

Appeal period is 14 days. It starts on the day written notice of the disciplinary action is given to the employee.

The same 14 day time frame also applies to requests to the commissioner for s59 reviews of disciplinary decisions which are not appealable to the Public Sector Appeals Board (PSAB).

Read below about what you need to lodge an appeal.

How to lodge

To lodge an disciplinary appeal follow these steps.

Step 1. Fill in the disciplinary appeal form DOCX (37.1 KB).

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

Step 2. Submit your form by email or mail.

By email

psagr@nt.gov.au

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 8 discipline sections 49 to 54, sections 59A and 59C to 59F of the Public Sector Employment and Management Act and Regulations (PSEMA).


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

psagr@nt.gov.au

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).


Promotion appeals

When you can appeal

A promotion appeal can be made against a selection for a vacancy in excess of 6 months.

You can only appeal if:

  • the selection is a promotion* for both the person appealing and the person in the role and
  • both were Northern Territory Public Service employees at the time of their application for the vacancy.

Both people must have applied for the vacancy. If not, they must be granted leave to appeal by the commissioner.

* Promotion means giving to an employee higher attainable maximum salary than the salary previously attainable by the employee at their nominal level.

Time frames

The appeal period is 14 days, commencing on the day on which the provisional promotion is notified.

Notice of an appeal must be given to the Public Sector Appeals and Grievance Reviews.

How to lodge

To lodge an disciplinary appeal follow these steps.

Step 1. Fill in the promotion appeal form DOCX (35.9 KB).

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

Step 2. Submit your form by email or mail.

By email

psagr@nt.gov.au

By mail

Public Sector Appeals Board
Office of the Commissioner for Public Employment 
GPO Box 4371
Darwin NT 0801

Grievances about selection decisions

There are no promotion appeal rights against selections that are not promotions.

Employees can't appeal the following:

  • transfers at level
  • selections of persons who were not NTPS employees, or
  • selections to positions advertised as executive contract positions.

To dispute selections that are not promotions may seek a section 59 review of the decision by the Commissioner for Public Employment.

The commissioner has the power following review to either:

  • confirm the selection or
  • direct the agency involved to take another action.

Promotion appeals process

Read below for the appeals process.

  • The appellant’s eligibility to appeal is assessed.
    • If the appeal is accepted, the provisional promotee and agency are advised that an appeal has been lodged.
  • Get the recruitment papers from eRecruit.
  • Public Sector Appeals Board convenes and date set for the board to meet.
  • All selection documents are provided to the appellant, provisional promotee and agency along with advice regarding the requirement for confidentiality.
  • The agency is requested to supply within 7 days, copies of any further documents relating to the selection process.
  • Copies of any further documents received from the agency are provided to appellant and provisional promotee
    • the appellant then has a further 7 days to submit a statement of appeal
  • Copies of the statement of appeal are provided to the provisional promotee, and a further 7 days allowed for any response.
    • If a response is received, copies are provided to the appellant, with an opportunity to make final comments.
  • Appeal papers are provided to board members to prepare for the hearing, including deciding which persons may need to be contacted to provide further information to the board.
  • The appellant and provisional promotee are not required to attend when the board meets.

Get the promotion appeals process - flowchart PDF (34.0 KB).

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 chief executive officer 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 the Public Sector Employment and Management Sector Act and Regulations.

Also read: