Promotion appeals

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

When you can appeal

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 Sector (NTPS) employees at the time of their application for the vacancy.

Both people must have applied for the vacancy. If not, they must be granted approval 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 Review unit.

How to lodge

To lodge a promotion appeal follow these steps.

Step 1. Fill in the promotion appeal form  DOCX (64.6 KB).

Step 2. Submit your form by email or mail.

If you need help call 08 8999 4129.

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, an employee 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 promotion is placed on hold with Employment Actions. 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 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 required to submit a statement of appeal.
• A copy of the statement of appeal is provided to the provisional promotee.
  • If a response is received, copies are provided to the appellant for any response they may wish to provide.
• 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's 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 the appellant and chief executive officer of the agency at a later date.

Read the legislation

Read the Public Sector Employment and Management Sector Act and Regulations.

Also read:

• section 59B – promotion appeals, and division 2
• section 59 – grievances and employment instruction number 8 - internal agencies complaints and section 59 grievance reviews.