Common use of Conducting an appeal Clause in Contracts

Conducting an appeal. Where the Appeal Panel determines that an application for appeal should proceed, the Appeal Panel will conduct a procedural review on the papers provided under subclause J4.3 to determine whether: it was open to the head of service to take the action that he or she did; the principles of procedural fairness and natural justice were complied with in taking the original action or decision; and the final decision of the head of service and/or the Public Sector Standards Commissioner was appropriate in all of the circumstances.Where the Appeal Panel is satisfied that a fundamental piece of evidence was not considered in the original process, the Appeal Panel may request that the Convenor refer the matter back to the head of service and/or Public Sector Standards Commissioner for further investigation. The head of service and/or Public Sector Standards Commissioner, after considering the referral from the Convenor under subclause J4.6, will: as soon as possible arrange for a further investigation to be conducted, in line with the referral of the Convenor, and will provide any further information, evidence or outcomes of the further investigation to the Appeal Panel in order that they may complete their review; or provide written reasons to the Appeal Panel, within fourteen calendar days, for not accepting their referral for further investigation. After reviewing any application under this section, the Appeal Panel will, subject to subclause J4.6, make a determination of the appeal and either: confirm the original decision; or vary the original decision; or prescribe that other action be taken. The Appeal Panel will provide a report to the Public Sector standards Commissioner and the head of service which will include the determination and the reasons for the determination. A copy of the report will also be provided to the appellant. J5 -Costs The Territory will not be liable for any costs associated with representing an appellant in these procedures. J6 -Right of External Review The employee, or the employee’s union or other employee representative on the employee’s behalf, may seek a review by the FWC of a decision under subclause J4.8. The FWC will be empowered to resolve the matter in accordance with the powers and functions set out in clause G6 - of this Agreement. The decision of the FWC will be binding, subject to any rights of appeal against the decision to a Full Bench in accordance with clause G6.15. Section KAppeal and Process Reviews of certain recruitment decisions K1 - Application Under this Section, procedures are established for employees to seek a review of recruitment processes or appeal certain recruitment decisions. These procedures for appeals and reviews account for the principles of procedural fairness and natural justice in this context. For the purposes of this Section, an action includes a decision and a refusal or failure to make a decision. Decisions made by Joint Selection Committees in accordance with subclause B4 - cannot be reviewed or appealed.

Conducting an appeal. Where the Appeal Panel determines that an application for appeal should proceed, the Appeal Panel will conduct a procedural review on the papers provided under subclause J4.3 J3.3 to determine whether: it was open to the head of service to take the action that he or she did; the principles of procedural fairness and natural justice were complied with in taking the original action or decision; and the final decision of the head of service and/or the Public Sector Standards Commissioner was appropriate in all of the circumstances.. Where the Appeal Panel is satisfied that a fundamental piece of evidence was not considered in the original process, the Appeal Panel may request that the Convenor refer the matter back to the head of service and/or Public Sector Standards Commissioner for further investigation. The head of service and/or Public Sector Standards Commissioner, after considering the referral from the Convenor under subclause J4.6J3.5.3, will: as soon as possible arrange for a further investigation to be conducted, in line with the referral of the Convenor, and will provide any further information, evidence or outcomes of the further investigation to the Appeal Panel in order that they may complete their review; or provide written reasons to the Appeal Panel, within fourteen calendar days, for not accepting their referral for further investigation. After reviewing any application under this section, the Appeal Panel will, subject to subclause J4.6J3.5.3, make a determination of the appeal and either: confirm the original decision; or vary the original decision; or prescribe that other action be taken. The Appeal Panel will provide a report to the Public Sector standards Commissioner and the head of service which will include the determination and the reasons for the determination. A copy of the report will also be provided to the appellant. J5 1108 -Costs The Territory will not be liable for any costs associated with representing an appellant in these procedures. J6 1109 -Right of External Review The employee, or the employee’s union or other employee representative on the employee’s behalf, may seek a review by the FWC of a decision under subclause J4.8J3.8. The FWC will be empowered to resolve the matter in accordance with the powers and functions set out in clause G6 - of this Agreement. The decision of the FWC will be binding, subject to any rights of appeal against the decision to a Full Bench in accordance with clause G6.15. Section KAppeal 11Appeal and Process Reviews of certain recruitment decisions K1 1110 - Application Under this Section, procedures are established for employees to seek a review of recruitment processes or appeal certain recruitment decisions. These procedures for appeals and reviews account for the principles of procedural fairness and natural justice in this context. For the purposes of this Section, an action includes a decision and a refusal or failure to make a decision. Decisions made by Joint Selection Committees in accordance with subclause B4 - cannot be reviewed or appealed.

Conducting an appeal. Where the Appeal Panel determines that an application for appeal should proceed, the Appeal Panel will must conduct a procedural review on the papers provided under subclause J4.3 to determine whetherwhether all of the following apply: it It was open to the head of service to take the action that he or she they did; the . The principles of procedural fairness and natural justice were complied with in taking the original action or decision; and the . The final decision of the head of service and/or service, the Public Sector Standards Commissioner or both was appropriate in all of the circumstances.. Where the Appeal Panel is satisfied that a fundamental piece of evidence was not considered in the original process, the Appeal Panel may request that the Convenor refer the matter back to the head of service and/or service,Public Sector Standards Commissioner Commissioneror both for further investigation. The head of service and/or or Public Sector Standards Commissioner, after considering the referral from the Convenor under subclause J4.6J4.5.3, willmust do one of the following: as As soon as possible possible, arrange for a further investigation to be conducted, in line with the referral of the Convenor, and will must provide any further information, evidence or outcomes of the further investigation to the Appeal Panel in order that they may complete their review; or provide . Provide written reasons to the Appeal Panel, within fourteen 14 calendar days, for not accepting their referral for further investigation. After reviewing any application under this section, the Appeal Panel willmust, subject to subclause J4.6J4.5.3, make a determination of the appeal and eitherdo one of the following: confirm Confirm the original decision; or vary . Vary the original decision; or prescribe . Prescribe that other action be taken. The Appeal Panel will must provide a report to the Public Sector public sector standards Commissioner Ccmmissioner and the head of service which will must include the determination and the reasons for the determination. A copy of the report will must also be provided to the appellant. J5 105 -Costs The Territory will are not be liable for any costs associated with representing an appellant in these procedures. J6 106 -Right of External Review The employee, or the employee’s union or other employee representative on the employee’s behalf, may seek a review by the FWC of a decision under subclause J4.8. The FWC will be is empowered to resolve the matter in accordance with the powers and functions set out in clause G6 76 - of this Agreement. The decision of the FWC will be is binding, subject to any rights of appeal against the decision to a Full Bench in accordance with clause G6.15subclause G6.14. Section KAppeal 11Appeal and Process Reviews of certain recruitment decisions K1 111 - Application Under this Sectionsection, procedures are established for employees to seek a review of recruitment processes or appeal certain recruitment decisions. These procedures for appeals and reviews account for the principles of procedural fairness and natural justice in this context. For the purposes of this Sectionsection, an action includes a decision and a refusal or failure to make a decision. Decisions made by Joint Selection Committees in accordance with subclause B4 24 - cannot be reviewed or appealed. 112 -Appeals about promotions and temporary transfer to higher office The Head of Service (in person) must nominate a person, or position, to be the Convenor of the Appeal Panels (“the Convenor”), which may or may not be the same person, or position, nominated under subclause J1.2. This appeal mechanismapplies to both the following: Decisions about promotion or temporary transfer to a higher office or role (for periods in excess of 6 months) affecting the officer where the officer was an applicant for the position, except decisions made on the unanimous recommendation of a joint selection committee (see PSM Act and PSM Standards). Decisions to promote an officer after acting for a period of 12 months or more in a position at or below Administrative Services Officer Class 6 (or equivalent classification). For the purposes of subclause K2.2, an appeal may only be made in relation to promotions or temporary transfer to a higher office or role where the pay applicable is any classification with a maximum pay that is less than the minimum pay of a classification equivalent to a Senior Officer Grade C. For positions above Administrative Services Officer Class 6 (or equivalent classification) an application may be made for an internal review of the process (see section 113 - of this Agreement). For the purposes of paragraph K2.2.2, any suitably qualified officer may appeal the decision. For appeals concerning promotion or transfer to a higher office or role under subclause K2.2, the only ground on which the Appeal Panel can review the decision is that the officer making the appeal would be more efficient in performing the duties of the position than the person promoted or selected for temporary transfer. Initiating an appeal An officer (“the appellant” for the purposes of this section) or the appellant’s union or other employee representative on the appellant’s behalf, may initiate an appeal under these procedures by making an application to the Convenor in accordance with all of the following: It is in writing. It is received by the Convenor within 14 calendar days of the decision to take the action being notified in the Gazette.

Conducting an appeal. Where the Appeal Panel determines that an application for appeal should proceed, the Appeal Panel will conduct a procedural review on the papers provided under subclause J4.3 to determine whether: it was open to the head of service to take the action that he or she did; the principles of procedural fairness and natural justice were complied with in taking the original action or decision; and the final decision of the head of service and/or the Public Sector Standards Commissioner was appropriate in all of the circumstances.. Where the Appeal Panel is satisfied that a fundamental piece of evidence was not considered in the original process, the Appeal Panel may request that the Convenor refer the matter back to the head of service and/or Public Sector Standards Commissioner for further investigation. The head of service and/or Public Sector Standards Commissioner, after considering the referral from the Convenor under subclause J4.6J4.5.3, will: as soon as possible arrange for a further investigation to be conducted, in line with the referral of the Convenor, and will provide any further information, evidence or outcomes of the further investigation to the Appeal Panel in order that they may complete their review; or provide written reasons to the Appeal Panel, within fourteen calendar days, for not accepting their referral for further investigation. After reviewing any application under this section, the Appeal Panel will, subject to subclause J4.6J4.5.3, make a determination of the appeal and either: confirm the original decision; or vary the original decision; or prescribe that other action be taken. The Appeal Panel will provide a report to the Public Sector standards Commissioner and the head of service which will include the determination and the reasons for the determination. A copy of the report will also be provided to the appellant. J5 -Costs The Territory will not be liable for any costs associated with representing an appellant in these procedures. J6 -Right of External Review The employee, or the employee’s union or other employee representative on the employee’s behalf, may seek a review by the FWC of a decision under subclause J4.8. The FWC will be empowered to resolve the matter in accordance with the powers and functions set out in clause G6 - of this Agreement. The decision of the FWC will be binding, subject to any rights of appeal against the decision to a Full Bench in accordance with clause G6.15. Section KAppeal and Process Reviews of certain recruitment decisions K1 - Application Under this Section, procedures are established for employees to seek a review of recruitment processes or appeal certain recruitment decisions. These procedures for appeals and reviews account for the principles of procedural fairness and natural justice in this context. For the purposes of this Section, an action includes a decision and a refusal or failure to make a decision. Decisions made by Joint Selection Committees in accordance with subclause B4 - cannot be reviewed or appealed.