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Last updated: 10 June 2008
Review of Promotion Decisions
This brochure provides general information for Australian Public Service (APS) employees about the promotion review process administered by the Merit Protection Commissioner.
The legislative basis for the promotion review process is Division 5.2 of the Public Service Regulations 1999 (the Regulations).
Certain decisions involving the engagement of Parliamentary Service employees by the APS are also subject to review (see below).
Role of the Merit Protection Commissioner
The Merit Protection Commissioner is an independent statutory office holder established under section 49 of the Public Service Act 1999 (the Act). The Merit Protection Commissioner has a range of functions relating to the employment framework of the APS, including the promotion review function.
The Merit Protection Commissioner is assisted by staff of the Australian Public Service Commission.
What is a promotion?
A promotion is the ongoing movement of an APS employee to a job at a higher classifi cation level. However, a move to a higher classification within an agency’s broadband is not a promotion.
Publication of promotions
Promotion decisions are published in the APS Employment Gazette (www.APSjobs.gov.au). Promotions normally take effect four weeks after the promotion has been published in the Gazette, subject to any promotion reviews.
Grounds for review
The only ground for a review of a promotion is merit, i.e., the review applicant believes they have stronger claims, in terms of skills and other work-related qualities, to the particular job than the person who was promoted.
Review of engagement decisions involving Parliamentary Service employees
The Parliamentary Service Act 1999 established the Parliamentary Service as a separate service from the APS.
Under the Regulations, Parliamentary Service employees joining the APS are considered to have been ‘engaged’ by the APS. The information contained in this brochure also applies to ongoing Parliamentary Service employees who have applied for an APS job at a higher classification.
Promotion Review Committee (PRC)
Promotion reviews are conducted by an independent and impartial committee established by the Merit Protection Commissioner.
The committee consists of three members:
- a convenor nominated by the Merit Protection Commissioner
- a nominee from the relevant agency
- a third member nominated by the Merit Protection Commissioner.
The convenor will be an employee of the Commission with special training in merit-based staff selection. The third member will be an APS employee who has the relevant skills and experience to undertake merit based staff selection.
How is a PRC independent?
Each member of the PRC is required to sign a declaration of impartiality.
A PRC cannot be directed when carrying out their duties. This means that they need to form their own judgement about candidates.
PRCs need to follow the binding instructions which the Merit Protection Commissioner has issued to guide PRCs.
Who is entitled to seek a review?
A. Active reviews
If you have applied for a promotion to a particular job(s) but have been unsuccessful, you are entitled to apply to have the decision reviewed by a PRC under the following circumstances:
- you are an ongoing APS employee who has applied for promotion to the job(s)
- the job(s) is at the APS 2 to 6 classifications
- the successful applicant is an ongoing employee of the APS who will be promoted to the job, or is an ongoing Parliamentary Service employee to be ‘engaged’ in the APS at a higher classifi cation than their current level
- the promotion decision was not made on the recommendation of an Independent Selection Advisory Committee
- the promotion decision did not result from a review conducted by a PRC.
B. Protective reviews
Some selection exercises fill multiple job vacancies and result in a number of people being promoted. Candidates whose promotions are published in the Gazette in this circumstance and who expect other candidates to seek a review of their promotion are able to lodge ‘protective’ applications for review. This involves lodging review applications against other persons whose promotions have been published in the Gazette from the same selection exercise.
C. Applying for a review
You will need to provide the information required in the application form available from the Commission website. Applications can be submitted either online, by fax or post to the Commission office which covers the State or Territory in which you work (See Further information). No other documentation is required at this stage.
Applications for review must be received by 5pm local time on the 14th day after the date the promotion appeared in the Gazette.
Notification of a review application
Commission staff will determine the validity of any application received and advise the agency and the parties to the review accordingly. The parties to the review are the review applicants and the promotees nominated by the review applicants.
Information on agencies whose promotions have attracted review applications is posted on the Commission website on the day following the due date for applications. Detailed information on the process will then be provided to the agency and parties to the review.
Information required by the PRC
The agency and parties to the review must provide a range of information to the PRC. The agency provides information about its original promotion decision and the parties to the review provide a statement of their claims for promotion to the job.
The PRC process is transparent and parties to the review will have access to all relevant information considered by the PRC in the decision-making process.
What does the PRC assess?
The PRC assesses the relative merit of the person promoted and each person who has validly applied for review of that promotion decision.
Relative merit means deciding who is most suitable to perform the duties of the job successfully.
PRC decision
The PRC makes an independent decision about which person(s) shall be promoted. Under law, agencies are bound to implement PRC decisions.
What if you are still not satisfied?
There is no further right of administrative review under the Act or the Regulations.
To take the matter further, you would need to apply to a court for judicial review, under the general law or the Administrative Decisions (Judicial Review) Act 1977. In such cases, it would be prudent to seek independent legal advice.
