Where a decision has been made under the Public Service Act 2008 (or other relevant Act) to discipline a public service employee, that employee may appeal the decision to the Appeals Officer.
The Appeals Officer cannot hear appeals where a decision has been made to dismiss the employee. If you have been told you will be dismissed, you may have remedies under the Industrial Relations Act 1999. Information on this is available from Queensland Industrial Relations Commission.
The only exception is where a disciplinary declaration is made after the employee has left the public service.
On what grounds may a person appeal?
A person who is the subject of a discipline decision may appeal the disciplinary findings or the disciplinary action to be taken by the agency.
The appeal may be made and argued on the grounds that the disciplinary findings or disciplinary action were unfair or unreasonable.
The appeal can be lodged after the disciplinary findings have been issued or after both the disciplinary findings and the disciplinary action have been made.
Appellants need to seek their own independent advice on whether or not to lodge an appeal before or after a decision on the disciplinary action is issued.
What decisions can be made?
The Appeals Officer may:
- dismiss the appeal and confirm the original decision of the agency; or
- allow the appeal, set aside the decision appealed against and substitute another decision (which may include varying the disciplinary action); or
- allow the appeal, set aside the decision appealed against and return the matter to the original decision maker (with any directions the Appeals Officer considers appropriate) to make a new decision.
Please note the Appeals Officer cannot investigate any matters in relation to an appeal.
How do I appeal a discipline decision?
You should read the Appeals Guide to find out more about the appeals process. If you decide to lodge an appeal you should:
To lodge an appeal, please submit a notice of appeal form within the required timeframe.
Complete, print and submit the form to any one of the below addresses:
Fax: (07) 3221 6074
Post: PO Box 373, Brisbane, QLD, 4001