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Discipline appeals

Who can appeal?

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 Commission Chief Executive.

The Commission Chief Executive can not hear appeals where a decision has been made to dismiss the employee. If you have been told you will be dismissed, you should seek information about appeal rights to the 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 decision to discipline may appeal the decision to discipline and/or the decision about the penalty applied.

The appeal may be made and argued on the grounds that the decision to discipline and/or the penalty were unfair or unreasonable.

The appeal should be lodged after both the decision to discipline and the decision about penalty have been made.

What decisions can be made?

The Commission Chief Executive 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 penalty); or
allow the appeal, set aside the decision appealed against and return the matter to the original decision maker (with any directions the Commission Chief Executive considers appropriate) to make a new decision.

Please note the Commission Chief Executive cannot investigate any matters in relation to an appeal.

How do I appeal a discipline decision?

You should read the Discipline Appeals – Frequently Asked Questions to find out more about the appeals process. If you decide to lodge an appeal you should:

Read the Appeals Directive. Part 2 provides further information on discipline appeals. You may also wish to refer to Chapter 7 of the Act.
Read the Discipline Appeals Guidelines and the Discipline Guidelines.
Finally, if you have decided to lodge an appeal, download the
notice of appeal form, complete it and send it to the Appeals Registry within 21 calendar days of receiving the decision on penalty:

Fax: (07) 3224 6635
Post: PO Box 15190, CITY EAST QLD 4002
Email: appeals@psc.qld.gov.au

(Please note: documents mentioned in the above text are available in other formats in our Corporate publications section.)

Last update: 20 November, 2009