Are all decisions and actions reviewable?

Not all decisions and actions are reviewable (Regulation 5.23 and Schedule 1 of the Public Service Regulations). You can view the exclusions in Schedule 1 of the Public Service Regulations.

The most important exception is termination of employment. Termination of employment is reviewable by the Fair Work Commission.

Matters reviewed by a court or tribunal (for example the Fair Work Commission) are not eligible for review under this scheme.

Most staff selection, staff placement and recruitment decisions are not reviewable. 

However, promotion decisions for  APS 1–6 level jobs are reviewable. They may be reviewed by a promotion review committee. 

Engagement of a Parliamentary Service employee may be reviewable in some circumstances.

Reviewable

  • reduction in classification
  • relocation to another place in certain situations
  • serious defects in an EL 1 or EL 2 promotion process
  • some staff placement decisions.

Not reviewable

  • engagement decisions
  • movement or transfer at level
  • assigning or not assigning duties (ongoing or temporary).

Other non-reviewable actions are:

  • machinery of government decisions
  • decisions made by a promotion review committee or an independent advisory selection committee
  • policy, restructure or resourcing decisions made by your agency
  • decisions made under certain legislation, for example, the Safety, Rehabilitation and Compensation Act 1988.