Can some employment actions cease to be reviewable?

Yes some actions cease to be reviewable, such as (Regulation 5.23):

  • you applied outside of the statutory time limits and there are no exceptional circumstances explaining why you did not make an application within the time limits (Regulation 5.23(4))
  • your application is misconceived or lacking in substance
  • your application is frivolous or vexatious
  • the matter has previously been reviewed
  • you have applied to have a promotion review committee (PRC) or an independent selection advisory committee (ISAC) decision reviewed
  • you have or could have the action reviewed by an external review body which is considered more appropriate to review your concerns

    For example:
    the Human Rights Commission, Privacy Commissioner, Commonwealth Ombudsman
  • you do not have a sufficient personal interest in the matters you are concerned about
  • review or further review is not otherwise justified in all the circumstances.

Some of these decisions are discretionary and we have a policy on how this discretion is exercised.