What is and isn’t an exceptional circumstance?

What is and isn't an exceptional circumstance depends on the particular facts of each case.

Exceptional circumstances may include:

  • cases where extended sick leave significantly hinders an employee's ability to consider making a review application
  • where the significance or main effects of the action only became known some time after the action.

An exceptional circumstance would not usually include:

  • an employee arguing that they were not aware that they had a right to review
  • a circumstance that was ordinary or usual. For example moving to a new job or taking recreation or long service leave.

Note: APS employees have an obligation under Regulation 3.16 to inform themselves of the Public Service Act, the Regulations and the Public Service Commissioner's Directions.