Performance management

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Information for performance management reviews

Who is eligible to apply for a review of the management of their performance?

All current non-SES employees of the Australian Public Service (APS) are eligible to apply.

Employees of the Parliamentary Service have a similar review scheme.

What sort of performance concerns can be reviewed?

Employees commonly raise these matters in review of performance management cases:

The action of:

  • providing feedback during the performance management cycle
  • developing the content of their performance agreement.

A decision about:

  • not meeting performance expectations
  • a performance rating of X
  • not advancing a salary point
  • commencing an under-performance process
  • reducing an employee's classification or moving them to another role because of unsatisfactory performance.

Are there timeframes?

Yes, there are important timeframes.

You have 120 days to apply for a review with your agency.

'When' 120 days starts depends on what you want reviewed. The 120 days is calculated from the date of the:

  • action - such as the date you were given performance feedback, or
  • decision - such as the date you were notified of a reduction in classification.

Your agency's review of these matters is called an agency primary review.
If you are dissatisfied with the outcome of this primary review, you may apply to the Merit Protection Commissioner for review. 

When we review a decision already reviewed by an agency, it is called a Merit Protection Commissioner secondary review.

You have 60 days to lodge the secondary review.

The 60 days starts from the date your agency advised you of the outcome of the primary review.

It is important to submit your application for review within the time limits (Regulation 5.23).

Primary review – General employment decision - 120 days - Submitted to your agency Secondary review – General employment decisions - 60 days from the agency's primary review decision - Submitted to your agency BUT addressed to the Merit Protection Commissioner

What sorts of things may the Merit Protection Commissioner consider?

The Merit Protection Commissioner may consider, in your case:

  • whether your agency has complied with the performance management provisions in its enterprise agreement and in the Australian Public Service Commissioner's Directions.
  • whether your performance was managed consistent with your agency's performance management policy
  • whether the way your performance was managed was fair and reasonable
  • evidence about your standard of performance including, where relevant, examples of your written work.

What types of recommendations are made?

The Merit Protection Commissioner makes recommendations to your agency about whether the:

  • performance management process applied to you was fair and reasonable
  • assessment of your performance was appropriate.

Applying for a performance management review

I don’t need more information, where do I apply?

An application form for this type of review by the Merit Protection Commissioner is available.

Please note: Information on the handling of personal information by the Office of the Merit Protection Commissioner is provided in the MPC privacy policy.

I want more information about the outcomes of performance management reviews?

You can find de-identified case summaries on a range of employment matters, including performance management at the Case summaries page under MPC resources.

Detailed information on reviews is available at the reviews of Other employment matters page.

General information on reviews is available at the MPC resources page.