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Reviewing Promotion Decisions

The office of the Merit Protection Commissioner is an independent office within the Australian Public Service Commission. An important part of the Commissioner’s role is to provide a fair system for review of decisions for all APS employees.

Ongoing APS employees, who are unsuccessful applicants for promotion, may apply to the Merit Protection Commissioner to have the promotion decision reviewed by a Promotion Review Committee. Successful applicants whose promotion has not taken effect can also apply for a promotion review.

Under the Public Service Regulations 1999, Parliamentary Service employees joining an APS agency are considered to have been engaged by the APS agency. Ongoing Parliamentary Service employees who have applied for a job in the APS at a higher classification level can also apply for promotion review or may be subject to an application for promotion review from an APS employee.

A promotion review can only be conducted for promotions to APS Level 1 to APS Level 6 (or equivalent) classifications. A Promotion Review Committee cannot review promotions to jobs at the Executive Level 1 and Executive Level 2 (or higher) classifications. However, Executive Level promotions may be subject to a review of action if there is a serious defect in the process. For information on promotion reviews and reviews of action see the Merit Protection Commissioner’s website:www.meritprotectioncommission.gov.au

Promotion decisions cannot be reviewed if they are based on the recommendation of an Independent Selection Advisory Committee or a decision of a Promotion Review Committee.

How to lodge a promotion review application

Applications for review of promotion decisions notified in the Gazette must be made in writing. Applications may be lodged by submitting an online form available on the Merit Protection Commissioner’s website at www.meritprotectioncommission.gov.au or by email, facsimile or by mail to the address below:

Review Team
Australian Public Service Commission
PO Box 20636
World Square Post Office
Sydney NSW 2002
Phone: (02) 8239 5330
Facsimile: (02) 6267 4944
Email: review@apsc.gov.au

Closing date for applications (Regulation 5.9 specified period)

Applications for review of promotion decisions must be received by the Merit Protection Commissioner, at the address above, by 5pm local time on the 14th day after the date of notification of the promotion in the Gazette.

By local time is meant 5pm in the State or Territory in which the application is made. Applications made overseas must be received by the Merit Protection Commissioner by 5pm Australian Eastern Standard time.

Applications for promotion review not lodged at the relevant address by the closing date and time will be considered to be out of time and will not be accepted.

Applicants for review are responsible for ensuring that their applications reach the Office of the Merit Protection Commissioner by the closing date and time and should contact the Office at the address above to confirm receipt.

If you have any queries about the closing date for applications you can contact the address above.