Public Administration (Review of Actions) Regulations 2005

VersionNo. 003

Public Administration (Review of Actions) Regulations 2005

S.R. No. 174/2005

Version incorporating amendments as at
10 April 2013

table of provisions

RegulationPage

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

6Initial review process

7Referral to Public Sector Standards Commissioner

8Application to Public Sector Standards Commissioner for reviewof failure to commence initial review

9Application to Public Sector Standards Commissioner for
review without an initial review

10Conduct of reviews by Public Sector Standards Commissioner

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

VersionNo. 003

Public Administration (Review of Actions) Regulations 2005

S.R. No. 174/2005

Version incorporating amendments as at
10 April 2013

S.R. No. 174/2005

Public Administration (Review of Actions) Regulations 2005

1Objective

The objective of these Regulations is to prescribe the processes for the review of actions taken within public service bodies relating to the employment of employees.

2Authorising provision

These Regulations are made under section 112 of the Public Administration Act 2004.

3Commencement

These Regulations come into operation on 1January 2006.

4Revocation

The Public Administration (Reviews) Regulations 2005[1] are revoked.

5Definitions

In these Regulations—

initial review means a review under regulation6;

the Act means the Public Administration Act 2004.

6Initial review process

r. 6

(1)Each public service body Head must establish a process for the review of action taken within the public service body that relates to the employment of an employee who considers the action to be—

(a)unfair; or

(b)inconsistent with—

(i)the Act; or

(ii)these Regulations; or

(iii)any standards issued under section64(5) or 66(2) of the Act.

(2)The review process—

(a)must require the rules of natural justice to be adhered to; and

(b)may provide for mediation or conciliation of the application; and

(c)must be conducted as quickly, and with as little formality, as a proper consideration of the matter allows; and

(d)must require an application by an employee to be lodged within a specified period after—

(i)the day on which the employee was notified of the action to which the application relates; or

(ii)if the employee was not notified of the action, the day on which the employee became aware of the action—

unless the public service body Head is satisfied that the circumstances justify acceptance of an application lodged after that period; and

Reg. 6(2)(e) amended by S.R. No. 14/2008 reg.3.

(e)must require an application to be in writing and to specify—

r. 6

(i)the action to which the application relates; and

(ii)the name and title of the decision-maker or person who authorised or took the action; and

(iii)the basis of the employee's complaint against the action; and

(iv)the remedy sought, if any; and

(v)the date on which the action was taken; and

(vi)the date of the notification of the action, or, if the employee was not notified, the date on which the employee first became aware of the action; and

(f)subject to paragraph (g), must require the public service body Head to make reasonable enquiries or investigations prior to the making of a determination and, for that purpose, may allow the public service body Head to appoint any person or body unconnected with the action or any investigation concerning the action commenced prior to the appointment to conduct the review; and

(g)may allow the public service body Head to decline to conduct a review if the public service body Head considers that—

(i)the matter is frivolous, vexatious or lacking in substance; or

(ii)the applicant does not have sufficient personal interest; or

(iii)the matter is the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal initiated by the applicant; or

(iv)the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal; and

(h)must not allow legal representation unless the person conducting the review considers that either party would be at a significant disadvantage in the absence of legal representation.

(3)The period specified under subregulation(2)(d) must not be less than—

(a)7 days if the action to which the application relates is a proposed appointment or promotion; or

(b)28 days in any other case.

7Referral to Public Sector Standards Commissioner

r. 7

(1)An employee may, by notice, require a public service body Head to refer an application for initial review to the Public Sector Standards Commissioner for review of the process for the initial review, if the employee considers that the process—

(a)was unfair; or

(b)failed to comply with—

(i)the Act;

(ii)these Regulations; or

(iii)standards issued under section 64(5) or66(2) of the Act.

(2)A notice must be given under subregulation(1) within the following period after the day on which notice of the decision on the initial review was given to the employee—

(a)7 days if the action to which the application for initial review relates is a proposed appointment or promotion; or

(b)28 days in any other case—

unless the Public Sector Standards Commissioner is satisfied that the circumstances justify acceptance of the referral after that time.

8Application to Public Sector Standards Commissioner for reviewof failure to commence initial review

r. 8

(1)If—

(a)an employee applies for an initial review; and

(b)the public sector body fails to commence the initial review within 30 days after receiving the application—

the employee may apply to the Public Sector Standards Commissioner for review of the failure to commence the initial review.

(2)An application must be made under subregulation(1) no earlier than 40 days, and no laterthan 70days, after the public service body received the application for initial review unless the Public Sector Standards Commissioner is satisfied that the circumstances justify acceptance of the application after that time.

9Application to Public Sector Standards Commissioner for review without an initial review

r. 9

Despite any process established by a public service body Head as required by regulation 6, an employee may apply to the Public Sector Standards Commissioner for review of action taken within the public service body that relates to the employment of the employee if—

Reg. 9(a) amended by S.R. No. 14/2008 reg.4.

(a)the employee alleges that the action constitutes victimisation or harassment of the employee for having made a previous application to the Public Sector Standards Commissioner for review; or

(b)the public service body Head is alleged to have personally taken the action or is the primary decision maker.

10Conduct of reviews by Public Sector Standards Commissioner

(1)For the purposes of a review, the Public Sector Standards Commissioner may appoint any person or body unconnected with the initial review, the action or any investigation concerning the action prior to the appointment to conduct the review.

(2)For the purposes of a review, the Public Sector Standards Commissioner may—

(a)require the public service body Head to provide him or her with information or documents; and

(b)interview any employee in the public service body.

(3)A review must be conducted—

(a)as quickly, and with as little formality, as a proper consideration of the matter allows; and

(b)in accordance with the rules of natural justice.

(4)The parties to a review are not to be legally represented unless the person conducting the review considers that either party would be at a significant disadvantage in the absence of legal representation.

(5)The Public Sector Standards Commissioner may decline to conduct a review if the Public Sector Standards Commissioner considers that—

(a)the matter is frivolous, vexatious or lacking in substance; or

(b)the applicant does not have sufficient personal interest; or

r. 10

(c)the matter is the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal initiated by the applicant; or

(d)the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal.

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ENDNOTES

1.General Information

The Public Administration (Review of Actions) Regulations 2005, S.R.No.174/2005 were made on 20 December 2005 by the Lieutenant-Governor, having assumed the administration of the government of the State, with the advice of the Executive Council, under section 112 of thePublic Administration Act 2004, No.108/2004 and came into operation on 1January 2006: regulation 3.

Endnotes

The Public Administration (Review of Actions) Regulations 2005 will sunset 10 years after the day of making on 20 December 2015 (see section 5 of the Subordinate Legislation Act 1994).

2.Table of Amendments

Endnotes

This Version includes amendments made to the Public Administration (Review of Actions) Regulations 2005 by statutory rules, subordinate instruments and Acts.

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Public Administration (Review of Actions) (Amendment) Regulations 2008, S.R. No. 14/2008

Date of Making: / 4.3.08
Date of Commencement: / 4.3.08

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3.Explanatory Details

Endnotes

[1] Reg. 4: S.R. No. 16/2005 as amended by S.R. No. 52/2005.