Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 194

194 Decisions against which appeals may be made

(1) An appeal may be made against the following decisions—

(a) a decision to take, or not take, action under a directive;

(b) a decision under a disciplinary law to discipline—

(i) a person (other than by termination of employment), including the action taken in disciplining the person; or

(ii) a former public service employee by way of a disciplinary declaration made under section 188A , including if the disciplinary action that would have been taken was termination of employment;

(ba) a decision of the commission chief executive under section 88IA to give a direction about rectifying a defect in the procedural aspects of the handling of a work performance matter, to the extent the direction affects the employee the subject of the work performance matter;

(bb) a decision to suspend a public service employee without entitlement to normal remuneration under section 137 (a
"suspension without pay decision" );

(c) a decision to promote a public service officer (a
"promotion decision" );

(d) a decision to transfer a public service officer (a
"transfer decision" );

(e) a decision (each a
"conversion decision" )—

(i) under section 149B not to convert the basis of employment of an employee; or

(ii) under section 149B to convert the basis of employment of an employee in a circumstance provided for under a directive made under section 149B (8A) ; or

(iii) under section 149C not to appoint an employee to a position at a higher classification level, if the employee has been seconded to or acting at the higher classification level for a continuous period of at least 2 years;

(eb) a decision a public service employee believes is unfair and unreasonable (a
"fair treatment decision" );

(f) a decision about anything else against which another Act allows a person to appeal.

(2) However—

(a) if an appeal may be made under this section against a decision, other than under subsection (1) (eb) , the appeal can not be made under subsection (1) (eb) ; and

(b) an appeal can not be made against a decision if section 195 applies to the decision.

(3) In this section—

"temporary employee" —

(a) includes a general employee employed on a temporary basis; but

(b) does not include a person employed under section 147 or 148 on a casual basis.