Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 132

132 Decisions against which appeals can not be made

(1) A person can not appeal against any of the following decisions—

(a) a decision of the Governor in Council;

(b) a decision of a Minister;

(c) a decision about superannuation benefits or workers’ compensation;

(d) a decision about probation;

(e) a decision to terminate the employment of a person, including, for example, a person employed on probation;

(f) a decision about the classification level of employment, unless the decision is declared under a directive to be a decision against which an appeal may be made;

(g) a decision to promote, transfer, redeploy or second a person as a chief executive, a senior executive or a senior officer;

(h) a decision to promote, transfer, redeploy or second a public sector executive, unless the decision is declared under a directive to be a decision against which an appeal may be made;

(i) a decision of the commissioner relating to reviewing a procedural aspect of the handling by a public sector entity of a work performance matter at the request of an employee under section 124 , other than to the extent allowed under section 131 (1) (h) ;

(j) a decision under section 114 not to convert the employment of a public sector employee to a permanent basis;

(k) a decision under section 120 not to appoint a public sector employee to a position at a higher classification level, if the employee has been acting at, or seconded to, the higher classification level for less than 2 years;

(l) a non-appealable appointment.

(2) A person can not appeal against, or in an appeal call in question in any way, a decision that decides the policy, strategy, nature, scope, resourcing or direction of the public sector or the public service or a public sector entity.

(3) A person can not appeal against a promotion decision if—

(a) the person employed under the promotion decision had been redeployed within 1 year before the promotion; and

(b) the promotion is to a classification level that is not higher than the classification level of the person employed under the promotion decision immediately before the redeployment.

(4) A person can not appeal against a fair treatment decision—

(a) made under chapter 3 , part 8 , division 5 ; or

(b) made under chapter 3 , part 8 , division 3 , other than a finding under section 91 that a disciplinary ground exists for the person; or

(c) relating to the recruitment or selection of a public sector employee; or

(d) relating to a person’s work performance, other than a decision about the person’s work performance that is recorded in a formal way as part of a periodic performance review; or

Example for paragraph (d)—

a decision about performance recorded in a person’s performance development agreement as part of the person’s 6-monthly or annual performance review

(e) relating to the resolution of a grievance under an industrial instrument, other than a decision about the outcome of the grievance; or

(f) relating to the development or performance management of a chief executive or senior executive.

(5) In this section—

"non-appealable appointment" means an appointment or employment—

(a) for which the commissioner is satisfied the principles mentioned in section 44 are sufficiently protected by ways other than an appeal under this part; and

(b) that the commissioner has declared by gazette notice, or a directive, to be an appointment or employment against which an appeal may not be made.