South Australian Current Regulations South Australian Current Regulations27—Application for external review (section 62 of Act)
(1) An employee
aggrieved by an employment decision of a public sector agency may apply to
SAET for a review of the decision without having applied for an internal
review of the decision if—
(a) the
decision was made on an internal review; or
(b) the
decision is a decision to select an employee as a consequence of selection
processes conducted on the basis of merit.
(2) If an application
is made under subregulation (1), it must be made as follows:
(a) in
the case of a decision made on an internal review—within 21 days
after the day on which the employee is notified by the agency of the outcome
of the review;
(b) in
the case of a decision to select an employee as a consequence of selection
processes conducted on the basis of merit—within 7 days after the
day on which the employee is notified by the agency of the outcome of the
selection processes.
(3) An employee
aggrieved by an employment decision of a public sector agency may apply to
SAET for a review of the decision without an internal review of the decision
having been completed if—
(a) an
application for internal review was made after the period allowed for such an
application and SAET is of the opinion that the refusal of the agency to
extend the period was unreasonable; or
(b) the
agency has extended the time for completion of a review and SAET is of the
opinion that the extension was unreasonable.
(4) If an application
is made under subregulation (3), it must be made as follows:
(a) in
the case of a refusal to extend the period for an application for internal
review of a decision—within 7 days after the day on which the
employee is notified by the agency of the decision to refuse the extension;
(b) in
the case of an extension of time for completion of an internal review of a
decision—within 7 days after the day on which the employee is
notified by the agency of the decision to grant the extension.
(5) If an internal
review of an employment decision has been completed, an application to SAET
for a review of the decision must be made within—
(a) in
the case of a decision to select an employee as a consequence of selection
processes conducted on the basis of merit—7 days; or
(b) in
any other case—21 days,
after the day on which the employee is notified by the agency of the outcome
of the internal review of the decision.
(6) SAET may extend a
limitation of time under this regulation.