Victorian Current Acts Victorian Current ActsS. 19(1) amended by No. 6/2014 s. 17(2).
(1) Subject to this section, a Parliamentary officer is entitled to have an action taken within a Department that relates to his or her employment reviewed in accordance with the regulations and any standards issued under section 62 of the Public Administration Act 2004 .
S. 19(2) amended by No. 6/2014 s. 17(3).
(2) Unless the regulations otherwise provide, a Parliamentary officer is only entitled to have a review of a proposed appointment or promotion on the ground of a significant deficiency in the selection process or the process on an initial review.
(3) Regulations made for the purposes of this section may—
(a) prescribe exceptions to the entitlement to a review in circumstances where—
(i) the matter is frivolous, vexatious or lacking in substance; or
(ii) the applicant does not have sufficient personal interest; or
(iii) the applicant has not sought an initial review within the Department in which he or she is employed; or
(iv) the application is not made within a specified period; or
S. 19(3)(a)(v) substituted by No. 16/2010 s. 209(Sch. item 5.1).
(v) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010 ; or
S. 19(3)(a)(vi) substituted by No. 16/2010 s. 209(Sch. item 5.2).
(vi) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010 ;
S. 19(3)(b) amended by No. 6/2014 s. 17(4).
(b) provide for procedures for a review, including empowering the appointment of a person or body to conduct a review and specifying circumstances in which the applicant or any other party to a review may be accompanied by a legal practitioner or other person;
(c) provide for an initial review to be conducted within the Department in which the Parliamentary officer is employed;
(d) provide for the powers available to the person or body conducting an initial review within the Department in which the Parliamentary officer is employed;
S. 19(3)(e) amended by No. 6/2014 s. 17(5).
(e) provide for an application for a review to be made directly to the Victorian Public Sector Commission in specified circumstances;
S. 19(3)(f) amended by No. 6/2014 s. 17(5).
(f) provide for an application for a review to be referred to the Victorian Public Sector Commission in specified circumstances on completion of an initial review within the Department in which the Parliamentary officer is employed;
S. 19(3)(g) amended by No. 6/2014 s. 17(5).
(g) provide for the powers available to the Victorian Public Sector Commission on conducting a review, including power to require the appropriate Department Head to provide him or her with information or documents and power to interview any Parliamentary officer in the Department.
(4) Regulations made for the purposes of this section—
S. 19(4)(a) amended by No. 6/2014 s. 17(5)(6).
(a) must not require the Victorian Public Sector Commission to hold a formal hearing on a review; and
(b) must ensure that the rules of natural justice are adhered to on a review.