Public Sector Regulations 2025

An application for internal review of an employment decision of a public sector agency must be made to the agency, in a form approved by the agency—

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; or

in any other case—within 21 days after the day on which the employee is notified by the agency of the decision.

A public sector agency may, in a particular case, extend the period within which an application for internal review must be made.

An application for internal review may be withdrawn by notice in writing signed by the employee and delivered to the public sector agency (or by some other form of notice approved by the agency).

An internal review of a decision must commence within

21 days after the making of the application for internal review.

An internal review of a decision must be completed within

21 days after the applicant has finished providing information and making submissions on the application.

The public sector agency may extend the time for completion of a review but only if there are special reasons in the circumstances of the individual case for doing so.

If the employment decision subject to internal review was made personally by the public sector agency or by the chief executive or principal officer of the public sector agency, the review must be conducted by a person who is not an employee of the agency.

An internal review must be conducted—

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

in accordance with the rules of natural justice.

The parties to an internal review are not to be legally represented, but nothing prevents the applicant from being assisted by a person other than a legal practitioner in presenting their case.

NoteUnder section 60 of the Act, a public sector agency is required to endeavour to resolve its employees' grievances by conciliation (regardless of the fact that employees may apply for review of its decisions).