State Service Act 2000

Subject to subsection (1A), the procedure for a review under section 50(1) is to be determined by the President of the Tasmanian Industrial Commission.

Timeframes for an employee to apply for a review under section 50(1) are as prescribed by the regulations.

The procedure determined by the President of the Tasmanian Industrial Commission may provide for an internal review to be conducted within the Agency in which the State Service action was taken before the conduct of the review by the Tasmanian Industrial Commission.

The procedure referred to in subsection (1) – is to afford procedural fairness; and may be different for different categories of employees; and may vary according to the circumstances in which the State Service action occurred.

Before the determination of the application for a review, the Tasmanian Industrial Commission may direct the Head of Agency to take such action relating to the subject matter of the review as the Tasmanian Industrial Commission considers to be appropriate.

If the Tasmanian Industrial Commission is of the opinion that an application for a review is frivolous or vexatious, the Tasmanian Industrial Commission may refuse to undertake the review and dismiss the application.

In the determination of an application for a review, the Tasmanian Industrial Commission may – refuse to grant the application for a review and, if appropriate, direct the Head of Agency to take such action as the Tasmanian Industrial Commission considers appropriate; or in the case of an application for a review under section 50(1)(a), grant the application and direct the Head of Agency to undertake again the selection in accordance with section 39 and undertake such other requirements as are imposed by the Tasmanian Industrial Commission; or in the case of an application for a review under section 50(1)(b), grant the application and recommend or direct the Employer or the Head of Agency or any person to whom the powers of the Employer or the Head of Agency have been delegated, to take such action as the Tasmanian Industrial Commission considers appropriate.

The determination of the Tasmanian Industrial Commission in respect of an application for a review is final.

The Tasmanian Industrial Commission, on or before 31 October or such other date as may be prescribed, is to lay before each House of Parliament a report on the performance of its functions and exercise of its powers under this Act during the period of 12 months ending on the last preceding 30 June.