Department of Premier and Cabinet
Category
Department of Premier and Cabinet Circular
Identifier
C2010-21
Status
Archived

C2010-21 Transfer of public sector appeals processes to the NSW Industrial Relations Commission

Description:

Keypoints

  • The public sector appeals process for both promotional and disciplinary appeals is transferred from the Government and Related Employees Appeal Tribunal (GREAT) to the NSW Industrial Relations Commission (NSW IRC).
  • The President of the NSW IRC assumes the role of the Chairperson of the Transport Appeal Boards (TAB).
  • The President of the NSW IRC will give directions regarding continuing any part-heard matter (commenced prior to 1 July 2010) including the replacement of a member of the former appeal body with a member of the NSW IRC.
  • These arrangements commence from 1 July 2010.
  • Matters already lodged with GREAT and TAB will be taken to be lodged, and heard under the new arrangements.
  • Practice Notes will be issued by NSW IRC on the practice and procedures to be followed in relation to public sector appeals, transport worker appeals and police hurt on duty appeals.
FunctionIndustrial RelationsSubjectAppeals (Decisions)

Keypoints

  • The public sector appeals process for both promotional and disciplinary appeals is transferred from the Government and Related Employees Appeal Tribunal (GREAT) to the NSW Industrial Relations Commission (NSW IRC).
  • The President of the NSW IRC assumes the role of the Chairperson of the Transport Appeal Boards (TAB).
  • The President of the NSW IRC will give directions regarding continuing any part-heard matter (commenced prior to 1 July 2010) including the replacement of a member of the former appeal body with a member of the NSW IRC.
  • These arrangements commence from 1 July 2010.
  • Matters already lodged with GREAT and TAB will be taken to be lodged, and heard under the new arrangements.
  • Practice Notes will be issued by NSW IRC on the practice and procedures to be followed in relation to public sector appeals, transport worker appeals and police hurt on duty appeals.

Public sector appeals

The Industrial Relations Amendment (Public Sector Appeals) Act 2010 amends the Industrial Relations Act 1996 (IR Act) by inserting a new Part 7 in the IR Act for the review of decisions concerning the promotion and discipline of public sector employees. This means the functions of GREAT are transferred to the NSW IRC and the Government and Related Employees Appeal Tribunal Act 1980 is repealed.

The provisions of Part 7 of the IR Act are very similar to those provisions under the GREAT Act.

Promotion appeals are still to be heard informally, subject to the rules of the NSW IRC and any practice notes. The NSW IRC will endeavour to settle disciplinary appeals by conciliation.

Public sector employees will still be able to choose to exercise their appeal rights in unfair dismissals under either Part 6 or Part 7 of the IR Act.

Transport worker appeals

The amendments to the Transport Appeal Boards Act 1980 provides for the President of the NSW IRC to review decisions concerning the promotion and discipline of officers and employees of the State Transit Authority, Sydney Ferries, the Roads and Traffic Authority and RailCorp. In practice this power will be delegated by the President to other members of the NSW IRC.

All TAB disciplinary matters are to be conciliated informally in the first instance.

Police hurt on duty appeals

The NSW IRC has also been granted jurisdiction under section 186 of the Police Act 1990 to consider appeals relating to leave when a police officer is hurt on duty.

Matters already lodged with GREAT and TAB or part heard

Matters already lodged with GREAT or TAB but not heard will be taken to have been lodged, and will be heard under the new arrangements.

The President of the NSW IRC will give directions regarding continuing any part-heard matter including the replacement of a member of the former appeal body with a member of the IRC.

Procedural and other matters

The tripartite panel system of the Tribunals is replaced with the use of expert witnesses. Appeals against decisions relating to GREAT and TAB matters are to be heard by the Full Bench of the Industrial Court rather than the Court of Appeal.

The GREAT and TAB registries are already located in the premises of the NSW IRC.

The President, NSW IRC has created two new Industry Specific Panels within the Commission to be known as the Transport Appeal Boards Panel (the TAB Panel) and the Public Sector Appeal Panel (the PSA Panel) for the purpose of dealing with these matters. His Honour Deputy President Grayson will be the head of the TAB Panel and his Honour Justice Staff will be the head of the PSA Panel and they will have principal responsibility for ensuring the efficient and effective operation of matters listed before the Panels.

THE NSW IRC has also developed approved forms, practice notes and other information for various appeals matters and these may be accessed at:
http://www.lawlink.nsw.gov.au/lawlink/irc/ll_irc.nsf/pages/IRC_research_information_announcements_2010_18

Brendan O’Reilly
Director General

Which agencies does this Circular apply to?
All public sector agencies. This includes all agencies and employees in the Government Service (Public Service Departments, Non-Public Service Divisions and Special Employment Divisions), the Teaching Service, NSW Police and the NSW Health Service.

Who needs to know about this Circular?
Human Resources, Personnel, Employee Relations.

Further information
Client Services, Public Sector Workforce 9228 4444 psw@dpc.nsw.gov.au.

Issued by

Industrial Relations Unit, Public Sector Workforce in the Department of Premier and Cabinet

Contact

Suzanne Ashby – 9228-3593 suzanne.ashby@dpc.nsw.gov.au

Date

7 July 2010

 

This Circular supersedes Circulars 2007-40 and 2007-42