Lodging an incapacity appeal
If the Secretary makes a determination under section 2.4.56(1) of the Education and Training Reform Act that a Teaching Service employee is incapable of performing his or her duties on account of physical or mental incapacity, the employee may appeal to a Merit Protection Board against the determination.
A notice of appeal must be lodged with the Merit Protection Boards within 14 days after the date on which the employee is given notice in writing of the determination of the Secretary.
A notice of appeal must be in writing; and be in the prescribed form. (Schedule 11, Education and Training Reform Regulations )
To lodge an application for appeal against termination due to physical or mental incapacity please print and fill out the
The Application may be
- emailed to firstname.lastname@example.org, or
- mailed to Merit Protection Boards, Level 4, 2 Lonsdale Street, Melbourne 3000.
Applications need to be lodged within 14 days of notification of the decision.
You must provide a copy of the written decision which is the subject of your grievance application.
How your information will be used
The Merit Protection Boards (MPB) will use the information collected on the Appeal Application Form for the purpose of assessing, managing and responding to a grievance. This includes, however is not limited to, such activities as determining the Board's jurisdiction to hear a matter, scheduling of hearings and preparing a Board for the hearing.
The MPB will use or disclose personal and health information for the purpose for which it was collected such as preparing Board members for a hearing or communicating Board decisions to the appellant; the decision maker; the Secretary of the Department; and the Executive Director, Schools Human Resources.
Your comment will be sought if your data is to be used for purposes other than addressing the grievance process unless authorised or required by law. Your information is kept secure and confidential and managed in accordance with the Privacy and Data Protection Act and Health Records Act .
Reviewed 05 May 2023