Review of action
All government departments have a review process to ensure that concerns of employees are dealt with promptly and fairly.
In accordance with regulation 6 of the Public Administration (Review of Actions) Regulations 2015, the Secretary to the Department of Education (the department) has delegated the Merit Protection Boards to conduct initial reviews of action (personal grievances or selection grievances) of employees of the Victorian Public Service who are employed by the department, including Executive Officers, Senior Executive Service, VPS, Allied Health and Nurses.
When a personal or selection grievance is lodged the Merit Protection Boards’ senior chairperson will refer such an application to a VPS Review of Action Board.
The right to a grievance review
Victorian Public Service employees (Executive Officers, VPS, Allied Health and Nurses) who are employed by the department may lodge an application for Review of Action in accordance with the provisions of the current Department policy.
VPS selection grievance applications need to be lodged within 7 calendar days of notification of the decision.
VPS personal grievance applications need to be lodged within 28 calendar days of notification of the decision.
Applications lodged outside of these periods are considered to be out of time and may not proceed.
Appellants should make every effort to seek written confirmation of the decision which has given rise to the grievance. Where an appellant is provided only with verbal advice of a decision, a grievance can still be lodged. In some circumstances the decision maker may be asked by the registrar to provide written advice of their decision should they fail to provide this to the appellant.
The Merit Protection Boards can only hear grievances for matters that occurred within the Department of Education.
Lodging a grievance out of time
If a personal grievance is lodged outside of the required period, the appellant may request the senior chairperson consider the “special circumstances” which have led to the late application. Where the special circumstances are accepted by the senior chairperson a late application will proceed.
Special circumstances can include:
- medical emergencies
- documentation incorrectly dated by either party
- incorrect legal or representative advice
- written decisions not provided in a timely manner.
If a personal grievance is lodged outside of the 28-day period without a request for special circumstances to be considered, the senior chairperson may offer the appellant the opportunity to do so. This opportunity will only be provided to those applications that the senior chairperson determines fall within the jurisdiction of the Merit Protection Boards to hear and determine. The fact that an appellant does not know about the Merit Protection Boards or their right to lodge a grievance is unlikely to be considered a special circumstance.
Learn more about the VPS grievance process
Learn more about the VPS grievance process
Information on the VPS grievance (Review of Action) process
Lodge a grievance application
If you encounter problems lodging your grievance online try closing your browser and starting again.
A grievance can also be lodged by downloading and filling in the word version of the grievance application form:
The application may be:
- emailed to meritboards@education.vic.gov.au
- posted to Merit Protection Boards, Level 4, 2 Lonsdale Street, Melbourne 3000
You must provide a copy of the written decision which is the subject of your grievance application.
If your grievance relates to the outcome of a complaints process please also provide a copy of the original allegations letter and a copy of any response you made to those allegations.
Telephone assistance
Telephone 03 7022 0040 for assistance. Please note that grievances must be lodged in writing and will not be taken over the telephone.
How your information is used
The Merit Protection Boards (MPB) will use the information collected on the Grievance 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 and their representative at the hearing (if any); the decision maker and their representative at the hearing (if any); the Secretary of the Department; the Executive Director, People, Strategy and Operations (VPS) and the Victorian Public Sector Commission.
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 2014 and Health Records Act 2001.
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