Victorian Numbered Regulations Victorian Numbered Regulations(1) Each public service body Head must establish a process for the review of an action taken within the public service body that relates to the employment of an employee who considers the action to be—
(a) unfair; or
(b) inconsistent with—
(i) the Act; or
(ii) any standards issued under section 62 of the Act.
(2) The review process—
(a) must require the rules of natural justice to be adhered to; and
(b) may provide for mediation or conciliation of the application; and
(c) must provide that any review is conducted as quickly, and with as little formality, as a proper consideration of the matter allows.
(3) The review process must require an application to be in writing and to specify—
(a) the action to which the application relates; and
(b) the name and title of the decision-maker or person who authorised or took the action; and
(c) the basis of the employee's complaint against the action; and
(d) the remedy sought, if any; and
(e) the date on which the action was taken; and
(f) the date the employee was notified of the action, or, if the employee was not notified, the date on which the employee first became aware of the action.
(4) The review process must require an application by an employee to be lodged within a specified period after either of the following days, unless the public service body Head is satisfied that the circumstances justify acceptance of an application lodged after that period—
(a) the day on which the employee was notified of the action to which the application relates; or
(b) if the employee was not notified of the action, the day on which the employee became aware of the action.
(5) The period specified under subregulation (4) must not be less than—
(a) 7 days if the action to which the application relates is a proposed appointment or promotion; or
(b) 28 days in any other case.
(6) Subject to subregulation (8), the review process must require the public service body Head to make reasonable enquiries or investigations prior to the making of a determination and, for that purpose, the public service body Head may appoint a person or body to conduct the review.
(7) A person or body appointed under subregulation (6) must be unconnected with the action or any investigation concerning the action commenced prior to that person or body being appointed.
(8) The review process may allow the public service body Head to refuse to conduct a review if the public service body Head considers that—
(a) the matter is frivolous, vexatious or lacking in substance; or
(b) the applicant does not have sufficient personal interest; or
(c) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding initiated under Division 2 of Part 8 of the Equal Opportunity Act 2010 ; or
(d) the matter could more appropriately be the subject of proceeding in any court or tribunal, including a proceeding initiated under Division 2 of Part 8 of the Equal Opportunity Act 2010 .
(9) The review process must provide that an applicant or any other party to a review must not be accompanied by a legal practitioner, unless the person conducting the review considers that the applicant or other party would be at a significant disadvantage in the absence of a legal practitioner.