10.   Right to have a decision reviewed

Review of decision

 

In pay and conditions matters, an applicant has the right to request a review of a decision that affects them through the Redress of Grievance (ADF) or Review of Action (APS) processes.

If a person approaches you about your decision and says they would like a review, you should advise them of the options available to them or refer them to someone who can do this.

The fact that someone wants a review does not reflect badly on your decision. The review is just a tool to ensure that the best possible decision is made. If you have followed the 10 steps for good decision-making and there is no error in your decision, it is unlikely that a review decision will differ at all from your original decision.

 

What is reviewed?

Generally there are two major aspects to a review.

§         Was this the correct and appropriate decision given the merits of the case?

§         Was this decision made in accordance with the principles of procedural fairness and principles of administrative law?

The steps in Section 6 of this Handbook are derived from these principles. If you follow these steps and the policy guidance on the matter of the decision, you should make decisions that will withstand the scrutiny of review.

How to find out about review processes

The formal review mechanisms for ADF and APS personnel are quite different.

For the ADF, adverse decisions are subject to merits review under the ADF redress of grievance system which can be found under Complaints – Military on the DCR homepage, including an appeal to the Defence Force Ombudsman.

Information on review processes available to APS employees is in the Defence Workplace Relations Manual, Chapter 15 Rights of Individuals, Part 4 Review of Actions/Managing Grievances.

 

The DCR website gives all the information about conducting formal and informal reviews for ADF and APS personnel.

 

General inquiries about the complaint handling process can be directed to

(02) 6127 2970.

 

You can write to the DCR at:

BP35-1-065
Brindabella Park
Department of Defence
Canberra ACT 2600

 

You can e-mail the DCR on complaint.resolution@defence.gov.au (It should be noted that privacy cannot be guaranteed when using this email service).

What if an applicant asks a more senior officer to change my decision?

 

Sometimes applicant may seek the review of a decision by a more senior officer outside of the formal grievance process.

In such situations, the senior officer cannot remake or alter the original decision, or direct the original decision-maker to do so. 

If they are aware of any additional relevant information or any errors in the original decision-making process, they may draw these to the attention of the original decision-maker. They may request that these now be taken into account (see Section 9 Can I change my decision?), or advise the applicant of the Redress of Grievance and Review of Actions processes.

 

PACMATE                                                             Reprint (August 2008)                                                Annex 5.A Section 10 – 1