Police officers and protective service officers (PSO) may appeal certain decisions relating to promotion and transfer (Victoria Police Act 2013, ss.142 and143).
The Police Registration and Services Board (PRSB) conducts appeals under Part 8 of the Act. The PRSB is independent of Victoria Police. The Chief Commissioner must give effect to the decisions of the PRSB (s.165).
The appeal is a ‘re-hearing’ and the PRSB decision is binding. The hearing officer (a PRSB Review Division member) will make a decision, independently and afresh, based on:
- all the information in the selection file
- information obtained and submissions made at the hearing.
The PRSB has prepared a Guide to assist you in an appeal.
When to appeal
To appeal, a police officer or protective services officer must have applied for the position. You may lodge a maximum of four selections in any financial year (including withdrawals). If you appeal a number of selections in a group process, each one counts towards your limit.
Before applying, consider seeking feedback from the local panel representative.
Appeals must be lodged using VP Form 1047 within three days of the selection being published in The Gazette.
Closing time and day is midnight on the first Thursday after publication of The Gazette (see lodging an appeal).
What if I don't meet specified requirements for the position?
You may lodge an appeal application even if you do not meet the specified qualifications, eligibility criteria or time-in-position requirements set out in the position description.
Under Victoria Police Regulation 54 (2014), unless PRSB otherwise determines, a police officer or protective service officer is not entitled to appeal if that person:
- did not satisfy the qualifications, eligibility criteria or time-in-position requirements to apply for the position
- has an application under regulation 15 or 20, which has lapsed, for a transfer or promotion to the position (regulations 15 and 20 provide that any applications you have made for transfer lapse, if you are selected for a different transfer; and any other applications for promotion or transfer lapse if you are selected for a different promotion).
At the hearing you will need to argue why you should be allowed to appeal, despite not meeting the requirements. If PRSB determines that you are entitled to have your appeal heard, the hearing will proceed in the usual way by considering whether you are of superior efficiency to the selectee: otherwise the appeal will not proceed.
Please advise the PRSB Secretary as soon as possible if this situation applies to you.
What are the grounds for appeal?
For Police Officers the only grounds for an appeal are for positions:
- up to and including the rank of senior sergeant for superior efficiency or equal efficiency and greater seniority
- at inspector level for superior efficiency.
For Protective Service Officers the only grounds for an appeal are for:
- superior efficiency or equal efficiency and greater seniority.
Superior or equal efficiency
Efficiency The aptitude and special qualifications necessary for the discharge of the duties of the position in question, together with merit, diligence, good conduct, quality of service, mental capacity and physical fitness (s.4).
For inspector positions, efficiency also includes the potential to develop the executive ability and leadership and management skills essential in senior executive positions.
Seniority relates to the most recent promotion date for each candidate and is not necessarily reflected in a Victoria Police registered number.
The levels of leading senior constable and first constable are not considered ranks when determining seniority.
If you argue equal efficiency and greater seniority is it still necessary to demonstrate your efficiency. Seniority is only considered if all candidates are found to be of equal efficiency.
Can I cross appeal if my selection is appealed?
You may cross-appeal only if your selection appears in the same edition of The Gazette and has been appealed. If the appeal against your selection is disallowed, any appeals you have lodged will be regarded as withdrawn (and still count towards your limit of 4 in any financial year).
The Victoria Police Act 2013 establishes timelines for appeals.
Extension to time limit
Extensions of time for lodging may be granted under exceptional circumstances. Email the PRSB secretary to request a time extension firstname.lastname@example.org .
About the hearing
Appeals are usually heard by one member of the Review Division, sitting alone. In some cases, the President may allocate two or more members.
The purpose of the appeal is to learn more about candidates, including about career experience, quality of service, capabilities and approaches to police work, to decide superior efficiency.
Who attends the hearing: In person or teleconference?
Appellants and selectees are expected to attend the hearing in person or by teleconference.
Local panel representatives attend the hearing by teleconference.
If you are attending by teleconference, instructions will be provided.
Can other people attend?
Appeal hearings are open to the public unless the hearing officer orders the hearing (or part of it) to be closed. You may observe a hearing and a colleague or family member may also attend for support.
What if I can't attend: Submission of documents?
You may withdraw, have the appeal determined in your absence or in exceptional circumstances, seek leave to make a written submission.
The hearing officer may allow or request the Chief Commissioner to provide additional documents.
Location of hearings
Unless otherwise advised, all hearings are held at the PRSB office located at Level 6/155 Queen Street Melbourne (corner of Queen and Bourke Streets).
- Limited on-street parking (1 and 2 hour) and multi-storey car-parks available
- Train stations: Flinders Street, Flagstaff and Melbourne Central
- Nearest tram: Stop 4 on routes 86 and 96
No wheelchair accessible toilets are available in the PRSB building. Please contact the PRSB Secretary if you require accessible facilities.
Selection file contents
|Position Description||Qualifications, eligibility, time in position and KSC requirements|
|Position Profile||Local environment and any specific needs|
|Selection Panel Report||Questions asked in the panel interview, comments and scoring of those interviewed, reasons for the selection and scoring used to select from those interviewed|
|The Gazette||Advertisement of position and publication of selection/s|
|Seniority Report||Only considered if PRSB finds two candidates of equal efficiency)|
|Responses to Key Selection Criteria||VP Form 25 for each appellant and each selectee being appealed|
|Candidate Profile||Service history, education and qualifications|
The hearing officer also receives documents (not sent to participants for privacy reasons):
- Register of complaints, serious incidents and discipline (ROCSID) report
- PDA reports for the current and preceding cycles
- Any referee reports obtained by the Transfer and Promotion Unit as part of the final vetting process of candidate(s)
An appeal may be disallowed (selectee retains position) or allowed (appellant obtains position): the PRSB decision is binding.
Most decisions will be finalised by 4pm on the Friday of the week of the hearing. In complex matters or if the Member has unavoidable commitments or has heard a number of appeals, the decision may take a little longer.
If an appeal is allowed, the outcome will be published in The Gazette. The decision will not repeat the information in the Selection File or given in the hearing but will set-out the key reasons and aim to provide constructive feedback to assist career development and performance in future selection processes. Reasons for decisions are not published on the PRSB website but are provided to relevant Victoria Police managers, the local panel representative and the parties
You will be receive the PRSB decision by email. If you will not be able to access your Victoria Police email address in this timeframe, please advise the PRSB Secretary of an alternative.
Avenues for review
PRSB decisions are subject to Supreme Court review.