3.1 What happens after an appeal is lodged?

As soon as practicable after an appeal is received, the PRSB emails the Selectee(s) to notify them of an appeal (within office hours). After closure of the appeal period, the PRSB also notifies the Transfer and Promotion Unit.

The President then allocates members of the PRSB Review Division to hear each appeal. The hearing list is published online by 4pm Monday after the appeal period has closed and shows the time, date, PRSB Hearing Officer and whether the appeal will be heard in-person or by Microsoft Teams for each appeal.

A copy of the relevant Selection File documents is provided to each Appellant, Selectee and Chief Commissioner’s Representative (CCR), usually on the Thursday before the appeal hearing.

The Selection File is emailed to you. You may print the documents if you wish but you must treat those documents as confidential (security classification OFFICIAL: Sensitive) using them only for the purpose of preparing for and participating in the appeal and not for publication or distribution.

 

3.2 How will I know if my selection has been appealed?

The closing time for the lodgement of appeals is midnight on the first Thursday after the publication of the selection in The Gazette (on the Monday).

The PRSB Secretary will email you as soon as practicable (within office hours) after an appeal is lodged. If you are not at work and have an out-of-office email message, the PRSB Secretary will attempt to telephone you as advised.

 

3.3 My selection has been appealed. What do I need to do?

While you might feel disappointed or concerned, it is important to remember that appeals are ‘part and parcel’ of the promotion and transfer process. Similar appeal processes exist in most other Australian policing jurisdictions.

If your selection is appealed, the PRSB Secretary will email you and advise the next steps. It is recommended you read the Guide thoroughly to help you prepare.

 

3.4 When will my appeal be heard?

The PRSB must hear and determine the appeal within five business days of lodgement of the selection file.

In practice, this means appeals are heard on either the Monday or Tuesday (or Wednesday if a public holiday falls on the Monday or Tuesday) of the fortnight following the selection being published in The Gazette (see part 10 in this Guide for an overview of the timelines involved in an appeal).

The strict timelines required by the Act mean that the PRSB is unable to move hearings to accommodate your other commitments. Consider your work, training and other commitments and plan ahead.

You can request to participate in an appeal by Microsoft Teams by emailing  review@prsb.vic.gov.au (External link).

The LPR will usually be nominated by the delegate (the person who authorised the selection) as the Chief Commissioner’s Representative (CCR) in the appeal (s.158(1)(b)). In some cases, the delegate or another person might represent the Chief Commissioner.

The role of the CCR in an appeal is to:

  • assist the PRSB by answering questions about the Position Profile, the particular needs of the position, the local area and the selection process

  • check that Appellants hold the required qualifications, meet any specified eligibility or time-in-position requirements for the position and if not, to make submissions

  • provide (or facilitate) the provision of information and submissions on behalf of the Chief Commissioner, where there are matters relating to probity/conduct of any Appellant or Selectee (arising from ROCSID reports, referee reports or otherwise)

  • raise any relevant issues concerning the security of information relating to the position or the selection or the holding of hearings in public (such as, for covert or other sensitive positions)

  • alert the PRSB about any inaccurate or misleading information provided by any party in the appeal.

 

3.6 Who will notify me about the hearing?

The PRSB Secretary notifies Appellants and Selectees by email about the hearing date, time and PRSB Member hearing the appeal. The hearing list (External link) is published on the PRSB website by 4pm on Monday after publication of The Gazette.

The Transfer and Promotion Unit contacts the delegate to let them know about the appeal. The PRSB Secretary will notify the CCR of the hearing date and time.

If a CCR becomes unavailable to participate in an appeal, they should contact the Transfer and Promotion Unit and advise the PRSB.

All notifications and documents are sent to your Victoria Police email. If you are not going to be at work during the appeal period, please include other contact details on the appeal form or advise the PRSB Secretary of an alternative email address and telephone number.

Due to the strict timeframes, if you are already away at the time the appeal is lodged, the PRSB Secretary will contact you according to instructions in your out-of-office email message.

Before you change any plans (for example, for leave or training) to attend the appeal hearing, consider requesting a hearing via audio visual link (Microsoft Teams)  or seeking leave to make a written submission (see 4.7 of this Guide).

 

3.8 Can I apply for other positions while my selection in under appeal?

Yes. To apply for other positions during an appeal period, contact the Transfer and Promotion Unit to arrange to manually submit your application. Your new application will only progress if the appeal against your selection is allowed.

 

3.9 Can I withdraw my appeal?

You can withdraw at any time before the decision is given by notifying the PRSB Secretary in writing (by email). The withdrawn appeal still counts towards your maximum of four appeals in a financial year. You are encouraged to review the selection file and consider if you have a reasonable prospect of winning your appeal. If you decide to withdraw it is appreciated if you do so promptly.

 

3.10 What documents will I receive in the selection file?

Selection File documents are confidential ( OFFICIAL- Sensitive ) and must not be published or distributed.

  • Position Description

Sets-out the qualifications, eligibility, time-in-position requirements and the Key Selection Criteria (KSC).

  • Position Profile

Prepared by the local manager and describes the local environment; any specific needs or challenges for the position; and the experience and attributes of the desired candidate.

  • Selection Panel Report

Includes the reasons for the selection decision; the interview questions, comments and scoring; and short-listing scoring.

  • The Gazette

Refers to the advertisement and publication dates of the relevant selection(s).

  • KSC Submission Form

Includes applicant details; career overview; education, qualification and professional development; your claims to being best suited to the position; three KSC responses, and validation and declaration sections. 

The file includes these for each Appellant and each Selectee being appealed.

The PRSB also provides a Seniority Report, which is only considered if two candidates are found to be of ‘equal efficiency’.

Some documents from the Selection File are not sent to Appellants, Selectees or LPRs for privacy reasons:

  • Register of Complaints, Serious Incidents and Discipline (ROCSID)

ROCSID reports from Professional Standards Command. The reports may be relevant to consider 'good conduct' (part of ‘efficiency’). If probity or discipline issues arise, the PRSB Member will usually close the hearing and discuss the matters only with the party and the LPR.

An appellant that was not short-listed for interview will receive a copy of their ROCSID report by separate email.

  • Referee Report

Referee reports obtained by the Transfer and Promotion Unit for those appeal parties who were interviewed, or any referee report for Appellants who were not interviewed, obtained by the PRSB.