2.1 I was not successful for the position and I'm thinking about appealing
It may feel disappointing when you don’t get a position you were keen on. You might feel that you are qualified and performed well and do not understand why the panel has not selected you. Before you appeal, seek feedback from the Local Panel Representative (LPR).
Constructive feedback might help you learn more about your interview, written responses, experience, capabilities areas where the panel thought you needed to develop. This feedback can help you improve your chances next time. It is part of the LPR role to oﬀer feedback and they will be expecting calls and emails after the selection is announced. If the LPR is on leave or you are unable to make contact, get in touch with the Transfer and Promotion Unit for advice.
Be aware however of the strict time limit for lodging an appeal (within three days of the selection being published in The Gazette). Appeals close at midnight on the Thursday following publication of The Gazette.
2.2 Am I able to appeal a transfer or promotion decision?
You must have applied for the position to be allowed to appeal. The following promotion and transfer decisions cannot be appealed:
promotion or transfer at superintendent, chief superintendent or commander
transfer or promotion to a Metropolitan position of a constable (general duties) or senior constable (general duties)
promotion of a constable to senior constable (in the same position)
transfer made under an expression of interest process agreed under an industrial instrument (that is, enterprise agreement) applying to police
officers or PSOs (s.141(2) and s.142(2)).
You may lodge a maximum in any given financial year.
2.3 Qualifications, eligibility criteria and time-in-position requirements: Regulation 54
The Victoria Police Regulations 2014 (r.54) provide that unless the PRSB otherwise determines, a police officer or PSO 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 or
has an application under regulation 15 or 20 , which has lapsed for a transfer or promotion to the position (under these regulations any applications made for transfer lapse, if you are selected for a different transfer and any other applications for promotion or transfer lapse if selected for a different promotion).
Before you appeal, check whether you meet all such requirements, which will be set out in the Position Description. If you are not sure, check with the Transfer and Promotion Unit.
Under regulation 54, you may still appeal despite not meeting these requirements. The PRSB will ask Victoria Police to make a submission, hear your arguments and then determine as a preliminary issue whether you will be allowed to appeal. If so, the appeal is decided on the basis of ‘efficiency.’
2.4 How many appeals can I lodge?
Use your appeal rights wisely and only if you feel you have a reasonable prospect of success. You may lodge a maximum of four appeals in a financial year. This includes appeals that are withdrawn. If you appeal a number of selections in a group selection process, each appeal counts towards this limit (ss.141(3) and 142(3)).
2.5 On what grounds can a decision be appealed?
For police officers, the only grounds for an appeal are for positions:
up to and including the rank of senior sergeant: superior efficiency or equal efficiency and greater seniority
at the rank of inspector: superior efficiency (s.141(4)).
For protective service officers, the only grounds are:
superior efficiency or equal efficiency and greater seniority (s.142(4)).
2.6 What is superior or equal 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 the definition of efficiency includes an additional element:
- the potential to develop the executive ability and leadership and management skills essential in senior executive positions.
2.7 What is greater seniority?
Seniority relates to your most recent promotion date. This may not necessarily be reflected in your registered number. See example below:
Candidate A graduated a year ahead of Candidate B
Candidate B was promoted to sergeant six months before Candidate A
Candidate B is the most senior
The levels of leading senior constable and first constable are not considered as ranks for the purpose of determining seniority under the Act.
If you argue equal efficiency and greater seniority, it is still necessary to demonstrate your efficiency. Seniority is only considered if all candidates are found to be of equal efficiency.
2.8 Can I appeal another selection if my own selection is subject to an appeal?
Yes. You might have applied for several positions where the selections were published in the same edition of The Gazette. If your own selection is appealed, you may appeal against your non-selection for one or more of those other positions, as long as the selections were published in the same edition of The Gazette.
If the appeal against your selection is disallowed, any appeals that you lodged will be treated as having been withdrawn. The withdrawn appeals will still count towards your limit of four appeals in any financial year.
You may seek an extension of time to appeal (see part 2.11 below).
Lodge your appeal within three days of the selection being published in The Gazette. The closing time and day for lodging is midnight on the first Thursday after publication of The Gazette.
Use VP Form 1047 (make sure you update your VP forms using the icon on your desktop) or download it from the PRSB website here.
An application for appeal must be in writing and state the grounds of appeal, as set out in the form published by the PRSB (r.54).
2.10 Can I lodge a late appeal?
Yes. However the PRSB can only grant an extension in exceptional circumstances (such as a situation over which you have no control that affects your ability to lodge an application, like a critical incident at work) (s.164). To lodge a late appeal, you must apply to the PRSB in writing (email is acceptable) and explain those exceptional circumstances. The PRSB may seek further information.
In some circumstances the appeals process must be altered from what is detailed in this Guide, to meet special conditions such as the COVID-19 pandemic, unusual demands on police resources (e.g. bushfires, protests) or to manage an exceptional number of appeals.
To respond to unusual circumstances the President may from time to time publish a Practice Note, which sets out special processes to apply for a period. (For example, during the COVID-19 pandemic all appeals were initially conducted by written submission, and then later on Microsoft Teams)
You will be advised by email of any such special process applying to your appeal and will be sent a copy of the Practice Note. Please read it carefully.
Practice notes or any other alterations to the appeal process are published on www.PRSB.vic.gov.au .