2.1 I was not successful for the position and I'm thinking about appealing
It is disappointing when you don’t get a position you were keen on. You might feel that you are qualified, presented a strong written application, performed well when interviewed, or both, and do not understand why the panel has not short-listed or selected you.
Before you appeal, seek feedback from the Local Panel Representative (LPR). The LPR is the sworn employee nominated by the delegate to sit on the initial selection panel.
Constructive feedback might help you learn more about your interview performance and how the panel regarded your written application, and areas where the panel thought you needed to develop your capabilities or gain more experience. This feedback can help you improve your chances next time.
It is part of the LPR’s role to oﬀer feedback (whether you were interviewed or not) and they will be expecting calls and emails. If the LPR is on leave or not contactable, contact the Transfer and Promotion Unit (TPU) for advice.
Be aware of the strict time limit for appealing (within three days of the selection being published in The Gazette). This means appeals close at midnight on the Thursday following publication of The Gazette on the previous Monday. If there is a public holiday in that week, lodgment closes midnight Friday.
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 of four appeals in one financial year (1 July to 30 June).
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 Member will deal with any arguments about r.54 as a preliminary issue. The PRSB Member will ask the Chief Commissioner’s Representative (CCR) and the parties to make a submission, hear arguments, and then decide this as a preliminary issue. If the PRSB Member decides you may appeal, then the appeal will proceed to be heard in the usual way, based on efficiency.
2.4 How many appeals can I lodge?
You may lodge a maximum of four appeals in a financial year (1 July to 30 June) including appeals withdrawn. If you appeal more than one selection in a group process, each appeal counts towards your limit (ss.141(3) and 142(3)).
Use your appeal rights wisely and only appeal if you feel you have reasonable prospect of success.
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?
Eﬃciency means: 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).
You can think about ‘efficiency’ as having two components:
- Your general merit: the quality of your service; your record of good conduct; your general intelligence (problem-solving, written and oral communication, analytical skills etc.) and fitness;
- Your suitability for the position: ‘aptitude’ means your suitability or natural fit, based on your capabilities, qualifications and experience, for the specific position. This element can be important for specialist roles.
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 (s.4).
The Board has noted in past inspector appeal decisions that this final criterion is an especially important consideration, as inspectors are the pipeline of talent for promotion to more senior ranks. Also, inspectors are expected to regularly rotate across a variety of positions at the rank of inspector. This means general leadership and management skills are more important than specialist expertise.
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 2.10 below).
Lodge your appeal within three days of the selection being published in The Gazette (on a Monday). The closing time and day for lodging is midnight on the Thursday after publication of The Gazette. (Where the Thursday is a public holiday, the appeal must be lodged by midnight on Friday.)
An appeal must be in writing and state the grounds of appeal, using the form published by the PRSB (r.54).
Use VP Form 1047 (make sure you update your VP forms icon on your desktop) or download it from the PRSB website
2.10 Can I lodge a late appeal?
Yes. However, the PRSB can only grant an extension to lodge an appeal (or for any other step under the Act) in ‘exceptional circumstances’ (s.164). This may include for example, a situation over which you have no control which prevented you appealing, like serious illness or a critical incident at work.
Apply for an extension of time by email (or telephone, if urgent) to the PRSB Secretary and provide reasons. The PRSB may seek further information or require evidence (such as a medical certificate, supervisor’s confirmation or a statutory declaration).
The President has published an Appeal Practice Direction (s.156A) which provides further requirements for appeals. The first Practice Direction was published in March 2020, to set out special procedures given the COVID 19 pandemic. It has been revised several times since then.
The Practice Direction requires parties to lodge written submissions on questions specified in the Practice Direction, of up to one page for constable/senior constable, and up to two pages for other ranks.
The Practice Direction also provides instructions for using Microsoft Teams (Teams) and pandemic-related requirements for attendance at the PRSB office.
You will be sent a copy of the Practice Direction after an appeal is lodged. Check PRSB Practice Direction - Police Officer Promotion and Transfer Appeals | Police Registration & Services Board Victoria to read the current Practice Direction. Note that the questions in the Practice Direction will be amended from time to time.