{"id":"sr:public-administration-review-actions-regulations-2025","name":"Public Administration (Review of Actions) Regulations 2025","slug":"public-administration-review-of-actions-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181430,"registerId":"vic-sr:public-administration-review-actions-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Administration (Review of Actions) Regulations 2025","content":"Version No. 001\n\n**Public Administration (Review of Actions) Regulations 2025**\n\n**S.R. No. 142/2025**\n\nVersion as at  \n14 December 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\nPart 2—Initial reviews 3\n\n6 Establishment of initial review process 3\n\n7 How an initial review process is to be conducted 3\n\n8 Requirements for application for initial review 4\n\n9 Written notice of decisions 5\n\nPart 3—Commission reviews 7\n\nDivision 1—Application 7\n\n10 Application to the Commission for review of process of initial review 7\n\n11 Application to the Commission for review of failure to commence initial review 8\n\n12 Application to the Commission for review without an initial review 8\n\nDivision 2—Review 9\n\n13 Conduct of reviews by the Commission 9\n\n═════════════\n\nEndnotes 11\n\n1 General information 11\n\n2 Table of Amendments 13\n\n3 Explanatory details 14\n\n**Version No.** **001**\n\n**Public Administration (Review of Actions) Regulations 2025**\n\n**S.R. No. 142/2025**\n\nVersion as at  \n14 December 2025\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe, for the purposes of section 64 of the **Public Administration Act 2004**, the processes for the review of actions taken within public service bodies relating to the employment of employees.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 112 of the **Public Administration Act 2004**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 14 December 2025.\n\n\t4 Revocation\n\nThe Public Administration (Review of Actions) Regulations 2015[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***initial review*** means a review conducted in accordance with an initial review process;\n\n***initial review*** ***process*** means a process established under regulation 6 which conforms with the requirements under regulations 7, 8 and 9;\n\n***the Act*** means the **Public Administration Act 2004**.\n\nPart 2—Initial reviews\n\n\t6 Establishment of initial review process\n\nEach public service body Head must establish a process for the review of an action taken within the public service body that relates to the employment of an employee who considers the action to be—\n\n(a) unfair; or\n\n(b) inconsistent with—\n\n(i) the Act; or\n\n(ii) any standards issued under section 62 of the Act.\n\n\t7 How an initial review process is to be conducted\n\n(1) An initial review process—\n\n(a) must be conducted subject to the requirements of procedural fairness; and\n\n(b) may provide for mediation or conciliation of the application; and\n\n(c) must provide that any review is conducted as quickly, and with as little formality, as a proper consideration of the matter allows.\n\n(2) Subject to subregulation (4), an initial review process must require the public service body Head to make reasonable enquiries or investigations prior to the making of a determination and, for that purpose, the public service body Head may appoint a person or body to conduct the review.\n\n(3) A person or body appointed under subregulation (2) must be unconnected with the action or any investigation concerning the action commenced prior to that person or body being appointed.\n\n(4) An initial review process may allow the public service body Head to refuse to conduct a review if the public service body Head considers that—\n\n(a) the matter is frivolous, vexatious or lacking in substance; or\n\n(b) the applicant does not have sufficient personal interest; or\n\n(c) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding initiated under Division 2 of Part 8 of the **Equal Opportunity Act 2010**; or\n\n(d) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding initiated under Division 2 of Part 8 of the **Equal Opportunity Act 2010**.\n\n(5) An initial review process must provide that the applicant or any other party to the review must not be accompanied by a legal practitioner, unless the person conducting the review considers that the applicant or other party would be at a significant disadvantage in the absence of a legal practitioner.\n\n\t8 Requirements for application for initial review\n\n(1) An initial review process must require an application to be in writing and to specify—\n\n(a) the action to which the application relates; and\n\n(b) the name and job title of the decision-maker or person who authorised or took the action; and\n\n(c) the basis of the employee's complaint against the action; and\n\n(d) the remedy sought, if any; and\n\n(e) the date on which the action was taken; and\n\n(f) the date the employee was notified of the action, or, if the employee was not notified, the date on which the employee first became aware of the action.\n\n(2) The review process must require an application by an employee to be lodged within a specified period after either of the following days, unless the public service body Head is satisfied that the circumstances justify acceptance of an application lodged after that period—\n\n(a) the day on which the employee was notified of the action to which the application relates; or\n\n(b) if the employee was not notified of the action, the day on which the employee became aware of the action.\n\n(3) The period specified under subregulation (2) must not be less than—\n\n(a) 7 days if the action to which the application relates is a proposed appointment or promotion; or\n\n(b) 28 days in any other case.\n\n\t9 Written notice of decisions\n\nAn initial review process must require the public service body Head to give the employee—\n\n(a) written notice of the following—\n\n(i) a decision of the public service body Head to refuse to conduct a review within a reasonable time after the decision is made;\n\n**Note**\n\nSee also regulation 7(4).\n\n(ii) a decision on a review within a reasonable time after the decision is made; and\n\n(b) a statement of reasons for a decision referred to in paragraph (a)(i) or (ii).\n\nPart 3—Commission reviews\n\nDivision 1—Application\n\n\t10 Application to the Commission for review of process of initial review\n\n(1) An employee who has been given a decision on an initial review may apply in writing to the Commission for review of the process for the initial review, if the employee considers that—\n\n(a) there was a significant deficiency in the process; or\n\n(b) the process contravened—\n\n(i) the Act; or\n\n(ii) these Regulations; or\n\n(iii) any standards issued under section 62 of the Act.\n\n(2) An application for review under subregulation (1) must be made within the period specified under subregulation (3), unless the Commission is satisfied that the circumstances justify acceptance of an application after that period.\n\n(3) The period is—\n\n(a) if the action to which the application relates is a proposed appointment or promotion, 7 days after the day on which the employee was notified of the decision of the initial review; and\n\n(b) in any other case, 28 days after the day on which the employee was notified of the decision of the initial review.\n\n\t11 Application to the Commission for review of failure to commence initial review\n\n(1) An employee may apply to the Commission for review of a failure by the public service body Head to commence an initial review if—\n\n(a) the employee applies for an initial review; and\n\n(b) the public service body Head fails to commence the initial review within 30 days after the day on which the public service body Head received the application.\n\n(2) An application must be made under subregulation (1) no later than 70 days after the day on which the public service body Head received the application for initial review unless the Commission is satisfied that the circumstances justify acceptance of the application after that time.\n\n\t12 Application to the Commission for review without an initial review\n\nDespite Part 2, an employee may apply to the Commission for a review of an action taken within the public service body that relates to the employee's employment if—\n\n(a) the employee alleges that the action constitutes victimisation or harassment of the employee for having made a previous application to the Commission for review; or\n\n(b) the employee alleges the public service body Head has personally taken the action or is the primary decision-maker.\n\nDivision 2—Review\n\n\t13 Conduct of reviews by the Commission\n\n(1) The Commission may appoint a person or body to conduct a review on behalf of the Commission.\n\n(2) A person or body appointed under subregulation (1) must be unconnected with the action, the initial review or any investigation concerning the action commenced prior to that person or body being appointed.\n\n(3) For the purposes of a review, the Commission may—\n\n(a) require the appropriate public service body Head to provide the Commission with information or documents; and\n\n(b) interview any employee in the public service body.\n\n(4) A review must be conducted—\n\n(a) subject to the requirements of procedural fairness; and\n\n(b) as quickly, and with as little formality, as a proper consideration of the matter allows.\n\n(5) An employee who has applied for a review (an ***applicant***) or any other party to a review must not be accompanied by a legal practitioner, unless the person conducting the review considers that the applicant or other party would be at a significant disadvantage in the absence of a legal practitioner.\n\n(6) The Commission may refuse to conduct a review if the Commission considers that—\n\n(a) the matter is frivolous, vexatious or lacking in substance; or\n\n(b) the applicant does not have sufficient personal interest; or\n\n(c) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding initiated under Division 2 of Part 8 of the **Equal Opportunity Act 2010**; or\n\n(d) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the **Equal Opportunity Act 2010**.\n\n(7) The Commission must give the applicant—\n\n(a) written notice of the following—\n\n(i) a decision to refuse to conduct a review under subregulation (6) within a reasonable time after the decision is made;\n\n(ii) a decision on a review within a reasonable time after the decision is made; and\n\n(b) a statement of reasons for a decision referred to in paragraph (a)(i) or (ii).\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Public Administration (Review of Actions) Regulations 2025, S.R. No. 142/2025 were made on 9 December 2025 by the Governor in Council under section 112 of the **Public Administration Act 2004**, No. 108/2004 and came into operation on 14 December 2025: regulation 3.\n\nThe Public Administration (Review of Actions) Regulations 2025 will sunset 10 years after the day of making on 9 December 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Public Administration (Review of Actions) Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 160/2015. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent due to the document containing only administrative metadata (version history, statutory rule number) rather than substantive legislative content. No amendments or scope evolution can be identified from the material provided."},"complexity_factors":["Insufficient substantive content provided — only metadata and version history visible, making full analysis impossible","Operates as subordinate legislation (regulations under a parent Act), requiring cross-referencing with the Public Administration Act to understand full effect","Administrative review procedures typically involve multi-stage processes with specific timeframes and standing requirements (who is entitled to apply)","Intersection with broader ACT administrative law framework, including potential overlap with ACAT (ACT Civil and Administrative Tribunal) jurisdiction","Complexity score is conservatively mid-range due to document incompleteness — actual regulations may be significantly more or less complex"],"plain_english_summary":"This regulation sets out how administrative actions by ACT government agencies and public servants can be formally reviewed, providing a procedural route to challenge decisions (for example employment or disciplinary matters). It affects ACT public servants, agencies handling reviews, and potentially members of the public impacted by agency decisions.\n\nNote: the supplied document is mainly a metadata shell, so the full procedural details and specific rights or obligations aren’t visible."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations appear consistent with their original intent under section 64 of the Public Administration Act 2004. They prescribe processes for reviewing employment-related actions in the public service, which aligns with the authorising provision. The 2025 version replaces the 2015 Regulations without apparent expansion beyond the statutory mandate."},"complexity_factors":["Multiple overlapping time limits (7 days, 28 days, 30 days, 70 days) that vary by complaint type","Nested conditional logic in regulation 7(4) and 13(6) listing four separate grounds for refusal","Cross-references to the Public Administration Act 2004 and Equal Opportunity Act 2010","Dual pathways with exceptions (general rule: internal first; exceptions: victimisation/harassment or Head personally involved)","Defined terms in regulation 5 that create circular definitions ('initial review' defined by reference to 'initial review process' and vice versa)","Procedural fairness requirements that import common law principles not explicitly defined in the text"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations create a two-tiered system for Victorian public servants to challenge workplace decisions they believe are unfair or unlawful.\n\n**Who it affects:**\n- **Public service employees** in Victoria who want to dispute employment-related actions (like promotions, appointments, or other workplace decisions)\n- **Public service body Heads** (senior managers) who must establish internal review processes\n- **The Commission** (the Victorian Public Sector Commission) which oversees the second tier of review\n\n**How it works:**\n\n**Step 1: Internal review (Part 2)**\n- Every government agency must set up an internal process for employees to complain about unfair or unlawful workplace actions\n- Employees must apply in writing within specific timeframes (7 days for promotion/appointment disputes, 28 days for everything else)\n- Reviews must be fair, quick, and informal\n- Heads can refuse to review frivolous claims, matters already in court, or issues better suited for tribunals\n- Generally, employees cannot bring lawyers unless they'd be at a \"significant disadvantage\" without one\n\n**Step 2: Commission review (Part 3)**\nIf unhappy with the internal process, employees can escalate to the Commission in three situations:\n- **Process complaints**: The internal review was flawed or broke the rules (apply within 7 or 28 days depending on the issue)\n- **Failure to start**: The agency ignored the internal application for 30 days (apply within 70 days of the original application)\n- **Skip straight to Commission**: For victimisation/harassment complaints, or when the agency Head personally made the decision\n\nThe Commission has similar powers to the internal process—can appoint independent reviewers, demand documents, interview staff, and must act fairly and quickly.\n\n**Why it matters:**\nThis replaces the 2015 Regulations and ensures public servants have accessible, low-cost ways to resolve workplace grievances without immediately resorting to expensive court action. It balances employee rights with administrative efficiency by requiring internal resolution first, with limited exceptions."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations expressly replace the 2015 instrument (reg 4) and set out processes for reviews of employment‑related actions for the purposes of section 64 of the Public Administration Act 2004 (reg 1). The text does not, on its face, expand or narrow the statutory purpose: it prescribes procedural requirements, time limits and review routes without adding new subject‑matter categories beyond employment actions covered by the Act."},"complexity_factors":["Multiple decision‑makers and reviewers: obligations on public service body Heads and the Commission to establish and conduct reviews (regs 6, 13)","Discretion to refuse reviews subject to listed grounds, creating case‑by‑case assessment and associated legal uncertainty (regs 7(4), 13(6))","Procedural constraints and exceptions: procedural fairness requirement combined with a general prohibition on legal representation except where significant disadvantage is found (regs 7(1)(a), 7(5), 13(4), 13(5))","Fixed time limits for lodging applications and for Commission review of failures to commence initial review, requiring administrative tracking (regs 8(2)–(3), 10(2)–(3), 11(2))","Requirement for reviewers to be 'unconnected' to the action or prior investigation, which raises appointment and conflict‑of‑interest administration (regs 7(2)–(3), 13(1)–(2))","Information‑gathering and interview powers for the Commission that impose document and staff cooperation obligations on agencies (reg 13(3))","Revocation of the 2015 Regulations and a 10‑year sunset, affecting regulatory continuity and future review of scope (reg 4; Endnotes)"],"plain_english_summary":"These Regulations require every public service body Head to establish a fast, informal internal review process for employment-related actions an employee considers unfair or inconsistent with the Public Administration Act or issued standards (regs 1, 6). They set application content and time limits, require procedural fairness, limit legal representation, allow refusal on specified grounds, and let employees apply to the Commission for a secondary review of process or non‑compliance. They affect public servants, agency Heads and the Commission by imposing administrative duties and appeal pathways."}},"importantCases":[],"_links":{"self":"/api/acts/public-administration-review-of-actions-regulations-2025","history":"/api/acts/public-administration-review-of-actions-regulations-2025/history","analysis":"/api/acts/public-administration-review-of-actions-regulations-2025/analysis","conflicts":"/api/acts/public-administration-review-of-actions-regulations-2025/conflicts","importantCases":"/api/acts/public-administration-review-of-actions-regulations-2025/important-cases","documents":"/api/acts/public-administration-review-of-actions-regulations-2025/documents"}}