sec.562ACommission may decide not to hear particular public service appeals

### sec.562A Commission may decide not to hear particular public service appeals The commission may decide it will only hear an appeal against a directive decision, a fair treatment decision or a transfer decision under the Public Sector Act 2022 if the commission is satisfied— the appellant has used the procedures required to be used by the employee in relation to the decision under a directive under that Act, including a directive made under section 110 of that Act; and for a fair treatment decision under the Public Sector Act 2022 —it would not be unreasonable to require the appellant to comply with the procedures mentioned in paragraph (a) . The commission may decide it will only hear an appeal against a promotion decision under the Public Sector Act 2022 if the commission is satisfied, by oral or written submissions, that the appellant has an arguable case for the appeal. The commission may decide it will not hear a public service appeal against a decision if— the appellant has made an application to a court or tribunal relating to the decision, whether or not the application has been fully decided; or the commission reasonably believes, after asking the appellant to establish by oral or written submissions that the appellant has an arguable case for the appeal, that the appeal— is frivolous or vexatious; or is misconceived or lacks substance; or should not be heard for another compelling reason. s 562A ins 2020 No. 35 s 11 amd 2022 No. 34 s 365 sch 3 (sec.562A-ssec.1) The commission may decide it will only hear an appeal against a directive decision, a fair treatment decision or a transfer decision under the Public Sector Act 2022 if the commission is satisfied— the appellant has used the procedures required to be used by the employee in relation to the decision under a directive under that Act, including a directive made under section 110 of that Act; and for a fair treatment decision under the Public Sector Act 2022 —it would not be unreasonable to require the appellant to comply with the procedures mentioned in paragraph (a) . (sec.562A-ssec.2) The commission may decide it will only hear an appeal against a promotion decision under the Public Sector Act 2022 if the commission is satisfied, by oral or written submissions, that the appellant has an arguable case for the appeal. (sec.562A-ssec.3) The commission may decide it will not hear a public service appeal against a decision if— the appellant has made an application to a court or tribunal relating to the decision, whether or not the application has been fully decided; or the commission reasonably believes, after asking the appellant to establish by oral or written submissions that the appellant has an arguable case for the appeal, that the appeal— is frivolous or vexatious; or is misconceived or lacks substance; or should not be heard for another compelling reason. - (a) the appellant has used the procedures required to be used by the employee in relation to the decision under a directive under that Act, including a directive made under section 110 of that Act; and - (b) for a fair treatment decision under the Public Sector Act 2022 —it would not be unreasonable to require the appellant to comply with the procedures mentioned in paragraph (a) . - (a) the appellant has made an application to a court or tribunal relating to the decision, whether or not the application has been fully decided; or - (b) the commission reasonably believes, after asking the appellant to establish by oral or written submissions that the appellant has an arguable case for the appeal, that the appeal— (i) is frivolous or vexatious; or (ii) is misconceived or lacks substance; or (iii) should not be heard for another compelling reason. - (i) is frivolous or vexatious; or - (ii) is misconceived or lacks substance; or - (iii) should not be heard for another compelling reason. - (i) is frivolous or vexatious; or - (ii) is misconceived or lacks substance; or - (iii) should not be heard for another compelling reason.