Public Administration (Review of Actions) Regulations 2025
S.R. No. 142/2025
Version as at
14 December 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Revocation 1
5 Definitions 1
Part 2—Initial reviews 3
6 Establishment of initial review process 3
7 How an initial review process is to be conducted 3
8 Requirements for application for initial review 4
9 Written notice of decisions 5
Part 3—Commission reviews 7
Division 1—Application 7
10 Application to the Commission for review of process of initial review 7
11 Application to the Commission for review of failure to commence initial review 8
12 Application to the Commission for review without an initial review 8
Division 2—Review 9
13 Conduct of reviews by the Commission 9
═════════════
Endnotes 11
1 General information 11
2 Table of Amendments 13
3 Explanatory details 14
Version No.001
Public Administration (Review of Actions) Regulations 2025
S.R. No. 142/2025
Version as at
14 December 2025
Part 1—Preliminary
1 Objective
The 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.
2 Authorising provision
These Regulations are made under section 112 of the Public Administration Act 2004.
3 Commencement
These Regulations come into operation on 14 December 2025.
4 Revocation
The Public Administration (Review of Actions) Regulations 2015[1] are revoked.
5 Definitions
In these Regulations—
initial review means a review conducted in accordance with an initial review process;
initial reviewprocess means a process established under regulation 6 which conforms with the requirements under regulations 7, 8 and 9;
the Act means the Public Administration Act 2004.
Part 2—Initial reviews
6 Establishment of initial review process
Each 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—
(a) unfair; or
(b) inconsistent with—
(i) the Act; or
(ii) any standards issued under section 62 of the Act.
7 How an initial review process is to be conducted
(1) An initial review process—
(a) must be conducted subject to the requirements of procedural fairness; and
(b) may provide for mediation or conciliation of the application; and
(c) must provide that any review is conducted as quickly, and with as little formality, as a proper consideration of the matter allows.
(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.
(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.
(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—
(a) the matter is frivolous, vexatious or lacking in substance; or
(b) the applicant does not have sufficient personal interest; or
(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
(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.
(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.
8 Requirements for application for initial review
(1) An initial review process must require an application to be in writing and to specify—
(a) the action to which the application relates; and
(b) the name and job title of the decision-maker or person who authorised or took the action; and
(c) the basis of the employee's complaint against the action; and
(d) the remedy sought, if any; and
(e) the date on which the action was taken; and
(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.
(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—
(a) the day on which the employee was notified of the action to which the application relates; or
(b) if the employee was not notified of the action, the day on which the employee became aware of the action.
(3) The period specified under subregulation (2) must not be less than—
(a) 7 days if the action to which the application relates is a proposed appointment or promotion; or
(b) 28 days in any other case.
9 Written notice of decisions
An initial review process must require the public service body Head to give the employee—
(a) written notice of the following—
(i) a decision of the public service body Head to refuse to conduct a review within a reasonable time after the decision is made;
Note
See also regulation 7(4).
(ii) a decision on a review within a reasonable time after the decision is made; and
(b) a statement of reasons for a decision referred to in paragraph (a)(i) or (ii).
Part 3—Commission reviews
Division 1—Application
10 Application to the Commission for review of process of initial review
(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—
(a) there was a significant deficiency in the process; or
(b) the process contravened—
(i) the Act; or
(ii) these Regulations; or
(iii) any standards issued under section 62 of the Act.
(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.
(3) The period is—
(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
(b) in any other case, 28 days after the day on which the employee was notified of the decision of the initial review.
11 Application to the Commission for review of failure to commence initial review
(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—
(a) the employee applies for an initial review; and
(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.
(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.
12 Application to the Commission for review without an initial review
Despite 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—
(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
(b) the employee alleges the public service body Head has personally taken the action or is the primary decision-maker.
Division 2—Review
13 Conduct of reviews by the Commission
(1) The Commission may appoint a person or body to conduct a review on behalf of the Commission.
(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.
(3) For the purposes of a review, the Commission may—
(a) require the appropriate public service body Head to provide the Commission with information or documents; and
(b) interview any employee in the public service body.
(4) A review must be conducted—
(a) subject to the requirements of procedural fairness; and
(b) as quickly, and with as little formality, as a proper consideration of the matter allows.
(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.
(6) The Commission may refuse to conduct a review if the Commission considers that—
(a) the matter is frivolous, vexatious or lacking in substance; or
(b) the applicant does not have sufficient personal interest; or
(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
(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.
(7) The Commission must give the applicant—
(a) written notice of the following—
(i) a decision to refuse to conduct a review under subregulation (6) within a reasonable time after the decision is made;
(ii) a decision on a review within a reasonable time after the decision is made; and
(b) a statement of reasons for a decision referred to in paragraph (a)(i) or (ii).
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
The 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).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "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.
• Other material
Any 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).
2 Table of Amendments
There are no amendments made to the Public Administration (Review of Actions) Regulations 2025 by statutory rules, subordinate instruments and Acts.