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Merit selection complaints

The following processes outline the way aggrieved employees can seek a review of a merit selection decision.

The general panel process is outlined in

Public Sector Act, Education and Children’s Services Act section 121 and ancillary staff vacancies

Requests for internal and external reviews are limited to claims of serious irregularities in the selection process that may have affected the outcome of the process. These include:

  • the employee was not eligible for appointment 
  • the processes were affected by nepotism or patronage or were otherwise not properly based on assessment of the respective merits of the applicants
  • there was some other serious irregularity in the processes.

Non SA Government employees are not eligible to seek an internal or external review.

Eligible existing SA government employees may lodge a request for an internal review within 7 days after the day of being notified of the selection process outcome.

Existing Department for Education employees seeking to apply for an internal review can do so via the intranet application form (staff login required).

Other SA government employees should contact Employee Relations (Ethical conduct advisory) via education.ecu [at] sa.gov.au or 8226 1342.

Alternatively an eligible, aggrieved applicant has the option of seeking an external review of the selection process by applying directly to the South Australian Employment Tribunal within 7 days after the day of being notified of the selection process outcome.

School and preschool teaching and leadership vacancies

Internal reviews, where available, are only open to existing Department for Education employees. Information on available review avenues can be accessed via the intranet resolving complaints and requesting reviews page (staff login required).

A limited right of external appeal to the South Australian Employment Tribunal also exists for school and preschool based teachers concerned with the outcome of a selection process for a leadership vacancy. This appeal right is restricted to the first nominated applicant for a leadership vacancy where the nomination of the panel has not been accepted by the Chief Executive. See section 124(6) of the Education and Children's Services Act 2019.

Contact

Employee Relations (Ethical conduct advisory)

Phone: 8226 1342
Email: Education.ECU [at] sa.gov.au