education.vic.gov.au

Review of an employment limitation

Internal review

Decisions regarding the removal or variation of an employment limitation are made by the Department’s Executive Director, Human Resources.

A review may be initiated by an application from a person subject to an employment limitation, or may be initiated at the discretion of the Executive Director, Human Resources or the Manager, Employee Conduct Branch.

Persons seeking a review should make a request in writing, addressed to:

The Executive Director
People Division
Department of Education and Training
GPO Box 4367
Melbourne 3001

The request should be supported by the provision of the names and mailing addresses of at least 3 referees. If the applicant is seeking school based employment, 1 of the referees should be a school principal if possible.

Referees may be employers in the non-government school sector, persons who have employed the applicant on a voluntary basis, or anyone who can comment on a position of responsibility held by the applicant.

Referees will be contacted in writing by the Department, and requested to provide a confidential reference in relation to the person’s professional performance and conduct.

Copies of the confidential references will not be made available to the applicant. However, they may be released pursuant to a Freedom of Information request or court order.

The applicant may also submit a statement and, or written submissions on their own behalf. The applicant does not collect or provide professional references and the Department may not consider such references.

The fundamental issue that will be considered by the reviewer is whether the applicant can demonstrate that the conduct that led to the application of the employment limitation is no longer of concern or can now demonstrate competent performance, or is now medically fit for duty.

The reviewer will consider the nature and seriousness of the conduct that lead to the application of the employment limitation, the length of time since the conduct occurred and any other relevant issues.

Once the information has been reviewed and considered by the Department, the applicant will be notified of the outcome of the review. If the decision is not the outcome sought by the applicant, the applicant will be advised of the process for further review.

There are 3 possible outcomes of the internal review:

  1. removal of the employment limitation
  2. 'downgrading' of the employment limitation. For example, a teacher previously subject to a 'do not employ' employment limitation may be permitted to undertake casual relief teaching or fixed term employment
  3. continuing application of the employment limitation

If the employment limitation is not removed, or is downgraded, the applicant may request a further internal review at a later date.

External review

External review procedures in Part 5 of Ministerial Order 1038External Link (for Teaching Service) and Ministerial Order 1039External Link (for school council employees) provide that an employee, other than a casual employee, may lodge an application for a personal grievance in writing with the Senior Chairperson of the Merit Protection Boards (MPB). External review procedures for Victorian Public Service (VPS) employees can be found on the Grievances — Teaching Service page on the Schools Policy and Advisory Library.

The only ground for review of an employment limitation internal review decision is that there was a significant deficiency in the process.

Chapter of the Employment Limitation Policy explaining how to apply for removal or variation of an employment limitation

Reviewed 09 June 2020

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