Reviews of an employment limitation
An interim employment limitation is subject to review at least quarterly by the Conduct and Integrity (CID) executives. At each review, the reviewers will consider whether the limitation is still required to manage the risk for which it was put in place.
A person subject to an interim employment limitation can write to the Child Safety Compliance and Operations, Conduct and Integrity Division team at csco@education.vic.gov.au to request that the limitation be varied or lifted.
Decisions regarding the removal or variation of an interim employment limitation are made by CID executives. An interim employment limitation can be removed at any time by the CID executives.
In some circumstances an interim employment limitation may be replaced with an ongoing employment limitation, for example, if allegations are substantiated at the conclusion of an investigation.
If a decision is made to remove an interim employment limitation, or to replace it with an ongoing employment limitation, the affected person will be notified via email (if known) and/or via letter to their last known address.
Process for review of employment limitation
Internal review
Decisions regarding the removal or variation of an employment limitation are made by the department’s Deputy Secretary, Schools and Regional Services, Deputy Secretary, Early Childhood Education or the Executive Director, Schools Human Resources Division.
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, CID.
A person subject to an ongoing employment limitation can apply for a review of the limitation by writing to the department’s CID at csco@education.vic.gov.au. The application for review of the limitation should be supported by the provision of the names and contact details (phone and email addresses) of at least 3 referees. If the applicant is seeking school-based or Early Learning Victoria (ELV) centre engagement or employment, one of the referees should be a school principal or nominated supervisor if possible.
Referees may include 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 and/or performance engaged in by the applicant.
Referees will be contacted 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 requested under the Freedom of Information Act 1982 or court order.
The applicant may also submit a statement and/or written submissions on their own behalf. The applicant should 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 that the applicant can now demonstrate competent performance or is now medically fit for duty.
The reviewer will consider the nature and seriousness of the conduct or performance that led to the imposition of the employment limitation, the length of time since the limitation was imposed, and any other relevant issues/information (including that provided by the applicant and/or their referees).
Once the information has been reviewed and considered by the department, the applicant will be notified in writing of the outcome of the review.
There are 3 possible outcomes of the internal review:
- removal of the employment limitation
- variation of the employment limitation. For example, a teacher previously subject to a full employment limitation may be permitted to undertake casual relief teaching or fixed term employment
- maintenance of the employment limitation.
If the decision is not the outcome sought by the applicant, the applicant will be advised of the process for further review. If the employment limitation is maintained or varied, the applicant may request a further internal review at a later date. When determining whether to undertake a further review, a relevant decision maker within the department will assess:
- whether a reasonable period of time has passed
- whether and when any previous applications for review have been made
- whether the applicant has any new relevant information
External review
External review procedures in Part 5 of Ministerial Order 1388 (for teaching service) and Ministerial Order 1389 (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 Board (MPB).
Information about review procedures for Victorian Public Service (VPS) employees can be found in the Review of Action Guide – Public Service (staff login and for ELV employees can be found in the Review of Action – Personal Grievance for ELV on the department’s intranet.
In accordance with Part 5 of Ministerial Orders 1388 and 1389, the only ground for review of an employment limitation internal review decision is that there was a significant deficiency in the process.
Reviewed 11 June 2025