Tasmanian Industrial Commission

GUIDANCE NOTES

LODGEMENT OF A SELECTION REVIEW

Review of Selection Decisions in accordance with section 50(1)(a) of the Act

This information may assist State Service employees in deciding whether to proceed with an application for a review of a selection decision. Please note that this process will only apply to those people employed under the State Service Act 2000 (the Act). Should you require further information please contact Tasmanian Industrial Commission (TIC) staff on (03) 616 56770 or via the details listed at the bottom of this page.

Right of Review

Tasmanian State Servants have the right to lodge a selection review with the Tasmanian Industrial Commission under section 50(1)(a) of the State Service Act, provided that:
1.	The employee making the application was an applicant for the vacancy to which the appointment or promotion relates; and
2.	The selection of a person relates to the vacancy other than those to be performed for a specified term or for the duration of a specified task (i.e. the duties are permanent, not fixed-term). 

Tasmanian Industrial Commission – Procedures for the Conduct of State Service Review of Actions further sets out the process relating to the lodgement of a Selection Review, and should be read in conjunction with these Guidance notes.

Grounds for a Selection Review

State Service employees may lodge a Selection Review on the grounds of a flawed selection process, superior merit to the person nominated for the duties, or both. Where grounds of flawed process and superior merit are both addressed, each argument must be clearly identified.

Before Lodging a Review

Unsuccessful applicants considering lodgement of a “Notice of Intention to lodge an Application for Review of a Selection” (Form SSA1), should seek post-selection feedback/counselling from a member of the selection panel (preferably the Chairperson) in order to determine the reasons for their non-selection. During feedback/counselling the unsuccessful applicant should be given reasons as to why the nominee was regarded as having superior merit. 

 The unsuccessful applicant should also request access to the selection report comments regarding the nominee and the relevant information from the nominee’s application, including any referee reports. Access to this documentation would normally be obtained through the Chairperson of the selection panel or from their Human Resources area. Access to this documentation should be routinely available to an applicant and is often provided through post-selection feedback. The unsuccessful applicant is also able to have access to the selection report comments about themselves, including referee comments.

Following post-selection feedback, and access to appropriate documentation from the selection process, an unsuccessful applicant should be in a position to make an informed decision on whether to proceed with the lodgement of an application for selection review. If their decision is to proceed, access to appropriate documentation also assists applicants in preparing their supporting statement based on objective evidence from the original selection process. 

The Process of Lodging a Selection Review

If an unsuccessful applicant intends to lodge an application for a review of a selection in accordance with Section 50(1)(a) of the Act, they must first submit a “Notice of Intention to Lodge an Application for Review of a Selection ” (Form SSA1) to the Tasmanian Industrial Commission , within 7 calendar days (excluding public holidays) after the date appearing on the written advice to the employee of the selection. Only an employee who submits a Form SSA1 application will be entitled to lodge a formal selection review. No approval will be given to extend the 7 calendar day period. 

In the event that the Tasmanian Industrial Commission does not advise an Agency that a “Notice of Intention to Lodge an Application for Review of a Selection” (Form SSA1) has been received within the 7 calendar days (excluding public holidays), the Agency may finalise that selection. 

In order to proceed with the review, a formal “Application for Review of a Selection” (Form SSA2) must be submitted to the Tasmanian Industrial Commission, within 14 calendar days (excluding public holidays) after the date appearing on the advice to the employee of the selection, together with a supporting statement containing particulars of the circumstances giving rise to the review. The supporting statement must be in sufficient detail to enable the Agency (the respondent) to provide the TIC with a response to the issues raised by the applicant. Applications must relate to issues around selection process, a claim of superior merit or both.

Form SSA1 and Form SSA2 may be downloaded from the TIC website. Please note that a “Notice of Intention to Lodge an Application for Review of a Selection” (Form SSA1) and the “Application for Review of a Selection” (Form SSA2) can be submitted via email, via post or fax, or hand delivered to the TIC. 

Applicants should note that the information supplied with their application will be made available to the agency and the person nominated for the vacancy.

The “Application for Review of a Selection” (Form SSA2) must be accompanied by supporting documentation based on evidence from the original selection process (no new information is able to be introduced at this time). The review statement should be clear, concise and accurate. The onus is on the applicant to present the basis for their case and substantiate their claims – i.e. the onus of persuasion is on the applicant. 

There is no particular format for the presentation of the applicant’s case. The onus is on the applicant to outline, in a single application, the basis for seeking the review. Please refer to ‘Before Lodging a Review’ above and the TIC’s s ‘Post Selection Feedback Guidance Notes’ for additional information. 

If requested by the nominee, the TIC expects the Agency to provide the nominee with access to similar documentation relating to the review applicant, so that the nominee is able to prepare their nominee statement if they choose to do so. 

After Lodgement of a Selection Review

Once a full application (Form SSA2) has been received by the TIC, a copy of the application will be sent to the Agency and to the nominee, seeking a response within 14 days. The applicant will receive a copy of any response from the agency or the nominee. Once this has been received a conference will be called between the parties, to discuss the matters raised in the application to see if an agreed outcome can be reached. This is an opportunity for parties to attempt to resolve issues prior to proceeding to a formal hearing.

The applicant and the nominee (should the latter choose to attend) are entitled to bring a support person to the conference and/or hearing. This may be a union representative, family member or a friend and this person may speak on the applicant’s behalf. Special leave must be sought from the TIC to have legal representation by either party. 

Should the matter proceed to a formal hearing all parties will be advised of the hearing date. The applicant and Agency representatives must attend the hearing whilst the nominee may choose to participate or not.  

Determination of the Selection Review
The TIC will make a decision based on the information provided by all parties during the hearing. This will be communicated to the applicant and the relevant Agency as soon as practicable after the hearing with the determination being final and binding on both parties.

The outcome of any selection review will be dependent upon the circumstances of each individual case. However, possible outcomes include:

•	The application being upheld and the Agency being requested to undertake the selection process again in accordance with section 39 of the Act and undertake such other requirements as are imposed by the TIC ; or
•	The application being dismissed and a direction for the selection process to be finalised by the Agency.

Please note that in a review of selection decision that finds in favour of the applicant (i.e. the selection process was found to be flawed or the applicant was able to prove superior merit) that decision will NOT result in the applicant being appointed to the vacancy in question but rather the Agency will be required to undertake the selection process again if that vacancy still exists.

Discontinuing the Review Process

Where an “Application for Review of a Selection” (Form SSA2) has not been lodged within the 14 calendar day timeframe, any previously submitted "Notice of Intention to Lodge an Application for Review of a Selection" (Form SSA1) will lapse. 

Where an unsuccessful applicant has submitted a notification of their intention to lodge a selection review and does NOT intend to proceed with a formal review, they should inform the TIC as soon as practicable. 

Where an applicant has proceeded to lodge an “Application for Review of a Selection” (Form SSA2) and they decide not to proceed, they must lodge a “Request for Discontinuation of Any Review of State Service Action” (Form SSA4) with the TIC. This form can be downloaded from the TIC website.

Further Information and Enquiries

Further information, including a copy of this information sheet, is available on the TIC website at http://www.tic.gov.au or by contacting the TIC via the details listed below.  

Tasmanian Industrial Commission 
Level 2/144 Macquarie Street
HOBART   TAS   7000

Postal Address:
GPO Box 1108 
HOBART   TAS   7001
AUSTRALIA

Ph: (03) 616 56770 
Email: tic@justice.tas.gov.au