About the hearing

The decision to hold an appeal in person or by Teams will be made by the President, after considering:

• the number of parties
• the location of the parties, and the inconvenience and impost of travel to Melbourne
• availability and location of PRSB Members
• whether the appeal raises unusual or complex matters
• any request that the appeal be heard using Teams

Currently, most appeals are heard using Teams, which has proved to be effective and efficient.

You may request a Teams hearing at any time by emailing review@prsb.vic.gov.au (External link) (for example, if you have to self-isolate due to COVID, are on afternoon or night shift, on leave, or have caring commitments.) 

The PRSB Hearing Room is equipped for high quality Teams meetings. If you are required to make a last minute request to attend by Teams this can be facilitated without impacting the fairness of the appeal hearing.

Please note the PRSB office does not offer wheelchair accessible toilets (they are inside a stairwell). If you require accessible facilities, please request a Teams hearing.

CCRs will always attend Teams unless there are special reasons for attending in person (for example, submissions about eligibility or conduct/probity).

If you are rostered for duty, speak to your supervisor as soon as possible about arrangements for your attendance.

If you are on afternoon or night-shift, you are encouraged to request a hearing by Teams, to help manage fatigue. It is important you do not drive when tired and that you are adequately rested before your next shift. Before the appeal is listed, you can express a preference for the appeal to be heard on either Monday or Tuesday, or in the morning or afternoon, by emailing the PRSB Secretary. The PRSB will try to accommodate such requests. 

If you are the Appellant and cannot attend an appeal hearing for which reasonable notice has been given, whether in person or by Teams, the Act provides you may either: elect to either withdraw the appeal, or have it determined in your absence. If you fail to make an election, the Board may hear and determine the appeal in your absence. (See s.145(4) and (5) of the Act).

If you are the Selectee, and an unforeseen event (such as illness, emergency, bereavement) prevents your participation, please call or email the PRSB Secretary as soon as possible. You can:

• Ask for the appeal be re-scheduled, or changed from an in-person hearing to Teams
• Ask to make a written submission instead of appearing

Please note that due to the strict timelines in the Act, and the importance of vacant positions being filled promptly, the PRSB will not defer the appeal because you are on planned leave or training.  Please consider the possibility of an appeal when making such arrangements.

The President allocates PRSB Members to hear and determine each appeal, usually to a single Member of the PRSB Review Division, sitting alone. For senior or specialist positions, complex or multi-party matters or for training of PRSB Members, an appeal may be heard by two Members, at least one of whom is the President or Deputy President. (s.143). 

The PRSB Member hearing the appeal will make sure they do not have any conflict of interest. The hearing list is published online and shows which PRSB Member has been allocated to your appeal. This may be subject to late change for example, due to illness.

The Chief Commissioner is entitled to be represented in the appeal by any person other than a legal practitioner (s.158).  A legal practitioner means any person who is admitted to legal practice, whether they hold a current legal practising certificate or not.

Appellants and Selectees cannot be represented by any other person (s.158(1)).

In-person hearings are held at the PRSB office at Level 6, 155 Queen Street Melbourne (corner of Bourke Street). There is a waiting area and adjoining conference room that you may use.

Appellants, Selectees and CCRs will be sent a Teams meeting invitation with a link to the appeal hearing and instructions.

Please make sure you have access to a working computer (with microphone and camera) and a reliable internet connection. Find a private space to participate, where you won’t be distracted. Check the lighting and camera angle.  You may wish to consider using a screen wallpaper or blurring the background.

You don’t need to be in uniform: neat workplace attire is appropriate.

Have the appeal documents with you (printed or able to be read on a screen) and a pen and paper.

Please join the Teams meeting at the allotted time. Keep your phone close by in case of technology issues.

The PRSB Secretary will admit parties and any observers then the PRSB Member hearing your appeal. Observers will be ‘on mute’ with cameras off.

Make sure your microphone and camera are on, then follow the PRSB Member’s instructions.

If you need any assistance to use Teams, please contact the PRSB prior to your hearing day.

No. You are not permitted to record the hearing but you may take notes. Failure to comply with this direction may be in contempt of the PRSB (s.162). The PRSB may record in person or Teams hearings for its own use in writing the decision.  The recording will not be retained or distributed.

Hearings usually take between 45 to 90 minutes but may take longer if there are unusual issues or several Appellants and Selectees.

No, you do not need to attend in uniform. Neat workplace attire is entirely appropriate.

If your hearing is in person consider attending in ‘plain clothes’, so you do not need to attend your workplace first or carry operational equipment.   

Members attending in uniform with operational equipment must present to PRSB reception on arrival. You will not be disadvantaged regardless of your choice of dress code.

The PRSB office does not have accessible toilets (they are in a stairwell). If you require accessible facilities, please contact the PRSB Secretary when you are notified of the appeal to request a Teams hearing.

All appeals must be held in public, meaning observers are allowed, unless the PRSB Member orders the hearing (or part of it) to be closed (s.157).

The hearing might be closed if the position is sensitive (e.g. a covert position) or if there is to be a discussion of a sensitive matter (such as a security issue, a probity or personal health issue, or a matter affecting another person’s privacy). You can ask the PRSB Member to close the hearing at any time.

The appeals hearing list is published at www.prsb.vic.gov.au (External link) and is subject to change.

Any person wishing to observe an appeal in person can attend at the PRSB premises, provided they meet entry requirements to Victoria Police premises (for example, vaccination status). 

Any person wishing to observe an appeal being conducted on Teams can do so by requesting the PRSB send a meeting invitation.  They may observe the Teams hearing with microphone and camera off.

Police officers who are not parties and who are on duty who wish to attend in support of a colleague are required to seek approval from their local management.

Yes, however if you are on duty you will need to obtain approval from your supervisor.

Find the latest hearing list at Appeal hearing list | Police Registration & Services Board Victoria (prsb.vic.gov.au) (External link). The list is subject to change without notice, including changing appeals from in-person to Teams, or the reverse. To avoid disappointment, anyone planning to observe a hearing should check the website as close as possible to the scheduled time.

There may not be any appeals in a given fortnight.

If the hearing you wish to attend is being heard on Teams, please email review@prsb.vic.gov.au (External link) with the time and date of the appeal and you will be sent a meeting invitation. When observing an appeal on Teams please ensure your microphone is on mute and your camera is off.

Appeal decisions are not published. Sample decisions are available at www.prsb.vic.gov.au (External link) . Remember that every position and appeal is different with different questions asked, so do not rely too much on the sample decision.

The Selection Panel is provided with summary probity reports of short-listed candidates using the Register of Complaints, Serious Incidents and Discipline (ROCSID). This information helps the panel to assess ‘good conduct’, which is part of the test of ‘efficiency.’

Short-listed candidates are provided with their own ROCSID report prior to the panel interview to review it for accuracy and provide explanations or comments on any matters.

Before approval by the Delegate, a further check for any current investigations is undertaken of the preferred candidate. For high-risk positions, a more detailed form of probity check is also undertaken.

The PRSB receives the ROCSID reports for those parties who were short-listed (interviewed), in the Selection File. Because the PRSB could overturn the selection, PRSB also obtains a ROCSID report for any Appellant who was not short-listed. The PRSB emails any such report to the relevant Appellant and to the CCR before the appeal, so they can consider it, correct any errors and make relevant submissions.

For privacy reasons, ROCSID reports are not provided to the other parties (Appellants, Selectees).  They are provided to the CCR.

Generally, unless a submission is made on behalf of the Chief Commissioner, the PRSB gives no weight to any discipline allegation which has been found not proven.

If there is anything adverse in a ROCSID report, the PRSB Member may close the hearing and will provide an opportunity for the relevant person to explain the matter.

The CCR will remain present for this part of the hearing and will be asked for their views on the relevance of the information.  The CCR may make a submission and submit information about any party’s record of ‘good conduct’ or concern about the person’s suitability for the position or rank based on a discipline matter, a high number of complaints, or a yet to be finalised discipline matter or complaint.

The PRSB Member may seek further information, documents or decisions from Professional Standards Command or refer to previous PRSB decisions.

If you’ve had a discipline matter, it’s not necessarily the end of your advancement opportunities. Many good people have made mistakes and have gone on to have great careers.

 The PRSB Member will ask you about the matter and will be looking for you to show how you have reflected upon and learned from it.