3.1 What happens after an appeal is lodged?
As soon as practicable after each appeal is lodged, the PRSB notifies the Appellants and the Selectee(s) (within office hours) by email and sends the Practice Direction and a link to this Guide to all parties.
After the appeal period closes, PRSB notifies the TPU.
The President allocates members of the PRSB Review Division to hear each appeal. The hearing list is published online by 4pm Monday after the appeal period has closed and shows the time, date, the PRSB Member who will hear the appeal, and whether the appeal will be heard in-person or by Teams.
A copy of the relevant Selection File is emailed to each Appellant, Selectee and CCR, usually by the Thursday before the appeal hearing.
3.2 How will I know if my selection has been appealed?
The closing time for the lodgement of appeals is midnight on the first Thursday after the publication of the selection in The Gazette (on the Monday). If there is a public holiday that week, lodgement closes midnight Friday.
The PRSB Secretary will email you as soon as practicable (within office hours) after an appeal is lodged. If you are not at work and have an out-of-office email message with alternative contact details, the PRSB Secretary will attempt to telephone you or email you as advised.
3.3 My selection has been appealed. What do I need to do?
While you might feel disappointed or concerned, it is important to remember that appeals are ‘part and parcel’ of the promotion and transfer process. Similar appeal processes exist in most other Australian policing jurisdictions.
If your selection is appealed, the PRSB will email you, provide the current Practice Direction and a link to this Guide, and advise the next steps. Read those documents thoroughly to help you prepare.
3.4 When will my appeal be heard?
The PRSB must hear and determine the appeal within five business days of the selection file being lodged.
In practice, this means appeals are typically heard on either the Monday or Tuesday of the fortnight following the selection being published in The Gazette and a decision is usually given by Friday of that week. (See Timelines for Appeals | Police Registration & Services Board Victoria (prsb.vic.gov.au) (External link)
If a public holiday falls on a Monday or Tuesday, or there is large number of appeals, appeals may be heard later in the week, and decisions may be given early the week after.
The strict timelines required by the Act mean that the PRSB cannot always schedule hearings to accommodate the parties’ other commitments. Please consider your work, training and other commitments in the appeal period, and plan ahead.
You can request to participate in an appeal by Teams by emailing review@prsb.vic.gov.au (External link).
The Practice Direction requires that each Appellant and Selectee must provide the PRSB with a written submission, addressing the applicable questions for the rank of the position set out in the Direction.
For inspector positions, the PRSB will advise you by email of the questions for the written submission.
The submission is due by 12 noon on the second Friday after appeals close (8 days from close of appeals).
You may seek an extension of time by email or telephone to lodge a late written submission. Please explain why you are seeking an extension (for example, illness, bereavement, critical incidents etc).
The submission is to be a maximum total page limit of one page (constable/senior constable) or one to a maximum of two pages (sergeant, senior sergeant and inspector).
Use 11-point font and standard margins. Include a heading (name, VP number, position under appeal, PRSB reference (e.g. “A 21/2022”). Failure to comply with these formatting instructions may result in the rejection of your submission.
PRSB encourages the use of headings, bullet points and numbered paragraphs.
By lodging your written submission, you are formally declaring the submission is: true and accurate; based on your own personal experience and reflections; and that you are the sole author.
The questions may change, so make sure you are using the current version of the Practice Direction.
Your written submission will be used to determine your efficiency, along with all the information in the selection file and your performance in the appeal hearing.
PRSB will forward copies of your written submission to the other parties and the CCR.
3.6 Referee reports for Appellants who were not short-listed
The TPU obtains a referee report from a current or recent supervisor nominated by each short-listed candidate. Referee reports are part of the Panel’s assessment of efficiency and are used to verify information given by candidates and as a final vetting process to ensure suitability for the position.
The PRSB allows Appellants who were not interviewed to also have a referee report considered. The referee must be nominated on the Notice of Appeal (VP form 1047). The referee must be a current or recent supervisor with substantial time supervising you. The onus is on the Appellant to make sure the referee is available.
The PRSB will contact the referee and request a report in a form provided, which is returned directly to the PRSB by a specified date (usually noon on the Friday before the hearing). If a referee report is not provided in that timeframe, the PRSB may decide the appeal without it.
Consistent with TPU and PRSB practice, referee reports will not be provided to any of the parties, unless the PRSB Member considers it necessary. For example, as a matter of procedural fairness, the relevant party may be permitted to respond to adverse comments.
If a Referee Report includes significant information (for example, adverse comments relating to a person’s capacity for the position) the PRSB Member will provide that person with an opportunity to respond.
The TPU coordinates representation of the Chief Commissioner. The Delegate (the person who authorises the transfer or promotion selection) nominates who will be the Chief Commissioner’s Representative (CCR). Unless there are unusual issues, this is usually the Local Panel Representative (LPR), another panel member, or the Delegate.
The CCR’s participation is usually by Teams but be in person if required. On Teams the CCR may turn their camera off and place themselves on mute when not required to speak.
The CCR assists the PRSB Member with any questions about the position, location or selection process. It is valuable for the local manager to hear the appeal to understand the experiences and claims of the candidates.
The role of the CCR is to:
- assist the PRSB by answering questions about the Position Profile, the duties and needs of the position, the local area and the selection process
- check that Appellants hold the required qualifications, meet any specified eligibility or time-in-position requirements for the position and if not, to make submissions
- provide (or facilitate) the provision of information and submissions on behalf of the Chief Commissioner, where there are matters relating to probity/conduct of any Appellant or Selectee (arising from ROCSID Reports, Referee Reports or otherwise) or on procedural matters
- raise any relevant issues concerning the security of information relating to the position, the selection or the holding of hearings in public (such as for covert positions)
- alert the PRSB about any inaccurate or misleading information provided by any party in the appeal.
The PRSB notifies Appellants and Selectees by email about the hearing date, time and the PRSB Member hearing the appeal. The hearing list (External link) is published on the PRSB website by 4pm on Monday (a week after publication of the selection in The Gazette.)
The TPU contacts the delegate to let them know about the appeal. The delegate will nominate who will be the Chief Commissioner’s representative (CCR). The PRSB Secretary will notify the CCR of the hearing date and time. If a CCR becomes unavailable, they should contact the TPU and also advise the PRSB.
All PRSB communications are sent to your Victoria Police email address. If you are not going to be at work during the appeal period, please include alternative contact details on the appeal form or phone or email to advise the PRSB Secretary of an alternative email address and telephone number.
Due to the strict timeframes, if you are already away at the time the appeal is lodged, the PRSB Secretary will contact you according to instructions in your out-of-office email message.
Yes. Contact the TPU to arrange to submit your application. Your new application will only progress if the appeal against your selection is allowed (see Regulation 15).
You can withdraw an appeal at any time before the decision is given by notifying the PRSB Secretary in writing (by email). The withdrawn appeal still counts towards your maximum of four appeals in a financial year.
You are encouraged to review the selection file and consider if you have a reasonable prospect of winning your appeal. If you decide to withdraw it is appreciated if you do so promptly to minimise inconvenience to others.
3.12 What documents will I receive in the selection file?
PRSB will provide the Appellants, Selectees and the CCR with a copy of the Selection File by the Thursday before the appeal hearing.
You may print the documents if you wish. The documents are however confidential, (security classification OFFICIAL: Sensitive) must not be distributed and must only be used only for the purpose of preparing for and participating in the appeal.
The following documents from the Selection File are provided to Appellants , Selectees and CCR:
- Position Description: Sets-out the qualifications, eligibility, time-in-position requirements and Key Selection Criteria (KSC).
- Position Profile: Prepared by the local manager and describes the local environment; any specific needs or challenges for the position; and the experience and attributes of the desired candidate.
- Selection Panel Report: Includes the reasons for the selection decision; the interview questions, panel comments and scoring; and short-listing scoring.
- The Gazette: Refers to the advertisement and publication dates of the relevant selection(s).
- KSC Submission Form: Includes applicant details; career overview; education, qualifications and professional development; claims to being best suited to the position; three KSC responses, and a validation and declaration section.
- Seniority Report (which is only considered if candidates are found to be of ‘equal efficiency’.)
The PRSB Member is also provided with the following documents, which are treated as confidential:
- Referee Reports
Referee reports are considered by the Panel for each short-listed (interviewed) party and are included in the Selection File provided to the PRSB.
A referee report is also obtained by the PRSB for any Appellant who was not interviewed (see 3.6 of this Guide and the Practice Note) and is provided by the PRSB to the CCR.
Referee reports are treated as confidential and will not be provided to any of the appellants or selectees, unless the PRSB Member considers it necessary as a matter of procedural fairness. For example, if a Referee Report includes adverse comments relating to a person’s suitability, the PRSB Member will provide the person with an opportunity to respond.
- Register of Complaints, Serious Incidents and Discipline (ROCSID) Reports
'Good conduct' is part of the definition of ‘efficiency’. This means a party’s record of discipline or complaints and compliments is relevant to the initial selection decision and to the appeal.
The Panel reviews ROCSID reports for all interviewed candidates. Each person interviewed is given their own ROCSID report prior to the interview and is invited by the Panel to respond to relevant matters. The ROCSID reports for each short-listed (interviewed) party are included in the Selection File.
A ROCSID report is also obtained by the PRSB for any Appellant who was not interviewed. This is sent to that Appellant and the CCR by separate email. The Appellant is requested to consider its contents and if necessary, correct any errors.
The CCR is requested to consider the ROCSID report and make any relevant submissions. (See part 4.14 of this Guide).
For privacy reasons, ROCSID reports are not provided to the other Appellants or Selectees.