73. Review of decision

73.1.    A staff member may seek a review of decision made in relation to their employment at the University. A review of decision is limited to decisions concerning the following employment matters under this Agreement:

1. termination of employment for reasons of:
   1. unremediated unsatisfactory performance;
   2. serious misconduct;
   3. serious research misconduct;
   4. redundancy; 
   5. annulment of probationary employment; or
   6. due to ill-health in accordance with clause 55;
2. disciplinary action in the form of demotion or serious misconduct, on the grounds that procedural fairness was not applied;
3. suitability of a redeployment transfer decision, in accordance with clause 56.8, on the basis that the decision will have a detrimental impact on career standing; or
4. other circumstances as may be determined from time to time by the University.

Definitions

73.2.    Representative means a person nominated by either the staff member or the Director – Human Resources to represent them, but does not mean a practising barrister or solicitor.
Parties means the University and the staff member.
Days means working days.

Principles for review of decisions and terms of reference

73.3.    The Review Committee will apply the principles of natural justice, and the terms of reference will take into account whether or not the staff member was given a fair go all round.

73.4.    In all cases, the terms of reference will be the consideration of whether: 

1. the University followed the procedures which were applicable to the original decision; 
2. there is sufficient evidence to support the original finding and/or decision;
3. and, where relevant:
   1. whether any proposed disciplinary action was in proportion to the findings of the original decision making process ;
   2. whether discrimination or victimization influenced the original decision making process; and 
   3. in the case of redundancies, whether the University used fair and objective criteria to determine which position(s) was/were declared excess to requirements.

Commencing a review

73.5.    A staff member requesting a review must submit a written request to the Director – Human Resources:

1. within five days (except for academic staff redundancy where 10 days applies) from the date of notification of a decision made under clause 73.1, and 
2. outline their reasons in accordance with the terms of reference (clause 73.4).

73.6.    Applications to review decisions other than termination of employment or demotion will be reviewed by the Director – Human Resources, who will make a determination within 10 days.

73.7.    If the matter is complex, the Director – Human Resources has a conflict of interest, or it relates to a termination of employment or demotion, the Director – Human Resources will endeavour to initiate the establishment of a Review Committee within five days.  The Director – Human Resources will communicate the status of the Review Committee composition to the staff member within five days. 

Review Committee composition 

73.8.    The Review Committee will comprise three members, including:

• a nominee from the University; 
• a nominee of the relevant union; and 
• a Chairperson agreed by the nominators.

73.9.    When establishing a Review Committee, if the relevant union fails to make a nomination within five days of receiving notification, the University will nominate a staff member.

73.10.    Review Committee nominees who are University staff members will be allowed necessary time from their normal duties to ensure the review process is conducted within the set timeframe.

Review process

73.11.    The Review Committee may seek and take into account any further material which is material to, or had influenced the decision under review.

73.12.    During the review process the parties:

1. may appoint and be represented by a union or staff representative of their choice in accordance with University procedure on staff representation;
2. will have an opportunity to review the other party’s evidence and written submissions, and have an opportunity to present evidence and make oral submissions prior to the ReviewCommittee’s final determinations;
3. will have a right to see all documentation provided to the committee and may wish to obtain further information in relation to, or arising from, documents provided to the committee. In these circumstances, the Chair will be approached and will endeavour to obtain the information requested. Where information has been given in confidence, that confidence will be respected;
4. will have an opportunity to hear oral submissions; respond to any such further material or submissions; and ask questions of any person who was interviewed by the committee, and
5. Where academic judgement is required for cases of academic annulment of employment, may request evidence and participation from staff with experience and knowledge of the relevant discipline.

Review committee report

73.13.    Within 15 days of a Review Committee convening to review the decision, the committee will prepare and provide a written report to the Director – Human Resources.

73.14.    The Review Committee Chair may request an extension of time from the Director – Human Resources. If the request is declined and once so advised, the Review Committee will have five days to hand the written report to the Director – Human Resources.

73.15.    The Director – Human Resources will then consider the review committee report, assess the application and make a determination, advise the staff member of their determination and provide them with a copy of the report. 

Powers and notification

73.16.    The Director – Human Resources has five days to notify the staff member, their supervisor and the original decision maker of the committee’s findings, and the actions to be taken. The  Director – Human Resources will determine that either:

1. the original decision was appropriate and that it stands. If the decision relates to a termination of employment, the staff member will be provided with payment for the unexpired part of any notice period between the initial notification of termination of employment and the outcome of the review; or
2. the original decision making process was procedurally incorrect, or there was insufficient evidence, or discrimination or victimisation influenced the decision. The matter will be reconsidered in accordance with the appropriate decision making process, consistent with the findings of the Review Committee; or 
3. the proposed disciplinary action is not appropriate under the circumstances and advise what alternate disciplinary action/s, if any, will apply; or
4. the original decision is inappropriate and make another finding. Where the staff member would have received benefits had it not been for the original decision, the University will make any necessary arrangements to ensure that the staff member receives any remuneration or other benefits to which they are entitled.