AGY-4034 | Government and Related Employees Appeal Tribunal (GREAT)

Full description

The Government and Related Employees Appeal Tribunal (GREAT) was established under section 5 of the Government and Related Employees Appeal Tribunal Act 1980 (Act No.39, 1980). The members of the Tribunal were the Senior Chairman, the Chairmen and the persons for the time being nominated in accordance with the Act as employers’ representatives and employees’ representatives. (1) The Act received assent on 28 April 1980. Sections 1 and 2 of the Act commenced on assent. The remainder of the Act commenced on 29 August 1980 and 1 September 1980. (2) The Honourable Mr Justice William Brendan Perrignon, a member of the Industrial Commission of New South Wales, was appointed as Senior Chairman of the Tribunal on 1 June 1980. (3)

The Tribunal exercises the functions conferred upon it by or under its Act or any other Act. (4) Its Act provided it with jurisdiction to review decisions affecting the promotion and discipline of public sector employees. The employing authorities, which come within the Tribunal’s jurisdiction, are set out in the schedules to the Act. Employees of all New South Wales State Government departments and authorities or instrumentalities have a right of appeal to the Tribunal except those engaged in the transport sector who may appeal to the Transport Appeal Boards (TABs). In promotion appeals it was the Tribunal’s task to determine which employee was most entitled to the appointment having regard to the rules governing promotion in the employer organisation. In disciplinary appeals if the appellant denied the allegation, the Tribunal heard evidence and determined the truth or otherwise of what was alleged. In December 1987, the Tribunal amended the procedures to be followed in its promotions appeal jurisdiction. (5)

Under Schedule 2 of the Government and Related Employees Appeal Tribunal (Amendment) Act 1986 (Act No.156, 1986) the Senior Chairman became the Senior Chairperson and the Chairmen became Chairpersons. (6) The Act also amended the procedure to be observed in promotional appeals. (7) Under the Government and Related Employees Appeal Tribunal Amendment Act 1996 (Act No.12, 1996) the qualifications of the Senior Chairperson were changed so that the person qualified to be appointed was holding or had held a judicial office and was a legal practitioner of at least 7 years’ standing. (8)

The Tribunal initially reported to the Premier’s Department. Following recommendations of the Review of the Structure of NSW Government Administration the Tribunal was transferred to the administration of the Attorney General’s Department in May 1988. (9) From 1 July 1991 administration of the Tribunal and the Transport Appeal Boards passed to the Department of Industrial Relations, Employment, Training and Further Education. (10) The Tribunal and the Transport Appeal Boards were two separate quasi-judicial bodies which were administered from the same office, and shared facilities and staff. The Tribunal then heard appeal cases by public servants on promotion and disciplinary matters. It also heard police officer appeals in respect of promotion, discipline and hurt-on-duty. The Transport Appeal Boards dealt with promotion and discipline appeals from employees of the State Rail and State Transit Authorities. (11)

From 6 April 1995 the Department of Industrial Relations was established. It replaced the former Department of Industrial Relations, Employment, Training and Further Education. Thus the Tribunal then was administered by the Department of Industrial Relations. It continued to share facilities and staff with the Transport Appeal Boards. (12)

The Tribunal heard and determined appeals of decisions relating to the discipline and promotion of NSW public servants. It also determined appeals lodged by members of the NSW Police Service. These appeals generally involved leave applications which have been denied on the basis that a Police Service member’s injury or illness was not work-related. All decisions made by the Tribunal in respect of an appeal are final, subject to a further right of appeal to the Supreme Court based solely on questions of law. (13)

Schedule 3 of the 1980 Act included the Police Association of New South Wales as an association of employees. (14) Under the Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 (Act No. 38, 1993) a police officer (other than a member of the Police Service Senior Executive Service) could appeal to the Tribunal against a decision of the Commissioner to punish a police officer. Promotion Appeals to the Tribunal by police officers and by non-executive administrative officers could also be made. (15)

In 2004 the Government and Related Appeals Tribunal was located at Oxford Street, Darlinghurst. The Tribunal heard and determined appeals against decisions relating to the discipline and promotion of NSW public sector employees. Members of the NSW Police Service also had the right of appeal on promotions, refusals to have injury or illness classified as work related, and disciplinary sanctions other than dismissals. (16) From 2 April 2003 the Tribunal reported to the Department of Commerce. (17)

The public sector appeals process for both promotional and disciplinary appeals was transferred from the Government and Related Employees Appeal Tribunal to the NSW Industrial Relations Commission from 1 July 2010. The Tribunal was abolished by the Industrial Relations Amendment (Public Sector Appeals) Act 2010 (Act No.54, 2010) which repealed the Government and Related Employees Appeal Tribunal Act 1980. (18)

ENDNOTES
1. Government and Related Employees Appeal Tribunal Act 1980 (Act No. 39, 1980), section 5.
2. Parliamentary Counsel’s website http://www.legislation.nsw.gov.au/fragview/inforce/act+39+1980+ed+0+N (Cited 28 July 2004).
3. New South Wales Government Gazette, 6 June 1980, p. 2866.
4. Government and Related Employees Appeal Tribunal Act 1980, section 6 (1).
5. NSW Attorney General’s Department, 1988 Annual Report, pp. 83-84.
6. Government and Related Employees Appeal Tribunal (Amendment) Act 1986 (Act No. 156, 1986), Schedule 2.
7. NSW Attorney General’s Department, 1988 Annual Report, p. 83; Public Service Board Notices, 13 January 1988.
8. Government and Related Employees Appeal Tribunal Amendment Act 1996 (Act No. 12, 1996), Schedule 1.
9. Premier’s Department, The Cabinet Office, Premier’s Office, Annual Report, 1987-88, pp. 5, 12-13; NSW Attorney General’s Department, 1988 Annual Report, p. 8.
10. Attorney General’s Department, Annual Report 1990-1991, p. 7.
11. Report of the Department of Industrial Relations, Employment, Training and Further Education for the year ended 30 June 1994, p. 24.
12. Report of the Department of Industrial Relations for the year ended 30 June 1995, pp. 2, 21.
13. Report of the Department of Industrial Relations for the year ended 30 June 1997, p. 34.
14. Government and Related Employees Appeal Tribunal Act 1980, Schedules 3 and 4.
15. Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 (Act No. 38, 1993), Schedule 1, amendment to Police Service Act 1990, section 182; Schedule 2, amendment to Police Service Act 1990, section 81A-81F.
16. NSW Government Directory web site http://www.directory.nsw.gov.au/result/detail-organisation-frames.asp?origin=search&xpath=Root/NSWGOV/o=NSW%20Government_comma_c=AU/ou=Portfolio/ou=Industrial%20Relations/nswOrder=04_plus_ou=Statutory%20Bodies/NSWOITOrgUnit@ou=Government%20and%20Related%20Employees%20Appeal%20Tribunal&orgname=government%20and%20related%20employees&portfolio=All%20Portfolios&suburb=&postcode=&searchType=Full%20Phrase (Cited 28 July 2004).
17. New South Wales Government Gazette, 2 April 2004, p. 4331; Public Sector Employment and Management (General) Order 2003, clause 33.
18. Premier & Cabinet, Circular C2010-21 Transfer of public sector appeals processes to the NSW Industrial Relations Commission issued 7 July 2010.