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Inability and Disciplinary Appeals

Appeals Boards

Inability or Disciplinary Appeal Boards are established under section 57(2) of the Public Sector Employment and Management Act (the Act).

Each Board comprises:

  • a Chairperson appointed by the Minister for Public Employment. The Chairperson will usually be a barrister or solicitor who has been enrolled as a legal practitioner of the Supreme Court of the Northern Territory for a period of not less than 5 years. However in particular cases, such as where the Board will primarily be dealing with professional matters (eg, for teachers or nurses), the Minister may appoint a person who has suitable qualifications or experience;
     
  • a nominee of the Commissioner for Public Employment. The Commissioner will nominate a person who has appropriate expertise relevant to the appeal and an understanding of the broader management issues, policies and practices of the Northern Territory Public Sector; and
     
  • a person nominated by the relevant union or employee association. The relevant union or association will nominate a person who has appropriate expertise relevant to the appeal and an understanding of the industry / workplace issues.

Handbook

The Inability and Disciplinary Appeal Boards Handbook provides general guidance for members of Inability or Disciplinary Appeal Boards and will assist them in their decision making tasks and in dealing with the evidence and issues before them in a fair, equitable and objective manner.

Investigation Officers

The Public Sector Employment and Management Act provides, amongst other things, for the investigation of workplace inability and disciplinary matters.
The parts of the Act dealing with such investigations set out the procedures to be followed.

The Act also requires that investigating persons  have appropriate experience to enable them to fully investigate the inability issues or breaches of discipline.

Handbook

The  Investigation's Officer handbook complements the human resource competencies expected of a manager and is designed to assist in the fair and equitable management of workplace inability and breach of discipline. It is not intended to be a private document. It is for the benefit of all Northern
Territory Public Sector employees. Hopefully, it will serve to demonstrate that investigations are designed to support both management and
employees by the application of a just system for managing difficult human resource issues.

Finally, the handbook takes both an advisory and an exemplary perspective.

  • First, it provides a synopsis of the empowering legal   framework within which investigators must conduct their affairs.
  • Second, it provides models from which investigators can draw ideas for the collection and presentation of information gleaned during the course of their inquiries.