Appealing a transfer decision

A teacher can appeal a transfer at any time.  However for administrative convenience the Department puts in place an annual appeal cycle and publishes set dates for appeals to be heard.

The 2012 transfer cycle will commence after the release of transfers on 20 September.

If at this time you have requested a transfer which has not been granted or you have received an unwanted or unrequested transfer you may wish to explore appeal options.

To win an appeal against transfer you must establish reasonable grounds for refusing the transfer.  There is no limitation on what constitutes reasonable grounds.  You can nominate any grounds which you believe are reasonable.  However your chances of success are likely to be higher if you can demonstrate that the transfer is likely to cause you some significant detriment or “exceptional hardship” as per the department’s policy guidelines.

If you are appealing against non-transfer, the policy makes explicit that you must establish “exceptional hardship” grounds.

In the past exceptional hardship has been accepted in some quite limited circumstances, for example in situations where:

• A teacher or a family member suffers from a serious medical condition, disability or other significant health issue which could not be managed in the new location or which can only be managed in the current location.
• A teacher or teacher’s partner would be denied access to children because the transfer would cut across custody and access arrangements. 
• A teacher is transferred into an environment that is hostile to his/her sexual preference or ethnic origins
• A teacher would be separated from his/her spouse or de facto partner (this does not apply to couples who do not co-habit).

If you do want to appeal a transfer decision, your objection should be based on the information already submitted on your transfer application and should include documentation in support such as:

• Medical specialist letters/reports regarding a medical condition
• Legal documents regarding family law matters (such as joint access arrangements)
• Evidence of the relationship i.e. statutory declaration with documentaton attesting to shared domicile i.e. lease/mortgage documents/billing notices in both names etc.
• Statutory declarations from a spouse or partner or their employer if their employment is affected
• Any other relevant documentation that supports the application.

For teachers transferred within the 50 minute travel time set out in the transfer policy, there is generally no basis upon which to appeal given that transfer is a condition of service.

While domestic circumstances can be cited in appealing against non transfer these matters are deemed “pressing and personal” under the transfer policy and as such require the teacher to compete on points for a preferred placement.

Lodge your appeal either (transfer or non-transfer) on the “Request for Review of Teacher Transfer” pro-forma accessible from your principal or regional HR Office.  The regional “Transfer Review Panel” has 21 days in which to respond.  

If you are not successful at the first level of appeal you can escalate your appeal to the Public Service Commission.  A “Notice of Appeal” pro-forma can be found at:http://www.psc.qld.gov.au/library/document/catalogue/appeals/notice-appeal.pdf

Before lodging the Union advises members to read the “Practice Direction” for transfer appeals. 

A word of caution

All appeals to the Public Service Commission  are now heard in the Queensland Industrial Relations Commission “on the papers” other than where the Appeals Officer accedes to a request for a hearing.

In practical effect this means that there is little or no opportunity for you to put your case in a face to face hearing.  Consequently it is extremely important for all relevant information to be included in your submission in the first instance as new information will not be considered

If you are relying on specialist medical evidence you will need to have this material submitted with your notice of appeal so it is important if you have a medical condition to keep these reports up to date.  If you do not have the required specialist medical evidence at the time of lodging you need to flag that you are in the process of obtaining it and if possible you should provide the specialist medical advice that you do have even if it is not up to date, while awaiting the updated reports. 

(NB – There is no guarantee that late medical evidence will be considered in the appeal process).

Review against transfer

• Thursday 20 Sept 2012: Teacher transfers released
• Monday 15 October 2012:  Deadline for receipt of transfer review to regional office
• Friday 26 October 2012: Letter advising outcome of review against transfer, will be mailed to appellant's home address and emailed/faxed to school (through the principal)
• On or before Friday 16 November 2012: Deadline for notice of appeal lodgement - 21 days

Review against non-transfer

• Thursday 20 Sept 2012: Teacher transfers released
• Friday 19 October 2012:  Deadline for receipt of non-transfer review to regional office
• Monday 29 October 2012: Letter advising outcome of review against non-transfer, will be mailed to appellant's home address and emailed/faxed to school (through the principal)
• On or before Monday 19 November 2012: Deadline for notice of appeal lodgement - 21 days

Please click here to find the DETE and QTU contact list for the 2012 transfer cycle.