[page updated 22 August 2019]
Each year there are QTU members who either receive a required transfer that they do not want to accept or who have requested a transfer but have not received a transfer to a requested geographic area and/or region. For both categories of members there are appeal processes and relevant teacher transfer appeal information is provided here on the QTU website and on the DoE intranet site.
For a teacher to be successful in appealing a required transfer whether it be an inter-regional transfer or an intra-regional transfer, they must provide evidence (documentary wherever possible) that the transfer is unreasonable.
Transfer appeal process
Stage 1
Teachers should discuss their concerns about a transfer or non-transfer with their principal and this stage of the process can now include a teleconference with a regional officer and the teacher is able to have a union representative or other support person with them during the teleconference. The teacher will receive an email confirming the outcome of this stage of the process.
Stage 2
Teachers can lodge an appeal with regional office if stage 1 is unsuccessful in resolving the matter.
Stage 3
There is an external review/appeal stage where stages 1 and 2 do not resolve the appeal. If the appeal is not resolved at stage 2 you may wish to lodge a stage 3 appeal (external review). The stage 3 appeal is to the Queensland Industrial Relations Commission (QIRC) and is heard by an ‘Appeals Officer’ who is a QIRC Commissioner. An “Appeal Notice” (appeal application form) can be found on the QIRC website along with other appeal information. This appeal must be lodged within 21 days of receiving the written outcome of the stage 2 appeal.
Before lodging the stage 3 appeal, the Union advises members to read the Appeals Guide on the QIRC website.
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 Commissioner 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 that all relevant information is included in your submission in the first instance as new information will not be considered.
Grounds for appeal
To win an appeal against transfer you must establish grounds and provide evidence as to why the transfer is not reasonable. There is no limitation on what constitutes grounds or evidence that a transfer is unreasonable. You can nominate any grounds which you believe are relevant 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 guidelines.
If you are appealing against non-transfer you generally must establish “exceptional hardship” grounds. Whilst there are appeals against non-transfer that have been successful on other grounds, these have been very few in number.
If you do want to appeal a transfer decision, your objection should be based on the information already submitted or provided to the department during the annual transfer process and should include supporting documentation 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 documentation 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 a ground
- Any other relevant documentation that supports the application
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 the appeal, 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 current, while awaiting the updated reports.
(NB – There is no guarantee that late medical evidence will be considered in the appeal process).
Local transfers
For teachers transferred within the 50 minute travel time set out in the teacher transfer guidelines, there are generally very limited grounds upon which to appeal given that most of these transfers will be considered reasonable as no change in residence is required.
2019 Teacher Transfer Pilot Appeal Timelines
In 2019 transfers emanating from the Guaranteed Transfer Pilot process will be released early in term 3 and most teachers receiving such a transfer will have received it by the time this website content is published. The QTU does not anticipate appeals arising from this process as these teachers have been case managed and have been involved in the process; however, to ensure teachers have the right of review DoE have confirmed the following review timelines will be applied to those teachers in the Guaranteed Transfer Pilot:
|
DATES |
EVENT |
|
Wednesday, 31 July 2019 |
Teacher transfers notifications released. |
|
Wednesday, 21 August 2019 |
Local level review process finalised |
|
Tuesday, 3 September 2019 |
Deadline for lodgingan appeal for internal review with regional office |
|
Tuesday, 10 September 2019 |
Notification of regional office internal review outcomes. |
|
On or before Tuesday, 1 October 2019 |
Deadline for external appeal lodgement – Please note this date is based on the assumption teachers receive the outcome of the regional appeal on 10 September. The external appeal deadline is 21 days from the date the internal review outcome is received. |
2019 Teacher Transfer (non-Pilot) Appeal Timelines
|
DATES |
EVENT |
|
Thursday,19 September 2019 |
Teacher transfers notifications released. |
|
Wednesday,16 October 2019 |
Local level review process finalised (see above). |
|
Tuesday, 22 October 2019 |
Deadline for lodging appeal with regional office (internal review) |
|
Tuesday, 5 November 2019 |
Notification of regional office appeal (internal review) outcomes. |
|
On or before Tuesday,26 November 2019 |
Deadline for external appeal lodgement – Please note this date is based on the assumption teachers receive the outcome of the regional appeal on 5 November. The external appeal deadline is 21 days from the date the internal review outcome is received. |
Documentation required
QTU Information Brochure
Departmental documents
- Request for Review of Required Transfer 2018
- Request for Review of Non-Transfer 2018
- Teacher Transfer Guidelines , April 2019
QIRC documents
Public service appeal guide
Electronic filing and hard copies of documents (Practice Note no.1 of 2019, Industrial Registrar)
Form 88 – Appeal notice – Public Service Act 2008
Contact list for transfer issues - DoE and QTU
|
Region |
DoE regional person who will be first point of contact for transfer issues |
QTU person who will be first point of contact for transfer issues |
|
Central Office |
Diane Neinert |
Jeff Backen Policy issues and/or advice to QTU officers about certain cases |
|
Central Queensland |
Dysart, Emerald, Capella, Rockhampton, Capricorn Coast, Baralaba and Woorabinda Mackay and Moranbah Gladstone, Biloela, Moura, Theodore, North Burnett schools, Longreach, Blackall, Barcaldine and Winton |
Rockhampton, Gladstone, Central West/Longreach, Moranbah, Dysart, Callide/Dawson Valleys, Blackwater, Central Highlands, Peak Downs and Birdsville Sarina, Mackay, Whitsundays, Ayr, Ingham, Townsville, Charters Towers and Hughenden |
|
Darling Downs South West |
Weldon Jones |
South West Queensland: South Burnett: |
|
Far North Queensland |
Carol Graham |
Maureen Duffy |
|
Metropolitan |
Northside and Partial Southside – Primary Partial Southside, Rural West, Ipswich and Brisbane West – Primary Region – Secondary/Special |
Centenary, Mt Coot-tha, Sherwood, South Brisbane, The Gap, : Brisbane Central,Ferny Grove and Windsor: Aspley, Chermside, North East Brisbane: Camp Hill, East Brisbane, Inala, Macgregor, Rochedale, Mt Gravatt, Runcorn, Sunnybank, Sunnybank and Wynnum: Coominya, Minden, Mt Tarampa, Rosewood, Beaudesert, Ipswich and Browns Plains |
|
North Coast |
Moreton Bay – Secondary and Special plus Kilcoy Cluster Primary : Sunshine Coast -Secondary/Primary/Special: Sunshine Coast -Secondary/Primary/Special plus Moreton Bay – Bribie Cluster and Caboolture/Tullawong cluster: Primary/Secondary/SEPs/Special – Bundaberg: Primary/Secondary/SEPs/Special – Maryborough/Hervey Bay and Isis/ Childers Primary – Moreton Bay Gympie plus Chancellor SC, Meridan SC, Kawana Waters SC, Currimundi Special and Buddina SS |
Caboolture, Caloundra, Kawana, Maleny, Maroochydore, Morayfield, Nambour: Pine Rivers, Redcliffe, Deception Bay, Narangba, Burpengary, North Lakes: Bundaberg, Gympie, Hervey Bay, Maryborough, Noosa, South Burnett: |
|
North Queensland |
Maura Riddiford |
Mt Isa, Gulf and North West Queensland: Townsville, Charters Towers, Hughenden: |
|
South East |
Annette Rose |
Gold Coast: Beenleigh, Redland Bay, Upper Gold Coast and Logan: Boonah: |