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Legislative Assembly for the ACT: 2000 Week 6 Hansard (25 May) . . Page.. 1938 ..
Information from those sources indicates that 48 prospective employees have failed to meet various aspects of the tests applied by Departments to determine fit and proper person requirements.
QUESTION FIVE: RIGHTS OF APPEAL
The Public Sector Management Act 1994 does not provide for appeals from external appointees to the Service on the basis that they have not met the fit and proper person test as set out in section 68. Consistent with natural justice requirements, procedures adopted in agencies would normally provide applicants with access to any adverse information flowing out of pre-appointment checks and give them a chance to respond.While the Ombudsman's Act 1989 excludes complaints about employment, it is possible to lodge complaints about pre-appointment processes. The ACT Discrimination Act 1991 provides an avenue for complaints about discrimination on various grounds. More specifically, the Human Rights and Equal Opportunity Commission Act 1986 may also provide a source of complaint about refusal to employ because of a criminal record if the record does not relate to an inherent job requirement.
The Administrative Decisions (Judicial Review) Act 1989 excludes requests for statements of reasons in relation to appointment decisions to the public service, although judicial review of the decision is possible.
Any checks on criminal record would also be subject to the Commonwealth Spent Convictions Scheme, although this operates only in relation to Commonwealth offences.
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