Benson v State of Queensland (Department of Education)

The case of Benson v State of Queensland (Department of Education) involved Ms Benson, who was employed as a temporary Administrative Officer with the Department of Education. The dispute arose from a decision by the Department not to convert her temporary employment to a permanent position. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issue was whether Ms Benson's appeal against the decision was filed out of time, and if not, whether the Tribunal should exercise its discretion to extend the time for filing. A secondary issue was whether the decision to not convert Ms Benson's employment to a permanent position was inherently unfair and unreasonable.

The Tribunal found that Ms Benson's appeal was not out of time, as the Department had not conducted the required review under section 149B of the Public Service Act 2008 (Qld) within the prescribed timeframes. The Tribunal also held that Ms Benson's conversion request was essentially her exercising her right to notify that a review was required under the Temporary Employment Directive. The Tribunal found that the Department had not provided the necessary notification to Ms Benson about the review of her employment status, which was a mandatory requirement under clause 10 of the Temporary Employment Directive. Furthermore, the Tribunal considered that a deemed decision under section 149B of the PS Act was inherently unfair and unreasonable because it did not necessitate notification to the employee. The Tribunal also noted that the Department's failure to conduct the review and notify Ms Benson of the deemed decision rendered the decision inherently unfair and unreasonable.

The Tribunal set aside the decision not to convert Ms Benson's temporary employment to a permanent position and substituted another decision. The Tribunal ordered that Ms Benson's temporary employment status as an Administrative Officer AO2 be converted to permanent employment. The Tribunal also allowed the appeal and exercised its discretion to extend the time for filing the appeal.