Wyer v State of Queensland (Department of Education)

The appellant, Mr Wyer, appealed against a promotion decision made by the State of Queensland (Department of Education). The Department of Education argued that the promotion decision was a non-appealable appointment because the role was remunerated in excess of the maximum salary applicable to the Administrative Officer Level 8, pay point 4 (AO804) classification. Mr Wyer contended that the position was advertised as permanent part-time and remunerated below the full-time equivalent minimum AO804 rate, making the appointment appealable. Additionally, he argued that the Department had not consistently applied the 'in excess of AO804 salary' criterion to other promotional appointments.

The court had to decide whether the promotion decision was appealable and if the Commission had jurisdiction to hear the appeal. The Department relied on clause 7.2(b) of the Appeals Directive, which outlined non-appealable decisions. However, the court identified two significant issues with the Department's arguments. Firstly, the Department's reliance on clause 7.2(b) did not address the full-time equivalent remuneration, which Mr Wyer argued was below the AO804 threshold. Secondly, the Department had not consistently applied this criterion to other appointments, suggesting potential bias or inconsistency in its application.

The court allowed the appeal and set aside the promotion decision. The matter was returned to the Department of Education, with instructions to revoke the appointment and publish a Gazette notice of revocation within one month. The Chief Executive was directed to commence a fresh recruitment and selection process within three months, with a new selection panel formed by Departmental personnel not involved in the original panel. This decision underscored the importance of consistent application of criteria in administrative decisions and the necessity for public service appeals to be handled within a fair and reasonable framework.