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The Integrated Monitoring Framework (IMF) Appeals Mechanism

July 2008

Note: This Appeals mechanism is based on the Appeal Mechanism of the Department of Ageing, Disability and Home Care and has been adapted for use in the Ministry of Transport

What if you have a dispute with a monitoring decision?

The Ministry of Transport endeavours to resolve appeals from its service reviews as soon as possible.

A clear process has been developed that aims to ensure appeals are handled in a consistent, timely and equitable manner. Importantly, matters relating to staff conduct during the service review or broader objections to the Integrated Monitoring Framework will be handled separately and should be put in writing and addressed to the Director, Local and Community Transport, Ministry of Transport, Locked Bag 5085, Parramatta NSW 2124.

The IMF appeals process recognises a three-step approach if the organisation disagrees with the findings of the On-site Service Review and/or related performance management decisions.

In the first instance, you need to raise your concerns with the reviewing officer from the Ministry of Transport. If the issue cannot be resolved at this level, the reviewing officer will write to the organisation outlining the grounds for the decision.

If you have been advised in writing that the issue in question cannot be resolved by the reviewing officer, you have 28 days to lodge a written appeal to the Director Local and Community Transport.

The written appeal needs to address one or more of the following conditions:

1. That due process was not followed by the reviewing officer
2. The findings of the On-site Service Review are not consistent with the evidence provided to the reviewing officer
3. The reviewing officer did not give due consideration to the evidence provided by the organisation
4. That other relevant factors were not taken into consideration; and/or
5. The conditions required by the Ministry of Transport in an Action Plan are greater that the action needed to address the issue

The Ministry of Transport will advise you in writing that your appeal has been received and will indicate a likely completion date. As part of the appeals process, the reviewing officer may contact you for further information relating to the appeal.

At the conclusion of the review, an officer from the Ministry of Transport will advise you in writing of the outcome of the appeal and will also advise you that you can make a second and final appeal to the Director, Financial and Corporate Services.

The second appeal also needs to be in writing and no later than 28 days after you have received notification of the outcome of the first appeal.

The Executive Director Transport Services will only accept an appeal if it relates to the original issue in dispute and has been previously reviewed by the Director, Local and Community Transport.

Figure 1 shows the procedure you will need to follow if you are unhappy with the decision or the process.