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Termination due to incapacity appeals

If the Secretary makes a determination under section 2.4.56(1) of the Education and Training Reform Act 2006 that a Teaching Service employee is incapable of performing his or her duties on account of physical or mental incapacity, the employee may appeal to a Merit Protection Board against the determination.

A notice of appeal must be lodged with the Senior Chairperson of the Merit Protection Boards within 14 days after the date on which the employee is given notice in writing of the determination of the Secretary.

A notice of appeal must be in writing; and be in the prescribed form.  (Schedule 11, Education and Training Reform Regulations 2017)

To lodge an application for appeal against termination due to physical or mental incapacity by email, fax or mail please print and fill out the Appeal Application Form.

Appeal Application Form

The Application may be emailed, faxed or mailed to:

The Registrar
Merit Protection Boards
Level 4, Casselden Place
2 Lonsdale Street
Melbourne 3000

Telephone: (03) 9032 1701
Fax: (03) 9032 1709


Please note that applications need to be lodged within 14 days of notification of the decision.