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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 or mailed to:

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

Telephone: (03) 7022 0040

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

The Merit Protection Boards (MPB) will use the information collected on the Appeal Application Form for the purpose of assessing, managing and responding to a grievance.  This includes, however is not limited to, such activities as determining the Board's jurisdiction to hear a matter, scheduling of hearings and preparing a Board for the hearing.

The MPB will use or disclose personal and health information for the purpose for which it was collected such as preparing Board members for a hearing or communicating Board decisions to the appellant and their representative at the hearing (if any); the decision maker and their representative at the hearing (if any); the Secretary of the Department; and the Executive Director, People Division.

Your comment will be sought if your data is to be used for purposes other than addressing the grievance process unless authorised or required by law.  Your information is kept secure and confidential and managed in accordance with the Privacy and Data Protection Act 2014 and Health Records Act 2001.

For more information regarding how information is handled, refer to the MPB website at