www.mpb.vic.gov.au

Introduction

• Today’s Program Introduction / Legislative Framework for Decision Making • Peter Hibbins, Senior Chairperson MPB • Effective Staff Selection • David Lawry, DEECD Representative • The Merit Protection Boards • Peter Hibbins

Introduction

• • • • • Today’s Team Your folder of resources MPB training is a compliance program Sign in / Sign out Your responsibilities as an MPB trained panel member

Website Contents

www.mpb.vic.gov.au

• • • • • Public Sector Standards Good Practice Checklist Equal Opportunity resources DEECD contact list HRWeb A-Z Topic Index http://www.education.vic.gov.au/hrweb/aztopic/Pages/default.apsx

Purpose of the Program

 Encourage consistent and fair recruitment and selection practices  Support sound decision making by applying the principles of merit and equity to all personnel matters  Provide information about the Merit Protection Board (

MPB

)  Reduce the likelihood of grievances

About the MPB

   Hear reviews and appeals of decisions made for Teaching Service members under the Education and Training Reform Act 2006 Public servants in DEECD under direct delegation of the Secretary (Public Administration (Review of Actions) Regulations 2005)  Conduct training in the principles of merit and equity   Advise the Minister about principles of merit and equity to be applied in the teaching service The MPB is independent and has a key responsibility in assisting DEECD meet its legislative requirements in relation to the management of its employees

Reviews and Appeals of Selection Decisions

Ongoing VPS

v

Ongoing VPS Fixed Term VPS

v

Fixed Term VPS Ongoing Teaching Service

v

Ongoing TS Other VPS

v

Other VPS Merit Protection Board A person who is outside of the Department: Eg: Private Sector Complaint to the Department Fair Work Australia Ombudsman State Services Authority Equal Opportunity and Human Rights Commission

Reviews and Appeals of Decisions

Leave (LSL / LWOP), Higher Duties, Positions of Responsibility, Time fraction changes, Translation from fixed-term to ongoing employment, non-renewal of Principal class contracts, leading teacher tenure, declaration of excess, referrals to vacancies, allotments, salary discrepancies, management of complaints, management of harassment and bullying allegations.

Ongoing Employee* (teacher, principal, education support, VPS, allied health, nurse) MPB Fixed Term Employee* (teacher, principal, education support, VPS, allied health, nurse) MPB Casual Relief Teacher or other casual employee MPB

Merit Protection Board Membership

 Chairpersons nominated by the Minister  Secretary’s Nominees  VPS staff member nominated by the Senior Chairperson  The Senior Chairperson selects a person from each pool to constitute a Board of three (3) to hear each grievance.

 The Senior Chairperson is a full time member of the MPB

Legislative Framework for Decision Making

Public Administration Act 2004 Equal Opportunity Act 2010 Education and Training Reform Act 2006

Procedural Fairness: “A Fair Go All Round”



Conciliation and Arbitration Act 1904

   This Act introduced the rule of law in industrial relations for the whole nation Australia established a national workplace relations tribunal Now called

Fair Work Australia

 A “fair go all round”  Decision makers must act fairly and without bias

Public Administration Act 2004

 Applies to all state government employees  Act establishes for government employees:  Fair and reasonable treatment  Merit in employment  Reasonable avenue of redress  Equal employment opportunity principles  Protection of human rights

Fair & Reasonable Treatment*

* Public Sector Employment Principles Standard (No 1) 2006  Decision making processes are to be fair, accessible, and applied consistently in comparable circumstances  Decision making criteria are to be relevant, objective and readily available to the people subject to the decision  Decisions and actions are to be unlawful discrimination free of bias and  Documentation is to be sufficiently clear and comprehensive to render decisions transparent and capable of effective review

Merit in Employment*

* Public Sector Employment Principles Standard (No 1) 2006  Employment decisions are to be based on the proper assessment of individuals’ work related qualities, abilities and potential against the genuine requirements of the employment opportunity  Decisions to appoint new employees or promote existing employees are to be based on to identify a suitable field competitive selection. Processes are to be open and designed of qualified candidates

Victorian Equal Opportunity Act 2010

 Promotes recognition and acceptance of everyone’s right to equality of opportunity  Eliminates sexual harassment  Provides redress for people who have been discriminated against or sexually harassed

Vicarious Liability / Prohibition of Authorising or Assisting Discrimination

 In order to avoid liability , employers must take reasonable precautions to prevent employees or agents from discriminating against or sexually harassing others  A person must not request, instruct, induce, encourage, authorise or assist another person to discriminate or sexually harass

Cyber-vetting

Before you “GOOGLE” an applicant consider:  privacy issues  gossip, hearsay and confidentiality  possible discrimination  relevance of the information to the selection criteria

Remember:

Cyber-vetting can be a two way street

Effective Staff Selection

Getting Started

 Develop a specific job role in the context of the workplace structure, unit priorities and VPS Work Level Standards for the classification level  Consider  How can we get the best person for the job?

 Can we afford the position?

 Does it fit the leadership profile?

 Consider is the position: • Ongoing / Fixed term/Higher Duties?

 Prepare and revise the position description and ensure that the key selection criteria are relevant  Ensure appropriate advertising in order to attract the broadest field of suitable applicants

Getting Started

continued...

 Applicants should submit their applications online however applicants without access to the internet may submit hard copies  Vacancies of 6 months or less may be filled through a process determined by individual managers, e.g. internal advertisement.  All other positions must be advertised as follows:  ongoing and fixed term more than 12 months via http://jobs.careers.vic.gov.au/det and

Careers with Victorian Government

( http://www.careers.vic.gov.au

)  fixed term of more than 6 months and up to 12 months, via http://jobs.careers.vic.gov.au/det

Selection Panel

Including panels for internal advertisements

 The Manager is responsible for the selection process and must establish a selection panel appropriate to the vacancy • Minimum of three persons • One Merit Protection Board trained • Gender representation

Selection Panel Administration

 It is strongly recommended that the panel meet prior to reading any applications  Adequate notes of the panel meetings and key decisions must be kept  Incomplete or late applications must be managed  Applicants without access to the internet must be allowed to submit written applications

Panel Chairperson’s Role

 Coordinates the Selection Process  Ensures agreed selection strategies are clear and followed  Indentifies any applicants who are unplaced or who are redeployees  Prepare list of all applicants for selection panel  Attends MPB hearing with Manager

Panel Members

must….

 Observe confidentiality throughout and following the process  Declare any conflict of interest, potential bias or prior knowledge of any applicants in relation to the selection criteria  Understand the requirements of the role  Fairly assess and rank applicants against the key selection criteria  Keep notes of all their decisions

Managing Prior Knowledge

 Prior knowledge of an applicant relevant to the selection criteria should be used but must be validated  Before applications are read , the chairperson must record panel members’ prior knowledge of any applicants  Any potential conflict of interest or bias issues should be resolved. Notes to be taken of this discussion

Staff with Priority Status

 Excess employees may apply for, or be referred to vacancies  These employees must be considered in isolation from and not in competition with other applicants  Considered in isolation means all other employment action for that position ceases

Selection Panel Strategy

  Develop an understanding of the selection criteria Decide how to manage any panel member’s prior knowledge of applicants   Agree on selection techniques: a. shortlisting processes b. interview process c. use of referees d. method for rating applicants Manage internal applications

Shortlisting applications

 Identifies those who best meet criteria  All applications should be read and ranked against selection criteria by all panel members  Only nominated referees may be used to shortlist (questions must be based on selection criteria)  Check for qualifications - (e.g.Social Worker)  Briefly document the reason(s) for not shortlisting applicants preferably against each criteria

Before the Interview

Prior to the interview, advise shortlisted applicants of:  venue, date and time  the members of the selection panel  the selection strategies to be used and  set up the space appropriately

The Interview

 Questions must relate to the selection criteria  Questions should be consistent (but not necessarily identical) for all applicants  Supplementary questions must relate only to the selection criteria  Questions must not be discriminatory or too complex

Note:

Interview complements the written application, detailed referee checks and prior knowledge

Referee Checks

o Referee checks provide information to expand, confirm or vary the panel’s assessment of an applicant o The panel may choose to contact non-nominated referees but must inform applicant o Questions to referees must relate to the selection criteria and responses recorded o Referees should be advised that their comments will be treated confidentially

Referee Checks

continued…

o Oral referee checks are preferable to written references o Negotiate a suitable time and provide selection criteria in advance to referees o Questions to referees must be determined by the selection panel o Any information provided by referees must be documented

Assessing and Ranking the Interviewed Applicants

 The panels task is to determine which candidates best meet the Selection Criteria  This is a subjective value judgement  Only the selection criteria can be used in making this decision

Note:

 The panel may recommend a “no appointment”  The panel may conduct a second interview

Assessing and Ranking the Interviewed Applicants

o Unsuitable applicants should not be ranked o Complete an Individual Selection Report form for each shortlisted applicant o Completed panel report goes to the General Manager who will either accept or reject the recommendation

Notification to Applicant

o After the recommendation is approved by the General Manager, the Chairperson of the panel must confirm with the successful applicant their willingness to accept the position o DEECD advises all applicants for statewide advertised positions of the outcome and the right to a review, if applicable o At this stage applicants may request a copy of their Individual Selection Report o A formal appointment cannot be made until the review period is concluded and the MPB advises that no application for a review has been lodged

Selection Documentation

o Prepare the written VPS Selection Report (including Individual Selection Report for each shortlisted applicant) using the proformas available on

HRWeb

o Selection documentation must be securely retained as per disposal schedule* Public Records Office Standard 07/01(Currently 2 years)

Feedback

o All applicants should have the opportunity for detailed feedback on their application and performance o Detailed feedback should only be provided (if requested) once the outcome of any review is known o Panels should agree on:  the information to be provided  who will provide the feedback

The Merit Protection Boards

 To advise the Minister about principles of merit and equity to be applied in the teaching service  To hear reviews and appeals of decisions made under the

Education and Training Reform Act 2006

(except Division 9A & 10 – Unsatisfactory Performance / Misconduct)  To hear reviews and appeals of decisions concerning public servants in DEECD (under direct delegation of the Secretary) (Public Administration (Review of Actions) Regulations 2005)

Review of Action Board

 Senior Chairperson  Secretary’s Nominee  Public Servant nominated by the Senior Chairperson  The Senior Chairperson is a full time member of the MPB

Types of Grievances

•  Selection grievances Applications for selection grievances must be lodged within

10 working days

of notification of decision •  Personal grievances, including discrimination and sexual harassment Applications for personal grievances must be lodged within

28 days

of notification of decision

Grounds for a Selection Grievance

 the employee was qualified to apply for the position  the employee applied for the position (or would have applied for the position if it had been advertised in accordance with Departmental policies or procedures)  a selection decision was made;  the person selected was an employee of the Department, an employee of another VPS agency (provided the non-selection would represent a promotion for that person), or an unplaced staff member.

Grounds for a Selection Grievance

o Error of law, or o Significant deficiency in the selection process.

Outcomes of Selection Grievances

o The Senior Chairperson may recommend: • • • to confirm the validity of the selection decision; to vary, reverse or revoke the selection decision; to request that a selection decision be reconsidered; • or to request that the position be re-advertised Note: the preferred applicant should not commence in the position until the appeal process is completed.

Grounds for Personal Grievances

o The action is unfair o Inconsistent with the Public Administration Act 2004, including the Public Sector Employment Principles

Personal Grievances to the MPB include:

• • • • • • • • breaches of Departmental guidelines, policies or procedures, identification as unplaced staff or redeployment or retrenchment of staff leave & salary entitlements, performance assessment, criminal records checks, victimisation & bullying, discrimination, harassment, including sexual harassment, and disciplinary matters.

Outcomes of Personal Grievances

The Senior Chairperson may recommend to the Secretary one or more of the following: • • • • • To confirm the validity of the action (or decision); To vary, reverse or revoke the action (or decision); To request that an action or decision be reconsidered; To change Departmental processes; or That any other action be taken.

The Secretary will generally abide by the recommendation of the VPS Review of Action Board however he or she is not obliged to do so.

Hearing Process for Personal & Selection Grievances

Prior to the Hearing

 Application  Response from decision maker  Copy provided to appellant  Hearing date set

If the matter is conciliated or settled beforehand, the hearing will be cancelled

The Hearing

 The Decision Maker explains the basis for the decision*  The Applicant presents their case* – (30 minutes allowed)  Right of reply from decision maker  Questions from the Board  Summing up by applicant  Parties leave  Consideration by Board  Decision and Recommendation * The decision maker and the applicant may be represented by an advocate at the hearing

The Hearing

The VPS Review of Action Board must ensure that hearings are conducted in accordance with the principles of natural justice which provide for both sides to have the opportunity to present their case before an independent body, and to hear and comment on the other party’s version of the events

The Recommendation

The decision of a VPS Review of Action Board is put as a recommendation to the Secretary, who will confirm or overturn the findings of the Board.

Victimisation

Victorian Equal Opportunity Act (2010)

A person must not victimise another person by subjecting (or threatening to subject) the other person to a detriment (broadly defined) because he or she has or intends to:  make a complaint  be a witness

www.mpb.vic.gov.au/training.htm

www.equalopportunitycommission.vic.gov.au

Conclusion

 Compliance letter from the Senior Chairperson  Evaluation sheet  Thank you to the facilitators  Sign out  Call us / Contact details

Merit Protection Boards: 9651 0290

Congratulations