1

Alison MurphySenior Chairperson

www.mpb.vic.gov.au

Alison MurphySenior Chairperson

www.mpb.vic.gov.au

Introduction

Today’s Program

• Introduction / Legislative Framework for Decision Making

• Alison Murphy, Senior Chairperson, MPB

• Best Practice in Staff Selection

• Corporate People Services

• The Merit Protection Boards (MPB)

• Alison Murphy

2

• Today’s Team.

• Your folder of resources.

• MPB training is:

• a compliance program.

• a mechanism by which the Department demonstrates a commitment to the value of Integrity.

• Sign in / Sign out.

• Your responsibilities as an MPB

trained panel member.

Introduction

Encourage consistent and fair recruitment and selection practices;

Support sound decision making by applying the principles of merit and equity to all personnel matters;

Promote and support integrity in decision making;

Provide information about the Merit Protection Board and

Reduce the likelihood of grievances.

Purpose of the Program

3

Table introductions

What do you want us cover today?

Todays program…..

Hear reviews and appeals of decisions made for:

Teaching Service members under the Education and Training Reform Act 2006.

Public servants in DET under direct delegation of the Secretary (Public Administration (Review of Actions) Regulations 2015).

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 DET meet its legislative requirements in relation to the management of its employees.

Provides an avenue to test the integrity of actions

taken and decisions made by all employees.

About the MPB

4

Merit Protection Board -VPS Review of Action Board

The VPS Review of Action Board will consist of either: • the Senior Chairperson alone;

• a VPS Review of Action Board of three persons selected by the Senior

Chairperson (that may or may not include the Senior Chairperson) or

• the matter being considered by appropriate persons nominated by the

Senior Chairperson and providing a recommendation to the Senior

Chairperson.

As a guide, the VPS Review of Action Board will usually consist of:

• the Senior Chairperson (as VPS Review of Action Board chairperson);

• the Secretary’s nominee or a person selected by the Senior Chairperson

and

• a VPS employee selected by the Senior Chairperson.

Public Administration Act 2004

Equal Opportunity Act 2010

Education and Training Reform Act 2006

Legislative Framework for Decision Making

5

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.

Procedural Fairness: “A Fair Go All Round”

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 and the

Protection of human rights.

Public Administration Act 2004

6

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 free of bias and unlawful discrimination and

Documentation is to be sufficiently clear and comprehensive to render decisions transparent and capable of effective review.

Fair & Reasonable Treatment** Public Sector Employment Principles Standard (No 1) 2006

Employment decisions are to be based on theproper assessment of individuals’ work related qualities, abilities and potential against the genuine requirements of the employment opportunity and

Decisions to appoint new employees or promote existing employees are to be based on competitiveselection. Processes are to be open and designed to identify a suitable field of qualified candidates.

Merit in Employment** Public Sector Employment Principles Standard (No 1) 2006

7

The Education and Training Reform Act 2006 provides all DET employees an avenue of redress by:

Establishing the Merit Protection Board;

Defining the jurisdiction of the Board and

Determining the composition of the Board.

Reasonable Avenue of Redress* Education and Training Reform Act 2006 Division 7

Promotes recognition and acceptance of everyone’s right to equality of opportunity;

Eliminates sexual harassment and

Provides redress for people who have been discriminated against or sexually harassed.

Victorian Equal Opportunity

Act 2010

8

Protected Attributes

•Disability

•Sex

•Race

•Age

•Employment activity

•Parental status

•Carer status

•Industrial activity

•Sexual orientation

•Physical features

•Religious belief/activity

•Pregnancy

•Marital status

•Lawful sexual activity

•Breastfeeding

•Political belief/activity

•Gender identity

•Personal association

Areas of Public Life

Employment

Education

Sport

Goods &

ServicesAccommodation

Clubs, Club

Membership

Disposal of

land

Local

Government

In order to avoid liability, employers must take reasonable precautions to prevent employees or agents from discriminating against or sexually harassing others and

A person must not request, instruct, induce, encourage, authorise or assist another person to discriminate or sexually harass.

Vicarious Liability -Prohibition of Authorising or Assisting Discrimination

9

Before you “GOOGLE” an applicant consider:

privacy issues;

gossip, hearsay and confidentiality;

possible discrimination and

relevance of the information to the selection criteria.

Remember: Cybervetting can be a two way street.

Cybervetting

Exercise 1

Getting Started

10

Best Practice in VPS Staff Selection

Develop a specific job role in the context of the

workplace structure, unit priorities and VPS Descriptors

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/workplace profile?

Consider is the position:

Ongoing / Fixed term / Higher Duties?

Getting Started

11

Prepare and revise the position description and

ensure that the selection criteria are relevant.

Ensure appropriate advertising in order to attract

the broadest field of suitable applicants.

Applicants should submit their applications online

however those without access to the internet may

submit hard copies.

Getting Started cont….

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:

fixed term of more than 6 months and up to 12 months,

via http://jobs.careers.vic.gov.au/det

ongoing and fixed term of 12 months or more via

http://jobs.careers.vic.gov.au/det and Careers.Vic

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

Getting Started cont….

12

The Manager is responsible for overseeing the

selection process and must establish a selection

panel appropriate to the vacancy.

A panel:

must have at least three members;

must include more than one gender;

must include a person trained by the Merit

Protection Board.

Selection Panel, including panels for internal

advertisements

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 and

Applicants without access to the internet must be allowed to submit written applications.

Selection Panel Administration

13

Coordinates the selection process;

Ensures agreed selection strategies are clear and followed;

Identifies any applicants who are unplaced or surplus;

Prepare list of all applicants for selection panel and

Attends MPB hearing with the Manager.

Panel Chairperson’s Role

Excess or surplus employees may apply for, or be

referred to vacancies.

For roles at level or below, 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 is halted.

Page 6 Recruitment and Selection in the Public Service

Staff with Priority Status

14

Observe confidentiality throughout and following

the process;

Understand the requirements of the role and the

selection criteria;

Agree on selection techniques;

Declare any conflict of interest, potential bias or

prior knowledge of any applicants in relation to the

selection criteria and

Fairly assess and rank applicants against the

selection criteria and keep notes of all their

decisions.

Panel Member’s must….

Prior knowledge of an applicant relevant to the selection criteria can 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.

Managing Prior Knowledge

15

Identifies those who best meet the 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.

Shortlisting Applications

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.

Before the Interview

16

Exercise 2

The Interview

Referee checks are essential for applicants in high

contention for the position and best practice for all.

Can be written or oral and will remain confidential.

Negotiate a suitable time and provide selection

criteria in advance to referees.

Questions to referees must be

determined by the selection panel.

Any information provided by referees

must be documented.

Reference Checks

17

The panel’s task is to determine which candidates best meet the selection criteria. This is a subjective value judgement and only the selection criteria is used in making this decision.

The panel may recommend a ‘no appointment’ or seek to conduct a second interview.

The Individual Selection Report form is to be completed for each shortlisted applicant and is to be made available during the provisional appointment phase if requested.

The Executive Director will either accept or reject the selection panel’s recommendation.

Unsuitable applicants are not to be ranked.

Assessing & Ranking the Interviewed Applicants

: 3 = Fully Satisfies, 2 = Partially Satisfies, 1 = Does Not Satisfy, (+ and - may be used)

Individual Selection Report INDIVIDUAL SELECTION REPORT (to be completed for each shortlisted applicant)

Name of applicant: Alison Murphy Date report prepared: 7.3.2019

Position applied

for:Community partnership coordinator

Selection

criterionAssessment against each selection criterion(Based on application, interview, referee comments and other selection tools)

Ratin

g*

1 Excellent demonstration of the VPS Values 3+

2 Satisfactory demonstration of proficiency to work cooperatively

and build sustainable partnerships with stakeholders, however

not demonstrated to the level of the recommended applicant

3

3 Demonstrated ability to work both independently and in a team,

however not to the level of the recommended applicant

2+

Names of referees contacted (indicate if referee was nominated or not nominated)

NameNominated

(Y/N)

David Lawry Y

Minister Merlino Y

Donald Trump (Applicant informed before contact was made) N

18

After approval, the Chairperson of the panel must confirm with the successful applicant their willingness to accept the position.

The Chairperson should consider notifying the unsuccessful shortlisted applicants.

DET advises all applicants for publicly advertised positions of the outcome and the right to a review, if applicable.

A formal appointment cannot be made until the review period is concluded.

Notification to Applicant

Prepare the written VPS Selection Report using the

pro-forma available on HRWeb.

Selection documentation

must be securely retained by the Chairperson for 2

years.

page 11 of Recruitment and Selection in the Public Service

Selection Documentation

19

Exercise 3

Referees, Ranking &Feedback

20

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 DET (under direct

delegation of the Secretary).

(Public Administration (Review of Actions) Regulations 2015)

Review of Action Board

Senior Chairperson.

Secretary’s Nominee or person selected by the

Senior Chairperson.

Public service employee selected by the Senior

Chairperson.

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

21

Selection grievances

• Applications for selection grievances must be lodged

within 7 calendar days of notification of decision.

Personal grievances, including discrimination

and sexual harassment

• Applications for personal grievances must be lodged

within 28 calendar days of notification of decision.

Types of Grievances

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 or an unplaced staff member.

Eligibility to request a SelectionDecision Review

22

Significant deficiency in the selection process.

Grounds for a Selection Grievance

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.

Outcomes of Selection Grievances

23

• Fixed term and ongoing employees may lodge a review of action.

• Must be lodged within 28 calendar days of the decision being made

Eligibility to lodge a Personal Decision Review

o The action is unfair.

o Inconsistent with the Public Administration Act

2004, including the Public Sector Employment

Principles.

Grounds for a Personal Grievance

24

• 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;

• Decision contrary to the Code of Conduct for VPS employees and

• Disciplinary matters.

Personal Grievances to the MPB include:

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 she is not obliged to do so.

Outcomes of Personal Grievances

25

Hearing Process

Application and determination of jurisdiction.

Response from decision maker.

Copy provided to appellant.

Hearing date set.

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

Prior to the Hearing

26

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 mustensure that hearings are conducted inaccordance with the principles of naturaljustice which provide for both sides to havethe opportunity to present their case beforean independent body, and to hear andcomment on the other party’s version of theevents.

The Hearing

27

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.

The Recommendation

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.

Victorian Equal Opportunity Act (2010)

Victimisation

28

Have we answered all of your questions

today??

Revisit our questions…..

Website Contents

www.mpb.vic.gov.au

Public Sector Standards

Good Practice Checklist

Equal Opportunity resources

HRWeb A-Z Topic Index

http://education.vic.gov.au/hrweb/Pages/default.aspx

29

Certificate and Survey

Certificate and Survey

Select Completed Learning

from drop down menu

Survey Certificate

30

Survey

Thank you to the facilitators.

Sign out.

Contact details: MPB: 9032 1701

Conclusion

31

Congratulations