www.mpb.vic.gov.au. introduction today’s program introduction / legislative framework for decision...
TRANSCRIPT
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
• 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
Introduction
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
Website Contents
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
Purpose of the Program
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
About the MPB
Reviews and Appeals of Selection Decisions
Ongoing VPS v Ongoing VPSFixed Term VPS v Fixed Term VPSOngoing Teaching Service v Ongoing TSOther VPS v Other VPS
A person who is outside of the Department:Eg: Private Sector
Merit Protection Board
Complaint to the DepartmentFair Work Australia OmbudsmanState Services AuthorityEqual Opportunity and Human Rights Commission
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
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.
Reviews and Appeals of Decisions
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
Public Administration Act 2004
Equal Opportunity Act 2010
Education and Training Reform Act 2006
Legislative Framework for Decision Making
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
Protection of human rights
Public Administration Act 2004
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
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 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 competitive selection. 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
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
Victorian Equal Opportunity Act 2010
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
Vicarious Liability / Prohibition of Authorising or Assisting Discrimination
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
Cyber-vetting
Effective Staff Selection
Develop a specific job role in the context of the workplace structure, unit priorities and VPS Work Level Standards for the classification level
ConsiderHow 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
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
Getting Started continued...
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 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
Applicants without access to the internet must be allowed to submit written applications
Selection Panel Administration
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 Chairperson’s Role
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
Panel Members must….
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
Managing Prior Knowledge
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
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 processesb. interview process c. use of refereesd. method for rating applicants
Manage internal applications
Selection Panel Strategy
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
Shortlisting applications
Prior to the interview, advise shortlistedapplicants 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
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
The Interview
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
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
Referee Checks continued…
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
Assessing and Ranking the Interviewed Applicants
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
Notification to Applicant
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)
Selection Documentation
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
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
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
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 (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.
Grounds for a Selection Grievance
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.
Outcomes of Selection Grievances
o The action is unfair
o Inconsistent with the Public Administration Act 2004, including the Public Sector Employment Principles
Grounds for Personal Grievances
• 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.
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 he or she is not obliged to do so.
Outcomes of Personal Grievances
Hearing Process for Personal & Selection Grievances
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
Prior to 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 Hearing
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
www.mpb.vic.gov.au/training.htm
www.equalopportunitycommission.vic.gov.au
Compliance letter from the Senior Chairperson
Evaluation sheet
Thank you to the facilitators
Sign out
Call us / Contact details
Merit Protection Boards: 9651 0290
Conclusion
Congratulations