www.mpb.vic.gov.auwww.mpb.vic.gov.au

Today’s ProgramIntroduction/Legislative Framework for Decision Making

• Peter Hibbins, Senior Chairperson MPB

Effective Staff Selection

• DEECD Representative

The Merit Protection Boards

• Peter Hibbins

Introduction

Your folder of resources

MPB training is a compliance program

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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

Provide information about the Merit Protection Board (MPB)

Reduce the likelihood of grievances

Purpose of the Program

Hear reviews and appeals of decisions made under the Education and Training Reform Act 2006

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

About the MPB

About the MPB continued...

The MPB is independent and has a key responsibility in assisting DEECD meet its legislative requirements in relation to the management of its employees

Full time Senior Chairperson / part time Minister’s and Secretary's nominees

Appointments take place every three years – next due in 2013

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

Ministerial Orders* Recruitment in Schools (DEECD)* Good Practice Checklist Equal Opportunity resources DEECD contact list HRWeb A-Z Topic Indexhttp://www.education.vic.gov.au/hrweb/aztopicdefault.htm

* Orders and Recruitment in Schools are subject to change and should be checked regularly for currency

MPB Website

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 opportunities

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 and 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 2010www.humanrightscommission.vic.gov.au

Employment

Education

Sport

Goods & Services

Accommodation

Clubs, Club Membership

Disposal of land

Local Government

Areas of Public Life

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

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

Cybervetting

Other Issues

Effective Staff Selection

School curriculum and the budget

Decide the vacancy type – ongoing v fixed term OR higher duties

Translation – fixed term to ongoing Are there fixed term staff eligible and suitable for

the vacancy?

Principal’s Role:Establish the Vacancy

Advertise the vacancy

Promotes fair and open competition

• Teaching and ESC vacancies of more than six months duration must be advertised using ROL

• Higher duties positions of more than three months, must be merit based selection

Key Resource: Recruitment in Schools Guide

http://www.education.vic.gov.au/hrweb/careers/vacs/recruitinsch.htm

The Vacancy… continued

The Principal must establish a Selection Panel appropriate to the vacancy

• Minimum of three persons

• One Merit Protection Board trained

• Gender representation

The Principal chairs the panel – or may delegate this role

Set up the Selection Panel Including panels for internal school advertisements

Coordinates the Selection Process• Briefs panel on the requirements of the role

• Ensures all relevant employment policies are followed

• Leads the interviews

• Responsible for managing selection documentation including completion of reports

• Provides feedback as requested, following completion of the process

Panel Chairperson’s Role

Observe confidentiality throughout and following the process

Manage 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…

As soon as the panel is appointed

Clarify requirements of role – Chairperson to brief panel

Establish the process and rules eg:

• Set Questions – check against KSC

• What will the interview involve – set tasks?

• Decide what to do with incomplete or late applications

• What to do with internal applicants?

Panel Meeting, prior to Distribution of Applications

Managing Prior Knowledge •Only prior knowledge 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

Identify resources (checklists, templates etc)

Nominate Executive Officer (usually Business Manager)

Panel Meeting continued...

Chairperson/Executive Officer will:

• Identify and list any Priority Status applications

• Referrals ..... then Compassionate transfer

Closing Date

Consider any priority status applicants Excess employees will be referred to an

advertised vacancy through ROL

Employees with compassionate transfer status should identify themselves in their application

Staff with excess/compassionate transfer status 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

Priority Status Applicants

Identifies those who best meet criteriaAll 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 - tags (e.g. LOTE)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

Set up the space appropriately

Before the Interview

Questions must relate to the selection criteria

Setting specific tasks can be useful 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 Provide information to expand, confirm or vary the panel’s assessment of an applicant

o Comments (verbal / written) are confidential

o The panel may contact non-nominated referees but must inform applicant and note their comments

o Questions must relate to the selection criteria and responses recorded

o Arrange time and provide KSC

Referee Checks

• The panel’s 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 can conduct a second interview

• The panel may recommend a “no appointment”

Suitable Candidates

o Rank only those applicants considered suitable for the position (Unsuitable applicants should not be ranked)

o Complete an Individual Selection Report for each interviewed applicant

o Completed panel report goes to the Principal who will either accept or reject the recommendation

Ranking Applicants

o Principal accepts the recommendation and the successful applicant accepts the position

o The recommendation is submitted through ROL

o DEECD (through ROL) advises all applicants 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 An appointment cannot be finalised until the review period is concluded

Provisional Appointment

o Finalise the written documentation(including an Individual Selection Report for each shortlisted applicant) using the proformas available on HRWeb

o Selection documentation must be securely retained as per disposal schedule

Selection Documentation

o All applicants should have the opportunity for detailed feedback on their application and performance

o Detailed feedback is provided (if requested) once the outcome of any review is known

o Panels should agree on the information to be provided

Feedback

Selection grievances

Personal grievances

NOTE: Applications for appeals and grievances must be lodged within 14 days of written notification of decision.

Types of Appeals and Grievances

Selection Decisions: Grounds for Review

o That the selection panel failed to comply with one or more requirements as stated in the current Order:

• To provide fair and equitable treatment

• The Panel composition was non compliant

• Applicant was not assessed against the selection criteria

Selection Decisions continued....

o A unanimous or a majority decision was not reached

o The interview did not focus on the selection criteria

o Accurate, complete and dated selection reportwas not provided

OR

o That the selection decision is manifestly inconsistent with the evidence.

The MPB may:

o Confirm the provisional promotion or transfer

o Order the decision maker (Secretary, Principal or School Council) to reconsider the provisional promotion or transfer

o Order the decision maker to re-advertise the position

Possible Outcomes

• Refusal to grant leave

• Priority Status

• Outcome of local complaints process

• Refusal to grant time fraction change

• Outcome of higher duties assignments

• Translation fixed-term to ongoing employment

• Non-renewal of contracts and tenure

Personal Grievance: Appealable Decisions

The applicant considers that the decision maker:

o Is in breach of the Act or the appropriate Order,

o Infringes the principles of merit and equity, or infringes any personnel policy or guidelines issued by the Secretary; or

o Is otherwise unreasonable

Note: Conciliation must be attempted before a personal grievance can be heard.

Personal Grievance: Grounds for Review

The Senior Chairperson may in accordance with the following Orders:Order 199 (employees) Order 200 (school council employees including casual relief teachers)

• confirm;

• vary or quash the action; or

• recommend such other action that may be appropriate

Possible Outcomes

Hearing Process

Application

Senior Chairperson accepts grievance

Hearing date set Response from decision maker Copy provided to appellant

If the matter is conciliated or settled beforehand, the hearing is 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

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

VictimisationVictorian Equal Opportunity Act (2010)

www.mpb.vic.gov.au/training.htmwww.humanrightscommission.vic.gov.au

Compliance letter from the Senior Chairperson

Evaluation sheet

Thank you to the facilitators

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Call us / Contact details

Merit Protection Boards: 9651 0290

Conclusion

Congratulations