mpb.vic.au

1. www.mpb.vic.gov.au

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

3. Introduction • Your folder of resources • MPB training is a compliance program • Sign in / Sign out • Your responsibilities as an MPB trained panel member

4. Purpose of the Program • Encourage consistent and fair recruitment and selection practices • Support sound decision making by applying the principles of merit and equityto all personnel matters • Provide information about the Merit Protection Board (MPB) • Reduce the likelihood of grievances

5. About the MPB • 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

6. About the MPB continued... • The MPB is independentand 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

7. MPB Website 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 Index http://www.education.vic.gov.au/hrweb/aztopicdefault.htm *Orders and Recruitment in Schools are subject to change and should be checked regularly for currency

8. Legislative Framework for Decision Making Public Administration Act 2004 Equal Opportunity Act 2010 Education and Training Reform Act 2006

9. 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

10. 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 opportunities • Protection of human rights

11. Fair and 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 availableto the people subject to the decision • Decisions and actions are to befree of biasand unlawful discrimination • Documentation is to be sufficiently clear and comprehensiveto render decisions transparent and capable of effective review

12. 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 potentialagainst 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

13. Victorian Equal Opportunity Act 2010 www.humanrightscommission.vic.gov.au • 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

14. Areas of Public Life Local Government Protected Attributes Employment • Physical features • Religious belief/activity • Pregnancy • Marital status • Lawful sexual activity • Breastfeeding • Political belief/activity • Gender identity • Personal association • Disability • Sex • Race • Age • Employment activity • Parental status • Carer status • Industrial activity • Sexual orientation Disposal of land Education Sport Clubs, Club Membership Goods & Services Accommodation

15. Other Issues • A person must not request, instruct, induce, encourage, authorise or assist another person to discriminate or sexually harass • Cybervetting

16. Effective Staff Selection

17. Principal’s Role: Establish the Vacancy • 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?

18. The Vacancy… continued • 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

19. Set up the Selection PanelIncluding panels for internal school advertisements • 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

20. Panel Chairperson’s Role • 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

21. Panel Members must… • 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

22. Panel Meeting, prior to Distribution of Applications • 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?

23. Panel Meeting continued... • 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)

24. Closing Date • Chairperson/Executive Officer will: • Identify and list any Priority Status applications • Referrals ..... then Compassionate transfer

25. Priority Status Applicants • 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 isolationmeans all other employment action for that position ceases

26. Shortlisting applications • Identifies those whobest 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 - tags (e.g. LOTE) • Briefly document the reason(s) for not shortlisting applicants preferably against each criteria

27. 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 • Set up the space appropriately

28. 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

29. Referee Checks • Provide information to expand, confirm or vary the panel’s assessment of an applicant • Comments (verbal / written) are confidential • The panel may contact non-nominated referees but must inform applicant and note their comments • Questions must relate to the selection criteria and responses recorded • Arrange time and provide KSC

30. Suitable Candidates • 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”

31. Ranking Applicants • Rank only those applicants considered suitable for the position (Unsuitable applicants should not be ranked) • Complete an Individual Selection Report for each interviewed applicant • Completed panel report goes to the Principal who will either accept or reject the recommendation

32. Provisional Appointment • Principal accepts the recommendation and the successful applicant accepts the position • The recommendation is submitted through ROL • DEECD (through ROL) advises all applicants of the outcome and the right to a review, if applicable • At this stage applicants may request a copy of their Individual Selection Report • An appointment cannot be finalised until the review period is concluded

33. Selection Documentation • Finalise the written documentation(including an Individual Selection Report for each shortlisted applicant) using the proformas available on HRWeb • Selection documentation must be securely retained as per disposal schedule

34. Feedback • All applicants should have the opportunity for detailed feedback on their application and performance • Detailed feedback is provided (if requested) once the outcome of any review is known • Panels should agree on the information to be provided

36. Types of Appeals and Grievances • Selection grievances • Personal grievances NOTE: Applications for appeals and grievances must be lodged within 14 days of written notification of decision.

37. Selection Decisions: Grounds for Review • 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

38. Selection Decisions continued.... • A unanimous or a majority decision was not reached • The interview did not focus on the selection criteria • Accurate, complete and dated selection reportwas not provided OR • That the selection decision is manifestly inconsistent with the evidence.

39. Possible Outcomes The MPB may: • Confirm the provisional promotion or transfer • Order the decision maker (Secretary, Principal or School Council) to reconsider the provisional promotion or transfer • Order the decision maker to re-advertise the position

40. Personal Grievance: Appealable Decisions • 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

41. Personal Grievance: Grounds for Review The applicant considers that the decision maker: • Is in breach of the Act or the appropriate Order, • Infringes the principles of merit and equity, or infringes any personnel policy or guidelines issued by the Secretary; or • Is otherwise unreasonableNote: Conciliation must be attempted before a personal grievance can be heard.

42. Possible Outcomes 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

43. Hearing Process

44. Prior to the Hearing • 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

45. 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

47. 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

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

49. 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

50. Congratulations