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 David Lawry, DEECD Representative The Merit Protection Boards Peter Hibbins

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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

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

11. 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”

12. 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

13. 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

14. 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

15. 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

17. 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

18. 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

19. Effective Staff Selection

20. 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

21. 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) http://jobs.careers.vic.gov.au/dethttp://www.careers.vic.gov.au fixed term of more than 6 months and up to 12 months, via http://jobs.careers.vic.gov.au/dethttp://jobs.careers.vic.gov.au/det Getting Started continued...

22. 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

23. 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

24. 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

25. 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….

26. 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

27. 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

28. 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 Selection Panel Strategy

29. 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

30. 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

31. 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

32. oReferee checks provide information to expand, confirm or vary the panel’s assessment of an applicant oThe panel may choose to contact non-nominated referees but must inform applicant oQuestions to referees must relate to the selection criteria and responses recorded oReferees should be advised that their comments will be treated confidentially Referee Checks

33. oOral referee checks are preferable to written references oNegotiate a suitable time and provide selection criteria in advance to referees oQuestions to referees must be determined by the selection panel oAny information provided by referees must be documented Referee Checks continued…

34. 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

35. oUnsuitable applicants should not be ranked oComplete an Individual Selection Report form for each shortlisted applicant oCompleted panel report goes to the General Manager who will either accept or reject the recommendation Assessing and Ranking the Interviewed Applicants

36. oAfter 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 oDEECD advises all applicants for statewide advertised positions of the outcome and the right to a review, if applicable oAt this stage applicants may request a copy of their Individual Selection Report oA 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

37. oPrepare the written VPS Selection Report (including Individual Selection Report for each shortlisted applicant) using the proformas available on HRWeb oSelection documentation must be securely retained as per disposal schedule* Public Records Office Standard 07/01(Currently 2 years) Selection Documentation

38. oAll applicants should have the opportunity for detailed feedback on their application and performance oDetailed feedback should only be provided (if requested) once the outcome of any review is known oPanels should agree on: the information to be provided who will provide the feedback Feedback

40. 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)

41. 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

42. 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

43. 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

44. o Error of law, or o Significant deficiency in the selection process. Grounds for a Selection Grievance

45. 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

46. o The action is unfair o Inconsistent with the Public Administration Act 2004, including the Public Sector Employment Principles Grounds for Personal Grievances

47. 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:

48. 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

49. Hearing Process for Personal & Selection Grievances

50. 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

51. 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

52. 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

53. 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

55. 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

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

57. 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

58. Congratulations