VPS Slides

www.mpb.vic.gov.au

VPS Slides

www.mpb.vic.gov.au

VPS Slides

Introduction

Today’s Program

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Introduction / Legislative Framework

for Decision Making

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Peter Hibbins, Senior Chairperson, MPB

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Effective Staff Selection

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DEECD Representative

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Today’s Team

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Your folder of resources

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MPB training is a compliance program

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Sign in / Sign out

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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/Pages/default.aspx

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

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

Merit Protection Board -VPS

Review of Action Board

 The VPS Review of Action Board will consist of either:

• the Senior Chairperson alone; / or 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 (who will normally act as the VPS Review of Action Board chairperson); and

• 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

 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

 Decision making processes are to be fair, accessible, and applied consistentlyin 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 befree 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 fieldof qualified candidates

Merit in Employment*

 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

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

 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: Cybervetting can be a two way street

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?

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.

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:

ongoing and fixed term more than 12 months via

http://jobs.careers.vic.gov.au/detand Careers with Victorian Government (http:/www.careers.vic.gov.au)

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

The Manager is responsible for overseeing the selection process and must establish a selection panel appropriate to the vacancy. A panel:

 must include at least one member of each gender  wherever possible include at least one person from

the employment category of the advertised position  must include a person accredited by the Merit

Protection Board

Selection Panel,

including panels for internal advertisements

It is strongly recommendedthat the panel meet prior to reading any applications.

Adequate notes of the panel meetings and key decisions must be kept.

Incompleteor lateapplications must be managed.

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

Coordinates the selection process.

Ensures agreed selection strategies are clear and followed.

Identifies any applicants who are unplaced or who are redeployees.

Prepare list of all applicants for selection panel. Attends MPB hearing with the Manager.

Panel Chairperson’s Role

Observe confidentiality throughoutand 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.

Fairlyassess and rank applicants against the key selection criteria.

Prior knowledge of an applicant relevant to the selection criteria canbe used but mustbe 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

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:

shortlisting processes

interview process

use of referees

method for rating applicants

Manage internal applications.

Selection Panel Strategy

Identifies those who best meet the criteria.

Allapplications should be read and ranked against selection criteria by allpanel members

Only nominatedreferees may be used to shortlist(questions must be based on selection criteria).

Check for qualifications - (e.g. Social Worker). Briefly documentthe reason(s) for not shortlisting

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.

Before the Interview

Oral referee checks are preferableto written references.

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.

The panel’s task is to determine which candidates

bestmeet the Selection Criteria. This is a subjective value judgment 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.

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

Unsuitable applicants are not to be ranked.

Assessing & Ranking the

Interviewed Applicants

After the recommendation is approved by the Executive Director, the Chairperson of the panel must confirm with the successful applicant their willingness to accept the position.

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

At this stage applicants may request a copy of their Individual Selection Report. A formal appointment cannot be made until the review period is concluded and the MPB advises

Prepare the written VPS Selection Report (including Individual Selection Report for each shortlisted applicant) using the pro-forma available on HRWeb.

Selection documentation must be securely retained as per disposal schedule*.

Public Records Office Standard 07/01 (*Currently 2 years).

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

 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

o Error of law, or

o Significant deficiency in the selection process.

Grounds for a Selection Grievance

oThe Senior Chairperson may recommend:

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To confirm the validity of the selection decision;

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To vary, reverse or revoke the selection decision;

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To request that a selection decision be reconsidered; or

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To request that the position be re-advertised.

Note: the preferred applicant should not commence in the

o The action is unfair

o Inconsistent with the Public Administration Act

2004, including the Public Sector Employment Principles

Grounds for Personal

Grievances

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Breaches of Departmental guidelines, policies or procedures,

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Identification as unplaced staff, or redeployment or retrenchment of staff

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Leave & salary entitlements,

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Performance assessment,

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Criminal records checks, victimisation & bullying,

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Harassment, discrimination including sexual harassment,

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

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Disciplinary matters.

The Senior Chairperson may recommend to the Secretary one or more of the following:

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To confirm the validity of the action (or decision);

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To vary, reverse or revoke the action (or decision);

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To request that an action or decision be reconsidered;

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To change Departmental processes; or

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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

 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

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.

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

http://www.mpb.vic.gov.au/training/Pages/default.aspx

 Compliance letter from the Senior Chairperson

 Survey Monkey

 Thank you to the facilitators

 Sign out

 Contact details

Merit Protection Boards: 9032 1701