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Presentation on theme: " Today’s Program Introduction/Legislative Framework for Decision Making Peter Hibbins, Senior Chairperson, MPB Effective."— Presentation transcript:


2 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, Senior Chairperson, MPB Introduction

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

4 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

5 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

6 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

7 Ministerial Orders* Recruitment in Schools (DEECD)* Good Practice Checklist Equal Opportunity resources DEECD contact list HRWeb A-Z Topic Index * Orders and Recruitment in Schools are subject to change and should be checked regularly for currency MPB Website

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

9 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”

10 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

11 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

12 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

13 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


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

16 Effective Staff Selection

17 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

18 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 The Vacancy… continued

19 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

20 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

21 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…

22 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

23 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...

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

25 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

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

27 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

28 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

29 oProvide information to expand, confirm or vary the panel’s assessment of an applicant oComments (verbal / written) are confidential oThe panel may contact non-nominated referees but must inform applicant and note their comments oQuestions must relate to the selection criteria and responses recorded oArrange time and provide KSC Referee Checks

30  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

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

32 oPrincipal accepts the recommendation and the successful applicant accepts the position oThe recommendation is submitted through ROL oDEECD (through ROL) advises all applicants of the outcome and the right to a review, if applicable oAt this stage applicants may request a copy of their Individual Selection Report oAn appointment cannot be finalised until the review period is concluded Provisional Appointment

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

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


36 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

37 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

38 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 report was not provided OR o That the selection decision is manifestly inconsistent with the evidence.

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

40 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

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

42 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

43 Hearing Process

44 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

45 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


47 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 Victimisation Victorian Equal Opportunity Act (2010)


49 Compliance letter from the Senior Chairperson Evaluation sheet Thank you to the facilitators Sign out Call us / Contact details Merit Protection Boards: 9032 1701 Conclusion

50 Congratulations

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