www.mpb.vic.gov.au
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, Senior Chairperson, MPB
Introduction

Your folder of resources
 MPB
training is a compliance program
 Sign
in / Sign out
 Your
responsibilities as an MPB
trained panel member
Purpose of the Program
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Encourage consistent and fair recruitment
and selection practices
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Support sound decision making by
applying the principles of merit and equity
to all personnel matters
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Provide information about the Merit
Protection Board (MPB)
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Reduce the likelihood of grievances
About the MPB
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Hear reviews and appeals of decisions
made under the Education and Training
Reform Act 2006
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Conduct training in the principles of merit
and equity
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Advise the Minister about principles of merit
and equity to be applied in the teaching
service
About the MPB continued...
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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
MPB Website
www.mpb.vic.gov.au/training/Pages/default.aspx
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Ministerial Orders*
Recruitment in Schools (DEECD)*
Good Practice Checklist
Equal Opportunity resources
DEECD contact list
HRWeb A-Z Topic Index
www.education.vic.gov.au/hrweb/aztopic/Pages/default.aspx
*
Orders and Recruitment in Schools are subject to change
and should be checked regularly for currency
Legislative Framework for
Decision Making
Public Administration
Act 2004
Equal Opportunity Act
2010
Education and Training
Reform Act 2006
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
bias
makers must act fairly and without
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
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
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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
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
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
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
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Provides redress for people who have
been discriminated against or sexually
harassed
Other Issues

A person must not request, instruct, induce,
encourage, authorise or assist another
person to discriminate or sexually harass

Cybervetting
Effective Staff Selection
Principal’s Role:
Establish the Vacancy
 School
curriculum and the budget
the vacancy type – ongoing v fixed
term OR higher duties
 Decide
 Translation

– fixed term to ongoing
Are there fixed term staff eligible and suitable for
the vacancy?
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

www.education.vic.gov.au/hrweb/careers/Pages/recruitinsch.aspx
Set up the Selection Panel
Including panels for internal school advertisements
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The Principal must establish a Selection
Panel appropriate to the vacancy
• Minimum of three persons
• One Merit Protection Board trained
• Gender representation
Principal chairs the panel – or may
delegate this role
 The
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
Panel Members must…
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Observe confidentiality throughout and following
the process
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Manage conflict of interest, potential bias or prior
knowledge of any applicants in relation to the
selection criteria
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Understand the requirements of the role
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Fairly assess and rank applicants against the key
selection criteria
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Keep notes of all their decisions
Panel Meeting, prior to
Distribution of Applications
 As
soon as the panel is appointed
requirements of role – Chairperson
to brief panel
 Clarify
 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 continued...
 Managing
Prior Knowledge
• Only prior knowledge relevant to the selection
criteria should be used but must be validated
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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
Manager)
Executive Officer (usually Business
Closing Date
 Chairperson/Executive
Officer will:
• Identify and list any Priority Status applications
• Referrals ..... then Compassionate transfer
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 isolation means all other
employment action for that position ceases
Shortlisting applications
 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
 Briefly
for qualifications - tags (e.g. LOTE)
document the reason(s) for not
shortlisting applicants preferably against
each criteria
Before the Interview
Prior to the interview, advise shortlisted
applicants of:

Venue, date and time
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The members of the selection panel
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The selection strategies to be used
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Set up the space appropriately
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
Referee Checks
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
Suitable Candidates
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The panel’s task is to determine which
candidates best meet the Selection
Criteria
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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”
Ranking Applicants
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
Provisional Appointment
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
Selection Documentation
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
Feedback
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
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.
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 report
was not provided
OR
o That the selection decision is manifestly
inconsistent with the evidence.
Possible Outcomes
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
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
Personal Grievance:
Grounds for Review
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.
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
Hearing Process
Prior to the Hearing
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Application
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Senior Chairperson accepts grievance
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Hearing date set
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Response from decision maker
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Copy provided to appellant
If the matter is conciliated or settled beforehand,
the hearing is cancelled
The Hearing
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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
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
www.mpb.vic.gov.au/training/Pages/default.aspx
www.humanrightscommission.vic.gov.au
Conclusion
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Compliance letter from the Senior
Chairperson
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Evaluation sheet
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Thank you to the facilitators
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Sign out
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Call us / Contact details
Merit Protection Boards: 9032 1701
Congratulations