TEACHER TRAINING

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MERIT PROTECTION ACCREDITATION PROGRAM FOR
MEMBERS OF THE TEACHING SERVICE
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Todays Programme

• 1. Framework for Decision Making In Schools
• Peter Hibbins Senior Chairperson MPB
• 2. Effective Staff Selection
• DEECD Representative
• 3. The Merit Protection Boards
• Gavan Schwartz Secretarys Nominee, MPB
• Plenty of opportunity for questions, discussion
  and conversation.

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Introduction

• Todays team
• MPB training is an accreditation program
• Responsibilities of the MPB accredited
  representative on selection panels
• Your folder of materials
• Your name - spelling

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Purpose of the Program

• Encourage consistent and fair recruitment and
  selection practices in line with legislation,
  Department policy and sound human resource
  management principles and practice
• Provide information about the Merit Protection
  Boards and the Disciplinary Appeals Boards.

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• Provide an understanding of the principles of
  merit and equity as applied to effective
  personnel management decision making
• Equip you to participate in sound decision making
• Demonstrate how to apply consistent and fair
  practices
• Reduce the likelihood of grievances

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Merit Protection Boardswww.mpb.vic.gov.au

• 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 10 Misconduct and
  Inefficiency).
• Conduct training in the principles of merit and
  equity.
• Whilst established under the Education and
  Training Reform Act 2006 the MPB is independent
  and has a key responsibility in assisting DEECD
  meet its legislative requirements in relation to
  its management of its employees.

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Legislative Framework for Decision Making
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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 opportunity principles and protection
  of human rights
• Public Sector Employment Principles Standard No.1
  (2006)

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Fair and reasonable treatment
The following standards apply

• 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.

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Merit in employment

• 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

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Equal employment opportunity

• An EEO policy statement is to be in place, widely
  accessible and reflected in all relevant
  processes
• All employment related policies and procedures
  are to comply with applicable equal opportunity
  laws and support diversity across the workforce
• The EEO principle and strategies are to be
  incorporated into workforce plans and promoted
  throughout the workplace

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Continued

• Decisions and actions affecting employees are not
  to be influenced by irrelevant personal
  characteristics
• Public sector body heads are to be notified of
  any discrimination complaints against their
  organisation and the findings of associated
  investigations
• Data in relation to implementation of the EEO
  principle is to be monitored and evaluated on a
  regular basis.

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Reasonable avenue of redress

• Employment related policies and procedures are to
  demonstrate a commitment to address employee
  grievances in an effective and timely manner
• A written procedure, detailing the grievance
  review process and the rights and
  responsibilities of participants, is to be
  available and communicated to all employees
• Procedures are to encourage parties to resolve
  issues internally and informally, before applying
  more formal internal or external processes
• The principles of natural justice and procedural
  fairness are to be applied throughout a review
  process.

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Procedural fairness the rules of fair play

• Decision makers must act fairly and without bias
• A person should not be a judge in his or her own
  cause
• All persons should be informed of the basis of a
  decision that affects them
• All parties should have the opportunity to put
  their case
• All relevant information must be considered
  before a decision is made

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Victorian Equal Opportunity Act (1995)

• Promotes recognition and acceptance of everyones
  right to equality of opportunity
• Eliminates sexual harassment
• Provides redress for people who have been
  discriminated against or sexually harassed

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Areas Covered

• employment
• goods and services
• education
• sport
• accommodation
• disposal of land
• clubs and club membership
• local government

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Attributes on which Discrimination is prohibited

• Age
• Breastfeeding
• Impairment, (including HIV, AIDS and Hepatitis)
• Industrial Activity
• Lawful sexual activity
• Sexual orientation
• Marital status
• Physical features

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• Political belief or activity
• Pregnancy
• Race
• Religious belief or activity
• Sex
• Status as a parent or carer
• Gender identity
• Personal association (whether as a relative or
  otherwise) with a person who is identified by
  reference to any of the above attributes

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The Act prohibits

• direct discrimination
• When a person treats or proposes to treat a
  person with one of the attributes less favourably
  than someone without that attribute or personal
  characteristic
• indirect discrimination
• When an unreasonable requirement, condition or
  practice which may appear to be neutral in fact
  has a disproportionately negative impact on
  people with particular attributes

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Sexual Harassment is

• an unwelcome sexual advance
• an unwelcome request for sexual favours or
• any other unwelcome conduct of a sexual nature
• in circumstances in which a reasonable person
  having regard to all the circumstances would have
  anticipated that the other person would be
  offended, humiliated or intimidated

The Act makes it unlawful to sexually harass a
person
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Vicarious Liability

• If a person in the course of employment (or
  whilst acting as an agent) engages in
  discriminatory conduct or sexual harassment, both
  the person and the employer are liable and a
  complaint may be lodged against either or both of
  them.
• In order to avoid liability, employers must take
  reasonable precautions to prevent employees or
  agents from discriminating against or sexually
  harassing others

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Prohibition of Authorising or Assisting
Discrimination

• A person must not request, instruct, induce,
  encourage, authorise or assist another person to
  discriminate or sexually harass
• To comply with such a request could result in a
  complaint being lodged against both parties

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Victimisation

• 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
• act in good faith in bringing information or an
  allegation under this legislation, or refuse to
  contravene this legislation.

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Effective Staff Selection

• A. Pre-recruitment (Principals role)
• Review and create the position - this should be
  done with reference to the requirements and role
  of the position in the context of the needs of
  the school

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• Prepare, revise or accept the position
  description and selection criteria, ensuring that
  the selection criteria are in accordance with the
  appropriate Order

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• A Job Requisition must be created in Recruitment
  Online for any vacancy of more than 30 days
  duration
• Schools may also utilize alternative
  advertisement arrangements

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B. Staff in excess or with compassionate transfer
status

• Excess teachers and SSOs should be referred to an
  advertised vacancy through Recruitment Online.
• Teachers with compassionate transfer status may
  apply for or be referred to vacancies advertised
  online.
• Excess staff and teachers with compassionate
  transfer status must be considered in isolation
  from and not in competition with other applicants
• Note 1 Teaching vacancies of more than six
  months and SSO vacancies of more than three
  months must be advertised
• Note 2 For higher duties positions of more than
  three months, merit based selection is required

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Selection Procedures

• Form a selection panel
• Develop a selection strategy
• Short-listing
• Information gathering
• Interview
• Referee checks
• Prior knowledge
• Assess and rank short-listed applicants
• Selection documentation
• Feedback

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C. Selection (Selection panels role)

• Adequate notes should be kept of the panel
  meetings and processes
• Principals should ensure selection criteria for
  teacher positions are in accordance with TSO 186
• Applicants for school positions should submit
  their applications through Recruitment Online.
  Applicants without access to email may submit an
  application in writing which must be accepted by
  the Principal

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• Job applications using Recruitment Online require
  a resumé.
• Note If applications are incomplete, contact
  the applicant
• A specific response to the selection criteria and
  position details of the vacancy being applied for
  should also be submitted
• Where applications or components of applications
  are hand delivered schools should ensure there
  are appropriate procedures for acknowledging
  receipt and security of documents

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1. Form A Selection Panel
The principal is responsible for the selection
process and must establish an expert-based panel
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Principal Selection Panel

• Five members
• School Council President or nominee
• Parent or co-opted member of School Council
  selected by School Council
• Two nominees of the Secretary, Department of
  Education and Early Childhood Development
• one of whom must be a practising principal
  with relevant experience
• Staff member elected from the staff of the school
• At least one member of each gender
• A person accredited by MPB in the principles of
  merit and equity

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Other selection panels

• Minimum of three persons
• One merit protection accredited
• Gender representation
• Note
• 1 Accredited person for principal panels
• 2 Accredited teacher for teacher panels
• 3 Accredited person for SSO panels

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The chairperson co-ordinates the selection
process.
Roles of panel members
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The Accredited Panel Member

• Is a full member of the selection panel
• Assists the selection panel and other relevant
  persons associated with the selection process to
  understand the application of merit and equity in
  staff selection
• Assists the panel to ensure appropriate processes
  have been undertaken prior to interviews
• Distributes MPB documents such as good practice
  checklist, common biases in selection and hints
  for best practice with referee reports

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• Note In Principal selection - should meet with
  School Council at the start of the process to
  explain panels processes and Councils rights
  and responsibilities

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All panel members

• Declare and resolve any conflict of interest or
  potential bias
• Declare and record prior knowledge of any
  applicants in relation to the selection criteria
• Have a detailed knowledge of the requirements of
  the job
• Fairly assess the relative efficiency of
  applicants against the selection criteria for the
  job
• Observe confidentiality throughout and following
  the process

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2. Develop a Selection Strategy

• To ensure a comprehensive and appropriate
  selection process including
• agreed selection techniques, eg shortlisting
  processes, use of referees and a method for
  rating applicants
• importance of selection criteria
• dealing with panel members prior knowledge of
  applicants
• Note Adequate notes should be kept of the
  panels selection strategy, especially comments
  of referees

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3. Information Gatheringmust relate to the
criteria

• A variety of approaches may be used
• written application
• structured interview, including
• behavioural questioning
• referee checks
• prior knowledge
• work samples
• problem solving
• presentations

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4. Shortlisting

• Identify those who best meet the criteria
• Must be systematic, fair and consistent
• Is on the basis of an agreed ranking and
  short-listing system

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• All applications should be read and ranked
  against the selection criteria by all panel
  members
• Must be inclusive
• Referees may be used to shortlist where
  necessary (questions must be based on criteria)
• Only nominated referees may be contacted at the
  shortlisting stage of the selection process
• Check for qualifications - tags (e.g. LOTE,
  Special Ed.)
• Write a brief report for each non short-listed
  applicant

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Good Practice ! Before interview advise
short-listed applicants of

• venue, date and time
• the members of the selection panel
• the selection strategies to be used
• the panels ability to use non-nominated referees

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Good Practice ! Prior Knowledge

• Where a panel member has prior knowledge of an
  applicant it should be used
• Chairperson should record panel members prior
  knowledge of applicants and the resolution of any
  conflict of interest or potential bias
• Chairperson should invite panel members to record
  their prior knowledge of applicants in relation
  to the selection criteria

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• Prior knowledge should be kept confidential until
  the deliberation stage
• Chairperson asks panel members if their prior
  knowledge has been revealed through the
  application, interview and referee checks
• If panel members need to declare their prior
  knowledge it must be validated by contacting
  people other than members of the panel

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Interviewshould be a positive process for all
concerned

• 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 written
  application, detailed referee checks and prior
  knowledge (where it is able to be used)

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The Merit Protection Boards

• Roles
• 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 10 Misconduct and
  Inefficiency).

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Merit Protection Board Membership

• Chairperson nominated by the Minister
• Secretarys Nominee
• Teacher nominated by the Minister
• All are appointed by the Governor in Council

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Types of Appeals and Grievances

• Incapacity appeals (excluding non-teaching
  employees)
• Selection grievances
• Personal grievances, including discrimination and
  sexual harassment (an attempt to conciliate must
  be made)
• Applications for appeals and grievances must be
  lodged within 14 days of notification of decision

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Incapacity Appeals

• Termination of employment due to physical or
  mental incapacity

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DEECD Process

• Inquiry by the Secretary or delegate (does not
  necessitate hearing)
• If allegations are substantiated, the
  Secretary/delegate may terminate the employment
  of the officer/employee
• Secretary must advise right of appeal
• 14 days to appeal to MPB

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Outcomes of Incapacity Appeals

• The MPB may
• Allow the appeal and order reinstatement in the
  Teaching Service
• Dismiss the appeal

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Selection Grievance

• Grounds -
• deficiencies in the process preventing selection
  on merit, or
• the selection decision is manifestly inconsistent
  with the evidence of the nature of the vacant
  office or the school in which the vacancy occurs
  or of the qualifications and experience of the
  applicant and the officer provisionally
  transferred or promoted.

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Grounds for the Review of selection decisions are
set out in the following Orders

• ETRA s2.4.54 (2) and Order 2 Principals
• ETRA s2.4.54 (2) and TSO 185 Assistant
  Principals, Liaison Principals
• ETRA s2.4.51 (2) and TSO 186 - Teachers
• ETRA s2.4.51 (2) and Order 188 School Services
  Officers

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Eligibility to lodge a Selection Grievance

• To be eligible to lodge a grievance a principal
  class officer, or any ongoing employee must
• Have been an applicant for the job
• Be eligible and qualified to apply for the job,
  and
• Have grounds for seeking a review of the
  selection decision.

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• There is no right of review at the Merit
  Protection Boards where an external applicant or
  fixed-term employee is selected for a job or
  where no appointment has been made.
• There is no entitlement for external applicants
  or fixed-term employees to lodge a selection
  grievance with the MPB.
• Casual employees are not eligible to lodge a
  selection grievance

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Outcomes of Selection Grievances for Principals
and Teachers

• The MPB may
• confirm the provisional promotion or transfer be
  confirmed or
• order the decision maker (Secretary, selection
  panel, principal or School Council) to reconsider
  the provisional promotion or transfer

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• after the decision maker reviews the MPBs order
  to reconsider, and makes the same recommendation,
  the MPB must then review the provisional transfer
  or promotion
• before the final review, the appellant is invited
  to comment on the reasons given for making the
  same decision

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The Board may then

• order the provisional transfer or promotion be
  confirmed or
• if satisfied that the same or similar grounds for
  review continue to apply, order that the position
  be re-advertised.

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Outcomes of Selection Grievances for Non-Teaching
Employees

• The MPB may
• confirm the selection decision
• order the appropriate body to reconsider its
  decision
• order the position be re-advertised

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Personal Grievance

• Grounds -
• 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 unreasonable

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Outcomes of a Personal Grievance

• The Senior Chairperson may in accordance with
  the following Orders
• TSO 189 (principals)
• TSO 186 (teachers)
• TSO 184 (casual relief teachers)
• Order 188 (SSOs)
• confirm or
• vary or quash the action or
• recommend such other action that may be
  appropriate

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Non renewal of contract for Principals and
Leading Teachers

• Grounds -
• The renewal process was procedurally deficient
  or
• The decision is demonstrably inconsistent with
  the evidence presented

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Outcomes of a Personal Grievance Re non-renewal
of a contract

• The Senior Chairperson may in accordance with TSO
  186-
• Order the decision maker to
• reconsider the renewal decision or
• correct the procedural deficiency in the renewal
  process or
• confirm the renewal decision

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Hearing Process for Personal and Selection
Grievances

• Application
• Response from decision maker
• Copy provided to appellant
• Hearing
• Decision

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Disciplinary Appeals Boards

• Role
• To hear and determine appeals in relation to
  decisions of the Secretary

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Disciplinary Appeals BoardsMembership

• Chairperson not less than 5 years legal
  practice
• Secretarys Nominee knowledge of or experience
  in education, education administration or public
  sector administration
• Ministers Nominee officer in the Teaching
  Service

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DEECD Disciplinary Process

• Inquiry by the Secretary/delegate
• If charges are substantiated, Secretary/delegate
  can
• reprimand
• fine up to 5000
• reduce classification
• terminate employment
• 14 days to appeal to DAB

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Outcome of Disciplinary Appeals

• The DAB may
• allow the appeal in whole or in part and vary the
  decision of the Secretary/delegate, or
• dismiss the appeal

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• The Merit Protection Boards and Disciplinary
  Appeals Boards must ensure that hearings are
  conducted in accordance with the principles of
  natural justice that provide for both sides to
  have the opportunity to present their case before
  an independent body, and to hear and comment on
  the other partys version of the events

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• The decision of a Merit Protection Board or
  Disciplinary Appeals Board is final, subject only
  to a right of appeal to the Supreme Court of
  Victoria on a question of law

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