MERIT PROTECTION BOARDS INFORMATION SESSION FOR PRINCIPALS www.mpb.vic.gov.au

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MERIT PROTECTION BOARDS INFORMATION
SESSION FOR PRINCIPALSwww.mpb.vic.gov.au
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How to stay out of the MPB

• Peter Hibbins Senior Chairperson
• Gavan Schwartz Secretarys Nominee

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You Cant

• What you can do is put in place policies and
  procedures that maximise your chance of
  satisfactory outcome when you do have to defend a
  decision at the Board.
• 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.
• Proper application of Policies and Processes may
  still lead to grievances.
• It is a right of the employee to lodge a
  Grievance.

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Overview of Todays Program

• Role of Board
• Statistics
• Documentation of Decisions
• Types of Appeals and Grievances
• Personal Grievances
• Selection Grievances
• Hearings/Advocates
• Importance of School Policies
• Getting Advice

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www.mpb.vic.gov.au/training.htm Contents
include Ministerial Orders / DEECD Human
Resources policies / Good Practice Checklist /
Equal Opportunity resources / DEECD contact
list Note Orders and DEECD policies are
subject to change and should be checked regularly
for currency.
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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 Divisions 9A 10 Unsatisfactory
  Performance / Misconduct).
• To hear reviews and appeals of decisions
  concerning public servants in DEECD (under direct
  delegation of the Secretary)
• 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
  the management of its employees.

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Statistics 1

• Grievances received
• Went to a No
• Received Hearing Conciliated Jurisdiction Withd
  rawn Other 2
• Selection 17 (151) 61 2 11 18 8
• Personal 83 (754) 50 14 3 25 8
• Grievances heard
• Upheld Disallowed
• Selection 52 48
• Personal 55 45
• Referral 16 4
• Compassionate Transfer 10 5
• Employment Conditions 3 8 7
• Leave 5 3

1 905 teaching service grievances were received
between 1 January 2004 and 30 June 2009 2
includes lapsed out of time pending 3 includes
ongoing employment part time employment time
fraction change 4 includes salary entitlements
higher duties in excess annual reviews police
checks
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Documentation of Decisions

• Requirement of Public Administration Act
• Documentation is to be sufficiently clear and
  comprehensive to render decisions transparent and
  capable of effective review (PAA)
• Examples
• - Use of Day Book/Diary / Email confirmation of
  discussion
• - Any decision made about a person should have
  some documentation to record it and why made.
• - Defending decisions requires supporting
  documentation.

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Types of Appeals and Grievances

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

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How we make decisions for Personal Grievances

• 3 Fold test
• - 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
• Conciliation What is conciliation? Proof
• Evidence that an attempt to conciliate must be
  provided to the MPB before a personal grievance
  can be heard

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Personal Grievances

• Decisions that have been the subject of personal
  grievances to the MPB include

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Personal Grievances
Local investigations

• Under performance / Complaints and Misconduct
• - Policies and Practice
• - Role of Conduct and Ethics
• Principal as investigator - DEECD policy
• Issues seen recently - Allegations must be
  clear and indicate the breach
• - Verify any facts
• - Evidence used must relate to the issue
• - Conflict of interest (Investigator / Decision
  maker)
• - Allegations remain constant for the process
• - Decisions must refer to the expected
  behaviours/policies
• - Opportunity to respond
• Natural Justice What is it?

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Selection

• TYPES OF SELECTION
• State-wide advertised
• Higher duties (in school)
• Expressions of Interest
• PROCESSES
• Relative to Each Situation
• A transfer or promotion of an ongoing employee is
  provisional and is subject to review and does not
  have effect pending confirmation (14 days)
• KNOW RECRUITMENT IN SCHOOLS

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Typical Selection Process Issues

• Key Selection Criteria relevant Order
• Panel
• Bias
• Prior Knowledge
• Referees
• Documentation
• How we make selection decisions
• - Process
• - Manifestly Inconsistent

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Priority Status Applicants

• Referrals/Compassionate Transfers
• System Wide
• Policy Awareness
• Influence of Performance Reviews
• Good people involved
• Your school special
• What you would need to prove to the Board

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At the Hearing

• Come prepared - Documentation
• Come with support it becomes lonely in the
  hearing room!
• Know the facts
• Speak briefly
• Comment on the claims of the Appellant.
• You will be given the right of reply.
• You may be required to respond to questions from
  the Board.
• It may be necessary for you to provide an
  explanation on how the decision/action under
  reviewed was arrived at.

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Use of Advocates

• Advocates will
• Clarify the issue/s What are the technical
  aspects?
• Identify how the issues relate to Legislation or
  Policy
• Identify possibilities to come to a conciliated
  outcome
• Give advice on how best to present the case
• Give advice on the hearing process
• Support the Decision Maker in the hearing
• Responding to issues raised
• Answering technical questions
• Ensure the Board is fully informed of all the
  facts
• Ask questions through the chair to emphasise your
  case
• Briefly sum up case at conclusion of Decision
  Makers right of reply

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Testing your policies

• Form basis for decision making in school
• Must not contradict Department policies check
  regularly because they often change.
• Up to date?
• Staff participation in establishing (ownership).
  Form basis for all activities undertaken in
  workplace.
• Are they reasonable?
• Changes in Legislation Family friendly policy
• - Carer Considerations
• - E.O. Act 2008

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Departmental Advice

• Ask the right question
• Any personnel issue go to relevant policy on A-Z
  website
• Get a second opinion check if different from
  first answer
• Record the answer
• Go to the guru!
• Dont rely on mates use your professional
  associations
• www.mpb.vic.gov.au

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Questions/other issues

• Issues not already covered
• Using your Organisations Field
  Officers/Organisers

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Conclusion

• MPB 9651 0290
• www.mpb.vic.gov.au

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