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STANDARDSFOR APPLICATION OF THEVICTORIAN PUBLIC SECTOREMPLOYMENT PRINCIPLES
STANDARDSFOR APPLICATION OF THEVICTORIAN PUBLIC SECTOREMPLOYMENT PRINCIPLES
The Victorian Government has vested the Victorian Public SectorCommission with functions designed to enhance the performance of the public sector – fostering the development of an efficient, integratedand responsive public sector which is highly ethical, accountable andprofessional in the ways it delivers services to the Victorian community.
The key functions of the Commission are to:> strengthen the efficiency, effectiveness and capability of the
public sector in order to meet existing and emerging needs and deliver high quality services; and
> maintain and advocate for public sector professionalism and integrity.
ISBN 978-1-925551-21-1
© State of Victoria (Victorian Public Sector Commission) 2017
This work is licensed under a Creative Commons Attribution 4.0 licence.You are free to re-use the work under that licence, on the condition thatyou credit the State of Victoria (Victorian Public Sector Commission) asauthor, indicate if changes were made and comply with the other licenceterms. The licence does not apply to any branding, including the VictorianGovernment logo and the Victorian Public Sector Commission logo.
Copyright queries may be directed to [email protected]
Currency
This is Standards for application of the Victorian Public SectorEmployment Principles, version 1.0 published in February 2017.
Subsequent versions may be published from time to time. Always check for updates at:http://vpsc.vic.gov.au/employment-principles-and-standards/
Inquiries
3 Treasury PlaceMelbourne 3002
Email: [email protected]: (03) 9651 1321www.vpsc.vic.gov.au
Standards for Application of the Victorian Public Sector Employment Principles iii
Standards for Application of the Public Sector Employment Principles 2017
Public Administration Act 2004
Section 62
Standards Issued by the
Victorian Public Sector Commissioner
I, Belinda Clark, Victorian Public Sector Commissioner,under section 62 of the Public Administration Act 2004(“the Act”), issue the Standards for Application of the PublicSector Employment Principles 2017 (“2017 Standards”) asattached, in substitution of the Standards previously issuedon 31 August 2006.
I determine that the 2017 Standards apply to and arebinding on all public sector bodies and the persons theyemploy unless excluded by a specific declaration issued by the Victorian Public Sector Commissioner.
The 2017 Standards take effect on 1 February 2017.
Belinda Clark QSOVictorian Public Sector Commissioner
Date: 11 January 2017
A positive workplace culture has many benefits. Theorganisation is seen as a good place to work and cantherefore attract the best candidates. Good staff remainwith the organisation, become its best ambassadors andwork together effectively to achieve the organisation’sobjectives.
One of the foundations of a positive workplace culture is the organisation’s written employment policies. These definethe relationship between the employer and employees. Theycover all aspects of the employee life cycle from attractionto separation. They ensure that employees are treated fairlyand consistently.
In Victoria, public sector employers must have employmentprocesses that are consistent with the public sectoremployment principles. The Victorian Public SectorCommission has issued standards to help guide employerswhen they are reviewing or developing their employmentprocesses.
Foreword
iv Standards for Application of the Victorian Public Sector Employment Principles
Standards for Application of the Victorian Public Sector Employment Principles v
Foreword iv
Introduction 1
Standards 3
Applying the principles to specific 8
employment processes
The principles are inter-related 11
Definitions 13
Contents
Standards for Application of the Victorian Public Sector Employment Principles 1
What are the public sector employment principles?
The principles underpin employment processes within the Victorian public sector. Section 8 of the PublicAdministration Act 2004 (the Act) requires Victorian public sector employers to establish employment processes that will ensure that:
> Public sector employees are treated fairly andreasonably.
> Employment decisions are based on merit.
> Equal employment opportunity is provided.
> Human rights as set out in the Charter of HumanRights and Responsibilities are upheld.
> Public sector employees have a reasonable avenue of redress against unfair or unreasonable treatment.
> In the case of public service bodies, the developmentof a career public service is fostered.
Introduction
2 Standards for Application of the Victorian Public Sector Employment Principles
What are the standards?
The standards guide the development of employmentprocesses. Section 62 of the Act requires the VictorianPublic Sector Commission to issue binding standardsconcerning application of the public sector employmentprinciples.
The standards identify the essential concepts that must be incorporated in an organisation’s employment processesto ensure that the principles apply at work.
What else do public sector employers need to consider?
The principles and standards are to be considered inconjunction with any integrity regulations, award, enterpriseagreement or national employment standard that alsoapplies to the Victorian public sector organisation.Additionally any privacy or occupational health and safetylegislation will also apply.
Standards for Application of the Victorian Public Sector Employment Principles 3
General considerations for public sector employers
applying the principles
Public sector employers must ensure:
> They comply with the principles and standards.
> Their employees are aware of the requirements of theprinciples and standards, how they apply to decisionsand actions in which they are involved, and themanner in which those decisions and actions may be reviewed.
> All managers are provided with adequate information,guidance, training and support in applying theprinciples and standards.
> Relevant processes are regularly reviewed foreffectiveness.
> The quality of decision making is monitored againstthe requirements of these standards.
Standards
> Workplaces are harassment-free.
> No person is subject to threats or other detriment as a result of bringing a complaint regarding a possiblebreach of the values, code, principles or thesestandards.
Fair and Reasonable Treatment
Employees are treated fairly and reasonably when:
> Processes are fair, clear, and applied consistently incomparable circumstances.
> Criteria are relevant, objective and readily available tothe people subject to the decision.
> Decisions and actions are free of bias and unlawfuldiscrimination.
> Documentation is sufficiently clear and comprehensiveto make decisions transparent and capable of effectivereview.
> There are no other grounds which contribute to unfairand unreasonable treatment.
Merit in Employment
Employment decisions are based on merit when:
> Individuals’ work-related qualities, abilities andpotential are assessed against the genuinerequirements of the employment opportunity.
> Employees are appointed or promoted on the basis of relative ability.
4 Standards for Application of the Victorian Public Sector Employment Principles
Standards for Application of the Victorian Public Sector Employment Principles 5
> Processes are transparent and designed to identify a suitable field of qualified candidates.
> Employees are appointed or promoted from a limitedfield of candidates only where candidates are identifiedbased on objective criteria.
> Employees are assigned duties or transferred to rolesat an equivalent level based on a proper assessmentof the employee against the genuine requirements ofthe duties or role.
Equal Employment Opportunity
Equal employment opportunity (EEO) is provided when:
> An EEO policy statement is in place, available andreflected in all relevant processes.
> Policies comply with applicable equal opportunity lawsand support diversity across the workforce.
> EEO strategies are incorporated into workforce plansand promoted throughout the workplace.
> Decisions and actions affecting employees are notinfluenced by irrelevant personal characteristics.
> Employers are notified of any discrimination or sexualharassment complaints in their organisation and thefindings of associated investigations.
> EEO data is monitored and evaluated on a regularbasis.
Human Rights
Human rights as set out in the Victorian Charter of HumanRights and Responsibilities are upheld when:
> Decisions give proper consideration to relevant humanrights.
> Decisions and actions are compatible with humanrights.
> Any limits put on a right are reasonable, necessary,justified and proportionate.
Reasonable Avenue of Redress
Employees have a reasonable avenue of redress againstunfair or unreasonable treatment when:
> Employee workplace issues are addressed in aneffective and timely manner.
> A written procedure, detailing the review process andthe rights and responsibilities of participants, isavailable and communicated to all employees.
> Procedures encourage parties to resolve workplaceissues locally and informally, before applying moreformal local or external processes.
> Reviews are based on a consideration of all relevantfacts and evidence.
6 Standards for Application of the Victorian Public Sector Employment Principles
Standards for Application of the Victorian Public Sector Employment Principles 7
> Appropriate delegation and accountability is assignedto enable a workplace issue to be effectivelyconsidered.
> The principles of natural justice and proceduralfairness are applied throughout a review process.
Career Public Service
In public service bodies, the development of a career publicservice is fostered when:
> Career information is readily accessible in ways, inlocations and at times that reflect the diverse needs of current and potential employees.
> Career information is relevant to people of all ages andat different points of their life but particularly duringtransitions such as entry to the workforce, return fromparental leave or planning for retirement.
> Performance management conversations are used to develop employees’ career-management skills byencouraging them to reflect on their ambitions,interests, qualifications and abilities in relation topossible learning and work opportunities.
> The focus is on life-long learning and sustainedemployability so that employees can more readilymove across occupational boundaries or changecareers.
8 Standards for Application of the Victorian Public Sector Employment Principles
This chart gives examples of how the principles applythroughout the employee life cycle from attraction toseparation. Managers will generally need to consider theapplication of each principle, and when they compete,decide which takes precedence. For example the aim ofattracting a competitive field of candidates may bebalanced against the aim of advancing a disadvantagedgroup. In this situation, applications might only be soughtfrom the disadvantaged group, if that aim took precedence.These examples are not exhaustive.
Applying the principles to specific employmentprocesses
Standards for Application of the Victorian Public Sector Employment Principles 9
Prin
cipl
eAt
trac
tSe
lect
Indu
ctM
anag
eDe
velo
pRe
war
dSe
para
te
Fair
and
Reas
onab
leTr
eatm
ent
Any
limits
on
adve
rtisi
ng
are
just
ified
Cand
idat
es a
rera
ted
agai
nst
clea
r crit
eria
in
a w
ritte
n se
lect
ion
repo
rt
Empl
oyee
s ar
e pr
ovid
edw
ith re
leva
ntin
form
atio
nan
d re
sour
ces
Wor
kloa
d is
man
agea
ble
and
cons
iste
nt w
ith
class
ificat
ion
Empl
oyee
sha
ve a
n op
portu
nity
tode
velo
p th
eir
skills
in fo
rmal
or o
n-th
e-jo
btra
inin
g
Rew
ards
ar
e ap
plie
dco
nsis
tent
lyan
d fa
irly
Deci
sion
s to
term
inat
eem
ploy
men
tar
e ba
sed
on
oper
atio
nal
need
s
Mer
it in
Em
ploy
men
tAd
verti
sem
ents
attra
ct a
co
mpe
titive
field
of
cand
idat
es
The
best
av
aila
ble
cand
idat
e is
sel
ecte
d
Indu
ctio
n re
info
rces
that
all e
mpl
oym
ent
deci
sion
s ar
eba
sed
on
mer
it
Wor
k is
as
sign
edba
sed
on
inte
rest
s an
d ca
pabi
lity
Deve
lopm
ent
oppo
rtuni
ties
are
fairl
y co
ntes
ted
Good
pe
rform
ance
is
reco
gnis
ed
Surp
lus
empl
oyee
s ar
ere
depl
oyed
tojo
bs th
atm
atch
thei
rsk
ills w
here
poss
ible
Equa
l Em
ploy
men
tOp
portu
nity
Adve
rtise
men
tsar
e in
clus
ivean
d ba
sed
on in
here
nt
requ
irem
ents
Reas
onab
lead
just
men
tsar
e m
ade
to th
e se
lect
ion
proc
ess
whe
n ne
cess
ary
Reas
onab
lead
just
men
tsar
e m
ade
to th
e w
orkp
lace
whe
n ne
cess
ary
Requ
ests
for
flexib
le w
ork
arra
ngem
ents
are
acco
mm
odat
edw
hene
ver
poss
ible
Age,
gen
der
and
othe
r pr
otec
ted
attri
bute
s ar
eno
bar
rier t
ode
velo
pmen
tor
ad
vanc
emen
t
Parti
cula
rgr
oups
are
no
t tar
gete
d in
effo
rts to
re
duce
the
wor
kfor
ce
Prin
cipl
eAt
trac
tSe
lect
Indu
ctM
anag
eDe
velo
pRe
war
dSe
para
te
Hum
an R
ight
sM
easu
res
may
be ta
ken
to
adva
nce
disa
dvan
tage
dgr
oups
Sele
ctio
npr
oces
ses
do n
ot
unne
cess
arily
inte
rfere
with
cand
idat
es’
right
to p
rivac
y
Empl
oyee
sha
ve th
e rig
htto
pra
ctic
eth
eir
relig
ious
cu
stom
s at
wor
k
Empl
oyee
view
s ar
eso
ught
on
mat
ters
that
affe
ct th
em
Empl
oyee
s ar
e pr
otec
ted
from
disc
rimin
atio
n
Aven
ues
of
Redr
ess
Cand
idat
esm
ay s
eek
feed
back
on
thei
r ap
plic
atio
n
Unsu
cces
sful
cand
idat
esm
ay a
ppea
l an
unf
air
sele
ctio
npr
oces
s
Indu
ctio
n en
cour
ages
empl
oyee
s to
rais
e co
ncer
ns
at a
ny ti
me
Empl
oyee
sm
ay a
ppea
l ade
cisi
on th
at
adve
rsel
y af
fect
s th
em
Empl
oyee
s m
ay a
ppea
l an
unf
air
perfo
rman
cem
anag
emen
tde
cisio
n
Empl
oyee
sm
ay a
ppea
l an
unf
air
dism
issa
l
Care
er
Publ
ic
Serv
ice
Adve
rtise
men
tspr
omot
e th
ead
vant
ages
of
a c
aree
r in
the
publ
icse
rvic
e
Succ
essf
ulca
ndid
ate
isco
mm
itted
to
a pu
blic
se
rvic
e ca
reer
Indu
ctio
n co
vers
the
Wes
tmin
ster
syst
em o
f go
vern
men
t,th
e pu
blic
serv
ice
and
loca
lar
rang
emen
ts
Mob
ility
with
inth
e br
oade
rpu
blic
se
rvic
e is
en
cour
aged
Life
-long
lear
ning
and
deve
lopm
ent
are
enco
urag
ed
Rew
ards
in
clud
e in
tere
stin
g as
sign
men
ts,
care
er
prog
ress
ion
and
deve
lopm
ent
Sepa
ratio
n in
terv
iew
s pr
ovid
e da
ta to
im
prov
e th
e w
orkp
lace
10 Standards for Application of the Victorian Public Sector Employment Principles
Standards for Application of the Victorian Public Sector Employment Principles 11
In many cases, the principles complement one another. For example when a selection panel focuses only on factorsthat are relevant to a person’s ability to perform a job, theyavoid unlawful discrimination and can more readily selectthe best candidate.
These examples are not exhaustive
The principles are inter-related
12 Standards for Application of the Victorian Public Sector Employment Principles
Fair
and
Reas
onab
le
Trea
tmen
t
Deci
sion
s to
sel
ect
som
eone
can
be
just
ified
Equa
l Em
ploy
men
t Op
port
unity
Irrel
evan
t fac
tors
ar
e ig
nore
d
The
wor
kpla
ce
is fr
ee o
f di
scrim
inat
ion
Hum
an
Righ
ts
Proc
esse
s do
not
in
terfe
re a
rbitr
arily
w
ith c
andi
date
s’
priva
cy o
r rep
utat
ion
Deci
sion
s ar
e co
mpa
tible
with
hum
an ri
ghts
Empl
oyee
s ar
e eq
ual b
efor
e th
e la
w
Redr
ess
Empl
oyee
s ca
n co
mpl
ain
abou
t afla
wed
sel
ectio
npr
oces
s
Unfa
ir si
tuat
ions
ar
e re
med
ied
Empl
oyee
s ca
n co
mpl
ain
abou
t di
scrim
inat
ion
Empl
oyee
s ha
ve
a rig
ht to
a fa
ir he
arin
g
Care
er P
ublic
Serv
ice
Empl
oyee
s ha
ve
oppo
rtuni
ties
topr
ogre
ss in
thei
r ca
reer
Wor
king
con
ditio
nsar
e fa
irTh
e w
orkf
orce
is
dive
rse
Empl
oyee
s ar
e fre
eto
join
a u
nion
or
othe
r gro
up
Empl
oyee
s ca
n ra
ise
any
wor
kpla
ce
conc
erns
Mer
itFa
ir an
d Re
ason
able
Trea
tmen
t
Equa
l Em
ploy
men
t Op
port
unity
Hum
an
Righ
tsRe
dres
s
Standards for Application of the Victorian Public Sector Employment Principles 13
The standards and principles use terms that are in common usage:
Career: An occupation undertaken for a significant periodof a person’s life and with opportunities for progress
Equal: Having the same status, rights, or opportunities
Fair: Treating people equally without favouritism ordiscrimination
Human rights1: A right which is believed to belong toevery person
Merit: The quality of being particularly good or worthy,especially so as to deserve praise or reward
Reasonable: Having sound judgement; fair and sensible
Redress: Remedy or set right (an undesirable or unfairsituation)
Source: Oxford Dictionary
1 Human rights are defined in the Charter of Human Rights and Responsibilities Act 2006
Definitions