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Letter of transmittal text description
Dear Parliamentary Service Commissioner
I have pleasure in presenting the Parliamentary Service Merit Protection Commissioner’s annual report for the year ended 30 June 2016. Section 49 of the Parliamentary Service Act 1999 requires that, after the end of the each financial year, the Commissioner must give a report to the Parliamentary Service Commissioner on the activities of the Commissioner during the year.
Yours sincerely
Annwyn Godwin
Parliamentary Service Merit Protection Commissioner
30 August 2016
Overview
The Parliamentary Service Merit Protection Commissioner (the Merit Protection Commissioner) is responsible for independent and impartial review of employment actions in the Parliamentary Service. Merit-based recruitment is also conducted through the establishment of independent selection advisory committees (ISACs).
The Merit Protection Commissioner provides assurance that the Parliamentary Service Employment Principles and Values are applied effectively by Parliamentary Service decision-makers with respect to staffing decisions. By reviewing departmental decisions the Merit Protection Commissioner supports fair, transparent, and ethical decision-making. Through promotion reviews and ISACs, the Merit Protection Commissioner supports merit-based recruitment and provides independent assurance on the quality of selection outcomes.
Focus on the year
Discussions were held between staff supporting the Merit Protection Commissioner and the Parliamentary Service Liaison Officer until the position was abolished in March 2016. These meetings discussed the policy framework supporting the functions of the Merit Protection Commissioner and the handling of routine correspondence.
Policies and guidelines, supporting documents, and the website, relating to the Merit Protection Commissioner role were discussed and updated during 2015–16.
The Merit Protection Commissioner met with the Secretary of the Department of Parliamentary Services on a number of occasions in 2015–16. These meetings discussed trends in review and integrity issues and, options to improve employment-related decision-making.
The Merit Protection Commissioner also sat on a selection panel for a Band 2 position within the Department of Parliamentary Services. This was as the Parliamentary Service Commissioner’s representative in accordance with clause 21 of the Parliamentary Service Determination 2013.
Outcomes for the year
Review of action performance
The review system, established under section 33 of the Parliamentary Service Act 1999 (the PS Act) and by the Parliamentary Service Determination 2013 (the Determination), allows Parliamentary Service employees to seek review of employment actions.
Parliamentary Service employees are able to apply directly to the Merit Protection Commissioner for a review of a determination that they have breached the Code of Conduct, and/or sanctions imposed as a result of that breach. Employees are also able to apply for review by the Merit Protection Commissioner of other employment decisions if they are not satisfied with the review undertaken in the parliamentary department.
In 2015–16, the Merit Protection Commissioner conducted reviews of breaches of the Parliamentary Service Code of Conduct and/or sanctions imposed. No applications for review of other employment actions were received. All casework received was submitted by employees in the Department of Parliamentary Services (the Department).
There were three applications for review received by the Merit Protection Commissioner in 2015–16 and two on hand at the beginning of the year. The five applications related to Code of Conduct matters. Of these, one was not accepted as the application was made outside the required timeframe and one lapsed as the Department decided to commence a new investigation. The one finalised review relating to the imposition of a sanction was completed within the target timeframe of 14 weeks and the Department’s decision was upheld. The remaining two cases on hand at the end of the reporting period, were still well within the target date for completion.
The PS Act also provides a right of review by the Merit Protection Commissioner of a determination that a former Parliamentary Service employee has breached the Code of Conduct where that finding was made after the employee left the employment and was related to actions the employee took when employed in the Parliamentary Service (Part 11, Division 4 of the Determination). No requests were received from former employees during the reporting period.
Promotion review performance
The Merit Protection Commissioner establishes promotion review committees (PRCs) to conduct merits review of promotion decisions for jobs in Parliamentary classification groups 2 to 6. A PRC comprises a convenor, a nominee from the relevant department and a third member nominated by the Merit Protection Commissioner.
The only ground for a review of a promotion decision is merit. The PRC has the power to confirm the promotion decision made by the department or substitute a different decision.
In 2015–16, the Merit Protection Commissioner convened one PRC to consider applications for review of three promotions arising from a selection exercise in the Department of Parliamentary Services finalised in November 2015. The PRC upheld the three promotions decisions. The PRC was completed within the eight week target timeframe.
Promotion reviews provide assurance of the integrity of the process and the outcome.
Independent selection advisory committee (ISAC) performance
An ISAC is an independent three-member committee that makes recommendations to a Secretary about the suitability of candidates for employment opportunities at the Parliamentary Service 1–6 levels. An ISAC’s recommendation is not binding on a Secretary; however, if it is accepted, any resulting promotion decisions are not subject to promotion review.
ISACs provide departments and their employees with greater confidence in the fairness and integrity of the selection process and outcomes.
There were no requests for the establishment of an ISAC in 2015–16.
Other functions
The functions of the Merit Protection Commissioner include:
- inquiring into and determining whether a Parliamentary Service employee, or former employee, has breached the Code of Conduct. (The request is made by the relevant Secretary and must have the written agreement of the Parliamentary Service employee or former employee).
- investigating a complaint by a former Parliamentary Service employee that relates to the employee’s final entitlements on separation from the Parliamentary Service.
In late June 2016, the Merit Protection Commissioner received a request for an inquiry into an alleged breach of the Code of Conduct from the Department of Parliamentary Services. The inquiry commenced in July 2016.
The Merit Protection Commissioner was not required to investigate any complaints relating to separation entitlements in 2015–16.
Outlook for the coming year
The work of the Merit Protection Commissioner is largely demand-driven. Levels of casework are expected to be small.
The Merit Protection Commissioner will continue to work with departmental Secretaries to increase awareness amongst Parliamentary Service employees of the review of actions scheme. The intent is to reassure staff that there is an independent assessment process which provides a high level of assurance that employment-based decisions are fair and made in accordance with the relevant legislative and policy framework. The Merit Protection Commissioner will discuss with Parliamentary Service departments lessons learned from her casework as required.
Where appropriate, the Merit Protection Commissioner will work with department heads to promote cultural change. The approach will be tailored to address areas of specified concern.
The other focus for the year will be informing Parliamentary Service departments of the Merit Protection Commissioner’s fee-for-service functions as a means to improve decision-making.
The Merit Protection Commissioner has established a panel of skilled persons to inquire into alleged breaches of the Code of Conduct on a fee-for-service basis. This service can assist with complex and contested cases that would benefit from an independent and credible investigation. A memorandum of understanding between the Department of Parliamentary Services and the Merit Protection Commissioner for the provision of Code of Conduct inquiries was signed in July 2016. The Merit Protection Commissioner will arrange meetings with senior management in the other departments to discuss the service and its potential benefits.
In 2016–17, the Merit Protection Commissioner will provide information on ISACs to departments as a cost-effective way of selecting staff.
Governance, management and accountability
The Merit Protection Commissioner is Ms Annwyn Godwin. Ms Godwin was reappointed by the Presiding Officers for a second five year term in January 2013.
During 2015–16, Ms Amanda MacDonald acted as Merit Protection Commissioner for the period 1 July to 21 August 2015 and Ms Kay Ransome for the period 22 August to 11 September 2015.
Role and functions
The Merit Protection Commissioner is an independent statutory office established under section 47
of the PS Act.
The Merit Protection Commissioner’s functions under the PS Act are set out in subsection 48(1) of the Act and in Parts 8, 9, 11 and 12 of the Determination.
Organisational structure
The Australian Public Service Commissioner, under subsection 49(2) of the Public Service Act 1999, makes available the services of employees of the Australian Public Service Commission to assist the Merit Protection Commissioner in the performance of her functions including her functions as Parliamentary Service Merit Protection Commissioner. In this role, the employees are accountable
to the Parliamentary Service Merit Protection Commissioner.
In 2015–16, the Merit Protection Commissioner was supported by staff in the Office of the Merit Protection Commissioner within the Australian Public Service Commission. The majority of these employees are located in Sydney.
The Merit Protection Commissioner received some assistance from the Parliamentary Service Liaison Officer who was an employee of the Department of Parliamentary Services. This standalone role was discontinued in March 2016 and the work transferred to the Department of Parliamentary Services legal team.
There is no appropriation for the Merit Protection Commissioner and her activities are included in the financial statements of the Australian Public Service Commission.
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