MERIT PROTECTION COMMISSIONER
ANNWYN GODWIN
Mr Stephen Sedgwick, AO FIPPAA
Parliamentary Service Commissioner
16 Furzer Street
Phillip ACT 2606
Dear Parliamentary Service Commissioner
I have pleasure in presenting to you the Parliamentary Service Merit Protection Commissioner's annual report for the year ended 30 June 2014. 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
Karin Fisher
Acting Merit Protection Commissioner
October 2014
Contents
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 and the conduct of merit-based recruitment through the establishment of Independent Selection Advisory Committees.
In this role the Merit Protection Commissioner provides assurance to the Parliament and the community that the Parliamentary Service Employment Principles and Values are being applied effectively by decision-makers in the Parliamentary Service, with respect to staffing decisions. By reviewing departmental decisions the Merit Protection Commissioner supports fair, transparent, and ethical decision-making. Through her promotion review function and the establishment of Independent Selection Advisory Committees (ISACs), the Merit Protection Commissioner promotes merit-based recruitment.
Focus on the year
The focus for 2013-14 was on embedding the legislative changes affecting the review functions of the Merit Protection Commissioner.
Work was undertaken in response to the changes introduced by the Parliamentary Service Amendment Act 2013 which came into effect on 1 July 2013. The Merit Protection Commissioner issued new Instructions for the conduct of promotion review committees (PRCs) and Independent Selection Advisory Committees (ISACs).
Policies and guidelines, supporting documents and the website were updated to reflect the changes and the new functions of the Merit Protection Commissioner.
The Parliament passed the Public Interest Disclosure Act 2013 (the PID Act) which came into effect on 15 January 2014. The PID scheme has resulted in repeal of the whistleblower scheme in the Parliamentary Service. The Merit Protection Commissioner was consulted on the development of the PID Act and has worked with the Commonwealth Ombudsman, the Inspector-General of Intelligence and Security and the Parliamentary Service Commissioner in implementing the changes.
Discussions were held between staff supporting the Merit Protection Commissioner and the Parliamentary Service Liaison Officer through the year about the policy framework supporting the functions of the Merit Protection Commissioner.
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), gives Parliamentary Service employees the capacity to seek review of employment actions taken by Secretaries of parliamentary departments or Parliamentary Service employees.
The two main categories of reviews conducted by the Merit Protection Commissioner in 2013-14 were:
- reviews of breaches of the Parliamentary Service Code of Conduct and/or sanctions imposed
- reviews of other 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 a breach of the Code. Employees are also able to apply for external review by the Merit Protection Commissioner of other employment decisions if they are not satisfied with the review undertaken in the parliamentary department—these reviews are commonly known as secondary reviews.
There were five applications for review received by the Merit Protection Commissioner in 2013-14. Four applications were related to Code of Conduct matters and of these, two applications lapsed and two applications were on hand at the end of the reporting period. The remaining application was for a secondary review that was not accepted as the department had not conducted a primary review.
The PS Act 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.
Independent Selection Advisory Committees
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.
In 2013-14, the Merit Protection Commissioner finalised one request for an Independent Selection Advisory Committee (ISAC) from the Department of Parliamentary Services. The ISAC considered 121 applications and recommended 21 candidates.
Other functions
The functions of the Merit Protection Commissioner include:
- establishing promotion review committees (PRCs) to conduct merits review of promotion decisions for jobs at the Parliamentary Service 2-6 classifications groups
- inquiries into whistleblower reports made by Parliamentary Service employees (until
15 January 2014)
- investigating a complaint by a former Parliamentary Service employee that relates to the employee's final entitlements on separation from the Parliamentary Service
- 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).
The Merit Protection Commissioner was not required to exercise these functions during 2013-14.
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 issue written procedures for the Commissioner's new function of inquiring into breaches of the Code of Conduct by former employees in certain circumstances.
The Merit Protection Commissioner will discuss with the Parliamentary Service lessons learned from her casework where appropriate.
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 2013-14, Ms Karin Fisher acted as Merit Protection Commissioner for the period 8 August to 25 October 2013.
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.
The Merit Protection Commissioner is supported by staff in the Ethics Group and the Employment Policy and Participation Group of the Australian Public Service Commission.
The majority of these employees are located in Sydney.
The Merit Protection Commissioner receives some assistance from the Parliamentary Service Liaison Officer who is an employee of the Department of Parliamentary Services.
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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