Hon. John Lloyd PSM
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 2015. 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
September 2015
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. Merit-based recruitment is also conducted through the establishment of Independent Selection Advisory Committees (ISACs).
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 ISACs, the Merit Protection Commissioner promotes merit-based recruitment and provides independent assurance on the quality of selection outcomes.
Focus on the year
In 2014–15 the legislative changes affecting the review functions of the Merit Protection Commissioner were fully embedded. Work has also commenced on updating policies and guidelines, supporting documents, and the website, relating to the Merit Protection Commissioner role.
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.
The Merit Protection Commissioner was consulted on the Public Service Commissioner’s submission to the Senate Standing Committee on Finance and Public Administration’s Inquiry into the Performance of the Parliamentary Service in October 2014.
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 in the Parliamentary Service.
The two main categories of reviews conducted by the Merit Protection Commissioner in 2014–15 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 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 three applications for review received by the Merit Protection Commissioner in 2014–15 and two on hand at the beginning of the year. Four applications were related to Code of Conduct matters and, of these, two were finalised and two remained on hand at the end of the reporting period. The finalised reviews were both completed within the target timeframe of 14 weeks and the agency decisions were upheld. The other application was for a secondary review that was not accepted as review was not considered justified in all the circumstances.
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.
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 1 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 2014–15, the Merit Protection Commissioner convened one PRC to consider applications for review of three promotions arising from a selection exercise finalised in October 2014. The PRC upheld the three promotions decisions.
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. This effectively removes one level of recruitment administration for a department.
In 2014–15, the Merit Protection Commissioner finalised one request for an Independent Selection Advisory Committee (ISAC) from the Department of Parliamentary Services. The ISAC considered 121 applicants and recommended 21 applicants to the Secretary to fill the vacancies.
Other functions
The functions of the Merit Protection Commissioner include:
- 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 2014–15.
Outlook for the coming year
The work of the Merit Protection Commissioner is largely demand-driven. Levels of casework are expected to be small.
During the year, the updates to policies, guidelines and supporting documents will be finalised and will be reflected in changes made to the website.
The changes to the PS Act in July 2013 enable the Merit Protection Commissioner to inquire into alleged breaches of the Code of Conduct on a fee-for-service basis. Over the next year I will be working towards establishing a panel of skilled persons to investigate Code breaches. This option will be available to departments and could assist with complex and contested cases that would benefit from an independent and credible investigation.
During 2015–16, I will be marketing ISACs to departments as a cost-effective way of selecting staff. The initial costs of establishing an ISAC are outweighed by savings in time and productivity through reducing the prospect of eliminating the need for promotion review. ISACs also provide departments and employees with greater confidence in the fairness and integrity of the selection process and outcomes.
The Merit Protection Commissioner will discuss with the Parliamentary Service departments 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 2014–15, Ms Karin Fisher acted as Merit Protection Commissioner for the period
8 August to 17 October 2014 and Ms Amanda MacDonald for the period 23 June to 30 June 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 2014–15, the Merit Protection Commissioner was 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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