office of the commissioner for public employment care and protection of children act clearance...

OFFICE OF THE COMMISSIONER FOR PUBLIC EMPLOYMENT

CARE AND PROTECTION OF

CHILDREN ACT

Clearance Notices


• All people engaged in child related employment to hold a clearance notice

• Advice on identifying the positions and employees who may be engaged in child related employment was circulated some months ago. Contact Lisa Hill in OCPE for details

• SafeNT is responsible for clearance notices• Clearance notices required from September 2010• SafeNT processing applications from February 2010• Communication campaign in March 2010• Issues still around payment and record keeping.


PUBLIC INTEREST DISCLOSURE ACT

(WHISTLEBLOWERS)

Investigations under PSEMA


• PIDA covers matters that would usually be investigated under the discipline provisions of PSEMA

• Legal advice sought to clarify how this is resolved. Advice:

• Not every communication to a CEO revealing ‘improper conduct’ is a ‘disclosure’

• Has to be either made in express reliance upon the PIDA or, if it is plain that the person is acting in the capacity of a “whistleblower” as term generally understood

Commissioner for Public

Interest Disclosures (CPID)

Commissioner for Public Employment (CPE)

Additional function under s14 of PSEMA

CPE may investigate using powers under s13(p) and s15 of PSEMA

OR pass on to Agency CE

Agency Chief ExecutiveThe matter ceases to be investigated under PIDA

(although the discloser retains the protections of PIDA)

Disclosure made under the Public Interest Disclosures Act

Intersection of PIDA and PSEMA and Disclosure of Confidential Information

CPID investigates under PIDA

The CPID may authorise the disclosure of confidential information in order to facilitate the investigation of a public interest disclosure. S/he

may only authorise the disclosure of “identifying information” if it is

relevant and necessary for effective investigation.

This should be considered on a case by case basis and be subject to

discussion between the CPID, CPE and the responsible CE.

The CPID may seek the assistance of staff from the relevant Agency to

assist in the investigation. The matter remains a Public

Interest Disclosure.

S13(p) of PSEMA allows for the imposition of functions on the CPE.

S14(1) of PSEMA allows the Commissioner to do all things

necessary or convenient to be done for or in connection with or incidental

to the performance of his or her functions and the exercising of his

or her powers.S15 provides for special powers of

the CPE.

Part 8 of PSEMA provides for Chief Executive action where a breach of

discipline is suspected.

** This flowchart shows the pathway of addressing a PIDA disclosure in the event that the CPID considers a disclosure, after consultation with the CPE and relevant CE, is properly dealt with under PSEMA.

CE investigates under Part 8

of PSEMA

CPID refers the matter to the CPE under

s22 of PIDA

Insert title of presentation here

Representation of Equal Opportunity Groups in the NTPS


Category June June June June June June June June

Seven-year change2002 2003 2004 2005 2006 2007 2008 2009

Indigenous Australians 4.6% 5.0% 5.7% 6.6% 6.9% 7.3% 7.7% 8.1% 3.5% pts.

People with disability 1.4% 1.3% 1.7% 1.8% 2.1% 1.9% 2.0% 1.8% 0.4% pts.

People from culturally diverse background

2.2% 2.3% 3.6% 4.1% 4.9% 4.7% 4.2% 4.0% 1.8% pts.

Women in executive management(EO1 to ECO6)

26% 26% 27% 31% 32% 34% 37% 40% 14% pts.


Movements in NT Population and NTPS Staff 1983–2009


90

100

110

120

130

140

150

160

170

180

1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009

NTPS Population


Employment Status of NTPS Staff 1998–2009


STATUS 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Change 99 to 09

Permanent 78.0% 76.9% 77.6% 78.1% 78.3% 77.0% 75.5% 75.6% 74.0% 72.3% 70.9% -7.1% pts.

Temporary 19.3% 20.0% 19.5% 18.9% 18.7% 19.6% 21.3% 21.3% 22.1% 23.7% 24.9% 5.6% pts.

Casual 2.5% 2.9% 2.8% 2.8% 2.8% 3.3% 3.2% 3.0% 3.6% 3.7% 4.0% 1.5% pts.

Misc. 0.2% 0.2% 0.1% 0.2% 0.2% 0.2% 0.1% 0.1% 0.3% 0.3% 0.3% 0.1% pts.

100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%


Part-time in the NTPS 1999–2009


STATUS 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Change '99 to '09

Part-time staff 8.4% 9.4% 10.0% 10.7% 11.3% 11.3% 11.4% 11.5% 12.1% 12.2% 12.8% 4.4% pts.


Average Age by Gender NTPS Staff 1994–2009


36

37

38

39

40

41

42

43

44

45

46

Av

era

ge

Ag

e

Males

Overall

Females


Length of Service by Gender NTPS Staff – 2009


0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

Length of Service (years)

Pe

rce

nta

ge

of

Ge

nd

er

Female

Male



0%

2%

4%

6%

8%

10%

12%

14%

16%

<=20

>20- 25

>25- 30

>30- 35

>35- 40

>40- 45

>45- 50

>50- 55

>55- 60

>60- 65

>65-70

>70- 75

>75- 80

>80- 85

>85- 90

> 90


% o

f G

en

der Females

Males

Trend Females

Trend Males

Distribution of Men and Women in the NTPS by Salary Level - June 2009

0%

5%

10%

15%

20%

25%

<= 20 >20 -25

>25 -30

>30 -35

>35 -40

>40 -45

>45 -50

>50 -55

>55 -60

> 60


% o

f G

en

der

Females

Males

Trend Females

Trend Males

Distribution of Men and Women in the NTPS by Salary Level - June 1995

HR Forum December 2009

NTPS Separation and Recruitment Rates by Employment Category: 2003–04 to 2008–09 Permanent Staff


2003-04 2004-05 2005-06 2006-07 2007-08 2008-09

separation

rate %

recruitment

rate %

separation

rate %

recruitment rate

%

separation

rate %

recruitment

rate %

separation

rate %

recruitment

rate %

separation

rate %

recruitment

rate %

separation

rate %

recruitment

rate %

Administrative 8 5 8 4 9 3 9 4 10 4 7 4

Professional 11 7 10 8 15 8 12 8 13 7 11 8

Technical 11 6 9 7 10 7 10 8 13 8 9 7

Physical 11 7 12 7 13 10 12 6 10 8 9 9

Teaching 12 9 14 3 10 1 8 0 7 0 8 0

Health Workers 14 9 11 11 15 8 13 6 11 7 11 9

Uniformed 7 12 7 10 8 8 8 9 9 8 7 11

TOTAL 10 7 10 6 11 5 10 5 10 5 8 5

HR Forum December 2009

NTPS Separation and Recruitment Rates by Employment Category: 2003–04 to 2008–09 Permanent & Temporary Staff


2003-04 2004-05 2005-06 2006-07 2007-08 2008-09

separation

rate %

recruitment

rate %

separation

rate %

recruitment rate

%

separation

rate %

recruitment

rate %

separation

rate %

recruitment

rate %

separation

rate %

recruitment

rate %

separation

rate %

recruitment

rate %

Administrative 25 32 27 32 27 26 27 30 27 31 25 26

Professional 26 28 26 26 29 28 24 28 29 31 25 30

Technical 18 19 18 20 19 19 20 22 22 23 17 24

Physical 27 29 30 33 29 34 29 32 30 35 25 37

Teaching 20 25 26 23 23 24 24 24 25 29 24 28

Health Workers 53 58 48 59 49 48 44 47 42 47 38 48

Uniformed 8 14 7 13 8 12 8 11 10 9 8 11

Total 26 31 27 31 27 28 26 28 27 31 24 29

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