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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.


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.



> 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.



> 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.


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


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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


Fair

and

Reas

onab

le

Trea

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t

Deci

sion

s to

sel

ect

som

eone

can

be

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Equa

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ar

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wor

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f di

scrim

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Hum

an

Righ

ts

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w

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andi

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s’

priva

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s ar

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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

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