Appendix: Review of performance by function

The information on activity and performance provided in Tables M1 to M7 refers to the Merit Protection Commissioner's statutory functions.

Review of employment actions

Section 33 of the PS Act and Part 5 of the Regulations provide a scheme for the review of a broad range of employment actions affecting individual APS employees and, in limited circumstances, former employees. Certain employment decisions, most notably termination of employment, are excluded from the review framework by the legislation.

The three main categories of reviews conducted by the Merit Protection Commissioner are:

• reviews of breaches of the APS Code of Conduct
• reviews of other employment actions
• reviews of promotion decisions.

Table M1 provides information on the number of applications for review (other than promotion review) received and reviews completed in 2014–15. Table M2 provides information on the timeliness with which this function was performed. Both tables compare results for 2014–15 with 2013–14.

The tables refer to primary and secondary reviews. Primary reviews are reviews conducted by the Merit Protection Commissioner without first being reviewed by the agency head. The majority of primary reviews involve reviews of decisions that an APS employee has breached the Code of Conduct, and/or sanctions imposed as a result of a breach of the Code.

Secondary reviews are conducted by the Merit Protection Commissioner in circumstances where:

• the employee is not satisfied with the review conducted by the agency head
• the agency head has told the employee that the matter is not reviewable, but the Merit Protection Commissioner considers that it is.

The target timeframe for completion of primary and secondary reviews is 14 weeks from receipt of application.

Table M3 details the number of reviews by agency.

Table M4 shows the main subject matter and the secondary subject matters for all the cases reviewed in 2014–15.

The data in Table M4 is not directly comparable with the data in Tables M1–M3. While there were 35 applications reviewed, seven employees lodged separate applications for review of the breach determination and the sanction decision involving the same subject matter. Table M4 records the Code of Conduct reviews of the 28 employees. For the other reviews, there may be more than one secondary subject matter so the number of subjects in Table M4 is greater than the number of reviews.

Review of promotion decisions

The Merit Protection Commissioner establishes PRCs to conduct reviews of promotion decisions for jobs at the APS 1 to 6 classifications. A PRC comprises a convenor, a nominee from the relevant agency 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 agency or substitute a different decision.

Details of the promotion review caseload for 2014–15 are in Table M5. In this table, 'case' means an application by one or more APS employees for review of a promotion decision or decisions arising from a discrete agency selection exercise.

Unsuccessful candidates for a promotion may lodge an 'active' application seeking review of a promotion decision. Employees who have been promoted and whose promotion may be subject to review may lodge a 'protective' application against the promotion of other successful candidates. This application will be considered by a PRC only if the employee's promotion is overturned on review.

Table M6 lists those agencies whose promotions attracted review applications, as well as a breakdown of the number of 'active' and 'protective' applications.

Independent Selection Advisory Committees

ISACs are established by the Merit Protection Commissioner at an agency head's request on a fee-for-service basis under Part 4 of the Regulations. ISACs are independent, three-member committees that undertake a staff selection exercise on behalf of an agency and make recommendations to the agency head about the relative suitability of candidates for jobs at the APS 1–6 classifications.

An ISAC consists of a convenor nominated by the Merit Protection Commissioner and two members, one nominated by the Merit Protection Commissioner and one nominated by the agency head. ISACs work within agency recruitment policies and have the flexibility to accommodate a range of selection assessment techniques.

An ISAC's recommendation is not binding on an agency; however, if it is accepted, any resulting promotion decisions are not subject to promotion review.

Table M7 sets out information on ISAC activity for 2014–15 compared to 2013–14.