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DRAFT State Service Act 2000

Ministerial Direction No. 25 Title: State Service Vacancy Control Process (SSVCP) Date of issue: April 2011

Contents 1) Purpose 2) Application 3) Legislative Basis and Related Documents 4) Directive 5) Date of operation 6) Review Attachment 1 (State Service Vacancy Control Process) Attachment 1.1 (Employee Performance Assessment Report) Attachment 1.2 (Suitability Assessment Report) 1. Purpose 1.1 The purpose of this Direction is to prescribe the administrative requirements for State Service vacancy control, management of surplus and potentially surplus employees performing targeted duties and the assessment and transfer of surplus employees into vacant positions.

2.

Application 2.1 This Direction applies to permanent employees and Officers who have been identified as surplus employees performing targeted duties or have been advised they occupy potentially targeted duties or who have been declared as surplus under s.47 of the State Service Act 2000 (the Act)(except Heads of Agency and Prescribed Officers). It also applies to all permanent and specified fixed term vacancies arising in State Service Agencies.

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3.

Legislative Basis and Related Documents 3.1 · · State Service Act 2000: Section 33(2) provides that the Premier may transfer a senior executive from one office to another office in another Agency. Section 34(1) provides that Heads of Agency may allocate duties to positions and vary such duties and assign duties to employees within that Agency and vary those duties. Section 41(1) provides for the voluntary transfer of an employee from one Agency to another at a salary level no higher than the salary level before the transfer. Section 41(2) provides for the voluntary transfer of an employee from one Agency to another for a specified period. Section 42(1) provides for the compulsory transfer of an employee at a similar salary level from one Agency to another. Section 47 provides for the declaration of surplus employees by a Head of Agency for the purpose of redeployment to other duties in the State Service.

·

· · ·

4.

Directive 4.1 Pursuant to Section 14 of the Act I hereby direct that the administrative requirements outlined in Attachment 1, apply to the management of vacancies and the placement or transfer of Officers and permanent employees to whom this Direction applies.

5.

Date of Operation 5.1 This Ministerial Direction will take effect from the date of issue and remain in force until a replacement Ministerial Direction is issued or this Direction is rescinded. This Ministerial Direction applies to any applicable vacancy that has not been filled as at the date of issue.

5.2 6.

Review 6.1 The Ministerial Direction will be reviewed 18 months from the date of issue. Issued by authority of the Minister administering the Act pursuant to Section 14(1). / / 2011

Date:

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Lara Giddings Premier

Attachment 1

Administrative and Operational Requirements State Service Vacancy Control Process (SSVCP) 1. Introduction 2. Definitions 3. Internal Agency Vacancy Management 4. Central Vacancy Management 5. Suitability Assessment 6. Voluntary Transfer Following Suitability Assessment 7. Compulsory Transfer Following Suitability Assessment 8. External Job Alternatives 9. Vacancy Exemptions from the SSVCP 10. Clearance of Vacancies 11. Employee Assistance 12. Redeployment Alternatives Not Available 13. Reporting 3 4 4 5 6 7 7 8 8 8 9 9 9

1.

Introduction:

1.1 In line with the need to achieve structural reform and productivities including significant budget savings, some State Service programs or activities will be deferred, reduced or will cease. To support these changes, a vacancy control process is required across the Tasmanian State Service. 1.2 The State Service Vacancy Control Process (SSVCP) supports structural reform and budgetary saving requirements whilst seeking opportunities to minimise the impact on affected State Service employees. 1.3 Heads of Agency will be responsible for managing employees affected by Budget Committee decisions on targeted programs and services. This may include circumstances where: · · · positions, programs or activities are no longer needed; functions being performed by an employee to support a program or activity are no longer required; greater efficiency and effectiveness in the delivery of government services can be obtained changing the way services are provided; and community needs or expectations have changed requiring a change to the delivery of services.

·

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1.4 Heads of Agency are to notify employees as soon as a decision is made that they are in a targeted area and inform them of the options available to them under the Act including this Ministerial Direction. 1.5 Employees working in targeted programs are to be managed sensitively and with respect and are to be provided with information and support as outlined in clause 11 of this Direction to enable them to make considered and timely decisions in relation to the options available to them. Regular formal and informal contact will occur.

2.

Definitions:

means a permanent employee or officer;

2.1 "Employee"

"Similar salary level" means a salary level that is reasonably equivalent to the current salary of the employee. Where an employee is transferred under the provisions of this Ministerial Direction to duties under a different award or agreement any incidental variation in the maximum salary rate will be regarded as being similar.

3.

Internal Agency Vacancy Management:

3.1 Heads of Agency are to establish an Agency Vacancy Management Process to assess internal vacancies and determine whether those duties continue to be required. 3.2 Heads of Agency are to use the following strategies in managing employees and vacancies: · natural attrition following normal separation (abolition of funded vacancies); · reviewing the need for extending fixed term employment; · assigning different duties to existing employees (within the Agency); · increased approval of leave without pay applications; · increased approval of secondments to organisations outside the State Service (where available); · increased use of flexible working arrangements (e.g. part time employment); and/or · workforce re-profiling and utilisation of the Workforce Renewal Incentive Program. 3.3 Where a position becomes vacant and it is determined by the Agency that the duties continue to be required, Agencies must assess whether those duties can be assigned to a surplus employee performing targeted duties including on a shared basis or where the CA0349919 Page 4

duties are of a senior executive or equivalent specialist in nature to an officer at the same or similar salary level. 3.4 Fixed term registers may be used to recruit for casual relief and short term vacancies however it is expected that Agencies will in the first instance examine the potential for surplus Agency employees to perform the duties. 3.5 All actions taken to examine the suitability of surplus and potentially surplus Agency employees against internal vacancies should be documented to demonstrate that genuine attempts have been made to identify alternative duties. Where appropriate a suitability assessment report should be completed, Employee Performance Assessment Report (Attachment 1.1). 3.6 To satisfy the similar salary level requirement a Head of Agency may review and amend the duties of a lower or higher level vacancy so that the classification matches the classification of the abolished position formerly held by the surplus employee. 3.7 Where a reclassification of duties is not practicable a Head of Agency may offer a lower classified vacancy to a surplus employee on a without prejudice basis. Where an employee accepts a lower classified position that will result in a lower salary they must provide their consent in writing in accordance with s.38(2)(a) of the Act and the salary will be maintained for a period of 12 months from the date of transfer. At the conclusion of the 12 month period the employee will receive remuneration at the top salary level of the lower level position into which they have been placed. 3.8 A lower classified vacancy may also be offered on fixed term basis for a period not exceeding 12 months provided the surplus employee's existing salary is maintained during that period. Where such a placement is temporary action will continue in attempts to find a position classified at a similar level. 3.9 Except where specifically exempted below, a Head of Agency who determines that permanent or fixed term duties cannot be assigned to a surplus employee at the same or similar salary level, the Head of Agency is to refer the vacancy to the Public Sector Management Office (PSMO) in the Department of Premier and Cabinet for consideration under the State Service Vacancy Control Process (SSVCP). This referral is to occur before any action is commenced to advertise the duties under Commissioner's Direction No. 1: Employment in the State Service. 4 Central Vacancy Management:

4.1 Where agencies are unable to identify suitable vacancies within the Agency they may declare the employee as surplus to requirements in accordance with the provisions of s.47 of the Act or in the case of a surplus officer advise the Secretary Department of Premier and

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Cabinet that they are surplus to requirements. Declared employees and officers referred to the Secretary Department of Premier and Cabinet will continue to work and be managed in their Agency. The PSMO will centrally manage a process of matching declared employees and referred officers with vacancies occurring across the State Service. 4.2 A Head of Agency shall not declare an employee surplus where there are unresolved issues relating to alleged inability, a breach of the Code of Conduct, under performance or an outstanding Workers Compensation claim. 4.3 Agencies are to nominate an Agency Contact Officer to co-ordinate the referral of vacancies and surplus employees. The Agency Contact Officer will be at a senior executive level and will be directly responsible to the Head of Agency for the purposes of this Direction. The Agency Contact Officer will be responsible to ensure the employee is advised of their status and likelihood of redeployment. 4.4 Agency Contact Officers are to provide PSMO with details of surplus employees in targeted positions who require transfer to new duties. Details are to include the following: · · · · · · · · · · · · full name; contact details; award and classification; hours of work (FTE) current salary and range; commencement date; anniversary date of last appointment; term of contract of employment (officer); details of targeted duties performed by the employee i.e. the statement of duties; details of the employee's skills audit assessment; an up to date Curricula Vitae by the employee; a report on performance from the immediate supervisor and counter signed by the next level manager and employee in accordance with the attached Employee Performance Assessment Report (Attachment 1.1) certification that internal Agency vacancy management has not been successful and indicate the likelihood of reassignment within the Agency including any suitability assessment reports completed.

·

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·

a declaration that there are no unresolved issues relating to alleged inability, a breach of the Code of Conduct, under performance or an outstanding Workers Compensation claim.

4.5 Contact Officers are responsible for keeping the above details up to date and providing PSMO (via the Jobs Website) with full details of any permanent or fixed term vacancy that cannot be filled internally by permanent employees in targeted Agency positions. 4.6 Details of the vacancy are to include the following: · · · a current and complete Statement of Duties including vacancy number; supplementary information concerning the duties and any relevant organisational context (where available); and complete contact details information including email and telephone of the vacancy manager/contact person.

4.7 Employees other than those declared surplus may also express an interest to be considered for transfer at their level on a suitability basis to a vacant state service position. These employees will not be subject to the provisions of Section 47. 5 Suitability Assessment: 5.1 Where the PSMO matches potentially suitable employee/s for transfer to a State Service vacancy their details will be forwarded to the relevant Agency Contact Officer for consideration. Vacancies will not be cleared for advertising without the approval of the PSMO. 5.2 To assess employees referred from the PSMO, Heads of Agency are to establish an assessment panel including a PSMO representative or delegate and will ensure that suitability assessments are undertaken promptly, objectively, fairly and in good faith. Whilst the assessment process will be managed expeditiously, the prime focus will be to ensure that all suitable declared employees are properly considered before a vacancy is cleared for advertising. A report using the Suitability Assessment Report Attachment 1.2 as varied from time to time will be completed. 5.3 An employee's knowledge, skills, qualifications and experience are to be taken into account when assessing them against the selection criteria for the duties to be performed. Where pre-employment checks, essential qualifications have been determined for the duties and/or Award provisions prescribe entry and/or promotion requirements, the employee must satisfy those requirements. 5.4 The purpose of a suitability assessment is only to determine whether the referred employee can satisfactorily carry out the duties either immediately, or within a reasonable time given appropriate training and experience. Suitability assessment is not focused on finding the

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`best person' for the duties but on assessing if the referred person is suitable for the duties given that they have already demonstrated merit at that level. 5.5 Where more than one employee is referred for a suitability assessment for the duties, the candidates are to be ranked in order of suitability. 5.6 The suitability assessment should be undertaken as informally as possible as the process is demonstratively different from regular selection processes which are of their nature competitive. However, appropriate enquiries are to occur in order to fully inform materially relevant information to enable an assessment to be made. 5.7 The suitability assessment is to be documented in all cases and approved by the Head of Agency and or Agency Contact Officer. Agency Contact Officers are to provide copies of the suitability assessment document to the PSMO, including where the referred employee/s have been deemed unsuitable. 5.8 Disputed assessments will be referred to the Secretary of the Department of Premier and Cabinet or his/her delegate for determination. 5.9 Where an employee is assessed as suitable but requires some additional development or training this should be provided to enable development and assist a successful transfer into the new duties. Funding up to a maximum of $2,000 is to be negotiated between the Agencies and arrangements may also be negotiated to support transfers for a specified period. 6 Voluntary Transfer Following Suitability Assessment:

6.1 Where a permanent employee is assessed as suitable for duties in another Agency, the Head of Agency may transfer that employee, with their agreement in writing, to the Head's Agency at a similar salary level in accordance with s.41 of the Act. Where the duties are fixed term, the transfer will be for the specified period. 6.2 In the case of an Officer who is assessed as suitable, PSMO will arrange for the Premier to transfer the Officer under Section 33 of the Act. 7 Compulsory Transfer Following Suitability Assessment:

7.1 If a permanent employee does not agree to a voluntary transfer to another Agency, the Secretary of the Department of Premier and Cabinet under delegation from the Minister administering the Act may in accordance with Section 42, transfer the employee at a similar salary level from one Agency to another, provided that the Secretary is satisfied that the employee can reasonably be required to perform the duties having regard to the employee's knowledge, skills, qualifications and experience.

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8

External Job Alternatives:

8.1 The PSMO will explore career/job opportunities external to the Tasmanian State Service including permanent and fixed term. Agencies will discuss any of these available job options with surplus employees. 8.2 The terms and conditions of any external placement will be negotiated with the relevant parties in accordance with s.46(2) of the Act and be documented. The arrangement may provide for such matters as the parties to the arrangement, including the employee, consider appropriate. The surplus employee will be required to sign an acceptance indicating their agreement to the arrangements. 8.3 The range of provisions under the Act and the Tasmanian State Service Structural Reform and Productivity Strategies as appropriate may be utilised in finalising external job alternatives. 9 Vacancy Exemptions from the State Service Vacancy Control Process:

9.1 The intention of this Direction is to maximise the opportunities for placing and/or transferring employees performing targeted duties into vacant duties arising within the State Service. 9.2 Exemptions from the SSVCP may be sought in special circumstances such as where a vacancy requires specialist qualifications or skills that cannot be readily sourced within the State Service. Where an Agency requires an exemption, approval must be sought from the Director, PSMO supported by a submission detailing: · · · · · · 10 the specialised nature of the duties including qualifications/Award requirements; confirmation that there are no suitable surplus TSS employees; the assessed likelihood of employees in targeted positions being available to fill vacancies; the service delivery impact of delayed recruitment; relevant attraction and retention issues; and/or the special circumstances.

Clearance Of Vacancies:

10.1 Where it is determined that no surplus suitable employees are available, PSMO will clear vacancies for normal advertising in accordance with Commissioner's Direction No. 1.

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11

Employee Assistance:

11.1 The PSMO will establish a schedule of providers that may be available to assist employees. These will include but not be limited to, · · · · · · · Career Planning; Outplacement; Job search; Counselling (Employee Assistance Program); Financial planning; Superannuation; and Taxation.

11.2 Agencies may refer employees at any time to the above support services and will in consultation with their employees, decide the appropriate provider, type and level of advice to assist the employee, having regard to: · · · · 12 the likelihood of transfer or alternative career; whether the employee is eligible for retirement (preservation age); the stage in the SSVCP process; and costs to be met by the employee's agency.

Redeployment Alternatives Not Available:

12.1 Where it is evident that an inter agency transfer is not available within the Act timeframes and other alternatives have not been accepted or are not available, the surplus employee will be advised accordingly. 12.2 At this point alternatives will be tabled and offers of assistance will be agreed. This will be documented prior to advice to the State Service Commissioner under s.47(2) of the Act that an inter agency transfer is not available. 13 Reporting:

13.1 Agencies will maintain relevant details for the purpose of reporting progress, actions and outcomes under the reporting requirement determined for the TSS Structural Reform and Productivity Strategies.

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