MPC Annual report 2017–18: Appendix: Review of performance by function
This appendix provides information about the performance of the Merit Protection Commissioner’s statutory functions. Further information about the Merit Protection Commissioner’s functions can be found on the Merit Protection Commission website.
Review of employment actions
Under section 33 of the Public Service Act and Part 5 of the Regulations the Merit Protection Commissioner conduct three main categories of reviews:
- 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 2017–18. Table M2 provides information on the timeliness with which this function was performed. Both tables provide results for 2016–17 for comparison.
The target timeframe for completion of primary and secondary reviews is 14 weeks from receipt of the application.
| CASES | PRIMARY REVIEWS—CODE OF CONDUCT | PRIMARY REVIEWS —OTHER |
SECONDARY REVIEWS | COMPLAINTS/ REVIEWS BY FORMER EMPLOYEES |
TOTAL | |
| 2017–18 | 2017–18 | 2016–17 | ||||
|
On hand at start of year |
7 |
2 |
13 |
1 |
23 |
46 |
|
Received during the period |
55 |
5 |
98 |
8 |
166 |
177 |
|
Total cases |
62 |
7 |
111 |
9 |
189 |
223 |
|
Reviewed |
29 |
2 |
41 |
3 |
75 |
93 |
|
Not accepted |
4 |
1 |
44 |
4 |
53 |
77 |
|
Lapsed or withdrawn |
11 |
1 |
8 |
1 |
21 |
30 |
|
Total finalised during period |
44 |
4 |
93 |
8 |
149 |
200 |
|
On hand at end of year |
18 |
3 |
18 |
1 |
40 |
23 |
Notes: Primary reviews are reviews conducted by the Merit Protection Commissioner (MPC) without first being reviewed by the agency head. Secondary reviews are conducted by the MPC following a review conducted by the agency head or after the agency head decides the matter is not reviewable but the MPC considers it is.
Part 7 of the Regulations covers complaints/reviews by former employees.
| REVIEW TYPE | 2016–17 | 2017–18 | ||
| AVERAGE TIME TO COMPLETE REVIEWS (WEEKS) | COMPLETED WITHIN TARGET TIMEFRAMES (%) | AVERAGE TIME TO COMPLETE REVIEWS (WEEKS) | COMPLETED WITHIN TARGET TIMEFRAMES (%) | |
|
Primary reviews—Code of Conduct |
13.72 |
78 |
11.96 |
79 |
|
Primary reviews—other |
22.36 |
50 |
14.57 |
50 |
|
Secondary reviews |
15.3 |
79 |
11.27 |
78 |
|
Regulation Part 7* |
16.29 |
50 |
7.17 |
66.7 |
| TOTAL REVIEWS | 14.62 | 77.4 | 11.48 | 77.3 |
*Complaints or reviews by former employees
Table M3 details the number of reviews completed, by the agency concerned.
| AGENCY CONCERNED | PRIMARY REVIEWS—CODE OF CONDUCT | PRIMARY REVIEWS—OTHER | SECONDARY REVIEWS | REVIEWS/ COMPLAINTS BY FORMER EMPLOYEES | TOTAL |
|
Department of Human Services |
15 |
0 |
24 |
0 |
39 |
|
Department of Home Affairs & Department of Immigration and Border Protection |
3 |
0 |
4 |
1 |
8 |
|
Department of Defence |
3 |
0 |
2 |
0 |
5 |
|
Australian Taxation Office |
1 |
0 |
3 |
0 |
4 |
|
Administrative Appeals Tribunal |
0 |
0 |
2 |
0 |
2 |
|
Australian Criminal Intelligence Commission |
2 |
0 |
0 |
0 |
2 |
|
Department of Agriculture and Water Resources |
2 |
0 |
0 |
0 |
2 |
|
Department of the Prime Minister and Cabinet |
1 |
0 |
1 |
0 |
2 |
|
Eleven other agencies |
2 |
2 |
5 |
2 |
11 |
| TOTAL | 29 | 2 | 41 | 3 | 75 |
Table M4 shows the main subject matter and the secondary subject matters for all secondary cases reviewed in 2017–18. The data in Table M4 is not directly comparable with the data in tables M1 to M3 because a review can involve more than one subject matter.
| SUBJECT MATTER | NUMBER |
|
Salary, allowances and other payments |
|
|
Overtime and allowances |
4 |
|
Salary |
1 |
|
Debt recovery |
1 |
| SUBTOTAL | 6 |
|
Flexible working arrangements |
|
|
Part-time work |
7 |
|
Relocation or outposting |
3 |
|
Compassionate leave |
2 |
|
Home-based work |
1 |
| SUBTOTAL | 13 |
|
Performance management |
|
|
Unsatisfactory performance |
2 |
|
Performance appraisal |
6 |
| SUBTOTAL | 8 |
|
Workplace behaviour |
|
|
Handling of bullying complaints |
4 |
|
Workplace directions or warnings |
6 |
| SUBTOTAL | 10 |
|
Leave |
|
|
Leave |
4 |
| SUBTOTAL | 4 |
|
Other |
|
|
Relocation |
1 |
|
Redeployment policy |
1 |
|
Outside employment |
1 |
|
Restriction on duties |
1 |
| SUBTOTAL | 4 |
| TOTAL | 45 |
Note: Excludes Code of Conduct cases.
Table M5 shows the subject matter for all Code of Conduct cases reviewed in 2017–18. The data in Table M5 is not directly comparable with that in Tables M1 to M3 because a review may involve more than one main subject.
| SUBJECT MATTER IDENTIFIED | NUMBER |
|
Conflict of interest |
4 |
|
Bullying and discourtesy |
7 |
|
Unauthorised access of agency databases |
4 |
|
Inappropriate use of IT resources |
2 |
|
Inappropriate use of social media |
2 |
|
Misuse of credit card |
1 |
|
Failure to follow a direction or procedures |
4 |
|
Other (including comments indicating fraud, outside employment and false information in a job application) |
5 |
| TOTAL NUMBER OF MATTERS IDENTIFIED | 29 |
Review of promotion decisions
The Merit Protection Commissioner establishes promotion review committees to conduct reviews of promotion decisions for jobs at the APS 1 to 6 classifications. Details of the promotion review caseload for 2017–18 are provided in Table M6.
|
Promotion review cases |
2016–17 |
2017–18 |
|
On hand at start of year |
28 |
3 |
|
Received during the period |
177 |
97 |
|
Total caseload |
205 |
100 |
|
Reviewed |
141 |
57 |
|
Not accepted |
13 |
5 |
|
Lapsed or withdrawn |
48 |
14 |
|
Total finalised during period |
202 |
76 |
|
On hand at end of year |
3 |
24 |
|
Target completion time (weeks) |
8 or 12 |
8 or 12 |
|
Completed within target time (number) |
130 |
57 |
|
Completed within target time (percentage) |
92% |
100% |
Note: ‘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.
Table M7 lists those agencies whose promotions attracted review applications and the number of promotions considered.
| AGENCY | PROMOTION REVIEWS FINALISED | TOTAL APPLICATIONS RECEIVED | ‘ACTIVE’ APPLICATIONS RECEIVED | ‘PROTECTIVE’ APPLICATIONS RECEIVED | PROMOTION DECISIONS CONSIDERED | PROMOTION DECISIONS VARIED |
|
Australian Taxation Office |
33 |
129 |
53 |
76 |
110 |
1 |
|
Department of Home Affairs & Department of Immigration and Border Protection |
8 |
82 |
9 |
73 |
111 |
0 |
|
Department of Defence |
6 |
6 |
6 |
0 |
6 |
0 |
|
Department of Human Services |
4 |
11 |
5 |
6 |
16 |
0 |
|
Fair Work Ombudsman |
2 |
2 |
2 |
0 |
2 |
0 |
|
Australian Bureau of Statistics |
2 |
17 |
2 |
15 |
20 |
0 |
|
Two agencies (with one review) |
2 |
2 |
2 |
0 |
2 |
0 |
| TOTAL | 57 | 249 | 79 | 170 | 267 | 1 |
Notes: An APS employee may make an application for review of one or more promotion decisions. Not all applications are considered by a promotion review committee. Some applications are withdrawn, are held to be invalid or, in the case of ‘protective’ applications, do not proceed to review.
Unsuccessful candidates for a promotion may lodge an ‘active’ application seeking review of a promotion decision. Employees who have been promoted and whose promotion might be subject to review may lodge a ‘protective’ application against the promotion of other successful candidates.
Fee-related services
Code of Conduct inquiries
Section 50A of the Public Service Act enables the Merit Protection Commissioner to inquire into and determine whether an APS employee or former employee has breached the Code of Conduct. Table M8 provides information on Code of Conduct inquiry activity for 2017–18 compared with 2016–17.
| STATUS | 2016–17 | 2017–18 |
|
On hand at start of year |
2 |
1 |
|
Received during the period |
8 |
4 |
|
Total workload |
10 |
5 |
|
Completed |
8 |
4 |
|
Lapsed/withdrawn |
1 |
1 |
|
Total finalised during the period |
9 |
5 |
|
On hand at end of year |
1 |
0 |
Independent Selection Advisory Committees
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. Table M9 sets out information on ISAC activity for 2017–18 compared with that for 2016–17.
| STATUS | 2016–17 | 2017–18 |
|
On hand at start of year |
6 |
5 |
|
Received during the period |
10 |
14 |
|
Total workload |
16 |
19 |
|
Completed |
11 |
16 |
|
Lapsed/withdrawn |
0 |
3 |
|
Total finalised during the period |
11 |
19 |
|
On hand at end of year |
5 |
0 |