Recruitment in Schools

Employment, promotion or transfer

The processes following the selection decision can be illustrated as follows:

Transfer or promotion of an ongoing employee

Where an ongoing employee is the successful applicant for an ongoing vacancy, the employee will be transferred or promoted to that position subject to satisfying the relevant qualification and other eligibility requirements. A transfer or promotion of an ongoing employee is provisional and is subject to review and does not have effect pending confirmation.

Where an ongoing employee is the successful applicant for a school based fixed term vacancy greater than 12 months the employee will be permanently transferred to that school. Provided that where a complete school year, inclusive of all vacation periods, is longer than 12 months, the permanent transfer will not occur. If the school based fixed term vacancy is at a higher classification or salary range, the employee will be permanently transferred at their substantive classification and salary range and paid higher duties for the duration of the fixed term position. In this case the transfer is provisional and is subject to review and does not have effect pending confirmation.

The details of a provisional transfer or promotion, including the closing date for lodging a review, will be available from the day after applicants have been notified through the Recruitment Online system of the selection outcome. The details will be accessible through the Provisional Appointments link on Recruitment Online for 14 calendar days for all applicants to view and determine their eligibility to seek a review.

A provisional promotion may only be cancelled by the principal before it is confirmed, in the following circumstances:

• at the employee’s request, where the principal is satisfied that special circumstances make it reasonable for the employee to decline the promotion
• where the position is redundant
• where the position was not advertised on Recruitment Online
• where there is an unattached or an excess employee available to fill the vacancy

A transfer or promotion is confirmed when the Merit Protection Boards advises either that no review has been lodged or that any review has been resolved.

An ongoing employee who is permanently transferred will take up the position from the beginning of the next school year or earlier if an agreed start date is negotiated with the employee and their current principal. An employee with priority status who is the successful applicant for a vacancy is expected to commence in the position as early as possible unless otherwise agreed by the employee and the principal of the school with the vacancy.

An ongoing employee who is promoted to a position will take up the position from the advertised commencement date, unless a later commencement date is agreed by the employee and both principals.

Where an ongoing employee is the successful applicant for a school based parental absence vacancy and that replacement continues beyond 12 months the employee will be permanently transferred to that school. If the school based fixed term vacancy is at a higher classification or salary range the employee will be permanently transferred at their substantive classification and salary range and paid higher duties for the duration of the fixed term position.

The arrangements for an ongoing employee who is the successful applicant for a non-school based fixed term vacancy greater than 12 months are set out in the Release of Staff to Non-school Locations Policy.

Generally an offer of employment is not required in respect of the transfer or promotion of an existing ongoing employee other than in respect of an assistant principal position. Schools Human Resources Division will prepare a contract of employment offer in respect of assistant principal positions.

As a matter of good practice principals should provide ongoing employees who are selected for promotion or transfer (other than assistant principal positions) with a letter setting out the details of the promotion or transfer including:

• classification level and range (where applicable)
• tenure (such as leading teacher and learning specialist positions)
• number of days of attendance during school vacation periods (only for education support class and only where attendance during school vacation periods was specified in the advertisement)
• time fraction
• commencement salary
• commencement date

Temporary transfer of an ongoing employee

Except as noted below, where an ongoing employee is the successful applicant for an advertised vacancy of 12 months or less the employee will be temporarily transferred to that position for the period of the vacancy. For the purpose of this policy, '12 months or less' includes circumstances where a complete school year, inclusive of school vacation periods, is longer than 12 months. At the expiration of the fixed period, the employee will return to their original school.

For vacancies of 12 months or less, the actual commencement date will need to be negotiated between the respective principals and the successful applicant. The release date should be negotiated to reflect the needs of both schools and the employee and release should not be unreasonably refused.

Where an ongoing employee is the successful applicant for an advertised fixed term position at another school, the timing of release will be negotiated between the two principals. Where there is no agreement on the timing of the release, the following will apply:

• Where the release is required in the same year, the principal of the base school may refuse to release the employee where the principal is unable to replace the employee prior to release
• Release at the commencement of the following year
• Where an ongoing employee’s temporary transfer is to be extended (either by appointment to an advertised vacancy or otherwise) the principal of the school must notify the base school principal by 1 November that the transfer is extended. If this does not occur, the employee will return to the base school unless otherwise agreed between the two principals.

Where the principal of the base school does not agree to release the employee, the employee may lodge an application for a personal grievance with the Merit Protection Boards.

An ongoing employee who is the successful applicant for an identified fixed term position of up to 3 years in the Science, Mathematics and associated Technology areas at John Monash Science School, will be temporarily transferred to John Monash Science School for the duration of the vacancy. At the expiration of the fixed period, the employee will return to their base school.

An ongoing employee who is the successful applicant for an identified fixed term position of up to 3 years in the VCE Extended Investigation and VCE Algorithmics subjects at the Centre for Higher Education Studies (CHES), will be temporarily transferred to CHES for the duration of the vacancy. At the expiration of the fixed period, the employee will return to their base school.

An ongoing employee, other than an ongoing employee who is the successful applicant for an identified fixed term position at John Monash Science School or the Centre for Higher Education Studies, who is temporarily transferred in response to an advertised fixed term vacancy may be offered one further period of temporary transfer at the same school, without advertisement of the position, provided the base school principal agrees to the further release and the position continues to satisfy the fixed term criteria set out under ‘duration of vacancy’. Where this occurs:

• it can be for the same duration as the initial period of transfer or for any shorter period but not less than 30 working days; and
• the temporary transfer will be extended, and the employee (other than where that employee is excess to workplace requirements) will return to their original school at the expiration of the subsequent fixed period; or
• the employee must be offered permanent transfer to the position if that employee is excess to workplace requirements and the initial and subsequent fixed periods exceed 12 months in total at the same school.

If an ongoing employee is selected for a further advertised fixed term position of 12 months or less at the same school:

• the temporary transfer will be extended and the employee (other than where that employee is excess to workplace requirements) will return to their original school at the expiration of the subsequent fixed period; or
• the employee must be offered permanent transfer to the position if that employee is excess to workplace requirements and the initial and subsequent fixed periods exceed 12 months in total at the same school.

The arrangements for an ongoing employee who is the successful applicant for a non-school based fixed term vacancy of 12 months or less are set out in the Release of Staff to Non-school Locations Policy.

Employment of an external applicant

A person who is not an ongoing employee in the teaching service who is the successful applicant for a fixed term vacancy will be offered employment for the period of the vacancy as advertised. A person employed for a fixed period ceases employment at the conclusion of the fixed period (inclusive of any pro rata school vacation period in respect of a teacher vacancy) unless that person is employed for a further period in the same or another position.

In circumstances where there are difficulties recruiting suitably qualified employees, a principal may consider offering employment to a suitable person from overseas. Further information about the Employment and Sponsorship of Overseas Workers is available from the Schools Policy and Advisory Library.

Principals are required to make offers of employment in respect of the employment of any person not currently employed by the department or the employment of a fixed term employee for a further period of employment.

Schools Human Resources Division will prepare a contract of employment offer in respect of assistant principal positions.

A fixed term employee employed in response to an advertised fixed term vacancy may be offered 1 further period of fixed term employment, without advertisement of the position, provided the position continues to satisfy the fixed term criteria set out above under ‘duration of vacancy’. The further period of fixed term employment:

• is a separate period of employment, not an extension of the initial period of employment,
• can be for the same duration as the initial period of employment or for any shorter period but not less than 30 working days, and
• is subject to normal pre-employment processes

Pre-employment checks

Prior to a person commencing employment in the teaching service the principal, as the delegate of the Secretary, must be satisfied that the person:

• is a fit and proper person and is suitable for child-connected work,
• is registered with the Victorian Institute of Teaching (VIT) if employed as an assistant principal or teacher or has permission to teach if employed as a paraprofessional,
• has a current Working with Children Check (WWCC) if employed as an education support class employee,
• meets the qualification requirements (where relevant),
• meets the medical requirements,
• has not been the recipient of a Voluntary Departure Package in the past 3 years,
• has no employment or re-employment restrictions placed on them, and
• is an Australian citizen or a permanent resident in Australia under any law of the Commonwealth or entitled to permanent residency in Australia under any law of the Commonwealth, or will be resident in Victoria for sufficient periods to enable the person to undertake the duties of the position

In addition to the above requirements, principals should consider if a criminal record check is required in addition to a WWCC in circumstances where the principal has reasonable grounds to believe a court has determined that an offence has occurred that may be relevant to the duties to be performed, such as dishonesty offences or driving offences. In such circumstances, Principals should consult the Employee Conduct Branch at employee.conduct@education.vic.gov.au prior to proceeding.

A person to be employed in any education support class position with a financial delegation or responsibility (including a position that handles cash) is required to undergo a criminal record check conducted by the department in addition to the WWCC.

Successful applicants who are not employed by the department will need to provide the following information prior to commencing employment:

• an original or certified copy of qualifications,
• original or certified copies of birth certificate, extract of birth entry, passport, certificate of naturalisation or certificate of citizenship,
• evidence of current registration from the Victorian Institute of Teaching or a WWCC and Assessment Notice, and/or a criminal records check required under this guide
• a health declaration
• evidence of permanent residency status or current visa status demonstrating that the visa holder has sufficient work rights to undertake the position at the school, and
• proof of identity and name change, such as marriage certificate or deed poll, where an applicant’s name has changed since birth

Documents can only be certified by a person authorised to witness a statutory declaration and must be sighted prior to confirming employment.

If the applicant is not an Australian or New Zealand citizen, a copy of the relevant pages from the applicant’s passport showing the stamp which confirms the right to permanent residence is required. The applicant’s name must appear on the copy. If the applicant is a British subject who migrated to Australia prior to 1974, evidence of residence in Australia prior to 1974 is required. New Zealand citizens are regarded as Australian citizens for employment purposes, but evidence of New Zealand citizenship is required. Further information about the Employment and Sponsorship of Overseas Workers is available from the Schools Policy and Advisory Library.

The principal must be satisfied that the selected applicant satisfies the qualification requirements for the position. The VIT's assessment for teacher registration approval process includes the assessment of an applicant’s qualifications. The Schools Recruitment Unit can provide assistance in checking a teacher’s qualifications to teach a particular subject.

In relation to any prospective employee, it is essential that a suitability check be undertaken.

Information relating to a person’s suitability may be accessed on eduPay using the ‘Suitability for Employment’ panel. When the proposed employee’s name is submitted, if there is a ‘Y’ in the employment limitation field the proposed employee has an employment restriction. Employment should not proceed at this point and contact should be made with the Employee Conduct Branch or the Schools Recruitment Unit.

Interstate applicants can be checked through the National Check of Employment Status procedures. Principals should contact the Department’s Employee Conduct Branch for assistance in relation to this process. The Employee Conduct Branch can provide advice in relation to the person’s suitability to be employed in the position for which they have applied.

Where a prospective employee is in receipt of ill-health benefits, the service provider will be notified of the offer of employment.

Suitability for employment

By applying for a position in the teaching service, the applicant is aware that information may be collected in order to establish whether they are suitable for child-connected work and is a fit and proper person.

Prior to a person commencing employment, the principal must be satisfied, based on their knowledge at the time that the person is:

• suitable for child-connected work as defined in Ministerial Order 1359, and
• a fit and proper person as required by Ministerial Order 1388.

This includes where a person is being employed for a subsequent period of employment where this information was collected more than 12 months previously.

A principal should check if there is an employment limitation on edupay relating to a preferred applicant prior to offering employment.

Ministerial Order 1359 requires that schools ensure that people working with children are suitable for child connected work. To satisfy this requirement, once the selection decision is made, the suitability for child connected work check must be undertaken. This must occur before any employment, transfer or promotion action is taken.

The principal (or nominee) is required to contact preferred applicant’s current or immediate past employer (which cannot be the school making the offer of employment) as part of the pre-approval process and ask the following questions:

• have you directly observed [applicant’s name] work with children?
• during the period that [applicant’s name] worked in your organisation, did you have any concerns about [applicant’s name] behaviour or conduct when working with a child or children? If yes, what steps were taken to deal with these concerns? Were these concerns satisfactorily resolved?
• do you have any concerns about [applicant’s name] working directly with children?
• has any disciplinary action been taken against the applicant in relation to inappropriate or unprofessional conduct towards a child?
• were there instances where you had concerns that [applicant’s name] did not always behave with integrity in their employment, such as not dealing with others in an ethical manner, not declaring or managing a conflict of interest appropriately or not dealing with sensitive or confidential information in an appropriate way? If yes, what steps were taken to deal with these concerns? Were these concerns satisfactorily resolved?

Where these suitability for child-connected work questions elicit information about past or present concerns that were either resolved satisfactorily or that would not necessarily amount to an employment limitation or termination, it is important to afford natural justice to the applicant when making a final selection decision.

The information provided may not be sufficient to determine the person is not suitable to work with children but may be important information to record for the purpose of ongoing monitoring, coaching, support and supervision of the applicant if they are appointed to the role.

Where the person does/did not work with children in their current or immediate past employment, the principal or delegate must make reasonable efforts to determine if there are any past employers that could reasonably attest to the person’s suitability for child connected work. If no such employer exists or if the person has never worked with children this should be noted on the recruitment records.

Where the panel assesses the applicant as not suitable to work with children as a result of these questions, no employment offer should be made. Where the questions were asked after the employment offer was made (but noting the applicant must not have started until the child safety questions and other pre-employment checks have taken place), and the responses raise child safety concerns, schools must contact the Employee Conduct Branch for advice on:

• Phone: 03 7022 0005
• Employee.conduct@education.vic.gov.au

Employment offer

Employment offers should be made in writing clearly setting out the terms of the offer.

Principals must be satisfied that the person meets the requirements set out above. Offers of employment should include:

• period of employment
• where a position is fixed term, the reason why the position is fixed term
• time fraction
• number of days of attendance during school vacation periods (only for education support class and only where attendance was specified in the advertisement)
• commencement salary
• any probationary period
• terms and conditions of employment*

*Note: It is sufficient to incorporate by reference relevant legislation, Ministerial Orders and industrial instruments, relevant policy or a statement of duties that attach to the position. Where this is done, the offer should advise the employee where these documents can be accessed.

To avoid uncertainty regarding the terms of employment, a person should not commence in the position until the offer of employment has been formally accepted.

Pre-employment medical requirements

Health declaration

The Workplace Injury Rehabilitation and Compensation Act 2013 requires that when employing new staff, principals must:

• provide the person with a written description of their proposed duties
• ask the person, in writing, to disclose any pre-existing injury or illness that could be affected by the nature of the proposed duties
• explain, in writing, to the person that a failure to disclose, or a misleading disclosure concerning pre-existing injuries or illnesses may result in a loss of entitlement to compensation, should the injury recur

To meet this requirement, new employees (which include a person commencing a second or subsequent fixed term period of employment) are required to complete a pre-employment health declaration form prior to commencing employment.

When the person has completed the form, the principal will need to decide whether or not there is a need to seek professional advice. If the principal wishes to obtain professional advice, the options for doing so include:

• with the person’s consent, approaching the person's treating medical practitioner
• asking the person to undergo a medical assessment by a medical practitioner nominated by the principal (see below)
• using the Medical Advisory Service which is a free telephone advisory service for principals

Pre-employment medical assessment

In addition to completing a pre-employment health declaration, a principal may require that a person who is the successful applicant for a position in the teaching service undergo a pre-employment medical assessment. This would normally only occur in, but is not limited to, circumstances where the principal considers it prudent to independently confirm a person’s medical fitness for employment. The Medical Advisory Service can assist principals in these circumstances.

Any registered medical practitioner may conduct the pre-employment medical assessment.

The person should be provided with a package that includes:

• a letter of request to the medical practitioner outlining the reason for referral,
• a copy of the pre-employment health declaration form,
• a position description describing the specific duties and responsibilities of the position

If the medical practitioner is unable to unconditionally recommend the person for employment, the principal will need to confirm or withdraw the offer of employment, taking into account the medical advice in the context of the duties to be performed.

Generally a medical assessment is valid for 3 years.

When managing pre-employment medical assessments, principals should take account of a person’s right to access health information.

Retention of appointment documents

Documents relating to a person’s appointment must be retained on the employee's personnel file. These include but are not limited to:

• evidence of date of birth and qualifications
• evidence of registration with the Victorian Institute of Teaching for teaching positions
• evidence of a WWCC for non-teaching positions
• pre-employment and appointment documentation
• medical assessment or health declaration information
• employment offers

Further information in relation to Records Management — Employee Information is available on the Schools Policy and Advisory Library.