Know Your Rights: Education Quarterly, Issue 10 2024
When will the requirement for mandated ‘first’ referees in applications for merit selection in permanent positions be removed?
In the context of the 2024–2029 Staffing Agreement, the Department and Federation have agreed that there will be a significant review of the Merit Selection Procedure. The future Merit Selection Procedure will include numerous improvements, which will see a simplified and less time consuming process than under the previous staffing agreement.
Currently, prior to the actioning of a transfer, principals and supervisors certify the work being performed by teachers. Under the future Merit Selection Procedure, this process will also apply to merit selection and teachers will be able to determine whether or not they will include their current principal or Director to be a referee. The future Merit Selection Procedure will be implemented no later than day 1, term 1, 2025.
What are the present requirements in relation to ‘first’ referees for merit selection?
Federation and the Department have agreed to several interim changes, which are included in an updated Merit Selection Procedure, applying to positions advertised by merit from 15 May 2024. The procedure is published on the Department’s website; search “Merit Selection Procedure” at education.nsw.gov.au.
An important change in the updated Merit Selection Procedure is that teachers will no longer need to establish extenuating circumstances to request an alternative first referee. The updated procedure recognises circumstances where an applicant can seek an alternative first referee, which include:
- where there are personal and/or professional circumstances impacting the relationship between the applicant and the current principal/Director, and are not related to a current improvement program
- where the applicant’s current principal/Director has only recently commenced in the role and so has limited knowledge of the applicant
- where the current principal/Director is not available due to illness or leave and the relieving principal/Director has not had a supervisory relationship to the applicant of at least one term
- where the applicant is a non-school based teacher with right of return and has not worked in their substantive school for at least one school term
- where the applicant is a school counsellor working across multiple sites.
An applicant seeking an alternative first referee is required to provide confirmation that the alternative referee has agreed to the request and each request will be considered on a caseby- case basis. Prior to approval, the principal/Director will be contacted to confirm that the applicant meets the same certification criteria that apply to transfers.
A specific alternative first referee will be approved until day 1, term 1, 2025, or until the future Merit Selection Procedure is implemented, if it occurs earlier.
Further advice and support are available from Federation’s Professional Support section in relation to this process.