Introduction

The Merit Selection Procedure provides information on the selection process for:

• classroom teacher (teacher), executive and principal positions filled by an open merit process, i.e. advertisement.
• classroom teacher (teacher) positions filled by a closed merit process of applicants from the approved to teach or graduate employment lists.

The procedure provides guidelines to selection panel members and prospective applicants applying for teaching positions in NSW public schools. Further support material is available on the participating on a selection panel webpage.

The procedure is to be read in conjunction with the Staffing Agreement and related Staffing Procedure.

Teacher, executive and principal vacancies filled through open merit

Method of filling a vacancy

When the relevant School Workforce team (Teacher Recruitment or Priority Recruitment Support) have confirmed that the vacant position is to proceed to open merit the panel convener should commence forming the selection panel.

Typically, the principal of the school will be the panel convenor for any vacant position being recruited by open merit. The role of the panel convener can be delegated to a nominee at a higher level than the position being advertised.

Where it is the principal position being recruited by open merit, the panel convenor will typically be the Director, Educational Leadership for that principal network. If there are circumstances that require a different panel convenor, this will be confirmed in consultation with the relevant Executive Director, Public Schools.

The merit selection panel

A principal will form the selection panel for teacher and/or executive vacancies. The Director Educational Leadership (DEL) will form the selection panel for principal vacancies.

Training and information for selection panel members

It is the responsibility of the panel convener to ensure that all panel members are trained in the Merit Selection Procedure.

A person may be selected by their respective representative group to be a panel member regardless of whether they have yet undertaken panel training. All panel members must be able to provide evidence that they have completed panel training prior to the panel meeting to commence the merit selection process.

An interactive e-learning module is available on MyPL and further information including the link to the selection panel training can be found on the participating on a selection panel webpage.

Note: The merit selection panel training is valid for a period of two-years from the completion of the module. As part of participating on a selection panel, panel members are required to provide evidence of the validity of your training. In instances where the panel member is unable to supply this evidence or where the training is no longer valid the panel convener will request the panel member complete the module prior to the selection panel progressing.

A quick reference guide is also available to assist the panel convener in navigating through iWorkforNSW.

Role and responsibilities of selection panel members

The role of the selection panel is to recommend the most suitable applicant to fill the vacant position or to be placed on the eligibility list, where one is created.

The panel’s recommendation will be based on the extent to which each applicant’s skills, knowledge and experience meet the general and specific selection criteria for the position, after assessing information from all stages of the selection process, i.e., written application, referees’ comments, and interview.

Confidentiality must be observed at all stages of the selection process. Panel members must not divulge information about the process or applicants to anyone outside the selection panel. Panel members must not retain any documents or electronic material of the application and selection process.

The panel convener will be the only person to provide feedback to applicants and retain documents. All enquiries should be redirected to them.

The panel convener will ask all panel members to declare any current or prior personal knowledge of involvement with, or interest in, any of the applicants before commencing the shortlisting process. The panel convener must also make a self-declaration to the panel.

In many cases, there will be panel members, including the panel convenor, who have or have had a professional or personal connection with an applicant or applicants. This is not immediate grounds to exclude a panel member. The declaration of interests enables all panel members to have full and transparent knowledge of any current or previous connections and to agree that the panel member in question is able to participate in the merit selection process with fairness and impartiality.

The panel convener must clearly indicate that the panel is aware of the correct merit selection procedures and the extent of any declared personal knowledge of, or interest in, any of the applicants.

• All declarations must be made prior to the commencement of the shortlisting process to ensure all applicants are treated fairly and on their merit.
• If a panel member does declare an interest in an applicant, the selection panel needs to assess whether the panel member has undue positive or negative views about the applicant and whether those views would unduly influence the panel member in the selection deliberations.
• Where a relative, spouse or partner of any panel member is applying for the position, the panel convener must seek advice from School Workforce before proceeding. To protect the integrity of the merit selection process, it would typically be considered that a person who is a relative, spouse or partner of an applicant should not be on the merit selection panel. However, where it occurs, final decisions will be made on a case by case basis.
• If a panel member believes that there is a conflict of interest which could prejudice the outcome of the recruitment process this should be immediately referred to School Workforce (Teacher Recruitment), who will decide whether the membership of the selection panel should be changed.

It is important that all panel members are involved in all stages of the selection process. If a panel member is unable to be involved in any part of the process, the panel member should notify the panel convener immediately. If no alternative time can be arranged, advice must be sought from School Workforce.

When contacting referees as part of the shortlisting process, it is acceptable for the panel convener and at least one other member of the selection panel, nominated by the selection panel, to jointly contact referees. In this instance, the referee comments would be reported to the full panel before the shortlist for interview is decided.

All applicants must be treated with respect and assessed in an impartial, thorough manner. The principles of Equal Employment Opportunity (EEO) must be observed in all aspects of the selection process.

Information on the EEO framework can be obtained by attending a selection procedures training course or from the department’s Workforce Diversity Plan.

The roles of EEO group members on selection panels will be monitored. It is important that members participate in the selection process to reflect specific job requirements and specific community needs.

As all applicants are unique it will be necessary to verify, test and explore different aspects of the selection criteria for each applicant. All questions must be consistent, fair and based on the selection criteria, it is appropriate and, in many cases, expected that applicants and referees will be asked different questions to clarify different aspects of the selection criteria.

Each panel member is an equal participant in discussion, assessment and decision making. This should be reflected in the selection panel documentation and steps completed through iWorkforNSW.

Information provided in iWorkforNSW must be specific and clearly differentiate between the applicants in terms of the selection criteria for the position.

The panel convener must confirm in iWorkforNSW, that all panel members endorse the comments submitted and understand the confidentiality requirements of the selection process.

Where appropriate, the panel convener may need to indicate that a minority report will be submitted.

A minority report can be submitted by any panel member and must be submitted at the same time as the selection process outcomes in iWorkforNSW. There can be more than one minority report.

The minority report should include the reasons for a dissenting view in relation to the selection criteria, together with the name of the preferred applicant and the reasons for supporting that applicant based on the selection criteria.

The relevant manager in School Workforce will review the documentation provided by the panel and determine the course of action.

Composition of selection panels

When the panel convenor is forming the panel, efforts must be taken to ensure there is a mix of genders on the panel. That is, a merit selection panel must not have only one gender represented.

Selection panel composition for teacher positions

The panel must include:

1. A panel convener which will be the principal or their delegate, who must be at a higher level than a teacher.
2. A teacher representative elected by and from the Teaching Service at the school,
3. An elected representative of the School Parents and Citizens’ Association (P&C), where such a representative is provided,
4. As required, an elected representative of the school’s local Aboriginal Education Consultative Group and/or Local Ethnic Community, where such a representative is provided.

Selection panel composition for executive positions

The panel must include:

1. A panel convener which will be the principal or their delegate, who must be at a higher level than the executive position being filled
2. A teacher representative elected by and from the Teaching Service at the school,
3. A member nominated by the Director Educational Leadership at the same or higher level than the position being filled,
4. An elected representative of the School Parents and Citizens’ Association where such a representative is provided,
5. As required, an elected representative of the Aboriginal Education Consultative Group or Local Ethnic Community, where such a representative is provided.

Selection panel composition for principal positions

The panel must include:

1. A panel convener which will typically be the Director Educational Leadership for that school, or otherwise a delegate identified by the Executive Director, Public Schools,
2. A teacher representative elected by and from the Teaching Service at the school,
3. A principal from a different network at the same or higher level than the position being filled and a confirmed financial member of the NSW Secondary Principals’ Council (SPC) or NSW Primary Principals’ Association (PPA),
4. An elected representative of the School Parents and Citizens’ Association where such a representative is provided,
5. As required, an elected representative of the Aboriginal Education Consultative Group or Local Ethnic Community, where such a representative is provided.

Further information on panel membership

Teacher representative

All merit selection panels must have a representative elected from the school’s teaching service. The panel convenor is responsible for ensuring that a teacher representative has been elected through a transparent election process as described below.

The principal (or, for a principal vacancy, the Director Educational Leadership) will arrange a meeting(s) at least annually, with appropriate notice, of all teaching staff (casual, temporary, permanent part-time and full-time teachers) to elect a teacher or teachers to participate as a teacher representative on selection panels. Opportunities should be provided for any teacher/s who is absent on the day of the meeting to nominate for and be elected as a teacher representative.

At the meeting, the following must be discussed and agreed by the teaching staff:

1. Who will be responsible for coordinating and conducting the voting process. This may be the principal, or another member of the school’s teaching staff. While only teaching staff may nominate and vote, a member of the school’s administration staff may be asked to assist in coordinating the voting process, where appropriate, and under the direction of the principal or other teaching staff member responsible for the voting process.
2. The voting method, which could include a vote taken by a show of hands or through a secret ballot. Where a secret ballot is chosen, management of the ballot will also be determined at the meeting. Online tools can be used to manage this process, provided that the information is managed with appropriate sensitivity and security.
3. The election of the teacher representative/s, which could be:

a. An election process to form a pool of teacher representatives, to then be rotated sequentially as each merit process arises

b. An election process to form a ranked pool of teacher representatives (that is, the elected representative, and a first reserve/second reserve etc), with the elected representative to sit on all panels in that year, to be replaced by the next representative if they are unavailable or do not wish to participate

c. An election process for each merit selection panel arising at the school, with a unique nomination process, taking account the nature of the vacancy (e.g. KLA), noting that this model may present a challenge if the staff representative needs to be replaced at short notice (see below).

d. Or another arrangement that is agreed by all teaching staff at the meeting.

Any teacher or executive on staff may be nominated or self-nominate to be considered for the vote. If the school has a Federation Representative and/or Women’s Contact, these teachers will be automatically included as nominations, unless they request not to be included.

Teachers do not need to have already completed merit selection panel training to be eligible to nominate for the role of teacher representative, however they must complete the training before participating in a selection panel.

Once nominations have occurred, the principal will arrange for a vote to be taken in accordance with the method chosen.

If a teacher representative cannot be provided, the Principal or Director Educational Leadership should seek a teacher representative from another school within the same principal network, who has been elected by the teaching staff of that school.

Note: In the event of a principal vacancy, where there is a relieving principal in place who may wish to apply for the position and where a voting process is required to elect the teacher representative, the relieving principal must not be involved in coordinating the election of the teacher representative, but is eligible to vote like any other member of the teaching staff.

School Parents and Citizens’ Association representative

The School Parents and Citizens’ Association (P&C) must be invited to participate. If the School Parents and Citizens’ Association wishes to participate, they will be asked to nominate a representative within 10 working days. The representative is to be a parent or community representative nominated by the school parent organisation, and if one exists, endorsed by the president of the school council. In schools with no school council, the parent representative is to be a parent or community representative nominated by the school parent organisation.

Note: where there is no school parent organisation, the Federation of Parents and Citizens’ Associations should be contacted and given the option to nominate a representative.

The panel convenor should make every reasonable effort to support the P&C to furnish a representative. If a representative is not provided within 10 working days, the panel may proceed without a School Parents and Citizens’ Association representative.

Aboriginal Education Consultative Group (AECG) representative

In schools classified as having significant Aboriginal enrolments (20% of enrolments or 20 or more students) or where the position requires understanding and sensitivity to the needs of Aboriginal students, a representative of the local Aboriginal Education Consultative Group (AECG), or where a group does not exist, the local Aboriginal or Torres Strait Islander community or communities must be invited to participate.

If the school does not have significant Aboriginal student enrolments but does have a relationship with the local AECG, they are encouraged to invite an AECG representative as an additional panel member, where appropriate to the vacancy being recruited.

The local AECG representative will be elected by the local AECG. If the local AECG (or the local Aboriginal or Torres Strait Islander community or communities) wish to participate, they will be asked to nominate a representative within 10 working days.

In the event there is no local AECG and no local Aboriginal or Torres Strait Islander community member available, and the school has significant Aboriginal enrolments, the panel convenor must contact the regional AECG president (or delegate) to seek an Aboriginal panel representative.

The panel convenor should make every reasonable effort to support the local AECG (or the local Aboriginal or Torres Strait Islander community or communities) to furnish a representative. If a representative is not provided within 10 working days, the panel may proceed without an Aboriginal Education Consultative Group (AECG) representative.

Schools with significant language background other than English enrolments (60% of enrolments)

In schools classified as having significant enrolments with a language background other than English, or where the position requires understanding and sensitivity of the needs of students from a language background other than English, a representative member of the local multicultural community or communities must be invited to participate.

The panel convenor should make every reasonable effort to support the local multicultural community) to furnish a representative. If a representative is not provided within 10 working days, the panel may proceed without a representative of the local multicultural community.

Note: The multicultural community representative must be an additional person on the selection panel rather than an existing panel member also representing the local multicultural community or communities. The selection of this person will usually involve consultation with the local multicultural community or communities.

Additional selection panel members

The decision to approve an additional panel member will be based on the unique viewpoint that the panel member will represent.

The relevant manager in School Workforce:

Will approve the inclusion of an additional panel member/s in schools with Aboriginal enrolments and/or in schools with enrolments with a language background other than English, where that panel member is not already required.

May approve the inclusion of an additional panel member where there are needs relevant to the position or where the position is for a special education teacher or a school counsellor.

In the event a panel member cannot participate

Where the panel process has commenced, and for personal or other reasons a panel member advises they are unable to continue (for example, unexpected illness of self or family member), and where this occurs prior to the scheduling of interviews, the panel convenor should contact the relevant representative group to seek an alternate panel member, where this is practical and will not significantly impact the merit selection timeframe. The new panel member should be inducted into the process to date by the panel convenor.

Where a panel member identifies a conflict of interest upon confirmation of the applicants, they must disclose this to the panel, and may voluntarily withdraw or if appropriate, it may be agreed by a majority of the panel that the panel member cannot continue in their role. If this occurs, the panel convenor should contact the relevant representative group to seek an alternate panel member, where this is practical and will not significantly impact the merit selection timeframe.

Where a panel member advises that they are unable to participate in shortlisting and/or scheduled interviews within 48 hours of these scheduled events, due to unexpected personal circumstances or for any reason, an alternate panel member, provided by the representative group should be inducted into the process where this is practical and will not significantly impact the merit selection timeframe. If it is not possible or practical to source an alternate panel member and re-scheduling events will significantly impact applicants and/or other panel members, the panel may continue, on the basis that the majority of the panel is intact.

Where a panel member advises they are unable to participate in scheduled interviews within 24 hours of the first scheduled interview, the panel convenor is not obliged to seek an alternative panel member and should proceed, on the basis that the majority of the panel is intact. The panel convenor must advise School Workforce in writing of this occurring, at the earliest opportunity.

Any changes to panel composition that occur at the interview stage must be advised to applicants prior to the interview commencing (that is, introduce the alternate panel member or advise that due to unforeseen circumstances, a panel member has been unable to attend interviews.

The above provisions relate to panel members other than the school’s teacher representative. It is a requirement that there must be a teacher representative on the panel, however this can involve the use of an alternate teacher representative from that school. In the event that an issue arises within 24 hours of the scheduled interviews and if there are extraordinary circumstances where an alternate teacher representative is not able to be identified, the panel convenor must contact School Workforce as soon as possible prior to interviews commencing for advice.

Preparing the open merit advertisement

All panel members must participate in writing the advertisement for the vacant position. The advertisement should accurately describe the role of the position to ensure interest from a broad and diverse range of applicants.

The advertisement will include the following information:

• Position and advertisement details
  • Initially the principal or DEL will be assigned as the panel convener and will receive an email from School Workforce with the requisition number and position details.
  • If the principal or DEL wishes to delegate the panel convener role prior to the process commencing, they can do so by following the how to change a hiring manager for a teacher requisition quick reference guide.
• Vacancy information
  • Details of the position information and specific selection criteria are included in this section. The position information should be concise and care should be taken to ensure the number of selection criteria is realistic – a maximum of three criteria is recommended.
  • The position information should begin with the school’s name and student enrolment details, for example Aboriginal and Torres Strait Islander and/or non-English speaking background student numbers where significant and include a concise outline of relevant features of the school and position. These may include:
    • school size and composition
    • special focus programs
    • the school’s priorities
    • accessibility for people with disabilities e.g., ramps or other special facilities.
  • The specific selection criteria will be determined by the selection panel based on the needs and focus of the vacant position.
• Contact information
  • This section includes the name and contact details of the officer to whom enquiries about the position should be directed (this can be the panel convener).
  • If the panel convener is not the enquiry officer, to ensure consistency the nominated officer must be briefed on the information to be provided to interested applicants. The enquiry officer should be available and able to provide details to prospective applicants including:
    • the size of the school
    • its distinctive features
    • patterns of enrolment.
  • All applicants who contact the enquiry officer should be provided with the same documents electronically including the school plan and annual school report as a minimum. If these documents are posted on the school’s website, it may be appropriate to refer applicants to the site. Reference to the school’s website and the link could be included in the special notes section of the advertisement.
  • Applicants should be reminded to refer to this procedure and the Staffing Procedure for information about the selection process.

Selection criteria

Applicants must address the required criteria in their application as outlined below.

Teacher positions

1. Specific selection criteria for the position

Executive and principal positions

1. General selection criteria, and
2. Specific selection criteria for the position.

Note: Applicants for executive and principal positions must address both the general selection criteria and the specific selection criteria for the position in their application.

General selection criteria

Executive positions

Six general selection criteria are essential for executive positions in schools. The general selection criteria are not listed in priority order.

Applicants are expected to demonstrate their ability to meet each criterion and the importance of the criteria will vary depending upon the level of position sought.

Applicants for executive positions must demonstrate the capacity to provide successful educational leadership through:

• Successful teaching experience with capacity to initiate improvement in teaching, learning and classroom practice,
• Knowledge of curriculum, assessment, and student welfare with the ability to lead and design quality, inclusive teaching and learning programs,
• Education leadership skills to build capacity and manage the performance of individuals and teams,
• Well-developed communication and interpersonal skills with the capacity to build relationships and engage students, staff and parents,
• Ability to plan and manage resources effectively and equitably to support teaching and learning,
• Knowledge of and commitment to the department’s Aboriginal education policy.

Principal positions

Six general selection criteria are essential for principal positions in schools. The general selection criteria are not listed in priority order.

Applicants for principal positions must demonstrate successful educational leadership through:

• High level education leadership with skills to lead and manage a complex public school focused on the delivery of high-quality education,
• Ability to lead and manage rigorous and inclusive whole school teaching and learning programs,
• High level communication and interpersonal skills with the capacity to build positive relationships and engage all levels of school and educational community,
• Ability to lead and manage the development and performance of staff to improve teaching and learning,
• Ability to plan systems and manage resources effectively and equitably to enhance teaching and learning,
• Capacity to lead staff in implementing the department’s Aboriginal education policy and to ensure quality outcomes for Aboriginal people.

Specific selection criteria

The selection panel should determine the specific selection criteria for the vacant position. Specific selection criteria are necessary to ensure the applicant can undertake the responsibilities of the position.

For classroom teacher positions, there should be two (2) specific selection criteria in addition to the subject codes. A third specific selection criteria may be included for a specialist role or specialist setting.

For executive and principal positions, the specific selection criteria should be limited to what is essential for that role and is unique to the general criteria. Ideally, there should be three (3) and no more than four (4) specific selection criteria in addition to the general selection criteria.

The general selection criteria for the position should be carefully considered by the selection panel when determining the specific selection criteria for executive or principal positions.

Specific selection criteria should:

• Begin with the words “In addition to the general selection criteria…” for executive and principal positions.
• Add to the general selection criteria and not repeat the same skills and knowledge requirements.
• Include the subject and/or teaching areas as applicable
• Include only those requirements that are inherent to the skills and knowledge that are essential to do the job so that applicants are not disadvantaged, and the most suitable applicant is selected. Criteria considered desirable, that are not needed to do the job, or that are minor aspects of the job, should not be included in the specific selection criteria.
• Be written in plain English that is clear, concise and easy to understand. The use of jargon and acronyms should be avoided.
• Be written in concise phrases or sentences. Ambiguous phrases that are open to interpretation should not be used as these can be a source of potential bias and can make it difficult to distinguish between the applicants.
• Be examined to ensure they are not specifically or narrowly worded, resulting in teachers who may be capable of performing well in the position not being able to demonstrate fully their skills and experiences.
• Be examined to ensure there is no discrimination. Some specific selection criteria may be indirectly discriminatory. For example, “lengthy or extensive experience” can translate as seniority. Often people can become proficient in an area through interest and commitment in a shorter time or have gained valuable experience outside the school, for example, voluntary work, community involvement, and previous fields of employment; and
• Adhere to EEO principles. This includes examining specific selection criteria carefully to ensure they comply with EEO principles and do not discriminate against members of any group. For applicants with a disability the principles of reasonable adjustment apply. This involves modification of the workplace or job design to allow people with disabilities to apply for jobs, perform their jobs effectively and participate in employment activities.

Advertisements will be reviewed by prior to publication by School Workforce and the panel convenor will be contacted to review the advertisement if there are any issues identified.

Consulting referees

Consultation with referees is an important component of the merit selection process. When consulting with referees, the selection panel will aim to comment on the information provided in the written application and find out more about the applicant in the professional context/s that the referee and applicant are or have engaged. The following information is applicable to open and closed merit processes.

For applications relating to teacher positions, applicants must provide the name and contact details of two referees. For applications relating to executive or principal positions, applicants must provide the name and contact details of three referees. It is important that applicants carefully consider who can best support their application for the specific role, taking into account the selection criteria and the opportunities their referee has had to observe their knowledge, skills, and capabilities.

The department’s merit selection process has specific requirements for the first referee, as outlined below. The selection of additional referees is at the discretion and professional judgment of the applicant.

Responsibilities of applicants

a) Advising of application

Applicants who are current permanent employees of the department are required to advise their current principal or DEL that they are applying for a permanent teacher, executive or principal position. This is required in all circumstances where at all possible including for example, when the applicant is on approved leave.

In the circumstance that the applicant is seconded to a non-school based teaching (NSBT) position at the time of application, and where they hold right of return to a substantive school based position, it is an expectation that the applicant will advise their substantive principal as well as their current line manager. A NSBT who no longer has right of return to a substantive school based role is required to advise their current line manager of their application.

It is the responsibility of the applicant to ensure that all referees listed are advised of the application and of their inclusion as a referee. Applicants should provide referees a copy of the application and relevant details of the role.

It is also the responsibility of the applicant to attempt to ensure – to the best of their knowledge – that their referees will be available and contactable if required. In the event an applicant becomes aware that one of their referees is no longer available/contactable (for example, due to unexpected illness or some other exceptional circumstance), they should contact the hiring manager as soon as possible. Refer to part 5.2 (c) for further information.

b) Inclusion of contact details

It is the responsibility of the applicant to ensure that the contact details for all referees are accurately recorded in the application. There is no recourse for applicants if erroneous contact details are provided (for example, typographical errors) and the panel is unable to contact a referee for this reason. Applicants are therefore strongly encouraged to carefully review contact information provided as part of their application prior to submission.

c) Requirements regarding first referee

The applicant’s first referee will need to confirm with the selection panel that they:

• are aware of the application and can verify the accuracy of its content to the best of their knowledge
• can confirm that the applicant is meeting the Australian Professional Standards for Teachers* and that they are not receiving individualised support** in relation to performance concerns.

*In the case of applicants for a school counselling role, the first referee should be asked to confirm if the applicant is meeting the School Counselling Service Professional Practice Framework.

**Individualised support requires that specific performance concerns have been raised, explaining which of the Australian Professional Standards for Teachers are not being met, based on work examples.

The below information provides detailed guidance to assist applicants in determining the required applicable first referee. As a general principle, the first referee must be the applicant’s current senior supervisor – for teachers and executives, this is typically the principal, or for principals, this is typically the DEL. If an applicant is unable to identify their specific circumstance in the guidance below and is unsure of who their first referee should be, they should seek advice from Teacher Recruitment.

It is recognised that there will be certain circumstances where the applicant may wish to request an alternative first referee. Further information regarding the process to make this request is at 5.1 (d).

i. Applicant is a permanent teacher in a NSW public school

Application type:	Teacher position	Executive position	Principal position
First referee requirements	First referee is current principal unless an alternative first referee has been approved.	First referee is current principal unless an alternative first referee has been approved.	First referee is current principal unless an alternative first referee has been approved.

ii. Applicant is a permanent executive in a NSW public school, or is currently a teacher or executive undertaking a relieving executive role of one term or longer.

Application type:	Teacher position	Executive position	Principal position
First referee requirements	First referee is current principal unless an alternative first referee has been approved.	First referee is current principal unless an alternative first referee has been approved..	First referee is current principal unless an alternative first referee has been approved

iii. Applicant is a permanent principal or is currently a teacher, executive or principal undertaking a relieving principal role of one term or longer.

Application type	Teacher position	Executive position	Principal position
First referee requirements	First referee is current Director, Educational Leadership unless an alternative first referee has been approved.	First referee is current Director, Educational Leadership unless an alternative first referee has been approved.	First referee is current Director, Educational Leadership unless an alternative first referee has been approved.

iv. Applicant is a permanent teacher, executive or principal in a Non-School Based Teacher (NSBT) position with right of return to a substantive school based position.

Application type	Teacher position	Executive position	Principal position
First referee requirements	First referee is current principal unless an alternative first referee has been approved.	First referee is current principal unless an alternative first referee has been approved.	First referee is current principal or Director Educational Leadership unless an alternative first referee has been approved.

v. Applicant is a permanent teacher, executive or principal in a Non-School Based Teacher (NSBT) position with no right of return to a substantive school based position, or is a temporary employee

Application type	Teacher position	Executive position	Principal position
First referee requirements	First referee is current NSBT supervisor unless an alternative first referee has been approved.	First referee is current NSBT supervisor unless an alternative first referee has been approved.	First referee is current NSBT supervisor unless an alternative first referee has been approved.

vi. Applicant is a department-approved casual or temporary teacher currently employed in a NSW public school, or with substantive blocks of employment (at least 4 weeks full time or equivalent part time) in a NSW public school/s in the last 12 months

Application type	Teacher position	Executive position	Principal position
First referee requirements	First referee is applicant’s current (or most recent, as appropriate) principal or executive supervisor	First referee is applicant’s (or most recent, as appropriate) principal or executive supervisor	First referee is applicant’s (or most recent, as appropriate) principal or executive supervisor

vii. Applicant is a not a current department employee, and is either employed in another education jurisdiction at time of application, or does not have current employment as a teacher

Application type	Teacher position	Executive position	Principal position
First referee requirements	First referee is applicant’s current or most recent principal or executive supervisor, or director (where applicant is a principal)	First referee is applicant’s current or most recent principal or executive supervisor, or director (where applicant is a principal)	First referee is applicant’s current or most recent principal or executive supervisor, or director (where applicant is a principal)

Notes:

1. Current principal (or director where applicable, e.g. where the applicant is a current principal) is the principal/director who is currently supervising the applicant. As applicable, this may be a relieving principal/Director where the supervision relationship has been ongoing for at least one term or the principal/director where a permanent teacher is undertaking a temporary engagement of at least one term, inclusive of higher duties arrangements in the same or another school.
2. In the case of a NSBT, where the NSBT holds a right of return to a permanent position in their substantive school, the first referee should be the principal of that school, unless circumstances described in 6.1 (d) support a request for an alternate referee. Where the NSBT is a current principal, and holds right of return, the first referee should be the Director, Educational Leadership for the school based role.
3. Where an applicant occupies two or more permanent part time roles the applicant may elect either principal as their first referee, taking into account the specific confirmation that is required of the first referee.
4. In the case of a school counsellor, particularly where the counsellor works across multiple schools, it may be more appropriate to have the Senior Psychologist Education (SPE) or Leader Psychology Practice (LPP) as first referee, noting the SPE//LPP provides clinical supervision. In this case, the applicant should seek approval for an alternative first referee.
5. In the case of a casual or temporary teacher, current principal or executive supervisor refers to the principal of the school where the applicant is undertaking/has undertaken substantial teaching – that is, at least 4 weeks full time, or equivalent part time - within the last 12 months, or may also be a deputy principal, head teacher or assistant principal where more appropriate – that is, where the temporary engagement has been of a shorter duration and the primary supervision relationship has been with the executive teacher.
6. In circumstances where the applicant is a new graduate and has not yet undertaken any paid teaching work, a recent supervisor may be the supervising teacher from the last practicum placement.

d) Alternative first referee

It is recognised that there may be circumstances where an applicant may seek to request an alternative first referee.

Such circumstances would include:

• Where there are personal and/or professional circumstances impacting the relationship between the applicant and the current principal/Director, and which 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 NSBT with right of return and has not worked in their substantive school for at least one (1) school terms.
• Where the applicant is a school counsellor working across multiple sites.

A request for an alternate first referee may be made proactively, that is, prior to preparing an application for a specific role, or may be in relation to a current advertisement.

Note: Where the request is being made in relation to a current advertisement, the request must be submitted at least five business days prior to the application closing date.

An applicant seeking an alternative first referee must submit this request via email to teacherrecruitment@det.nsw.edu.au.

This email must include as the subject line REQUESTING ALTERNATIVE FIRST REFEREE. The request must include:

• the position/s being applied for and requisition number/s (where applicable)
• the closing date/s for the advertisement/s (where applicable)
• detailed reasons for requesting an alternative first referee
• the period of time the alternative first referee is requested (that is, for a specific application or for a period of up to one term and no more than 12 months)
• the name, title and contact details of the proposed alternative first referee, and their professional connection to the applicant
• confirmation that the alternative first referee has agreed to the request

Each request will be considered on a case-by-case basis. Prior to approval, the principal/Director will be contacted to confirm that the applicant is meeting the Australian Professional Standards for Teachers* and that they are not receiving individualised support** in relation to performance concerns..

The alternative first referee will be approved until Day 1, Term 1, 2025, or when the new Merit Selection Procedure is implemented, if this occurs earlier.

The approval, if granted, will be for a specific alternative first referee. Where the request is from a current department teacher, the alternative first referee should be a permanent employee of the NSW Department of Education. The alternative referee must have recent knowledge of the applicant’s work in a school (or non-school based teacher) position.

Written advice of the outcome will be provided to the applicant. Where a request for an alternate first referee is approved, the applicant must attach the approval to any application they submit during the approved time period. A copy of the outcome advice will also be retained on the applicant’s personnel file.

Responsibilities of selection panel members

a) Contacting referees

As part of the shortlisting process, the selection panel will contact two referees for applicants for teacher, executive or principal positions who are actively being considered to proceed to interview.

As far as practicable, referees should be contacted in the order listed by the applicant – that is after the first (mandatory) referee is contacted, the panel should then contact the second listed referee, then (where applicable) the third listed referee.

Only in the instance where the panel has made all reasonable effort to contact a referee and the referee is not contactable at the time should the order of referee contact be altered.

b) Incorrect first referee

Where a selection panel believes, or is aware, that the applicant has listed a first referee that is not compliant with the requirements regarding first referee, where there has been no alternative first referred approved as outlined in the requirements, and where that applicant is otherwise being considered to proceed to interview - the hiring manager should contact the applicant and provide an opportunity for the applicant to amend their referees within a reasonable timeframe. If the applicant declines to amend their referees, the hiring manager should keep a written record of this decision. The panel must then consider the application as non-compliant, and record this decision in the shortlisting report.

Note: An applicant with approval for an alternative first referee will have formal written advice from School Workforce confirming that approval, including the approved alternative referee. This information should be attached to the application where possible, or otherwise provided to the panel convener as soon as possible.

c) Unexpected change of referee

In the circumstance that an applicant contacts the hiring manager to advise one of their referees is not contactable due to unexpected illness or other exceptional circumstance only, the hiring manager can accept an appropriate alternate referee. Any changes for this reason must be confirmed in writing and advised to the full panel as soon as possible.

d) Participation of panel members in the referee contacts

All panel members will be provided the opportunity to be involved in contacting referees if they wish. As a minimum, the panel convener and at least one other panel member nominated by the selection panel will contact referees. If all panel members are unable to be present when the two referees are contacted, care must be taken to report referee comments to the other panel members before any decision to shortlist applicants for interview is made by the full panel. The panel convener and panel member should take notes of the referee comments and provide these to the full panel.

e) Referee questioning

As all applicants are unique, it will be necessary to verify, test and explore different issues with regard to the selection criteria for each applicant with their referees. Whilst all questions must be consistent, fair and based on the selection criteria, it is appropriate that referees may be asked different questions to clarify different aspects of the selection criteria.

For all merit process, both the first referee and second referee will be contacted as part of the shortlisting process where an applicant is being actively considered for shortlisting. Shortlisted applicants can only be invited to interview once notification is received from Teacher Recruitment that the shortlisting outcomes have been reviewed and confirmed.

For executive and principal positions where the selection panel is deliberating on the relative merits of two or more applicants following the interviews, the panel will contact the third referee of the proposed recommended applicant and those being considered for inclusion on the eligibility list. In the event that the panel is in unanimous agreement of the outcome following interview, the panel is not required to contact the third referee.

The selection panel should keep a record/summary of all contacted referees’ comments, particularly for recommended and eligible applicants. Should an appeal or minority report be submitted, the hiring manager may be requested to provide this record/summary to confirm the nature of the information provided.

Responsibilities of referees

The function of referees is to provide advice to the selection panel on the applicant’s professional competence for the advertised position.

Referees have an obligation to provide accurate, truthful responses to the questions asked by the panel about an applicant. In the instance where the referee is an employee of the department, to do otherwise may breach the department’s Code of Conduct. Should such a breach occur, appropriate action will be taken.

Shortlisting

The shortlisting process should be completed within seven working days after the closing date and time of the job posting. Where there are extenuating circumstances that would prevent this, the panel convenor must contact School Workforce for advice.

Before shortlisting, the panel convener must ensure all applications have been downloaded from iWorkforNSW. The selection panel must consider all applications received by the closing date.

All panel members must be involved in shortlisting applicants after the closing date. Shortlisting must be based on the selection criteria and information provided by applicants in their application.

Applicants should be excluded from further stages of the selection process if they:

• do not satisfy the selection criteria,
• do not show evidence their skills and knowledge are competitive with other applicants.

Once shortlisting is finalised the panel convener will submit the outcomes through iWorkforNSW to School Workforce to confirm eligibility of the applicants to be interviewed.

The panel convener must confirm in the shortlist outcomes that all selection panel members are aware of the correct shortlisting steps, have participated in the shortlisting process, and declared any personal knowledge of, involvement with, or interest in, any of the applicants.

If no applicant is shortlisted the panel convener must submit a request contribution through iWorkforNSW to advise the shortlisting outcome and confirm the selection panel members are aware of the correct shortlisting steps, have participated in the shortlisting process, and declared any personal knowledge of, involvement with, or interest in, any of the applicants.

Panel conveners must not contact applicants until shortlisting outcomes are confirmed by School Workforce.

Confirming eligibility of shortlisted applicants

When determining eligibility for advertised teacher, executive or principal positions, School Workforce will consider if the shortlisted applicant:

• is eligible for approval to teach in the NSW Department of Education (if not currently permanently employed by the department)
• meets the qualifications and/or eligibility requirements (e.g. head teacher positions) for the position
• needs to be flagged for review with Professional and Ethical Standards (PES) and/or Health and Wellbeing.

Information about approval to teach in NSW public schools is located on Teach NSW.

Information about eligibility requirements to apply for head teacher positions in NSW public schools is in the Head Teacher Eligibility Requirements Policy.

To be appointed as a high school principal or central school principal, it is essential the applicant has a degree from a recognised university, or qualifications considered to be equivalent.

In addition to the eligibility requirements for classroom teacher, executive and principal positions outlined above, teachers in NSW public schools must hold qualifications that meet the requirements of the NSW Education Standards Authority (NESA) and the provisions of the Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2020 or its successor.

Teachers must demonstrate a level of professional expertise consistent with the Australian Professional Standards for Teachers and hold accreditation with NESA.

Interview Process

Contacting applicants after shortlisting

Once School Workforce has confirmed the eligibility of applicants shortlisted for interview, the panel convener contacts the shortlisted applicants and invites them to proceed to interview.

The panel convener must provide applicants with the minimum notice of their interview provided in the table below.

Shortlist and notify of interview	Earliest interview
Thursday	The following Tuesday
Friday	The following Wednesday
Monday	The following Thursday
Tuesday	The following Friday
Wednesday	The following Monday

Before contacting applicants shortlisted for interview, the selection panel must:

• Decide the allocation of time for each interview,
  • The time allocated should be consistent for each applicant and may vary according to the position. A common interview length is around 30 minutes,
  • Allow time between interviews for panel discussion and note taking. It is the hiring managers responsibility to ensure that interviews do not run over time.

• Decide how the interviews will be conducted,
  • Interviews should be planned to minimise disruption to students.
  • Where a face-to-face interview is not possible and where online technology is available, it can be used by the selection panel and applicant to minimise disruption to schools and students.
  • While face to face interviews are preferred, the panel may use a combination of online, phone and face to face interview methods in certain circumstances, ensuring no applicant is disadvantaged.

When contacting applicants for interview, the panel convener should provide the following information:

• Position title and school,
• Type of interview,
• Date and time of interview. For online and phone interviews, the panel convener should confirm the selection panel will contact the applicant at the interview time,
• Location of interview, providing directions where necessary,
• Composition and names of the panel members.

Interview preparation

The purpose of the interview is to verify, test and explore different aspects of the selection criteria for each applicant.

Panel members must remember the interview is only one factor in determining the most suitable applicant for the position. The selection panel will make its recommendation based on the extent to which each applicant meets the selection criteria for the position after assessing information from all stages of the selection process including the application, and interview.

Physical environment

Arrange a suitable venue for the interviews. The panel convener should ensure appropriate support is provided to set up online and/or phone interviews if required.

The location should be quiet and ensure the interview is uninterrupted. An appropriate sign on the door to alert visitors an interview is taking place and a reminder to panel members to switch off mobile phones will assist.

Interview questions

Interview questions must be based on the selection criteria and should explore each applicant’s skills and knowledge and how these could be used in the position.

For executive and principal positions, the questions should explore aspects of both the general and specific selection criteria.

As all applicants are different it will be necessary to verify, test and explore different aspects of the selection criteria for each applicant. Whilst all questions must be fair and based on the selection criteria, it is appropriate and, in many cases, expected that applicants will be asked different questions to clarify different aspects of the selection criteria.

Interview techniques – Adherence to the EEO principles

The panel convener must ensure there is no unfair questioning or assessment of applicants in any part of the process.

An applicant should not be asked about a partner, partner’s employment or salary, children, dependants or childcare arrangements, credit status, age, home ownership status, marital status, sexuality, pregnancy, race, ethnic or ethno-religious background, political party affiliation, trade union membership, or other matter not relevant to the selection criteria.

The panel convener must suspend the selection process in cases where there is any suggestion of misconduct, prejudice or unfair questioning. Such instances are to be reported in detail immediately to the relevant manager in School Workforce.

Preliminary briefing session (on the day of the interviews)

The panel convener should:

• remind panel members of their responsibilities to adhere to EEO principles and maintain confidentiality of the selection process

• remind panel members of the position requirements and selection criteria
• discuss factors such as body language, voice projection, confidence of manner and questioning styles. It is important to realise the personal style of some applicants will be influenced by factors such as culture and gender

• ensure the interview space and furniture are organised
• check that phones are turned off.

Conducting interviews

The interview should be conducted in a relaxed atmosphere. The panel members should display positive body language, welcoming attitude and interest in the applicant’s responses.

The panel convener should encourage the applicant to seek clarification during the interview if required.

All panel members must be involved in the interview stage and where a panel member is unable to attend contact must be made with School Workforce immediately.

The panel convener will:

• introduce themselves and the panel members
• outline the procedure for the interview, including the length of the interview and that the applicant will be given time before the end of the interview to provide additional information if time is available
• indicate the panel members will be taking notes during the interview
• ensure each interview keeps to the scheduled timeframe.

The panel convener should ensure:

• all panel members treat all applicants fairly and consistently
• applicants are informed if the interviews are running late. Whilst every effort to keep within time should be made, delays are sometimes unavoidable.

• the needs of any applicant are met, e.g. an applicant requiring a reasonable adjustment
• disruptions do not occur.

For interviews being held through online technology, the panel convener should:

• ensure all panel members are present during each interview and can hear and assess the applicant’s answers

• confirm with the applicant that they are alone and will be alone for the duration of the interview
• confirm that the applicant can see and hear the panel.

Post interview procedure

Sufficient time must be provided at the end of the interviews for panel members to deliberate on the interviews, review application and referee comments and determine selection outcomes.

For executive and principal positions where the panel are not in unanimous agreement on the recommended applicant the third referee must be contacted in line with referee questioning.

The assessment discussions must focus on the capacity of each interviewed applicant to undertake the responsibilities of the position in terms of the selection criteria and must be limited to issues relevant to the position. Irrelevant or private personal information about an applicant is not to be discussed.

The selection panel should ensure information from all stages of the selection process is considered in the assessment discussions.

If photocopies of applications were provided to panel members, the panel convener is responsible for collecting and destroying these copies after all interviews are complete. It is important the hiring manager collects all notes from panel members at the end of the interviews. Where electronic copies of material were distributed to panel members, the hiring manager must ensure that panel members understand their responsibility to delete copies of all material relating to the application and selection process.

The panel convener must keep all original documents, including applications, selection panel notes and other related material in a secure place for 12 months following the completion of the selection process, before being destroyed. The panel convener may choose to scan these documents into the iWorkforNSW requisition instead of keeping hard copies at the school or office location.

Preparing the selection process outcomes

The panel convener submits the interview outcomes in iWorkforNSW, including information about the recommended applicant, eligibility list, and applicants not recommended.

The interview outcomes need to be supported by documentation relating to the selection criteria and the various decisions and recommendations of the selection panel, as well as evidence for determining any appeals.

Note: It is essential that the selection process outcomes are developed by the entire selection panel.

The panel convener should record the collective view of the selection panel about the selection criteria to provide positive, professional and development feedback to the applicants.

Candidates recommended for a position or for the eligibility list

The interview outcomes must include reasons for recommending an applicant. Where the selection panel has considered all applicants against the selection criteria and are unable to recommend any applicant for appointment, the panel convener must submit this as a request contribution in iWorkforNSW.

Note: The selection panel must only place an applicant on the eligibility list if they consider that the applicant meets all the selection criteria at the level required for the position.

Applicants placed on the eligibility list could be offered the position, in order of their placement on the list, if the position becomes vacant during the 12-month life of the eligibility list. They may also be offered an equivalent position at another school, where this is the recruitment method of choice.

Minority reports

If there is a dissenting panel member, that dissent must be recorded via a minority report.

A minority report can be submitted from any panel member and must be submitted at the same time as the selection process outcomes in iWorkforNSW. There can be more than one minority report.

The minority report should include the reasons for a dissenting view in relation to the selection criteria, together with the name of the preferred applicant and the reasons for supporting that applicant based on the selection criteria.

The relevant manager in School Workforce will review the documentation provided by the panel and determine the course of action. Typically, where the dissent is a difference of opinion, but where there is no evidence to suggest that the merit selection procedure was not followed correctly, the majority decision of the panel will stand.

Inability to reach a decision

Where the selection panel, after deliberations on the merits of the applicant/s, are unable to reach a decision on the recommended applicant, the panel convener must seek advice from the relevant manager School Workforce.

Confidentiality

The panel convener should remind all panel members about confidentiality and that all enquiries must be referred to the panel convenor only.

In the event of an appeal, the Appeals Panel may need to contact panel members about the processes used by the selection panel. Panel members should note that responses to requests for information by an Appeals Panel do not break the confidentiality requirements.

Approval of the interview outcomes

School Workforce must be satisfied the recommended applicant is the best person for the position, based on the evidence provided of the merit selection process.

Where a minority report has been submitted or no panel majority outcome has been reached, the relevant manager School Workforce will review the merit process and determine the course of action.

Once the interview outcomes are approved, School Workforce will notify the panel convener, through iWorkforNSW, that they can contact the recommended applicant and offer the position.

Advising applicants of the outcome of the selection process

Notifying the successful applicant

Once the panel convener has been advised that the selection process outcome is confirmed by School Workforce, the panel convener will offer the position to the successful applicant by phone.

For executive positions the successful applicant is to be informed that appeals from applicants for the position must be lodged with the Director, School Workforce, or nominee, no more than 10 calendar days after the day on which applicants are first notified (verbally or in writing) that their application was unsuccessful.

The verbal offer by the panel convener must be followed by written correspondence to the successful applicant. The written correspondence should be generated by the panel convener in iWorkforNSW at the end of the process and include advice to the successful applicant that School Workforce will invite them by email to formally accept the offer and commence the pre-employment process.

A teacher whose appointment is subject to appeal will not take up duty in the new position until the outcome of the appeal is determined.

Where an applicant declines the verbal offer of the position, the panel convener must note this on iWorkforNSW and then contact School Workforce for advice about the action to be taken, including access to the eligibility list.

Notifying the unsuccessful applicants

Immediately after the successful applicant accepts the position offer, the panel convener must phone each applicant who was unsuccessful at interview and inform them of the outcome of the selection process and whether they have been placed on the eligibility list for this position. The hiring manager should also offer to provide feedback about the selection criteria and negotiate a suitable time within 10 calendar days if feedback is desired.

For executive positions, applicants who wish to appeal the decision based on an irregular or improper selection process must do so within 10 calendar days of being notified of the selection process outcome.

It is essential to notify all unsuccessful applicants immediately to provide the opportunity for them to appeal, where appropriate, against the process. Appeals must be lodged via email to SS.SelectionAppeals@det.nsw.edu.au no later than 10 calendar days after the day when the applicant is first notified (verbally or in writing) of being unsuccessful in their application.

Immediately after the successful applicant accepts the position offer, the panel convener must generate letters to all unsuccessful applicants, including ineligible applicants and applicants not successful in gaining an interview. This correspondence is generated through iWorkforNSW.

In these letters applicants are invited to contact the panel convener for feedback about their application. The letters also include information about the appeals process (where applicable).

Providing feedback

The panel convener is the only person to provide feedback and all enquiries should be redirected to them.

Feedback should be available to all applicants who applied for the position, following the approval of the selection panel’s recommendation and after the offer has been accepted or, where there is no recommended applicant, after the selection process is complete.

Feedback is an important part of the learning process. Feedback provides positive assistance to applicants who have been unsuccessful in the selection process. It does not imply unsatisfactory standard of work or behaviour. Feedback should emphasise the strengths of the applicant and offer positive suggestions to improve areas that were not strongly demonstrated.

Feedback should focus on the extent to which the applicant demonstrated their ability to meet the selection criteria. When providing feedback, the panel convener can discuss the application, interview techniques and referee comments. They should not discuss other applicants and their application and performance.

Where appropriate, applicants should be advised of areas where they could enhance their opportunities for success. These areas could include expanding job experiences, professional development, additional studies and presentation at selection interviews. Issues outside the selection criteria and selection process should not be discussed.

The panel convener should prepare for the feedback discussion by checking the selection criteria and reading through the notes from the selection process.

Feedback to applicants not successful in gaining an interview

Initial feedback about the selection criteria, if requested, must be provided to applicants within 10 calendar days after the day the applicant is first notified (verbally or in writing) of being unsuccessful in their application.

In some circumstances, where detailed feedback is required, it may be necessary to provide feedback outside the 10-day calendar period.