Most Crown reserves depend on staff, contractors, volunteers and others to operate. Ensuring that people involved in Crown land are valued and supported will help to ensure the ongoing viability of Crown reserves.
The following information provides guidance on your obligations for managing people on reserves, including recruitment, working conditions, training and other related responsibilities. Guidance on supporting and retaining volunteers is also provided.
When employing staff or contractors, make sure it’s done legally, and that the employee or contractor is properly engaged with all the required benefits and/or insurances in place. The recruitment process should be fair and equitable. It is not appropriate to give a job to a friend or to someone who has been doing the job in a voluntary capacity for many years, unless they are selected as part of a formal recruitment process.
Regardless of whether the person doing a job is being paid, they should have the appropriate skills and training. Training or certification can help avoid accidents in the workplace. Employees are entitled to all the rights available to them under the Work Health and Safety Act 2011.
Appointing staff is the first step in a labour management system. To ensure appropriate staff are appointed, and the process of sourcing that labour is fair and transparent, the responsibilities and requirements of the intended position must be clearly defined.
The selection of one individual in preference to another is based on the ability to perform a clearly defined task with a skill set appropriate to the role in question.
Generally, CLMs should not employ family members or close relatives in paid positions. Where family members or close relatives are applicants for positions, CLMs should ensure that there is no conflict of interest in the decision-making process and that decisions are made by, and consistent with, fair and equitable assessment processes.
When appointing staff, it is important to document all details of the selection process. It might be necessary sometime in the future to show that the appropriate actions were taken in the placement process, and written records will assist with this.
Develop a job description that outlines the purpose, accountabilities and reporting relationships of the role.
The first stage is to undertake a job analysis. A job analysis aims to answer three key questions about the role:
The department can provide a checklist of matters that should be covered when undertaking a job analysis.
Using the information gathered through the job analysis, a job or work description can be developed. Ideally, job descriptions should be:
Download the job description template
There are a number of approaches that can be taken to advertising positions on the CLM board and positions employed by the CLM. Depending on the nature of the position, these might include:
The CLM should convene a panel to assess applications and interview potential candidates. Panel members may include CLM board members, reserve managers and staff. It should include both males and females.
Panel members should be familiar with the job and work descriptions of the position being advertised.
For the selection of a candidate to be transparent and fair, members of the panel should declare any interest they have in selecting or excluding a particular candidate, and if they have a personal interest, should not take part in the selection process.
When interviewing candidates, it’s best to use behaviour-based questions, where individuals are asked to give examples of their previous behaviours as an indicator of how they are likely to act in a similar situation. Where possible, you should ask questions relating to situations that might arise in the role.
The interview panel should select a candidate based on the agreed selection criteria, developed from the job and work descriptions.
When appointments are made, it’s important to have accurate job and work descriptions for both employees and volunteers to ensure there is a clear understanding of expectations between individuals and the CLM.
At times it may be necessary to use the services of contractors. When using contractors, ensure that the worker is actually a contractor and is classified as such, rather than being classified as an employee. If an individual is incorrectly employed as a contractor when they should be an employee, the CLM might underpay workers compensation and payroll tax obligations, or be liable for employee entitlements.
The department has a policy that outlines how contractors and consultants should be sourced and managed. Contact the department to obtain further information on this policy.
There is no definitive test to determine employee versus contractor status. If you’re not sure which category fits one of your workers, the section below outlines indicators that can be used to assess whether a worker is a contractor or an employee.
|Indicator||Worker is likely to be an employee||Worker is likely to be a contractor|
|Control||The CLM has the right to control how, when and where the worker carries out the work.||The worker is required to provide a specified result and may manage how, when and where the result is achieved.|
|Results||The contract is for the labour or services of the worker.||The contract is for the achievement of a given result.|
|Independence||The worker is obliged to perform more than just a set of specific duties in accordance with a contract.||The worker is obliged to perform only the specific duties that are detailed in the contract.|
|Power to delegate||The worker does not have the right to delegate work to others. Permission may be required from the worker’s supervisor to make such a delegation.||The worker has unlimited power to delegate work to others in order to complete a task.|
|Risk||The worker has little or no exposure to risks associated with the work being performed. Examples of risk include prospective cost of injury, prospective cost of payment default.||The worker stands to make a profit or a loss on the task. He or she also is exposed to risks associated with the work.|
|Basis of payment||The worker is paid an hourly rate, piece rates or award rates.||The worker is paid based on the achievement of the specified results.|
|Tools and equipment||The worker uses tools and equipment provided by the employer.||The worker uses his or her tools and equipment.|
|Hours of work||The worker works standard or set hours.||The worker is free to determine his or her own hours of work.|
|Appointment||The worker is recruited via an advertisement by the employer.||The worker advertises his or her services to the public at large.|
|Conditions of engagement||The agreement has characteristics associated with an employment relationship, such as leave entitlements, superannuation benefits and reimbursement of expenses.||The agreement is not characterised by conditions usually associated with an employment agreement.|
The Broken Hill Regional Events Centre has hosted a number of work for the dole projects, where the program not only provided workers, but also helped fund the material. Chair of the board, Cheryl Krutli, says it’s been great for the reserve, and for the workers too.
“For example, if we wanted to do some fencing or construct a new shed, we applied to the program which funded the project supervisor and contributed to the materials, with the board funding the balance", said Cheryl.
“We’ve also been very fortunate where they’ve done things like building a retaining wall or helped put up a new fence, and erected a camp kitchen and a storage shed. Their contribution with funds and labour has meant the projects happen a lot sooner than if we had to do it all ourselves.
“And I think it’s good for the participants, some of whom have been on benefits for a very long time. They learn some new skills.
“On one of our projects, about two or three years ago, we had 11 participants. Afterwards, six of them got part- or full-time work with the contractors – like the concreter or the guy supervising putting up the shed.”
This Crown land manager web resource was printed on 24 Oct 2019. The information contained in this web resource is based on knowledge and understanding at the time of writing Oct 2019. However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information by referring to the website (www.reservemanager.nsw.gov.au).
© State of New South Wales through Department of Planning, Industry & Environment 2019.
Page link: https://reservemanager.crownland.nsw.gov.au/administration/managing-people