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Merit

Employment decisions in the Australian Public Service (APS) are based on merit, which is one of the APS Values (see para 10(1)(b) of the Public Service Act 1999 (the Act)).

At a minimum, all employment decisions should be based on an assessment of a person’s work-related qualities and those required to do the job (see clause 2.3(1)(b) of the Public Service Commissioner’s Directions 1999).

For decisions that may result in the engagement or promotion of an APS employee, the assessment must be competitive. Under subsection 10(2) of the Act, a decision is based on merit if:

an assessment is made of the relative suitability of the candidates for the duties, using a competitive selection process; and
the assessment is based on the relationship between the candidates’ work-related qualities and the work-related qualities genuinely required for the duties; and
the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the duties; and
the assessment is the primary consideration in making the decision.

For the assessment to be competitive, it should also be open to all eligible members of the community (see para 10(1)(m) of the Act). For ongoing jobs and non-ongoing jobs for more than 12 months, this is achieved by notifying the job in the APS Employment Gazette on the APSjobs website.

The work-related qualities that may be taken into account when making an assessment include:

Skills and abilities
Qualifications, training and competencies
Standard of work performance
Capacity to produce outcomes from effective performance at the level required
Relevant personal qualities
Demonstrated potential for further development
Ability to contribute to team performance.

Secondary considerations

Secondary selection considerations can form part of a merit-based employment decision. They are not directly related to the relative suitability of a person to perform the duties or the work-related qualities needed to perform the duties (the primary consideration of merit). In practice, they are often factors that may vary over time (eg an applicant's availability) or are within an applicant's control (eg willingness to relocate or accept a particular salary).

While the Act does not define secondary selection considerations, agencies should ensure that any use of these considerations is in accordance with the APS Values of fairness, reasonable access, equity and freedom from discrimination; and that they are not used in a way that constitutes patronage or favouritism or direct or indirect discrimination under anti-discrimination law. The use of secondary selection considerations will require agencies to consult with applicants as appropriate during the selection process and, in particular, when making offers of employment.

Consistent with the requirement that merit-based assessment be the primary basis for a selection decision:

a secondary selection consideration cannot be given such prominence that it becomes the primary consideration
a person who is not assessed as suitable for the duties to be performed cannot be selected on the basis of secondary selection considerations.

For more information about secondary selection considerations, see Appendix A of the Ongoing Employment: recruitment and related issues booklet.