Frequently asked questions

Must a selection decision be based on advertising and competitive processes?

Engagement and promotion

Section 10(2) of the Public Service Act describes merit in relation to engagement and promotion. It requires that:

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.

Clauses 4.2(3) (in relation to engagement) and 4.6A(2) (in relation to a promotion) of the Commissioner's Directions require that the vacancy be advertised before filling.

Other selection decisions

For other selection decisions (such as assignment of duties at level or to a lower classified position, whether on an ongoing or temporary basis or temporary assignments to a higher classification) merit is defined at Clause 2.3(1)(b) of the Public Service Commissioner's Directions

"for any other employment decision in the Agency -- the decision is made on the basis of an assessment of a person's work-related qualities and the work-related qualities required for efficient and effective organisational performance."

There is no requirement to advertise or hold a competitive process in such casses. It is open, for example, for an Agency Head to assign a person duties in order for the person to develop particular skills so as to enhance "efficient and effective organisational performance".

Temporary assignment

In addition, for temporary assignment to a higher classification (whether within the same or to another agency), Clause 4.7 of the Public Service Commissioner's Directions requires the Agency Head to consider:

the efficiency of the employee;
the relative importance to the Agency of the duties to be performed at the higher classification and the other duties to be performed in the Agency;
the length of the period in which the employee is to perform duties at the higher classification;
the expected cost of the employee performing duties at the higher classification;
the need for APS employees to be given the opportunity to gain experience in performing duties at a higher classification.

There is no general requirement that such opportunities be advertised. However it is possible that an agency's Certified Agreement and/or human resource policies may impose some obligations within that agency.

More detailed information is included in Ongoing employment - Recruitment and related Issues.

REFERENCES:

Public Service Act 1999 - section 10(2)

Clause 2.3(1)(b) and 4.7 of the Public Service Commissioner's Directions

Ongoing employment - Recruitment and related Issues

Information