I, Annwyn Claire Godwin, Merit Protection Commissioner, hereby:

• a. issue the following Instructions under regulation 4.5 of the Public Service Regulations 1999 (the Regulations) to commence on 6 December 2010; and
• b. revoke all Instructions previously issued under regulation 4.5 of the Public Service Regulations 1999 when these Instructions commence.

Background to Instructions

1. Under regulation 4.5, the Merit Protection Commissioner must issue Instructions about the procedures to be followed by an Independent Selection Advisory Committee (ISAC), individually and collectively, in performing its functions under Part 4 of the Regulations. The Instructions must not be inconsistent with the Act, the Regulations or the Public Service Commissioner’s Directions.
2. Under subregulation 4.5 (3), an ISAC must comply with these Instructions.
3. Under regulation 4.4, the procedures used by an ISAC in carrying out its functions must meet the following minimum requirements:
   • a. the procedures must have due regard to procedural fairness;
   • b. the functions must be carried out in private;
   • c. the functions of the ISAC must be finished as quickly, and with as little formality, as a proper consideration of the matter allows.
4. These Instructions are binding on an ISAC, not on agency heads. Nevertheless, to ensure the proper working of ISACs as a statutory function of the Merit Protection Commissioner, the Merit Protection Commissioner expects agency heads to observe the following processes in requesting that an ISAC be established:
   • a. the person nominated by the agency head under subregulation 4.3(1)(b) has the skills and attributes necessary to undertake his or her role independently and impartially and be aware of the relevant legislation, principles and guidelines;
   • b. the agency head notifies the employment opportunity(ies) in the APS Employment Gazette after the ISAC has been established, to enable reasonable time for:
     • the ISAC to satisfy itself that the selection process, including any proposed selection documentation and advertising, properly reflects the work-related qualities genuinely required for the duties; and
     • potential candidates to know that the selection will be undertaken by an ISAC and be provided with access to information on the ISAC process and the effect an ISAC process has on promotion review.

Definitions

In these Instructions:

Act means the Public Service Act 1999

Agency head means an agency head within the meaning of section 7 of the Act and includes a person authorised by an agency head for the relevant purpose

APS means the Australian Public Service

Candidate means a candidate for engagement, promotion, or assignment of duties on the recommendation of an ISAC

Employment opportunity means the job vacancy or vacancies to be filled on the recommendation of an ISAC

Gazette means the APS Employment Gazette

ISAC means an Independent Selection Advisory Committee established under Part 4 of the Regulations. In these Instructions there are individual obligations on the members of the ISAC and on the ISAC acting collectively.

Merit Protection Commissioner means the Merit Protection Commissioner appointed under section 52 of the Act and includes any person authorised by the Merit Protection Commissioner for the relevant purpose

Privacy Act means the Privacy Act 1988

Public Service Commissioner’s Directions means the directions made by the Public Service Commissioner under section 11 of the Act which apply at the time that the ISAC carries out its functions

Regulations means the Public Service Regulations 1999.