Ongoing employment – Recruitment and related issues

Appendix C: Gazette notification requirements

Note: All notifications of employment opportunities or decisions notified in the Gazette should refer to the approved classification i.e. the notification should state the approved classification as per Schedules 1 and 2 of the Classification Rules.

Notification of certain employment decisions in the Gazette (Regulation 3.12)

The following decisions must be notified in the Gazette:
1. engagement of a person as an ongoing APS employee;
2. engagement of a person as an APS employee for a specified term of more than 12 months or for the duration of a specified task that is reasonably estimated to take more than 12 months;
3. engagement of a person as an APS employee under paragraph 72 (1) (c) or (d) of the Act:
  1. as an ongoing APS employee; or
  2. for a specified term of more than 12 months; or
  3. for the duration of a specified task that is reasonably estimated to take more than 12 months;
4. in relation to a person who is engaged as an APS employee for a specified term of less than 12 months—extension of the engagement that results in the term of engagement being more than 12 months;
5. movement (other than a promotion or temporary movement) by an ongoing APS employee to perform duties in another agency if the opportunity to apply for the relevant employment was notified in the Gazette;
6. assignment of duties (other than a temporary assignment of duties or an assignment of duties because of a promotion) to an ongoing APS employee in an agency if the opportunity to apply for the relevant employment was notified in the Gazette;
7. assignment to an SES employee of duties at a lower classification without the employee's agreement;
8. promotion of an ongoing APS employee;
9. termination, and the grounds for termination, of the employment of an ongoing APS employee under section 29 of the Act;
10. retirement of an SES employee within the period specified in a notice given to the employee under section 37;
11. promotion of an ongoing APS employee, following the decision of a PRC under subparagraph 5.18(1)(b)(ii), which has not been notified under paragraph (h).
If a decision mentioned in paragraph (1)(a) was made in accordance with the measures mentioned in clause 4.2 of the Public Service Commissioner's Directions 1999, the notification of the decision must include a statement to the effect that:
'This engagement is made in accordance with the provisions of subclause 4.2(2) of the Public Service Commissioner's Directions 1999—similar employment opportunity previously notified.'
If a decision mentioned in paragraph (1)(a) was made in accordance with the measures mentioned in clause 4.2A of the Public Service Commissioner's Directions 1999, the notification of the decision must include a statement to the effect that:
'This engagement was authorised by the Public Service Commissioner on (date) under clause 4.2A of the Public Service Commissioner's Directions 1999—exceptional circumstances.'
If a decision mentioned in paragraph (1)(h) was made in accordance with the measures mentioned in clause 4.6 of the Public Service Commissioner's Directions 1999, the notification of the decision must include a statement to the effect that:
'This promotion is made in accordance with the provisions of subclause 4.6A(2) of the Public Service Commissioner's Directions 1999—similar employment opportunity previously notified.'

Notification of cancellation of certain employment decisions in the Gazette (Regulation 3.12A)

Agencies are required to notify the cancellation of an employment decision which has been previously notified in the Gazette in accordance with Regulation 3.12. The cancellation decision and the date of effect of the cancellation decision must be notified in the Gazette.

Notification in Gazette of an ISAC recommendation (Regulation 4.10(2))

The engagement, promotion or assignment of duties made in accordance with an ISAC recommendation must be notified in the Gazette as having been made in accordance with an ISAC recommendation.

Notification of action not in accordance with ISAC recommendation (Regulation 4.11)

If, instead of acting in accordance with an ISAC recommendation in respect of an employment opportunity, an Agency Head promotes another ongoing APS employee to the relevant employment, the promotion is subject to review under Division 5.2.

The promotion must be notified in the Gazette as a promotion decision that is subject to review under that Division.

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