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Last updated: : 22 December 2004
Ongoing employment – Recruitment and related issues
Frequently Asked Questions
9. What are the legislative requirements about providing feedback to unsuccessful applicants and releasing selection documentation?
The Agency Head is responsible for developing policies to apply to provision of feedback to unsuccessful applicants and the release of documentation relating to selection decisions to interested parties in accordance with the Freedom of Information Act 1982 (FOI), the Privacy Act 1988 and other relevant legislation. Decisions relating to assignment of duties, moves between agencies, promotions and engagements are exempt from the requirement under section 13 of the Administrative Decisions (Judicial Review) Act 1977 to give statements of reasons—see Schedule 2 items (q) and (t).
Given the APS Values requiring a fair workplace, transparency in selection processes and a career-based service, it is good practice to notify unsuccessful applicants and offer them counselling. This has benefits in terms of the individual's development and provides accountability in the selection process. In addition, provision of feedback or counselling may assist in reducing the number of promotion reviews that are instigated in order to obtain information on performance.
If an unsuccessful applicant requests access to a selection report under FOI, he or she usually will be entitled to see the material about himself/herself plus the successful applicant (subject to the possibility that some exceptions may apply eg if an external referee report was given in confidence). The Information Privacy Principles preclude giving information regarding other applicants.
