Ongoing employment – Recruitment and related issues

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Frequently Asked Questions

13. What happens when the Government implements administrative rearrangements?

The Act provides a head of power for the movement of staff affected by an administrative rearrangement. The Public Service Commissioner can, if satisfied that it is necessary or desirable in order to give effect to an administrative rearrangement, move APS employees to another agency without anyone's consent (section 72(1)(a)).

Once an administrative rearrangement has been announced by the Government, the APS Commission will make contact with the affected agencies to provide advice on how the rearrangement will affect staffing arrangements, including recruitment action that is in train. Agencies should refer to the Commission's website for details.

An administrative rearrangement will affect the use of existing orders of merit to fill similar employment opportunities. Where a function associated with an employee is moved to a new agency by an administrative rearrangement, a post-move (or gaining) Agency Head cannot continue to use an order of merit which was finalised in the pre-move (or losing) agency to fill the same or similar opportunity in the post-move (gaining) agency, even if the duties are the same and it is within 12 months from the date of the Gazette notification. This is because the provisions in Chapter 4 of the Directions require the employing Agency Head to have notified the employment opportunity.