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Last updated: 1996

Recruitment and selection - The Essentials No. 2

Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.

Foreword

I strongly believe that agencies should have maximum flexibility to manage their own staff and be accountable for how they use that power. To this end I have now devolved most of the Public Service Commissioner's powers to Secretaries and Heads of Agencies.

It is clear that compared to 'Best Practice', recruitment and selection systems in the Australian Public Service (APS) can be costly, slow and deliver low staff retention rates. In addition, there appears to be an unnecessarily large number of selection processes taking place, when relatively low staff wastage rates are taken into account. It appears that as well as overly complex processes, the APS has a culture of 'self-navigation' where staff movements are driven more by the wishes of individuals than a considered and constructive balance between corporate and individual goals.

The aim of this publication is to assist agencies to address some of these weaknesses. It identifies the minimum legal requirements for selection and recruitment and demonstrates the capacity of agencies to strip back the non-essential elements of policy and traditional practice. This publication is the key first step in the reform process. The implementation of a new Public Service Act will provide the opportunity for the government to review the legislative framework which underpins recruitment practices.

This publication is the second in the essentials series, and replaces a large number of earlier publications totalling some 260 pages. It brings together in one place the essential requirements for recruitment and selection under the Public Service Act 1922. It also seeks to identify the principles which underpin good recruitment practice. It is designed to break down the 'mythology' of prescription which has developed around recruitment and selection and to encourage agencies to actively review and revise their own policies and practices. It has been prepared in consultation with the Merit Protection Commissioner.

Existing custom and practice have largely resulted from an earlier culture of guidance and control from the centre. However, just taking away the centrally imposed rules is not enough; change will only happen if departments critically evaluate their own behaviour in applying the minimum standards and principles.

I would emphasise that any changes in relation to staff selection will need to take into account not only the requirement for more efficient and flexible vacancy filling, but also the need to ensure that the APS effectively recruits and develops the diversity of talent in the Australian community.

Recruitment and selection practices are just one part of a broader people management framework, designed to have the right people (with the appropriate skills and qualities) in the right place at the right time. Recruitment activities need to be integrated with performance management, workforce planning, career development, mentoring and succession planning. Applying the principles and minimum standards in this publication is only part of the process. To compete effectively, each department needs to take a more strategic approach to human resource management.

I look forward to hearing about the success stories inspired by this publication. It is now over to you!

We would be happy to have suggestions as to other topics we could take up later in the essentials series.

Further information and guidance can be obtained from your Human Resources area or from the Public Service and Merit Protection Commission's Helpline, telephone (02) 6202 3859.

Dr Peter Shergold
Public Service Commissioner
September 1996

Section 1: Introduction

The policy of the Public Service and Merit Protection Commission (PSMPC) is to provide departments with maximum flexibility to manage within the existing legal framework.

This publication provides the minimum standards for APS recruitment and selection practices and encourages departments to examine and simplify their existing policies in line with legal and operational requirements.

Previously, the PSMPC or its predecessors took the approach of interpreting relevant legislation and issuing prescriptive guidelines. This is no longer appropriate in today's environment where departments are more diverse and responsibility more devolved.

The PSMPC believes it is better for agencies to focus on quality outcomes, and develop for themselves the particular means to achieve them within the existing legislative framework. The same standards apply to recruitment and selection that apply to other decision-making processes.

There is no longer any central guidance on major issues such as:

the methods used for selecting staff;
the form selection documentation should take;
the form selection reports should take;
timeframes for selection processes;
release of selection documentation; and
advertising and selection requirements for temporary performance.

However, it is essential that the important principles of APS recruitment and selection - particularly merit, equity and procedural fairness - continue to be applied, and that decision makers are well informed about the legal framework in which they are operating.

Scope of document

This document clearly defines the requirements under the Public Service Act 1922 and delegated legislation relating to recruitment and selection. It enunciates principles of good recruitment and selection and also provides a questions and answers section to assist in dispelling some of the 'mythology' that exists in this area.

The material in this document covers recruitment and selection of people to positions in the APS except for Senior Executive Service, Trainee Administrative Service Officer and centrally recruited Graduate Administrative Assistant positions. It does not cover reappointment issues or temporary employment.

The document has three major sections:

Principles - providing an outline of the principles that underpin good practice in recruitment and selection.
Minimum requirements under the Public Service Act framework - giving an overview of the elements of the selection and recruitment process, together with the legal requirements which apply to staffing under the Public Service Act.
Questions and Answers - aiming to dispel some of the 'mythology' which has grown up around recruitment and selection practices, and providing answers to questions commonly asked of the PSMPC.

This document replaces a number of existing PSMPC guidelines and circulars. The main publications replaced are the relevant booklets in the 1987 Streamlining series and associated entries in the Personnel Management Manuals. A full list of revoked material is included in appendix 1.

Definitions

Words and phrases in this document have the meaning attached to them in the Public Service Act 1922 and any reference to:

'APS' means the Australian Public Service

'the Act' means the Public Service Act 1922

'department' means a department or agency staffed under the Public Service Act 1922

'GECA' means APS General Employment Conditions Award 1995

'JSC' means Joint Selection Committee (an independent, tripartite selection committee for staff selection set out in the Act)

'MP (AGE) Act' means the Merit Protection (Australian Government Employees) Act 1984

'MPRA' means the Merit Protection and Review Agency

'Secretary' means a reference to a person performing the duties of an office, the holder of which has the powers of a Secretary or his/her delegate.

Help

Several sources of help and guidance are available to departments wishing to review their recruitment and selection practices.

Public Service and Merit Protection Commission

Further advice about minimum legal requirements and change methodology is available from the PSMPC on (02) 6202 3859.

Departments which have revised their processes

Departments which participated in the 1996 Joint Review of APS Recruitment and Selection Processes in conjunction with the PSMPC are willing to share ideas; as are the other agencies featured in appendix 6 - Departments Making Progress.

Section 2: Principles

A number of important principles underpin the development and operation of recruitment and selection practices.

Recruitment and selection practices are aimed at quality selection to achieve organisational objectives.
Information on job requirements, and the basis on which selection is made, is accessible, defines necessary abilities and skills, and is able to be assessed in a practical way.
All applicants in the appropriate labour market have access to vacancies.
Recruitment and selection processes are transparent and free of patronage, favouritism or unjustified discrimination.
Principles of equity and procedural fairness apply in making and reviewing decisions and actions affecting staff.
Recruitment and selection decisions are documented and where required, are based on merit and the relative assessment of applicants.
Recruitment and selection policies and practices:
- are consistent with Australian Government policies for the operations of government departments;
- assist staff to comply with the laws of Australia; and
- respect the rights, entitlements, duties and obligations of other staff and members of the public, consistent with the APS Guidelines on Official Conduct.
Delegates are accountable for recruitment and selection decisions and should therefore, be aware of, and receive training in relation to:
- administrative law aspects of decision making; and
- the legal framework for recruitment and selection.

Section 3: Minimum Requirements under the Public Service Act Framework

Introduction

The legislative framework governing recruitment and selection is complex. However, most selection activity is relatively straightforward.

There are four basic steps to be undertaken:

identifying that a vacancy (or vacancies) exist(s) and analysing the job(s) involved;
determining the selection method and how to advertise;
accepting applications and undertaking the selection; and
acting on the selection outcome.

For the vast majority of selection exercises the following apply:

for transfers, actions must be undertaken without patronage, favouritism or unjustified discrimination. However, a merit selection process is not required;
for promotions or appointments, in addition to action being undertaken without patronage, favouritism or unjustified discrimination, action should be in accordance with the merit principle and based on an assessment of relative efficiency or suitability respectively. In practice, the merit principle requires, so far as is practicable, that all those who are eligible should have a reasonable opportunity to apply, and selection should occur via fair and open competition.

The administrative law framework applies to recruitment and selection decisions just as it applies to other administrative decision-making processes.

Once a decision is made to choose an applicant, there are some legal requirements to be followed. Details of these are in appendix 3.

The flow chart in figure 1 illustrates the minimum steps in the selection process required under the Public Service Act 1922. This section of the booklet takes these steps and outlines the legislative requirements that must be met. Marginal notes indicate relevant provisions in the Act, Regulations, related legislation and some other relevant material. See also appendix 2 - Other Sources of Legal Obligations.

3.1 Identify vacancy and analyse job

When a position becomes vacant, it is open to management to determine whether:

to fill it;
to leave it vacant;
to abolish it; or
to reclassify it in accordance with the Department of Finance Position Classification Standards.

A vacancy may also arise when a new position is created.

Staffing action may also proceed if a position is expected to become vacant.
section 33AAA(2)

Management should be aware of the requirements in section 53A to advance officers in training offices.
section 53A

Analyse job and develop job documentation

Where a vacancy is to be filled, the requirements of the position and the existing job documentation should be analysed to ensure it accurately describes the current duties of the position.

Job documentation should clearly detail the duties to be performed and identify the skills, experience and abilities departments are seeking in applicants for the vacancy. This provides an ideal opportunity to target the field of applicants departments are trying to attract. While there is no specific requirement in the Act as to the nature of selection documentation, it is implicit in the Act and Regulations that some form of statement of the duties of an office will be developed and maintained. This implication stems from the fact that several important provisions of the Act would be unworkable in the absence of statements describing the duties of offices (sections 33, 50A, 76S).

3.2 Determine Selection Method and Advertising Requirements

Once a decision is made to fill a vacancy, the following options (excluding temporary employment) are available:

transfer an officer without a merit selection process;
section 50(3)
take the next available officer from an existing order of merit if it falls within the prescribed circumstances in the legislation;
sections 50, 50DA(11), (12), 50DB(12), (13) regulation 112
advertise the position within the APS and conduct a merit selection process;
sections 50, 50DA,50DB
advertise the position within the APS and externally and conduct a merit selection process; or
sections 33, 33A, 42, 50, 50DA, 50DB
make a temporary performance direction if the position does not require permanent filling. This can be done with or without a merit selection process.
section 51A, regulation 116A

Requirements for non-merit selection

Transferring an officer

A Secretary may transfer an officer to a vacant office within a department at any time without the officer being required to compete on merit, provided the officer meets any mandatory qualifications. However, an officer cannot be transferred to either a position of lower classification or one with different hours of duty without their consent in writing.
section 50(3), section 52(4), (5), (6)

An officer has the right to apply to decline a transfer within a department.
section 52

An officer cannot be transferred under section 50 from another department without the agreement of the officer and the Secretary of the losing department.
section 50J

A transfer usually takes place 7 days after a notice of transfer is given to an officer in writing.
section 50(5A), regulation 109

The procedures for making, notifying and declining transfers, dates of effect, release dates and other relevant issues concerning transfer are included in appendix 3.

Using an Existing Order of Merit

The following are circumstances where an existing order of merit can be used to fill a position by promotion without advertising:
section 50(1) regulation 112

where a person is selected for the position following a merit selection exercise and fails to take up duty; or
regulation 112(a)
where a selection exercise for an appellable position is undertaken and the position is filled and subsequently becomes vacant again or an identical position (same classification, duties and location) becomes vacant and the Secretary decides to fill the vacancy within 6 months of the original Gazette advertisement.
regulation 112(b), (c)

If the original selection process was conducted as a Joint Selection Committee (JSC), the existing order of merit may be used in the same way within 6 months of promotion or transfer to the original vacancy. Information on the conduct of Joint Selection Committees can be found in appendix 5.
section 50DA(11), (12), section 50DB (12), (13)

Advertising requirements for merit selection

The wording of the advertisement is one key to attracting a competitive field of suitable applicants.

Various advertising requirements are provided in the Act and in section 33A notifications issued by the Public Service Commissioner. The latest notification is that of September 1996. These requirements are summarised below.
section 33A notification of 26/9/96

All permanent vacancies must be advertised in the Gazette unless:

it is intended to fill the position by transfer;
it is a vacancy covered by the provisions of regulation 112 (or equivalent provision in sections 50DA or 50DB) such as where a person previously selected has failed to take up duty; or
it is to be filled by automatic advancement under section 53A of a person holding a 'training office'.

Section 33 of the Act requires that all persons who are eligible for appointment are given, as far as is practicable, a reasonable opportunity to apply for appointment. As a consequence, the following vacancies must be advertised in the Gazette, the press and through the CES:
section 33

all base grade vacancies; and
training office vacancies covered by a determination under section 53A of the Act, including Graduate Administrative Assistant positions.

Departments hold the responsibility for deciding to advertise above-base positions outside the APS. Departments may also advertise positions outside Australia if it is likely that there is no suitable person within Australia. The advertisement must contain information on citizenship requirements. Prior to undertaking overseas recruitment, departments must contact the local office of the Department of Immigration and Multicultural Affairs regarding the steps necessary to recruit an overseas applicant.

Vacancies open to people outside the APS (including overseas) must be advertised in the Gazette with one or two asterisks depending on the closing date. These vacancies must also be advertised concurrently in the press and notified to the CES.

Departments which advertise only in the Gazette for APS applicants and do not obtain a suitable field, may place a subsequent press advertisement/CES notice without a concurrent Gazette notice if:

the advertising is done within 4 weeks of the closing date of applications; and
previous APS applicants are reconsidered and any other APS officer can also still apply.

This provision also applies to advertising positions overseas if the applicant field within Australia is not suitable.

An advertisement can only specify mandatory qualifications if they have been prescribed by the Public Service Commissioner. Such qualification prescriptions exist for many base grade training offices and professional offices, but not the Administrative Service Officer group and are provided in section 33A notifications by the Public Service Commissioner. Gazette advertisements must contain the classification of the positions advertised and if applicable, advice that prescribed eligibility requirements apply. However, press advertisements may include a local designation provided the classification is also stated and must include a summary of any eligibility requirements
section 33A notification 31/5/94 as amended

Temporary performance

The general expectation in the APS is that the duties of a position will be undertaken by its permanent occupant. Given that there are circumstances where a substantive occupant may not be available, there is provision in the legislation for temporary performance of duties at level or at a higher level (higher duties).
section 51A regulation 116, 116A, 116B, 116C, 116D, 116E

There is a requirement, as part of the downsizing process, for departments to minimise the use of higher duties.
PSMPC Circular 1996/7

There are no advertising requirements in the legislation covering temporary performance.

Departments should also note the following legal requirements relating to temporary performance:

a Secretary may give a direction in writing to an officer to perform temporarily all or a specified part (partial performance) of the duties of a position within the department;
regulation 116A(2)
a definition of efficiency and the factors a Secretary must have regard to in selecting officers for higher duties are set out in the legislation. There is no legislative prescription of factors to consider when selecting officers for temporary performance of different duties at their substantive level;
regulation 116A(1)(6)
a Secretary cannot give an officer in another department a direction to act at level or on higher duties without the approval of the losing Secretary. This approval may be withheld under certain circumstances;
regulation 116A(7), (8)
a Secretary may revoke or partially revoke a direction at any time. There is no legislative provision for an officer to seek to have a direction revoked;
regulation 116A(9)
higher duties directions must be notified to other officers and are appellable where the direction is in relation to an office which is at a level which is appellable for promotion purposes and when the direction:
- is for longer than 6 months; or
- extends a previous continuous period or periods longer than 6 months; or
- ends when a specified event occurs.
  regulation 116B(1), (2), (3)

Details on the requirements for date of effect, notification of directions and the appeal process are included in appendices 3 and 4.

3.3 Accept applications and undertake selection

Applicants for a vacancy

Only persons who have applied for a position can be considered for appointment or promotion. Officers may also apply for transfer. An applicant is someone who has submitted an application for promotion, appointment or transfer to an advertised vacant position according to the specified requirements of the advertising department.
section 33 section 50

The question of who is an applicant is important for appeal and review purposes. An expression of interest is not an application.

If a person has accepted a voluntary retrenchment package, he or she cannot be considered as an applicant for 12 months after the redundancy from the APS.
section 33A notification of 22/5/96

Selecting applicants

The Act requires that a Secretary, in making an appointment, must select the most suitable applicant, or in the case of a promotion, the most efficient officer.

The factors to be considered in determining relative suitability or efficiency include abilities, qualifications, experience, personal qualities and potential for development. For efficiency, the factors also include the standard of work performance; and for suitability, the nature of the duties to be performed.
section 33 section 50A

Choosing the appropriate selection method

Selection methods chosen must be fair, reasonable and able to determine relative suitability or efficiency as defined in the legislation.
section 33(1),sections 50(1), 50A

The Act requires that powers under the Act must be exercised without patronage, favouritism or unjustified discrimination.
section 33(2), (3)

There are no other legislative requirements specifying the methods to be used for selecting people for positions except for certain classifications which are subject to notifications made under section 33A of the Act. These classifications are generally base grade training offices such as cadets.

One selection option provided in the legislation is the use of Joint Selection Committees (JSC). The procedures for using a JSC are outlined in appendix 5.
section 50DA section 50DB

Excess officers

The redeployment and retirement provisions require that departments consider an excess employee in isolation from and not in competition with other applicants for an advertised vacancy to which an excess officer seeks transfer. Appeal rights are discussed in appendix 4.
clause 11.5.4 GECA

Returned soldiers

There are special provisions in the legislation relating to returned soldiers.
section 47A

Other considerations relevant to selection

Qualifications

Certain positions have prescribed mandatory qualifications or conditions. Only persons satisfying these requirements are eligible for promotion, transfer or appointment to those positions.
section 33A notification of 31/5/94 as amended

Special Medical Requirements

Specific medical standards for appointment and for promotion to certain positions must be met. Separately, consideration of an officer's general fitness may arise when assessing the suitability of an officer to perform the duties of the relevant position.
Australian Government Health Service Handbook

Security Standards

Some positions are designated positions of trust or designated security assessment positions. These must be identified in the selection criteria in order to avoid problems at a later stage of the selection process.
Attorney General's Protective Security Manual

Minimum decision recording standards for staff selection

The Act does not prescribe the form of a record of decision(s) about the selection of staff. However, the record should clearly enable the delegate to demonstrate that the legal obligations in the selection of staff have been met.

As a minimum requirement the record should:

describe the advertising arrangements;
refer to and provide copies of job documentation used;
include a list of eligible applicants;
describe the process used for selection;
describe and include the evidence used by the delegate in making his/her decision e.g. work based test, application, presentation, referee comment;
demonstrate that there was no denial of natural justice;
provide some rationale for the decision e.g. comparative comments on competitive applicants, or those included in an order of merit; and
contain the delegate's signature, the date of the decision and clearly indicate the power being exercised.

3.4 Act on selection outcome

A Secretary is required to select the most efficient officer for promotion or the most suitable applicant for appointment. Officers applying for transfer can be placed on the order of merit or transferred at any stage of the process. Officers who have not applied may also be transferred at any stage. Once a decision is made there are different legislative requirements for implementing the different selection outcomes, as described below.
section 33(1)(b) section 50A(1) section 50(3)

Promotion

A promotion is the movement of an officer within the Service:
section 33AAA

to a position of higher classification; or
section 28(3)
to a position which results in an immediate increase in salary.

A promotion is made once a Secretary signs a document to promote an officer (section 50G). Once the document has been signed, the promotion needs to be formally cancelled if the Secretary decides not to proceed with the promotion. All promotions must be notified in the Gazette.
section 50(5)

Promotions come into effect according to the regulations. Usually an appellable promotion comes into effect 21 days after the Gazette notification and a non-appellable promotion 7 days after the Gazette notification.
section 50E, regulation 109

Other dates of effect and procedures for notification, renotification and cancelling promotions are outlined in appendix 3.

Appointment

If the successful applicant is to be appointed, they should be notified and pre-appointment checks undertaken. A person is not eligible for appointment unless they are a fit and proper person to be an officer of the APS.
section 34

Departments also need to determine, before or after appointment, following a medical examination, whether a person meets the health and physical fitness requirements and also whether the citizenship requirements are met.
section 47(9), section 47 (10), regulation 45

The Secretary decides whether or not the appointment is to be on probation and determines the salary payable on appointment. If the appointment is to proceed, an instrument of appointment must then be issued and the appointment notified in the Gazette.
section 47, section 92(2), clause 14 GECA

Further information on the appointment process is outlined in appendix 3 and information on the probation process is in the Probation: Principles, Guidelines and Good Practice publication, issued by the Public Service and Merit Protection Commission in 1995.

Transfer

The agreement of the Secretary of the losing department must be obtained before a transfer can be made. The officer to be transferred must be notified in writing. All transfers to advertised vacancies must be notified in the Gazette.
section 50J,50(5A) regulation 111

Transfers come into effect according to the regulations. Normally this is 7 days after written notification of the transfer is given to the officer. Other procedures relating to transfer are outlined in appendix 3.
section 50E

Release of selection documentation

Departments are responsible for developing policies on the release of documentation relating to the selection decision in accordance with the Privacy Act 1988 and other relevant legislation. The information contained in the Guidelines on the Keeping of, and Access to, Personal Records relating to selection documentation (sections 3.18 to 3.34) has been withdrawn.

Appeals and reviews

There are a number of review and appeal mechanisms open to staff in relation to recruitment and selection decisions (section 50B, regulation 116C). Promotion and temporary performance appeals are considered by Promotion Appeal Committees (PACs) which are established by the MP(AGE) Act. PACs may provide feedback to departments on their selection procedures, with the aim of diminishing the incidence of promotion appeals, but the decision of a PAC is based solely on the relative efficiency of the parties to the appeal.
section 50D

Unsuccessful applicants for non-appellable promotions (Senior Officer or equivalent) are able to request a review of the promotion decision by the MPRA(section 50DAA). The only ground for review is that it would be unreasonable for the promotion to stand because of a breach of section 33 of the Act in connection with the making of the promotion, or a serious defect in the selection process.

Appeal and review processes are outlined in appendix 4.

Section 4: Questions and Answers

In considering these answers, you need to be conscious of any commitments your department may have made in respect of agency agreements, equal employment opportunity, industrial democracy and/or occupational health and safety issues and how they link with selection processes.

1. Do I need to advertise all vacancies in the Gazette and do I have to consult with the staff organisations on whether we advertise outside the APS?

No. Vacancies may be filled by transfer, under circumstances prescribed in regulation 112 (or sections 50DA and DB equivalents) or by advancement of people holding 'training offices', without advertising in the Gazette. All other vacancies for permanent filling must be advertised in the Gazette. You can also advertise above base positions in the press if you think you will get a better field of applicants. Base grade and training office positions must be advertised in the press. There is no legal requirement for you to consult with the staff organisations about advertising but you should be aware of any local agreements that may exist within your department on this issue.

2. Can I promote someone to a job without advertising first?

Only in limited circumstances: as indicated there are specific circumstances prescribed in Public Service regulation 112 (or sections 50DA and DB equivalents). It is important to note that some of these provisions do not apply to Senior Officer or equivalent promotions. See appendix 3 for special provisions applying to section 53A offices.

3. What is a promotion?

A promotion occurs where an officer is selected on merit to fill a position with a salary either immediately higher than their previous salary or a higher maximum obtainable salary.

4. Can the current work area or department stop a transfer occurring?

For transfers within departments the relevant supervisors should negotiate arrangements. The Secretary is the ultimate authority. For a transfer to another department to be effective the losing department has to agree to the release of the officer. The Public Service Commissioner has a role where Secretaries cannot agree.

5. Am I still required to conduct a full selection process for temporary transfers (higher duties) in excess of 3 months?

No. This is up to your department which should develop its own policies, consistent with the legislation, on the filling of vacancies on a temporary transfer basis. It should be noted that there are appeal provisions for temporary transfers (higher duties) in excess of six months.

6. What form should selection documentation take?

There are no specific directions or legal requirements on the form selection documentation should take. Selection documentation should clearly detail the duties to be performed and identify the skills, experience and abilities departments are seeking in applicants for the vacancy.

7. Do job applications have to be in writing and submitted in triplicate, and does an expression of interest constitute an application?

No. Each department can specify in what form applicants may supply information. Many departments now make use of electronic facilities. An expression of interest does not constitute an application, it is only a notice of intention to lodge an application.

8. Can responsibility for recruitment and selection decisions be devolved to individual managers?

Yes. Many departments find that it is cost effective and quality selections are made when line managers hold recruitment and selection delegations and are trained in how to select staff effectively.

9. Do I have to use an assessment panel?

No. The delegate may choose to proceed without an assessment panel and make a decision from applications or other assessment material.

10. If I choose to use an assessment panel who can be on it?

There are no specific requirements relating to the composition of an assessment panel. It is good practice that any panel used to assess applicants should reflect a range of diverse opinions and experience, in order to select the best applicant for the position.

11. Can someone from outside the APS sit on an assessment panel?

Yes. This is often desirable, for example where particular skills are required.

12. Can the delegate be on an assessment panel?

Yes. Placing the delegate on the panel can save considerable time and reduce communication and reporting costs.

Some departments are adopting the practice of giving delegations for recruitment and selection to non-SES staff, and then placing a delegate on each committee to try to streamline the process. This reflects good practice in other areas of government activity where the person with decision making authority deals first hand with information and clients.

13. Do I need to interview applicants in a selection process?

There is no specific requirement to conduct interviews. Some alternative selection techniques include written applications only; occupational tests; skill or technical tests; assessment centres; psychological testing; biodata questionnaires; work performance; peer assessment and referee reports. Departments may choose to use more than one technique. Information on the process to be used should be freely available, prior to the selection being undertaken.

14. Can I interview some competitive applicants but not all?

You should be 'up front' about the selection method you are going to use and consistent in the application of the processes. This may mean that you do not necessarily have to follow the same steps in the process for all applicants. An example may be where you have three vacancies, with evidence identifying two clearly outstanding applicants and several other competitive applicants. You may then choose not to interview the two outstanding applicants but go to interview to fill the remaining vacancy.

15. Do I need to document reasons, against the selection criteria, for not interviewing an applicant?

No. However, the delegate should be able to provide reasons, if required.

16. Do I need to give feedback to applicants?

Departments are encouraged to set in place appropriate feedback mechanisms so that applicants are adequately informed on their performance and the reasons for the selection decisions. This has obvious benefits in terms of the individual's own development. It also provides accountability in the selection process and is consistent with procedural fairness principles. This practice should go some way towards reducing appeals against selection decisions. Feedback can be oral.

17. Are referee comments required to be provided in writing?

No. If verbal comments are sought, it is usual that notes are taken of the discussion and the points are read back to the referee for confirmation. Procedural fairness should apply in respect of this information, i.e. applicants should be made aware of comments provided by their referees and given the opportunity to comment.

18. How much information do I need to include in a selection report/record of decision e.g. do I need individual assessments for all applicants interviewed/considered?

Section 3 of this publication provides details on the minimum reporting standards for staff selection. The general principle is that the report should clearly enable the delegate to demonstrate that the legal obligations in the selection have been met. There is no specific requirement to have separate written individual assessments for all applicants considered or interviewed.

Some departments which have refined their practices have reports of around two pages, which document the relative merits of the top rating applicants. Diary notes are kept on other applicants and oral feedback is offered to applicants.

19. When should the delegate sign or endorse the promotion report?

Delegates should sign the report making the promotion when they are convinced that they are selecting the most efficient officer and that they are in a position to proceed with the promotion.

Once delegates sign, promotions are made and if circumstances change, the promotions must be formally cancelled.

20. Who is responsible for ensuring that the recruitment process and outcomes comply with the principles of merit, equity and is a lawful exercise of power?

The delegate is accountable.

21. Is merit selection still included as a feature of recruitment in the APS and if so what does it mean?

All appointment and promotion decisions must be in accordance with the merit principle. Application of the merit principle entails adequate publicity; assessment against relevant information; absence of unjustified discrimination, patronage and favouritism; and ranking on the basis of an assessment of suitability or relative efficiency i.e. an assessment of abilities, qualifications, experience, standard of work performance, personal qualities and potential for development (if relevant).

22. Is EEO still relevant to the recruitment process?

Yes. You should endeavour to ensure that the same procedures are used for each applicant and each applicant is provided with the same information. However, to ensure that discrimination does not occur, sometimes it is appropriate to make special arrangements for some applicants - different treatment can provide equal opportunity. You may need to accommodate the diverse backgrounds and experiences of applicants by ensuring that any assessment process is sensitive to cultural issues and the principles of 'reasonable adjustment'.

23. If a selection exercise takes more than 6 months can the delegate still make a decision?

Yes. It is up to the delegate to decide whether or not to continue the selection exercise.

24. How long should a selection exercise take?

There are no specific timeframes specified in the legislation. It is in the interests of the organisation to complete selections in as short a timeframe as possible, e.g. some departments are taking around a month from advertising to Gazettal.

25. Should excess officers applying for transfer be considered separately in a selection exercise?

Yes. The Redeployment and Retirement provisions in GECA provide that when an excess officer seeks transfer to an advertised vacancy, the advertising department must consider the excess officer in isolation from and not in competition with other applicants. If the excess officer is capable of performing the duties of the position immediately or within a reasonable period, the excess officer should be transferred into the vacancy.

26. Is a full selection exercise necessary when considering an excess officer who has applied for transfer to a vacancy.

No. Excess officers seeking transfer to an advertised vacancy only need to be suitable for the duties, and this can usually be assessed after consideration of the excess officer's CV and an informal meeting with the applicant. Excess officers are normally able to be released from their current agency quickly and therefore are particularly valuable to agencies seeking to fill vacancies quickly. In some cases, a trial placement is a viable option for confirming suitability. However, in cases where an excess officer is assessed as being unsuitable for transfer, clear reasons for the assessment should be provided to the officer.

Other questions and answers on selection and other issues are included in the Public Service and Merit Protection Commission publication Responses to Frequently Asked Questions in Key Areas of People Management.

Appendix 1: Advice revoked by this publication

The following advice issued by the Commission as Guidelines, sections in the Personnel Management Manual or circulars have been replaced by this publication:

Guidelines

Streamlining Book 1 Recruitment, Appointment, Probation
Streamlining Book 3 Promotion, Transfer
Streamlining Book 4 Temporary Performance Section only
Streamlining Book 5 Staff Selection
Sections 3.18-3.34 in the Guidelines on the Keeping of, and Access to Personal Records 1985.

Personnel Management Manuals

Volume 3

Sections 3.18-3.34 in Personnel Practices: the Guidelines on the Keeping of, and Access to Personal Records 1985.

Volume 7

Guidelines on Transfer and Promotion June 1987
Recruitment, Appointment and Employment Manual
Staff Selection Guidelines June 1987
Temporary Performance Guidelines June 1987

Circulars

Circular 30/12/87 Citizenship Requirements for Appointment to the APS
Circular 1989/2 of 29/6/89 Amendment to PS Regulation 112
Circular 21/4/89 Guidelines on Regulation 117 also PMM Volume 7 Guidelines.
Circular 1990/8 of 1/5/90 Incidence of Long Term Higher Duties
Circular 1990/25 of 19/12/1990 Revised Notification Arrangements for Gazettal of Appointments
Circular 1991/1 of 10/1/1991 Appointment to the APS and Appointment on Probation Brochures
Circular 1991/13 of 27/9/91 Joint Selection Committees
Circular 1994/33 of 14/11/1994 Probation Arrangements
Circular 1994/35 of 29/11/1994 Lapsing of an Appointment under section 42 of the Act
Circular 1995/27 of 30/11/96 Amendments to PS Regs 116B and D

Appendix 2: Other sources of legal obligations

In addition to the Public Service Act 1922, the Public Service Regulations, section 82D determinations, section 33A notifications, the Merit Protection (Australian Government Employees) Act 1984 and associated Regulations, there are a number of other sources of legal obligations which influence the recruitment and selection exercise and will influence the development of departmental policy in this area.

Administrative Law Framework

This includes:

Administrative Decisions (Judicial Review) Act 1977
Freedom of Information Act 1982
Privacy Act 1988

Discrimination Legislation

Racial Discrimination Act 1975
Sex Discrimination Act 1984
Human Rights and Equal Opportunity Commission Act 1986
Disability Discrimination Act 1992

Industrial Relations Framework