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Last updated: 25 February 1998

Advice to Agencies: APS employment reform - setting the framework (Circular No. 1998/2)

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

Attachments

A: APS values

The APS values are as follows:

the APS is apolitical, performing its functions in an impartial and professional manner;
the APS is a public service in which employment decisions are based on merit;
the APS provides a workplace that is free from discrimination and recognises the diverse backgrounds of APS employees;
the APS has the highest ethical standards;
the APS is accountable for its actions, within the framework of Ministerial responsibility, to the Government, the Parliament and the Australian public;
the APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and implementing the Government's policies and programs;
the APS delivers services fairly, effectively, impartially and courteously to the Australian public;
the APS has leadership of the highest quality; the APS establishes cooperative workplace relations based on consultation and communication;
the APS provides a fair, flexible, safe and rewarding workplace; and
the APS focuses on achieving results and managing performance.

B: APS Code of Conduct

An APS employee must behave honestly and with integrity in the course of APS employment.
An APS employee must act with care and diligence in the course of APS employment.
.An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.
.An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws.
An APS employee must comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction.
An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff.
An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
An APS employee must use Commonwealth resources in a proper manner.
An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.
An APS employee must not make improper use of:
1. inside information; or
2. the employee's duties, status, power or authority; in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.
An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.
An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.
An APS employee must not, except in the course of his or her duties as an APS employee or with the Agency Head's express authority, give or disclose, directly or indirectly, any information about public business or anything of which the employee has official knowledge.

C: Public Interest Whistleblowing

The Public Service Regulations (Amendment Interim Reforms) introduced provisions relating to Public Interest Whistleblowing.

This advice provides details of relevant provisions of the Public Service Regulations relating to whistleblowing disclosures and contains background information to assist Agency Heads in establishing related procedures within their organisation.

This advice supersedes the booklet Provisional Advice to Agencies No 1: Public Interest Whistleblowing issued by the PSMPC in November 1997.

What is Whistleblowing?

The APS Code of Conduct establishes the standards of behaviour which are expected of all APS employees. The Code is set out in Public Service Regulation 7 and applies also to Agency Heads.

Whistleblowing refers to the reporting, in the public interest, of information which is alleged to be a breach of the Code by an employee or employees within an agency. Public Service Regulation 10 requires Agency Heads to establish procedures for dealing with whistleblowing reports. These procedures must have due regard to procedural fairness and the requirements of the Privacy Act 1988.

The type of matters that would normally be covered by procedures established by agencies to deal with whistleblowing disclosures include:

fraud or other criminal behaviour,
waste, misuse or mismanagement of the agency's resources, or
practices resulting in danger to public health or safety.

These are examples, and not intended to be prescriptive or all-inclusive.

Generally, disclosures which amount to complaints against government policy, or complaints or grievances seeking review of an administrative decision, would not be dealt with under the procedures.

What is the relevant legislation?

The Public Service Regulations provide a legislative basis for APS employees to raise allegations that the Code of Conduct has been breached. The Regulations set out the roles and responsibilities of Agency Heads and the Public Service Commissioner where employees raise such allegations.

Protections

Public Service Regulation 9 provides that:

A person performing functions in or for an Agency must not victimise, or discriminate against, an APS employee because the APS employee has reported breaches (or alleged breaches) of the Code of Conduct to:
- the Agency Head or a person authorised by the Agency Head; or
- the Commissioner or a person authorised by the Commissioner.

Investigation

Public Service Regulation 10 provides that:

An Agency Head must establish procedures for dealing with reports referred to in regulation 9.

Paragraph 170CK (2)(e) of the Workplace Relations Act 1996 provides that an employee's employment must not be terminated for:

the filing of a complaint, or the participation in proceedings, against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities.

There is a similar protection contained in the Occupational Health and Safety (Commonwealth Employment) Act 1991, in respect of employees who complain about a matter concerning the health, safety or welfare of employees at work (s.76).

Defamation

The Regulations provide no specific protection relating to liability for defamation in respect of disclosures made under whistleblowing provisions. Common law protection applies, as modified by State or Territory legislation where applicable. At common law, the defence of qualified privilege would be available to a whistleblower who was sued for defamation by a person to whom a disclosure alleging misconduct relates, provided that the statements alleged to be defamatory were made in good faith and to a person authorised to receive those statements.

Unauthorised Disclosure of Information

Section 70 of the Crimes Act 1914 makes it an offence for a Commonwealth officer to publish or communicate any fact or document, which it is his or her duty not to disclose, except if the person is authorised to disclose the information.

Public Service Regulation 7(13) sets out the duty not to disclose official information without authorityconsistent with the prohibition in s.70.

A public interest whistleblowing disclosure, made to a person who is authorised to receive it under procedures established by an Agency Head will not, of itself, be in breach of the regulation or an offence under s.70 of the Crimes Act.

Unauthorised disclosures of information may be in breach of the regulation, and thus in breach of the Code of Conduct.

What is the Role of Agency Heads?

Minimum Requirements for Procedures

Public Service Regulation 11 sets out the minimum requirements for the procedures:

The procedures must:

have due regard to procedural fairness and comply with the Privacy Act 1988; and
provide that Agency employees may report breaches (or alleged breaches) of the Code of Conduct to the Agency Head, or a person authorised by the Agency Head; and
provide that if the Commissioner agrees that a report relates to an issue that would be inappropriate to report to the Agency Head, the employee may make the report to the Commissioner, or a person authorised by the Commissioner; and
ensure that all reports made by Agency employees of breaches (or alleged breaches) of the Code of Conduct are investigated, unless the Agency Head or Commissioner considers that a particular report is frivolous or vexatious; and
provide information about the protection available under regulation 9 to persons making reports; and
enable Agency employees who are not satisfied with the outcome of an investigation by the Agency to refer the issue to the Commissioner, or a person authorised by the Commissioner; and
ensure that the findings of an investigation are dealt with as soon as practicable.

Agency Heads may wish to consider nominating a person who is an Authorised Officer for the purposes of the disciplinary provisions of the Public Service Act 1922 to investigate a whistleblowing allegation, if it appeared there may have been a breach of the Code, thereby avoiding the need to refer the matter on to another person to decide whether or not to lay charges. Care should be taken to ensure that any such approach would not lead to an apprehension of bias.

There would still need to be a separate investigation of the disciplinary charge by a person who had not been involved in investigating the whistleblowing allegation or the decision to lay charges.

Whistleblowing allegations should be treated as serious attempts to bring to light fraud or wrongdoing in an agency. Information obtained in this way can play an important part in maintaining the integrity of an agency's financial and human resource management systems.

Some agencies, for example, the Department of Defence, already have procedures in place to investigate whistleblowing allegations, which may provide models for other agencies.

How should Agency Heads treat anonymous disclosures?

An anonymous disclosure, supported by sufficient evidence to justify an investigation proceeding, should be dealt with in accordance with the whistleblowing procedures.

What should Agency Heads do to protect whistleblowers from reprisals?

Public Service Regulation 9 prohibits any form of victimisation or discrimination against an employee who has made a whistleblowing disclosure to an Agency Head or the Public Service Commissioner (or anyone authorised by them to receive the disclosure).

Discrimination, in this context, would cover a situation where a person who has made a whistleblowing disclosure is subject to unfair treatment, harassment or retaliatory action as a result of having made that disclosure.

This means that mechanisms must be in place to investigate any allegations of victimisation or discrimination on these grounds. Such allegations should be handled in accordance with the discipline procedures.

As the Regulations prohibit victimisation and discrimination against persons performing functions 'in or for an Agency', contractors, as well as employees, are prohibited from taking retaliatory action against whistleblowers. Agency Heads will need to advise potential contractors of this obligation and should include appropriate clauses in the contract, relating to the expected standard of conduct and the consequences of not meeting those standards.

What is the role of the Public Service Commissioner?

In most cases disclosures should be made and investigated within the agency concerned. Where the whistleblower is not satisfied with the findings of an agency-based investigation, he or she has the option of taking the matter to the Public Service Commissioner, or a person authorised by the Commissioner.

An employee may make a disclosure direct to the Public Service Commissioner, or a person authorised by the Commissioner, where the Commissioner agrees that the matter is of such sensitivity that it would be inappropriate to report it within the agency.

The Commissioner may reject the matter as being vexatious or frivolous, in which case she or he will advise the whistleblower accordingly. In other cases, after consultation with the whistleblower, the Commissioner may decide to refer the matter to the agency. Otherwise, she or he will investigate the matter by whatever process is appropriate for that case.

State of the Service Report

Public Service Regulation 12 provides that after the end of each financial year, the Commissioner must give a report to the Minister Assisting the Prime Minister for the Public Service for presentation to the Parliament on the state of the APS during the year. This report must include an evaluation of the adequacy of systems and procedures in agencies for ensuring compliance with the Code of Conduct.

What is the Role of the Inspector-General of Intelligence and Security?

The Inspector-General of Intelligence and Security oversees activities of the Australian Security Intelligence Organisation (ASIO), Australian Secret Intelligence Service (ASIS), Defence Signals Directorate (DSD), Defence Intelligence Organisation (DIO) and the Office of National Assessments (ONA).

Any complaints of breaches (or alleged breaches) of the Code of Conduct relating to illegality or impropriety by staff in these agencies should be referred to the Office of the Inspector-General. Matters relating to APS staff or employment within those organisations should be dealt with along the lines described for the rest of the APS.

Enquiries should be directed to the Office of the Inspector-General of Intelligence and Security on (02)6271 5692.

Can APS Employees still make complaints to the Ombudsman?

The new provisions relating to APS whistleblowing do not affect the existing right of APS employees to make a complaint to the Commonwealth Ombudsman about the actions and decisions of Commonwealth bodies. However, the Ombudsman is unable to investigate complaints about politics, private individuals or companies, decisions of courts or tribunals, employment related matters (except in certain cases in the Australian Defence Force), actions of State or local governments, actions of government ministers, and actions of some government business enterprises. These exclusions remain unchanged.

For further information about developing procedures relating to Public Interest Whistleblowing contact the PSMPC Helpline on (02) 6202 3859.

G1: Notification and determination under section 33A

This is the substance of the determination.

Notification of Vacancies, Restrictions on Applying for Appointment and Eligibility to Apply for Vacancies Advertised in the Gazette.

All vacancies to be filled by appointment or promotion must be notified in the Commonwealth of Australia Public Service Gazette (the Gazette) except where:

a vacancy is in a category prescribed by Public Service Regulation 112 (or the equivalent provisions under section 50DA or section 50DB of the Public Service Act 1922 (the Act));
it is intended to fill the vacancy by advancement under the provisions of section 53A of the Act.

Each agency is responsible for gazettal and deciding whether to advertise its own vacancies more broadly.

Vacancies to be open to all Australians

Agency Heads must put in place measures to ensure that, subject to considerations of cost and operational efficiency, vacancies to be filled by appointment or promotion are open to all Australians, subject to normal eligibility requirements. All vacancies for base grade and training offices must be described in all notifications and any advertisements as open to all Australians.

If it has been decided that, because of considerations of cost or operational efficiency, a vacancy will not be advertised as open to all Australians (i.e. only available for officers and other groups with eligibility rights, as outlined below, to apply), the vacancy must be notified in the Gazette without asterisks.

Vacancies open to applications from both officers and persons outside the APS (including those overseas) and all base grade positions must have their Gazette notice indicated by:

one asterisk: where applications close on the twenty-first day after the notification of the vacancy,
two asterisks: where applications close on the fourteenth day after the notification of the vacancy.

If agencies choose to vary these closing dates this must be done through a note in the body of the notification. In setting other than the standard closing dates signified by one or two asterisks, agencies should ensure that they comply with provisions of subsection 33(1) of the Act concerning reasonable opportunity to apply.

All additional advertising (e.g. in the press), must, as far as possible, be concurrent with the Gazette notice.

Agencies which have notified vacancies only in the Gazette and have not obtained a suitable field may place advertisements in the press or elsewhere without a concurrent Gazette notice if the following conditions are met:

the advertisement(s) is placed within four weeks of the date of the close of applications for the original Gazette notice;
previous applicants are reconsidered with additional applicants;
the advertisement must indicate when the vacancy was advertised in the Gazette.

The above provision also applies to advertising vacancies overseas if the applicant field within Australia is not suitable.

Before advertising overseas, agencies must consult with the Department of Immigration and Multicultural Affairs about likelihood of entry into Australia. Overseas advertisements must include information about citizenship requirements.

Qualifications

When notifying or advertising vacancies, agencies cannot describe specific qualifications as mandatory other than any minimum qualifications prescribed by the Commissioner under section 33A, unless the agency notifies its individual arrangements using powers under paragraph 33A(1)(d) delegated to Agency Heads from 15 March 1998.

With the exception of Technical Officer Grade 1, minimum mandatory qualifications are prescribed for the Technical and Professional Officer structures. There are no mandatory qualifications for the Administrative Service Officer structure. Although mandatory qualifications do not apply to the General Service Officer structure, State licensing requirements (such as for Electrician, Plumber) apply. The Commissioner is not currently applying any qualifications to classifications in the new APS classification structure.

While advertisements may display a local title or occupation, all advertisements must include the appropriate formal classification level of the vacancy advertised, e.g. Customer Service Manager (APS6). Agencies may only specify mandatory qualifications or other conditions if they have been prescribed by the Public Service Commissioner or notified in the Gazette by the employing agency.

Restrictions on applying for Appointment

A person who:

has been retired from the Australian Public Service (APS) under section 76W of the Act and who has received a retrenchment severance benefit calculated under clause 11.4 of the APS General Employment Conditions Award 1995 or a similar payment under a Certified Agreement or Australian Workplace Agreement applicable to the APS officer or employee; or
has retired from the APS following the giving of a notice under section 76R of the Act and the receipt of a specified benefit in accordance with a determination under section 82D of the Act;

is ineligible to apply for appointment to the APS within twelve months from the date of retirement of the person from the APS.

Eligibility to apply for Vacancies notified in the Gazette

A number of groups of people are eligible to apply for vacancies advertised as open only to officers of the APSsee list at Attachment G2.

A complete list of categories of people eligible to apply is also included in the Gazette, which is published weekly.

G2: Eligibility to apply for vacancies notified for officers only in the Gazette

All vacancies advertised in the Gazette are open to officers of the Australian Public Service (APS), and to APS officers who are covered by Division 2 of Part IV of the Public Service Act 1922 (1st Tier officers' mobility provisions).

A number of other groups of people are also eligible to apply for vacancies advertised as open only to officers of the APS, provided that the vacancy is not to be staffed on a temporary basis under Regulation 116A.

The other people who are eligible are:

former officers of the APS who are covered by Division 3 of Part IV of the Public Service Act 1922 (2nd Tier officers' mobility provisions);
staff members of the Australian Trade Commission;
staff members of the Albury Wodonga Development Corporation;
officers of the ACT Government Service;
officers of the Australian Security Intelligence Organisation;
current employees of the Australian Capital Territory Electricity and Water Corporation (ACTEW) who, at the time of corporatisation of the function, were officers of the ACT Government Service and who transferred to ACTEW Corporation as part of the corporatisation exercise (people in this category are entitled to apply for permanent vacancies advertised in the Gazette for the period 1 July 1995 to 30 June 1998);
current employees of the Australian Capital Territory Totalisator Agency Board (ACTTAB) Limited who, at the time of corporatisation of the function, were officers of the ACT Government Service and who transferred to ACTTAB Limited as part of the corporatisation exercise (people in this category are entitled to apply for permanent vacancies advertised in the Gazette until 30 June 1998);
former officers of the APS who, on 1 April 1987, were on leave without pay to work in the Northern Territory Public Service, and who resigned prior to 1 April 1988 to continue employment in that Service, and have continued to be employed by that Service;
former officers of the APS who resigned on or after 2 August 1990, who satisfy the following conditions:
- the resignation was for child rearing purposes and the person resigned after taking at least twelve weeks' maternity or parental leave; and
- the resignation took place within two years of the date of birth of the child for which the period of maternity or parental leave was granted; and
- the position for which the former officer is applying is advertised in the Gazette within six years from the date of birth of the child for which the maternity or parental leave was granted;
former officers of the APS who accepted an offer of employment by a State Government or the Northern Territory Government and resigned from the APS in accordance with the agreement between the Commonwealth and the Public Sector Union on staffing issues arising from the Commonwealth-State Disability Agreement;
former officers of the APS who accepted an offer of employment with the respective State government following the transfer of RGHs Hobart (Tasmania), Concord (New South Wales), Heidelberg (Victoria) and Daw Park (South Australia) and resigned from the APS in accordance with the provisions of sections 15 (2) and 17 of the Repatriation Institutions (Transfer) Act 1992; and
all staff employed under sections 82AC, 82AD, 82AE and 82AG of the Public Service Act 1922. Staff employed in these categories are eligible to apply for vacancies in the Gazette if, at the time of that Gazette, they were employed under one of the specified sections of the Act.

J1: Advancement provisions for new APS classification structure training offices

The Public Service Commissioner, acting under section 53A of the Public Service Act 1922, has determined that:

for paragraph 53A(1)(a) of the Act, an office mentioned in column 1 of the Schedule (a training office) is an office the occupant of which is required to undergo a relevant course of training, approved by the Head of the employing agency, to enable the occupant to perform duties that require professional, technical or other knowledge; and
for paragraph 53A(1)(b) of the Act, the relevant higher office for a training office has the classification mentioned in column 2 of the Schedule opposite that training office.

Schedule

Column 1 Training office	Column 2 Relevant higher office
Graduate APS	APS Level 3
Cadet APS	APS Level 3
Trainee APS (Technical)	APS Level 3
Trainee APS (Administrative)	APS Level 1
Cadet APS (Research Scientist)	APS Level 6

J2: Training classifications where centralised recruitment arrangements apply

Administrative Service Officer Class 1,
Trainee Administrative Service Officer

Selection arrangements and eligibility requirements

General

Recruitment to the base of the Administrative Service Officer structure may be made to a position having the classification of Administrative Service Officer Class 1, or to the position of Trainee Administrative Service Officer.

Agencies may put in place arrangements for the recruitment of Administrative Service Officers Class 1 or Trainee Administrative Service Officers, or may choose to use centralised recruitment arrangements provided by Recruitment Services Australia. Arrangements put in place by agencies must be determined and notified by the agency in the Commonwealth of Australia Gazette, under section 33A of the Public Service Act 1922.

If agencies choose to use centralised arrangements the following applies.

Recruitment Services Australia-Base Grade Recruitment

The centralised recruitment arrangements for the APS are managed by Recruitment Services Australia (RSA), a specialist unit of the Department of Employment, Education, Training and Youth Affairs (DEETYA).

The relative suitability of applicants for appointment and the relative suitability of applicants for promotion or transfer as Administrative Service Officer Class 1 (ASO1) or Trainee Administrative Service Officer (Trainee ASO) will be determined as set out below.

Except for applicants with an intellectual disability who are recruited through the Intellectual Disability Access Program, applicants for appointment or promotion to ASO1 or Trainee ASO will be required to sit the Public Sector Recruitment Test (PSRT), answer the Public Sector Recruitment Questionnaire (PSRQ), provide information about certain skills deemed important by recruiting agencies and provide details of their work related preferences.

Officers of the Australian Public Service (APS) who are substantive ASO Class 1-6, ASO (Aboriginal Services) Class 1 or Senior Officers Grade C, B or A are entitled to apply by direct transfer only to ASO1 or Trainee ASO positions under the provisions of section 50 of the Public Service Act 1922. These officers are ineligible to sit the PSRT or answer the PSRQ for the purpose of transfer as an ASO1 or Trainee ASO.

Officers who are not in the Administrative Service Officer stream who have a substantive classification equal to or higher than ASO 1 may apply by direct transfer and may also sit the PSRT and answer the PSRQ in order to be transferred as ASO1 or Trainee ASO.

Information provided by applicants in support of their applications, before and while sitting the PSRT, may be forwarded to the Public Service and Merit Protection Commission for monitoring and evaluation purposes. Other details about the privacy of the information given as part of an application for a position are contained in the publication 'Australian Public Sector Recruitment Applicant Handbook'.

Trainee Administrative Service Officers-training office

Officers selected for a Trainee ASO office are promoted or transferred to a training office under section 50 of the Public Service Act 1922. Section 53A of the Act provides that both promotions and transfers to training offices are appellable. Promotions and transfers to the training office must be notified in the Gazette in the 'Promotions' section, with an accompanying footnote:

'Unsuccessful officer applicants who satisfy the conditions of subsection 53A(2) of the Public Service Act 1922 may appeal against promotions of any of the officers listed above. Guidance on lodging appeals is in the preamble to the Promotions section of this Gazette.'

Public Sector Recruitment Test (PSRT)

The PSRT consists of four tests, each assessing an attribute important in public sector clerical/administrative work. No special study is required for the PSRT.

The PSRT will be conducted periodically by RSA offices. The dates and arrangements for tests will be advertised in the Gazette and the press, and applicants will be invited to apply directly to RSA or through Centrelink offices in the relevant State or Territory to sit the test.

Public Sector Recruitment Questionnaire (PSRQ)

The PSRQ assesses six attributes important in public sector clerical/administrative work which are not assessed by selection tests. No special study is required for the PSRQ.

Attribute ratings and total standardised score

On the basis of their performance on the PSRT and their answers to the PSRQ, applicants receive ratings on a scale of 1-10 for each of the ten attributes. Applicants also receive an overall Total Standardised Score based on their PSRT and PSRQ results.

Currency of PSRT and PSRQ results

PSRT and PSRQ results remain valid for two years from the date of the PSRT. Applicants are eligible for consideration for referral at any time within that two year period. Applicants who do not accept appointment when selected may re-apply for consideration during the currency of their PSRT and PSRQ results and they will be considered on the basis of their position on the order of referral at the time of re-application.

Applicants will be permitted to sit the PSRT at intervals of not less than two years, with the exception of people with a disability who will be permitted to re-sit the PSRT at intervals of not less than twelve months.

All applicants will be permitted to answer the PSRQ at intervals of not less than twelve months.

The most recent PSRT and PSRQ results will be taken into account in the selection process.

Eligibility for referral

Persons sitting the PSRT and answering the PSRQ for appointment, promotion or transfer as a Trainee ASO or ASO1 must either:

attain a rating of at least 5 on each of the ten attributes assessed by the PSRT and the PSRQ; or
attain a Total Standardised Score (TSS), calculated on the basis of their performance on all ten attributes, greater than or equal to 540

to be eligible for further consideration.

The referral process and the order of referral

RSA will place details of applicants' PSRT/PSRQ ratings, other skills and work preferences on a data base for later matching against agency vacancy requirements.

Referral to participating agencies will then be made from those best matching the recruiting agency's position profile. Applicants for Trainee ASO and ASO1 vacancies will be referred from the same order of referral, so agencies will need to specify to RSA whether they are seeking to fill an ASO1 position or Trainee ASO position. A position profile may vary from position to position and will require applicants to have attained a particular level of performance against each of the ten attributes; to possess certain skills; and to have certain work related preferences.

If the matching process between the position profile and the applicants on the order of referral identifies more than the required number for interview, then the applicant(s) with the highest TSS will be referred.

Recruiting agencies can then assess applicants against additional selection criteria. Details about the additional selection criteria are provided in the section 'Vacancies requiring additional skills' below. Exceptions to the application of additional selection criteria may occur where an applicant has a disability, in which case the referral arrangements outlined in the section 'People with a disability' of this entry may apply.

RSA will administer the ASO1/Trainee ASO order of referral and allocate applicants to departments that have entered into centralised arrangements. Recruitment demands for either vacancy must be placed by agencies with RSA and filled by applicants referred by RSA from the order of referral.

Where the regular program of selection tests does not provide enough suitable applicants to meet an agency's needs at a particular time or in a particular region, it may be possible to make arrangements with RSA to conduct supplementary tests.

Vacancies requiring additional skills

Where an agency requires additional skills to meet their particular operational requirements, other selection criteria relevant to the requirements of the job may be assessed by that agency through appropriate additional selection procedures.

Where additional selection criteria have been applied, the order of referral for appointment or promotion will be determined initially by the PSRT and PSRQ results, the possession of certain skills deemed important by the recruiting agency and applicant work related preferences and then by an assessment against the additional selection criteria done by the recruiting agency.

The names of applicants who are found to be unsuitable against additional selection criteria for three different referrals will be removed from the data base. They will have to wait two years from when they last sat the PSRT before they can sit the PSRT or 12 months since they last answered the questionnaire to answer the PSRQ and be considered again. (Exceptions apply to people with a disability being considered under the Selective Placement provisionssee the section entitled 'People with a disability' below).

Fit and proper person requirement

An ASO1 or Trainee ASO applicant who is not accepted by an agency on fit and proper person grounds will be removed from consideration for appointment. Applicants may re-sit the test when eligible, (i.e. at intervals of not less than two years between test sittings, or 12 months for people with a disability) or answer the questionnaire (after 12 months since they last completed the questionnaire) and their eligibility for appointment will be reassessed at that time.

People with a disability

Except for applicants with an intellectual disability who are recruited through the Intellectual Disability Access Program, people with a disability must meet the same selection standards as other applicants. However, special testing arrangements may be appropriate for applicants whose disability would affect their performance at a standard test session.

The Selective Placement Officer in the RSA office in each State or Territory will arrange the appropriate method of testing for applicants with a disability, and their scores will be incorporated into the database.

As far as possible, applicants will be referred to departments against ordinary recruitment demands for ASO1s or Trainee ASOs through matching vacancy and applicant profiles. However, a more intensive and selective approach to placement will often be required to allow the matching of applicants to vacancies appropriate to their particular abilities.

If an agency believes that placement of an applicant referred by the Selective Placement Officer is not feasible even after reasonable adjustment, the agency should provide RSA with a written report.

Because of the special nature of the selective matching process, applicants with a disability will not be removed from the order of referral if they are rated unsuitable for three different referrals but will remain eligible for further referrals to potentially suitable vacancies for the period their test score remains valid (maximum two years).

Administrative Service Officer Class 1-(Aboriginal Services)
Trainee Administrative Service Officer (Aboriginal Services)

Eligibility requirements

The person is an Aboriginal or Torres Strait Islander.

Selection Arrangements

Agencies may put in place arrangements for the recruitment of Administrative Service Officers Class 1 (Aboriginal Services) or Trainee Administrative Service Officers (Aboriginal Services), or may choose to use centralised recruitment arrangements provided by RSA. Arrangements put in place by agencies must be determined and notified by the agency in the Commonwealth of Australia Gazette, under section 33A of the Public Service Act 1922.

If agencies choose to use centralised arrangements the following applies.

Recruitment Services Australia - Recruitment of Administrative Service Officer Class 1 (Aboriginal Services) and Trainee Administrative Service Officer (Aboriginal Services)

The relative suitability of applicants for appointment and the relative suitability of applicants for promotion or transfer as Administrative Service Officer Class 1 (ASO1) (Aboriginal Services) or Trainee Administrative Service Officer (Trainee ASO) (Aboriginal Services) will be determined as set out below.

Except for applicants with an intellectual disability who are recruited through the Intellectual Disability Access Program, applicants for appointment or promotion to ASO1 (Aboriginal Services) or Trainee ASO (Aboriginal Services) will be required to sit the Aboriginal Recruitment Test (ART).

Officers of the Australian Public Service (APS) who are substantive ASO Class 1-6, ASO Class 1 (Aboriginal Services) or Senior Officers Grade C, B or A are entitled to apply by direct transfer only to ASO1 (Aboriginal Services) or Trainee ASO (Aboriginal Services) positions under the provisions of section 50 of the Public Service Act 1922. These officers are ineligible to sit the ART for the purpose of transfer as an ASO1 (Aboriginal Services) or Trainee ASO (Aboriginal Services).

Officers who are not in the Administrative Service Officer stream who have a substantive classification equal to or higher than ASO 1 may apply by direct transfer and may also sit the ART in order to be transferred as ASO1 (Aboriginal Services) or Trainee ASO (Aboriginal Services).

Trainee Administrative Service Officers - training office

Officers selected for a Trainee ASO (Aboriginal Services) office are promoted or transferred to a training office under section 50 of the Public Service Act 1922. Section 53A of the Act provides that both promotions and transfers to training offices are appellable. Promotions and transfers to the training office must be notified in the Gazette in the 'Promotions' section, with an accompanying footnote:

'Unsuccessful officer applicants who satisfy the conditions of subsection 53A(2) of the Public Service Act 1922 may appeal against promotions of any of the officers listed above. Guidance on lodging appeals is in the preamble to the Promotions section of this Gazette.'

Selection test

The ART is a combination of tests measuring general clerical aptitude. No special study is required for the test.

The ART will be conducted periodically by RSA offices. The dates and arrangements for tests will be notified in the Gazette and the press, and applicants will be invited to apply directly to RSA or through Centrelink offices in the relevant State or Territory to sit the test.

ART results remain valid for two years from the date of the test. Applicants are eligible for consideration for referral at any time within that two year period. However, applicants who have not been appointed, promoted or transferred within twelve months of sitting the ART are required to notify the RSA of their continued interest in appointment, promotion or transfer. The relative suitability of those re-applying will be assessed in competition with other applicants on the order of referral.

Applicants will be permitted to resit the ART at intervals of not less than twelve months. The most recent ART score will be taken into account in the selection process.

Persons contesting the ART for appointment, promotion or transfer as Trainee ASO (Aboriginal Services) and ASO1 (Aboriginal Services) must pass the test to be eligible for further consideration. Applicants will be placed on a preliminary order of referral on the basis of their test performance. Selection then will be made from among eligible applicants, either based on performance in the test or, in the case of vacancies where approved additional selection criteria are applied, in order of referral determined initially by test score and then by assessment against the additional selection criteria. Details on the additional selection criteria are in the section 'Vacancies requiring additional skills' provided below. Exceptions to the application of additional selection criteria may occur where an applicant has a disability, in which case the referral arrangements outlined in the section 'People with a disability' of this entry may apply. Departments may choose to apply criterion 6 of the additional selection criteria, which states 'interest in, motivation and ability to undertake further on or off-the-job training and skills acquisition' as this is particularly relevant in the assessment of Trainee ASO (Aboriginal Services) applicants. (Refer to the section 'Vacancies requiring additional skills' of this entry).

The RSA will require applicants to establish that they are Aboriginal or of Torres Strait Islander descent, by providing a referee's report. The referee's report should be provided by a recognised Aboriginal or Torres Strait Islander elder or leader of an Aboriginal or Torres Strait Islander organisation, either in the applicant's local community, or if the person has relocated recently, from an Aboriginal or Torres Strait Islander representative in the person's previous home community. If an Aboriginal or Torres Strait Islander referee is not available, the report could be given by another suitable person, as determined by RSA, who has known the applicant for at least one year and can verify the applicant is Aboriginal or of Torres Strait Islander descent. RSA may contact the referee for further confirmation of the applicant's descent.

RSAs will administer the ART order of referral and allocate applicants to departments. Recruitment demands for Trainee ASO (Aboriginal Services) and ASO1 (Aboriginal Services) vacancies must be placed by agencies with the RSA and vacancies filled by applicants referred by RSA from the ART order of referral (although approved additional selection criteria may be applied to determine the final order of merit for selection). Information provided when sitting the ART or at subsequent interview may be forwarded to the Public Service and Merit Protection Commission for monitoring and evaluation purposes.

Vacancies requiring additional skills

Additional Selection Criteria: Where agencies require additional skills to meet their particular operational requirements, other selection criteria relevant to the requirements of the job may be assessed through approved additional selection procedures. The Personnel Management Guidelines booklet Guidelines on the Application of Additional Selection Criteria 2nd edition, published by the Public Service Commission, contains information on additional selection criteria.

Additional selection criteria, with the exception of criterion 6 which states 'interest in, motivation and ability to undertake further on or off-the-job training and skills acquisition', must be approved and applied as outlined in the above mentioned booklet.

Where additional selection criteria have been applied, the order of merit for appointment or promotion will be determined initially by the ART score and then by an assessment against the additional selection criteria.

The selection committee assessing additional selection criteria may also obtain referee reports relating to the applicant's job-related skills and experience. Referee reports may be a sensitive issue for outside applicants who should be assured that references from current employers will not be sought unless the applicant agrees or there is a high possibility of selection.

If a candidate is found to be unsuitable against additional selection criteria for three different referrals their name will be removed from the ART order of referral and they will be required to resit the test to be considered again (exceptions apply to people with disabilities being considered under the Selective Placement provisionssee the section entitled 'People with a disability' below). Candidates removed from the ART order of referral will not be able to resit the test until the minimum period between test sittings (twelve months) has elapsed.

Fit and proper person requirement

An ASO1 (Aboriginal Services) or Trainee ASO (Aboriginal Services) applicant who is not accepted by an agency on fit and proper person grounds will be removed from consideration for appointment. Applicants may resit the test when eligible and their eligibility for appointment will be reassessed at that time.

People with a disability

Except for applicants with an intellectual disability who are recruited through the Intellectual Disability Access Program, people with a disability must meet the same selection standards as other applicants. Special testing arrangements may be appropriate for applicants whose disability would affect their performance at a standard test session.

The Selective Placement Officer in the RSA in each State or Territory will arrange the appropriate method of testing for applicants with a disability, and their scores will be incorporated into the relevant general ART order of referral.

So far as possible applicants will be referred to agencies against ordinary recruitment demands for Trainee ASO (Aboriginal Services) and ASO1 (Aboriginal Services) as their position on the order of referral is reached. A more intensive and selective approach to placement will often be required to allow the matching of applicants to vacancies appropriate to their particular abilities and disabilities. In these cases, it may be appropriate to refer an applicant against an appropriate vacancy in anticipation of their reaching the top of the order of referral. It is recognised also that in rare cases appropriate vacancies will not be available for placing an applicant with a disability, even after making all reasonable adjustments.

If a department believes that placement of an applicant referred by the Selective Placement Officer is not feasible even after reasonable adjustment, the agency should provide RSA with a written report.

Because of the special nature of the selective matching process, applicants with a disability will not be removed from the ART order of referral if they are rated 'unsuitable' for three different referrals but will remain eligible for further referrals to potentially suitable vacancies for the period their test score remains valid (maximum two years).

Graduate Administrative Assistant

Selection Arrangements and Eligibility Requirements

Applicants for Graduate Administrative Assistant positions must possess a degree or three year diploma or equivalent qualification by the date at which they would commence duty as a Graduate Administrative Assistant.

Agencies may put in place arrangements for the recruitment of Graduate Administrative Assistants or may choose to use centralised recruitment arrangements provided by RSA. Arrangements put in place by agencies must be determined and notified in the Commonwealth of Australia Gazette under s.33A of the Public Service Act 1922.

Where agencies choose to use centralised arrangements, the following applies.

Recruitment Services Australia - Recruitment of Graduate Administrative Assistants

The centralised recruitment arrangements for the APS are managed by RSA, a specialist unit of the Department of Employment, Education, Training and Youth Affairs (DEETYA).

The relative suitability of applicants will be determined in the following way.

Applicants will be required to undertake the Public Sector Recruitment Test (PSRT) and answer the Public Sector Recruitment Questionnaire (PSRQ). The PSRT consists of four tests, each assessing an attribute important in public sector clerical/administrative work. No special study is required for the PSRT. The PSRQ assesses six attributes important in public sector clerical/administrative which are not assessed by selection tests. No special study is required for the PSRQ.

Information provided before and whilst sitting the PSRT may be forwarded to the Public Service and Merit Protection Commission for monitoring and evaluation purposes. Other details about the privacy of the information you give as part of your application for a Graduate Administrative Assistant position are contained in the publication 'Australian Public Sector Recruitment Applicant Handbook'.

On the basis of their performance on the PSRT and their answers to the PSRQ, applicants receive ratings on a scale of 1-10 for each of the ten attributes. Applicants will receive an overall Total Standardised Score (TSS) based on their PSRT and PSRQ results.

PSRT and PSRQ results and ratings remain valid for two years from the date of the test. Applicants will be permitted to sit the test at intervals of not less than two years with the exception of people with a disability who will be permitted to sit the PSRT and answer the PSRQ at intervals of not less than twelve months. The most recent PSRT and PSRQ results will be taken into account in the selection process.

Persons sitting the PSRT and answering the PSRQ for appointment, transfer or promotion as a Graduate Administrative Assistant must attain a rating of at least 5 on each of the ten attributes assessed by the PSRT and the PSRQ or attain a Total Standardised Score (TSS), calculated on the basis of their performance on all ten attributes, greater than or equal to 540 to be eligible for further consideration.

Applicants must also be in the top 50% of all graduate applicants as measured by the Total Standardised Score to be eligible for further consideration. Applicants will be selected for interview on the basis of academic record, performance on the PSRT, answers to the PSRQ, work related preferences and how they address selection criteria in a written statement of application.

Successful applicants will be appointed, promoted or transferred in order of merit based on the reports of agency selection committees. In addition to the selection methods described above, agencies may utilise information obtained from referee reports.

Officers selected for Graduate Administrative Assistant are promoted or transferred to the training office under section 50 of the Public Service Act 1922.

Section 53A of the Act provides that both promotions and transfers to training offices are appellable. Promotions and transfers to the training office must be notified in the Gazette in the 'Promotions' section, with an accompanying footnote:

'Unsuccessful officer applicants who satisfy the conditions of subsection 53A(2) of the Public Service Act 1922 may appeal against promotions of any of the officers listed above. Guidance on lodging appeals is in the preamble to the Promotions section of this Gazette.'

Fit and proper person requirement

GAA applicants who are not accepted by an agency on fit and proper person grounds will be removed from consideration for appointment. They may re-sit the test when eligible, (ie at intervals of not less than two years between test sittings or 12 months for people with a disability) or answer the questionnaire (after 12 months since they last completed the questionnaire) and their eligibility for appointment will be reassessed at that time.

People with a disability

People with a disability must meet the same selection standards as other applicants. However, special testing arrangements may be appropriate for applicants whose disability would affect their performance at a standard test session.

Applicants with a disability will be permitted to sit the PSRT and answer the PSRQ at intervals of not less than twelve months. The most recent PSRT and PSRQ results will be taken into account in the selection process.

Accelerated advancement provisions

Salaries payable to Graduate Administrative Assistants are based on the highest level of academic qualification held on the date of commencement:

UG2 Diploma	Fourth salary point
Three year pass degree	Fifth salary point
Courses of at least four years - Four year or longer pass degree - Three year degree plus second degree - Three year degree plus approved diploma or award	Sixth salary point
Second Class Honours degree	Eighth salary point
First Class Honours degree	Ninth salary point
Higher degree	Tenth salary point

Although normal incremental advancement applies, qualifications obtained as a result of courses completed after appointment, promotion or transfer do not entitle GAAs to automatic salary advancement within the GAA salary range.

Graduate Administrative Assistant (Aboriginal Services)

Eligibility Requirements

The person is an Aboriginal or Torres Strait Islander.

Selection Arrangements

Applicants for Graduate Administrative Assistant (Aboriginal Services) positions must possess a degree or three year diploma or equivalent qualification at the date by which they would commence duty as a Graduate Administrative Assistant.

Agencies may put in place arrangements for the recruitment of Graduate Administrative Assistants (Aboriginal Services) or may choose to use centralised recruitment arrangements provided by Recruitment Services Australia. Arrangements put in place by agencies must be determined and notified in the Commonwealth of Australia Gazette under section 33A of the Public Service Act 1922.

If agencies choose to use centralised arrangements, the following applies.

Recruitment Services Australia - Recruitment of Graduate Administrative Assistants (Aboriginal Services)

The centralised recruitment arrangements for the APS are managed by RSA, a specialist unit of the Department of Employment, Education, Training and Youth Affairs (DEETYA).

The relative suitability of applicants will be determined in the following way.

Applicants will be required to undertake the Public Sector Recruitment Test (PSRT) and answer the Public Sector Recruitment Questionnaire (PSRQ). The PSRT consists of four tests, each assessing an attribute important in public sector clerical/administrative work. No special study is required for the PSRT. The PSRQ assesses six attributes important in public sector clerical/administrative work which are not assessed by selection tests. No special study is required for the PSRQ.

Information provided before and while sitting the PSRT may be forwarded to the Public Service and Merit Protection Commission for monitoring and evaluation purposes. Other details about the privacy of the information given as part of the application for a Graduate Administrative Assistant position are contained in the publication 'Australian Public Sector Recruitment Applicant Handbook'.

PSRT and PSRQ results and ratings remain valid for two years from the date of the test. Applicants will be permitted to resit the test at intervals of not less than two years with the exception of people with a disability who will be permitted to resit the PSRT and answer the PSRQ at intervals of not less than twelve months. The most recent PSRT and PSRQ results will be taken into account in the selection process.

Applicants will be selected for interview on the basis of academic record, performance on the PSRT, answers to the PSRQ, work related preferences and how they address selection criteria in a written statement of application.

Fit and proper person requirement

Graduate Administrative Assistant (Aboriginal Services) applicants who are not accepted by an agency on fit and proper person grounds will be removed from consideration for appointment. They may resit the test when eligible, (ie at intervals of not less than two years between test sittings, or 12 months for people with a disability) or answer the questionnaire after 12 months (since their last assessment), and their eligibility for appointment will be reassessed at that time.

People with a disability

Accelerated Advancement Provisions

Salaries payable to Graduate Administrative Assistants (Aboriginal Services) are based on the highest level of academic qualification held on the date of commencement:

UG2 Diploma	Fourth salary point
Three year pass degree	Fifth salary point
Courses of at least four years - Four year or longer pass degree - Three year degree plus second degree - Three year degree plus approved diploma or award	Sixth salary point
Second Class Honours degree	Eighth salary point
First Class Honours degree	Ninth salary point
Higher degree	Tenth salary point

Although normal incremental advancement applies, qualifications obtained as a result of courses completed after appointment, promotion or transfer do not entitle Graduate Administrative Assistants (Aboriginal Services) to automatic salary advancement within the GAA salary range.

APS Level 1, and Trainee APS (Administrative)

Selection Arrangements and Elegibility Requirements

General Recruitment to the base of the APS classification structure may be made either to a position having the classification of APS Level 1, or to the classification of Trainee APS (Administrative).

Agencies may put in place arrangements for the recruitment of APS Level 1 or Trainee APS (Administrative) staff, or may choose to use centralised recruitment arrangements provided by RSA.

If agencies choose to use centralised arrangements the following applies.

Recruitment Services Australia - Recruitment of APS Level 1 and Trainee APS (Administrative)

The centralised recruitment arrangements for the APS are managed by RSA, a specialist unit of the Department of Employment, Education, Training and Youth Affairs (DEETYA).

The relative suitability of applicants for appointment and the relative suitability of applicants for promotion or transfer as APS Level 1 (APS1) or Trainee APS (Administrative) will be determined as set out below.

Except for applicants with an intellectual disability who are recruited through the Intellectual Disability Access Program, applicants for appointment or promotion to APS1 or Trainee APS (Administrative) will be required to sit the Public Sector Recruitment Test (PSRT), answer the Public Sector Recruitment Questionnaire (PSRQ), provide information about certain skills deemed important by recruiting agencies and provide details of their work related preferences.

Officers of the Australian Public Service (APS) who are APS Level 1-6 or Executive Level 1-2 are entitled to apply by direct transfer only to APS1 or Trainee APS (Administrative) positions under the provisions of section 50 of the Public Service Act 1922. These officers are ineligible to sit the PSRT and answer the PSRQ for the purpose of transfer as an APS1 or Trainee APS (Administrative).

Officers who are not in the APS classification structure who have a substantive classification equal to or higher than APS1 may apply by direct transfer and may also sit the PSRT and answer the PSRQ in order to be transferred as APS1 or Trainee APS (Administrative).

Trainee APS (Administrative) - training office

Officers selected for a Trainee APS (Administrative) office are promoted or transferred to a training office under section 50 of the Public Service Act 1922. Section 53A of the Act provides that both promotions and transfers to training offices are appellable.

Public Sector Recruitment Test (PSRT)

The PSRT consists of four tests, each assessing an attribute important in public sector clerical/administrative work. No special study is required for the PSRT.

Public Sector Recruitment Questionnaire (PSRQ)

The PSRQ assesses six attributes important in public sector clerical/administrative work which are not assessed by selection tests. No special study is required for the PSRQ.

Attribute Ratings and Total Standardised Score

Currency of PSRT and PSRQ results

All applicants will be permitted to answer the PSRQ at intervals of not less than twelve months.

The most recent PSRT and PSRQ results will be taken into account in the selection process.

Eligibility for referral

Persons sitting the PSRT and answering the PSRQ for appointment, promotion or transfer as a Trainee APS (Administrative) or APS1 must either:

attain a rating of at least '5' on each of the ten attributes assessed by the PSRT and the PSRQ; or
attain a Total Standardised Score (TSS), calculated on the basis of their performance on all ten attributes, greater than or equal to 540

to be eligible for further consideration.

The referral process

RSA will place details of applicants' PSRT/PSRQ ratings, other skills and work preferences on a data base for later matching against agency vacancy requirements.

Referral to participating agencies will then be made from those best matching the recruiting agency's position profile. Applicants for Trainee APS (Administrative) and APS1 vacancies will be referred from the same order of referral, so agencies will need to specify to RSA whether they are seeking to fill an APS1 position or Trainee APS (Administrative) position. A position profile may vary from position to position and will require applicants to have attained a particular level of performance against each of the ten attributes; to possess certain skills; and to have certain work related preferences.

RSA will administer the APS1/Trainee APS (Administrative) order of referral and allocate applicants to agencies that have entered into centralised arrangements. Recruitment demands for either vacancy must be placed by departments with RSA and filled by applicants referred by RSA from the order of referral.

Vacancies requiring additional skills

If an applicant is found to be unsuitable against additional selection criteria for three different referrals, then their name will be removed from the order of referral. They will have to wait two years from when they last sat the PSRT before they can sit the PSRT or 12 months since they last answered the questionnaire to answer the PSRQ and be considered again. Exceptions apply to people with a disability being considered under the Selective Placement provisionssee the section entitled 'People with a disability' below).

Fit and proper person requirement

The names of APS1 or Trainee APS (Administrative) applicants who are not accepted by an agency on fit and proper person grounds will be removed from consideration for appointment. A person may re-sit the test when eligible, (i.e., at intervals of not less than two years between test sittings, or 12 months for people with a disability) or answer the questionnaire (after 12 months since they last completed the questionnaire) and their eligibility for appointment will be reassessed at that time.

People with a disability

As far as possible, applicants will be referred to agencies against ordinary recruitment demands for APS1s or Trainee APS (Administrative), through matching vacancy and applicant profiles. However, a more intensive and selective approach to placement will often be required to allow the matching of applicants to vacancies appropriate to their particular abilities.

If an agency believes that placement of an applicant referred by the Selective Placement Officer is not feasible even after reasonable adjustment, the agency should provide RSA with a written report.

Because of the special nature of the selective matching process, applicants with a disability will not be removed from the order of referral if they are rated 'unsuitable' for three different referrals but will remain eligible for further referrals to potentially suitable vacancies for the period their test score remains valid (maximum two years).

Indigenous Recruitment While the new subregulation 71B(1) will continue for now to encompass the current centralised indigenous graduate recruitment and appointment process and structure, agencies will need to establish their own indigenous APSI or Trainee APS (Administrative) recruitment programs as they move to the new classification structure under a Certified Agreement. However, they will continue to be able to access the centralised indigenous graduate recruitment process and order of referral, administered by Recruitment Services Australia, to select people for their new programs.

Graduate APS

Selection Arrangements

Agencies may put in place arrangements for the recruitment of Graduate APSs or may choose to use centralised recruitment arrangements provided by Recruitment Services Australia.

If agencies choose to use centralised arrangements, the following applies.

Recruitment Services Australia - Recruitment of Graduate APS

The centralised recruitment arrangements for the APS are managed by RSA, a specialist unit of the Department of Employment, Education, Training and Youth Affairs (DEETYA).

The relative suitability of applicants will be determined in the following way.

Applicants will be required to undertake the Public Sector Recruitment Test (PSRT) and answer the Public Sector Recruitment Questionnaire (PSRQ). The PSRT consists of four tests, each assessing an attribute important in public sector clerical/administrative work. No special study is required for the PSRT. The PSRQ assesses six attributes important in clerical/administrative work which are not assessed by selection tests. No special study is required for the PSRQ.

Information provided before and while sitting the PSRT may be forwarded to the Public Service and Merit Protection Commission for monitoring and evaluation purposes. Other details about the privacy of the information given as part of an application for a Graduate APS position are contained in the publication 'Australian Public Sector Recruitment Applicant Handbook'.

Persons sitting the PSRT and answering the PSRQ for appointment, transfer or promotion as a Graduate APS must attain a rating of at least '5' on each of the ten attributes assessed by the PSRT and the PSRQ or attain a Total Standardised Score (TSS), calculated on the basis of their performance on all ten attributes, greater than or equal to 540 to be eligible for further consideration. Applicants must also be in the top 50% of all graduate applicants as measured by the Total Standardised Score to be eligible for further consideration.

Officers selected for Graduate APS are promoted or transferred to the training office under section 50 of the Public Service Act 1922.

Fit and proper person requirement

Graduate APS applicants who are not accepted by an agency on fit and proper person grounds will be removed from consideration for appointment. A person may re-sit the test when eligible, (ie at intervals of not less than two years between test sittings, or 12 months for people with a disability) or answer the questionnaire (after 12 months since they last completed the questionnaire) and their eligibility for appointment will be reassessed at that time.

People with a disability

Indigenous recruitment

While the new subregulation 71B(1) will continue for now to encompass the current centralised indigenous graduate recruitment and appointment process and structure, agencies will need to establish their own indigenous APSI or Trainee APS (Administrative) recruitment programs as they move to the new classification structure under a Certified Agreement. However, they will continue to be able to access the centralised indigenous graduate recruitment process and order of referral, administered by Recruitment Services Australia, to select people for their new programs.

L: PSMPC instructions on selection of short-term employees and for keeping of registers

The Manner in which Persons shall be selected for Short-term Employment

Short-term employees must be selected on the basis of their ability required to perform the relevant duties (i.e. skills, aptitude, qualifications and experience) and their availability to perform the duties in the location1.

A person who:

has been retired from the Australian Public Service (APS) under section 76W of the Act and has received a retrenchment severance benefit calculated under clause 11.4 of the APS General Employment Conditions Award 1995 or a similar payment under a Certified Agreement or Australian Workplace Agreement applicable to the person as an APS officer or employee; or
has retired from the APS following the giving of a notice under section 76R of the Act and the receipt of a specified benefit in accordance with a determination under section 82D of the Act;

is not eligible to be selected for short term temporary employment within twelve months after the date of retirement of the person from the APS, except if the Secretary is satisfied that the short term employment of such a person is essential because of the nature of the duties to be performed and the skills, experience or qualifications of the person.

The Manner in which Registers of Applicants for Short-term Employment shall be kept

Registers of applicants for short term employment may be established by agencies, Commonwealth agencies acting as service providers, non-government agencies, community and professional organisations and private sector organisations.

Agencies may choose to use whichever option or options are appropriate to the needs of the agency.2

1 The Public Service Act 1922 requires that all powers exercised in relation to the selection of persons for short term employment shall be exercised without patronage or favouritism. All powers exercised in relation to the selection of short term employees must also be without discrimination that is unlawful under any applicable anti-discrimination legislation. Employment decisions must also comply with relevant provisions of theWorkplace Relations Act 1996.

2 The Public Service Act 1922 requires that all powers exercised in relation to the selection of persons for short term employment including the maintenance of registers shall be exercised without patronage or favouritism. All powers exercised in relation to the maintenance of registers for short term employees must also be without discrimination that is unlawful under any applicable anti-discrimination legislation.

M1: Direction under section 76X(1) of the Public Service Act 1922

Commonwealth of Australia Public Service Act 1922 Public Service Act (Subsection 76X (1)) Administrative Instruction 1998

I, HELEN WILLIAMS, Public Service Commissioner, acting under subsection 76X (1) of the Public Service Act 1922, give the following administrative instruction.

Dated 25 February 1998

Public Service Commissioner

1. Name of administrative instruction

This administrative instruction is the Public Service Act (Subsection 76X (1)) Administrative Instruction 1998.

2. Commencement

(1) Clause 5 commences on 30 June 1998.

(2) The remaining clauses commence on 15 March 1998.

3. Definition

In this instruction:

Act means the Public Service Act 1922.

Department means a Department other than a Department of the Parliamentary Service within the meaning of the Public Service (Parliamentary Officers) Regulations.

poor performance means a matter mentioned in paragraph 76W (6) (a) (b) or (c) of the Act.

4. Previous administrative instructions to cease to have effect in certain circumstances

(1) This clause applies if, before 30 June 1998:

the relevant Secretary for a Department has put in place, or puts in place, procedures for the management of poor performance; and
the procedures comply with any relevant directions under subsection 76X (2) of the Act expressed to be binding on the Secretary.

(2) Each instruction made under subsection 76X (1) of the Act, and in force on the date the procedures commence, ceases to have effect for the Department:

if the procedures were put in place before 15 March 1998on 15 March 1998; and
otherwise-on the date the procedures are put in place.

5. Revocation of previous administrative instructions

Each instruction made under subsection 76X (1) of the Act, and in force immediately before this clause commences, is revoked.

M2: Direction under section 76X(2) of the Public Service Act 1922

Commonwealth of Australia Public Service Act 1922 Public Service Act (Subsection 76X (2)) Direction 1998

I, HELEN WILLIAMS, Public Service Commissioner, acting under subsection 76X (2) of the Public Service Act 1922, give the following binding direction to each Secretary of a Department (other than a Department of the Parliamentary Service within the meaning of the Public Service (Parliamentary Officers) Regulations).

In developing procedures for the management of inefficiency, fitness for continued duty and loss of essential qualification in your Department, you must ensure that the procedures:

have active performance management as an integral part of the workplace culture
have regard to procedural fairness
balance the needs of the agency and the individual
are streamlined and efficient
are consistent with relevant legislation, for example legislation about workplace relations, discrimination, record keeping and privacy
allow, in each case, for review of the final decision, except if review of the decision is provided for in the Workplace Relations Act 1996.

Note: Part VIA of the Workplace Relations Act 1996 deals with applications for relief in respect of termination of employment.

Dated 25 February 1998

Public Service Commissioner

P1: List of Commonwealth offices to be excluded from Part IV of the Public Service Act 1922

Office Title/Name of Commonwealth Authority

Director Aboriginal and Torres Strait Islander Commercial Development Corporation Board
Chief Executive Officer Aboriginal and Torres Strait Islander Commission
Chairperson Aboriginal and Torres Strait Islander Commission
Commissioner Aboriginal and Torres Strait Islander Commission
Director of Evaluation and Audit Aboriginal and Torres Strait Islander Commission
Member Aboriginal and Torres Strait Islander Commission
Chairperson Aboriginal and Torres Strait Islander Commission-Regional Councils
Member Aboriginal and Torres Strait Islander Commission-Regional Councils
Non-Presidential Member Administrative Appeals Tribunal
Registrar Administrative Appeals Tribunal
President Administrative Appeals Tribunal
Deputy President Administrative Appeals Tribunal
Director Affirmative Action Agency
Chairperson Airservices Australia
Deputy Chairperson Airservices Australia
Member Airservices Australia
Chairperson Albury-Wodonga Development Corporation
Deputy Chairperson Albury-Wodonga Development Corporation
Member Albury-Wodonga Development Corporation
Associate Member Anti-Dumping Authority
Member Anti-Dumping Authority
Chairperson Australia Council Board
Member Australia Council Board
Member Australia Council-Aboriginal Arts and Torres Strait Islander Board
Chairperson Australia Council -Aboriginal Arts and Torres Strait Islander Board
Chairperson Australia Council
Deputy Chairperson Australia Council
General Manager Australia Council
Member Australia Council
Chairperson Australia New Zealand Food Authority
Member Australia New Zealand Food Authority
Director Australian Accounting Standards Board
Member Australian Accounting Standards Board
Chairman Australian Archives - Advisory Council
Deputy Chairman Australian Archives - Advisory Council
Member Australian Archives - Advisory Council
Associate Member Australian Broadcasting Authority
Chairperson Australian Broadcasting Authority
Deputy Chairperson Australian Broadcasting Authority
Member Australian Broadcasting Authority
Chairperson Australian Broadcasting Corporation
Deputy Chairperson Australian Broadcasting Corporation
Director Australian Broadcasting Corporation
Statistician Australian Bureau of Statistics
Chairman Australian Centre for International Agricultural Research Board
Director Australian Centre for International Agricultural Research Board
Director Australian Centre for International Agricultural Research
Member Australian Centre for International Agricultural Research Board
Member Australian Centre for International Agricultural Research Council
President Australian Centre for International Agricultural Research Board
President Australian Centre for International Agricultural Research Council
Associate Member Australian Communications Authority
Chairman Australian Communications Authority
Deputy Chairman Australian Communications Authority
Member Australian Communications Authority
Chairperson Australian Community Pharmacy Authority
Member Australian Community Pharmacy Authority
Associate Member Australian Competition and Consumer Commission
Chairperson Australian Competition and Consumer Commission
Deputy Chairperson Australian Competition and Consumer Commission
Member Australian Competition and Consumer Commission
Non-Presidential Member Australian Competition Tribunal
Chief Executive Officer Australian Customs Service
Chairperson Australian Dairy Corporation
Member Australian Dairy Corporation
Member Australian Dairy Corporation Selection Committee
Chairperson Australian Dried Fruits Research and Development Council
Member Australian Dried Fruits Research and Development Council
Commissioner Australian Federal Police
Chairman Australian Film Commission
Deputy Chairman Australian Film Commission
Member Australian Film Commission
Chairman Australian Film, Television and Radio School Council
Member Australian Film, Television and Radio School Council
Director Australian Film, Television and Radio School
Chairperson Australian Fisheries Management Authority
Deputy Chairperson Australian Fisheries Management Authority
Director Australian Fisheries Management Authority
Member Australian Fisheries Management Authority Selection Committee
Presiding Member Australian Fisheries Management Authority Selection Committee
Chairperson Australian Health Ethics Committee
Member Australian Health Ethics Committee
Chairperson Australian Hearing Services
General Manager Australian Hearing Services
Member Australian Hearing Services
Commissioner Australian Heritage Commission
Chairperson Australian Horticultural Corporation
Deputy Chairperson Australian Horticultural Corporation
Member Australian Horticultural Corporation
Chairperson Australian Horticultural Corporation Selection Committee
Deputy Chairperson Australian Horticultural Corporation Selection Committee
Member Australian Horticultural Corporation Selection Committee
Industrial Registrar Australian Industrial Registry
Commissioner Australian Industrial Relations Commission
Chairperson Australian Institute of Aboriginal and Torres Strait Islander Studies Council
Member Australian Institute of Aboriginal and Torres Strait Islander Studies Council
Deputy Chairperson Australian Institute of Aboriginal and Torres Strait Islander Studies Council
Director Australian Institute of Criminology
Chairman Australian Institute of Criminology Board of Management
Member Australian Institute of Criminology Board of Management
Director Australian Institute of Family Studies and of the Board of Management
Member Australian Institute of Family Studies Board of Management
Chairperson Australian Institute of Health and Welfare
Director Australian Institute of Health and Welfare
Member Australian Institute of Health and Welfare
Chairperson Australian Institute of Marine Science Council
Director Australian Institute of Marine Science Council
Member Australian Institute of Marine Science Council
Director Australian Institute of Marine Science
Chairperson Australian Language and Literacy Council
Member Australian Language and Literacy Council
Deputy President Australian Law Reform Commission
Member Australian Law Reform Commission
President Australian Law Reform Commission
Chairperson Australian Maritime Safety Authority
Chief Executive Officer Australian Maritime Safety Authority
Deputy Chairperson Australian Maritime Safety Authority
Member Australian Maritime Safety Authority
Chairperson Australian Meat and Live-stock Corporation
Deputy Chairperson Australian Meat and Live-stock Corporation
Member Australian Meat and Live-stock Corporation
Chairperson Australian Meat and Live-stock Corporation & Meat Research Corporation Selection Committee
Member Australian Meat and Live-stock Corporation & Meat Research Corporation Selection Committee
Chairperson Australian National Maritime Museum Council
Director Australian National Maritime Museum Council
Member Australian National Maritime Museum Council
Managing Director Australian National Railways Commission
Chairperson Australian National Training Authority
Deputy Chairperson Australian National Training Authority
Member Australian National Training Authority
Chairperson Australian Nuclear Science and Technology Organisation
Deputy Chairperson Australian Nuclear Science and Technology Organisation
Member Australian Nuclear Science and Technology Organisation
Chairperson Australian Pig Industry Council
Deputy Chairperson Australian Pig Industry Council
Member Australian Pig Industry Council
Chairperson Australian Pork Corporation
Deputy Chairperson Australian Pork Corporation
Member Australian Pork Corporation
Member Australian Pork Corporation Selection Committee
Presiding Member Australian Pork Corporation Selection Committee
Managing Director Australian Postal Corporation
Chairperson Australian Research Council
Member Australian Research Council
Director of Safeguards Australian Safeguards Office
Chairman Australian Science and Technology Council
Deputy Chairman Australian Science and Technology Council
Chairperson Australian Securities Commission
Deputy Chairperson Australian Securities Commission
Member Australian Securities Commission
Director-General Australian Security Intelligence Organisation
Chairperson Australian Sports Commission
Deputy Chairperson Australian Sports Commission
Member Australian Sports Commission
Chairperson Australian Sports Drug Agency
Chief Executive Australian Sports Drug Agency
Deputy Chairperson Australian Sports Drug Agency
Member Australian Sports Drug Agency
Chairperson Australian Statistics Advisory Council
Member Australian Statistics Advisory Council
Commissioner Australian Taxation Office
Second Commissioner Australian Taxation Office
Chairperson Australian Tourist Commission
Deputy Chairperson Australian Tourist Commission
Member Australian Tourist Commission
Chairperson Australian Trade Commission
Deputy Chairperson Australian Trade Commission
Deputy Managing Director Australian Trade Commission
Managing Director Australian Trade Commission
Member Australian Trade Commission
National Director Australian Trade Union Training Authority
Director Australian Transaction Reports and Analysis Centre
Director Australian War Graves Office
Member Australian War Memorial Council
Director Australian War Memorial
Chairperson Australian Wheat Board
Member Australian Wheat Board
Member Australian Wheat Board Selection Committee
Presiding Member Australian Wheat Board Selection Committee
Chairperson Australian Wine and Brandy Corporation
Member Australian Wine and Brandy Corporation
Deputy Chairperson Australian Wine and Brandy Corporation
Member Australian Wine and Brandy Corporation Selection Committee
Presiding Member Australian Wine and Brandy Corporation Selection Committee
Member Australian Wool Research and Promotion Organisation Selection Committee
Chairperson Australian Wool Research and Promotion Organisation
Deputy Chairperson Australian Wool Research and Promotion Organisation
Member Australian Wool Research and Promotion Organisation
Chairman Central Land Council
Member Central Land Council
Director Chemicals Notification and Assessment
Chairperson Chicken Meat Research and Development Council
Member Chicken Meat Research and Development Council
Director Christmas Island Services Corporation
Administrator Christmas Island Administration
Deputy Administrator Christmas Island Administration
Chairperson Civil Aviation Safety Authority
Deputy Chairperson Civil Aviation Safety Authority
Director of Aviation Safety Civil Aviation Safety Authority
Member Civil Aviation Safety Authority
Deputy Director Classification Board
Director Classification Board
Convenor Classification Board
Deputy Convenor Classification Board
Member Classification Board
Administrator Cocos (Keeling) Islands Administration
Chief Executive Officer Comcare
Commissioner Commission of Complaints
Member Commonwealth Employment Service National Committee
Chairperson Commonwealth Grants Commission
Member Commonwealth Grants Commission
Deputy Ombudsman Commonwealth Ombudsman
Ombudsman Commonwealth Ombudsman
Chief Executive Commonwealth Science and Industry Research Organisation
Chairperson Commonwealth Scientific and Industrial Research Organisation Board
Member Commonwealth Scientific and Industrial Research Organisation Board
Chairman Community Relations Council
Deputy Chairman Community Relations Council
Member Community Relations Council
Convenor Companies and Securities Advisory Committee
Member Companies and Securities Advisory Committee
Chairperson Companies Auditors and Liquidators Disciplinary Board
Member Companies Auditors and Liquidators Disciplinary Board
Chief Executive Officer Construction Industry Development Agency Board
Member Construction Industry Development Agency Board
Member Construction Industry Development Council
Non-judicial Member Copyright Tribunal
Member Corporations and Securities Panel
President Corporations and Securities Panel
Chairperson Cotton Research and Development Corporation
Director Cotton Research and Development Corporation
Chairperson Council for Aboriginal Reconciliation
Deputy Chairperson Council for Aboriginal Reconciliation
Member Council for Aboriginal Reconciliation
Commonwealth Member Criminology Research Council
Chairperson Dairy Research and Development Corporation
Director Dairy Research and Development Corporation
Defence Force Advocate Defence Force Advocate
Member Defence Force Remuneration Tribunal
Chairperson Defence Housing Authority
Member Defence Housing Authority
Development Allowance Authority Development Allowance Authority
Associate Director of Public Prosecutions Director of Public Prosecutions
Director of Public Prosecutions Director of Public Prosecutions
Commissioner Economic Planning Advisory Commission
Employment Advocate Employment Advocate
Chairperson Employment and Skills Council
Member Employment and Skills Council
Chief Executive Officer Employment Services Regulatory Authority
Chairperson Employment Services Regulatory Authority Board
Member Employment Services Regulatory Authority Board
Chairperson Export Finance and Insurance Corporation Board
Member Export Finance and Insurance Corporation Board
Managing Director Export Finance and Insurance Corporation
Deputy Managing Director Export Finance and Insurance Corporation
Chief Executive Officer Family Court of Australia
Judicial Registrar Family Court of Australia
Chairperson Family Law Council
Member Family Law Council
Chairperson Federal Airports Corporation Board
Deputy Chairperson Federal Airports Corporation Board
Member Federal Airports Corporation Board
Assessor Federal Court of Australia
Judicial Registrar Federal Court of Australia
Registrar Federal Court of Australia
Chairperson Fisheries Research and Development Corporation
Director Fisheries Research and Development Corporation
Chairperson Forest and Wood Products Research and Development Corporation
Director Forest and Wood Products Research and Development Corporation
Chairperson Grains Research and Development Corporation
Director Grains Research and Development Corporation
Chairperson Grape and Wine Research and Development Corporation
Director Grape and Wine Research and Development Corporation
Chairperson Great Barrier Reef Marine Park Authority
Member Great Barrier Reef Marine Park Authority
Chairperson Health Insurance Commission
Commissioner Health Insurance Commission
Determining Officer Health Insurance Commission
Managing Director Health Insurance Commission
Chief Executive and Principal Registrar High Court of Australia
Chairperson Higher Education Council
Member Higher Education Council
Chairperson Horticultural Research and Development Corporation
Member Horticultural Research and Development Corporation
Sex Discrimination Commissioner Human Rights and Equal Opportunity Commission
Aboriginal and Torres Strait Islander Social Justice Commissioner Human Rights and Equal Opportunity Commission
Disability Discrimination Commissioner Human Rights and Equal Opportunity Commission
Human Rights Commissioner Human Rights and Equal Opportunity Commission
President Human Rights and Equal Opportunity Commission
Privacy Commissioner Human Rights and Equal Opportunity Commission
Race Discrimination Commissioner Human Rights and Equal Opportunity Commission
Member Immigration Review Tribunal
Principal Member Immigration Review Tribunal
Chairperson Indigenous Land Corporation Board
Deputy Chairperson Indigenous Land Corporation Board
Member Indigenous Land Corporation Board
Associate Commissioner Industry Commission
Commissioner Industry Commission
Chairperson Industry Research and Development Board
Member Industry Research and Development Board
Inspector-General Inspector-General of Intelligence and Security
Commissioner Insurance and Superannuation Commission
Member International Air Services Commission
Agency Inspector International Atomic Energy Agency
Inspector International Atomic Energy Agency
Chairperson Land and Water Resources Research and Development Corporation
Director Land and Water Resources Research and Development Corporation
Chairperson Life Insurance Actuarial Standards Board
Member Life Insurance Actuarial Standards Board
Chairperson Meat Industry Council
Member Meat Industry Council
Chairperson Meat Research Corporation
Member Meat Research Corporation
Chairperson Medical Research Committee
Member Medical Research Committee
Chairperson Medicare Participation Review Committee
Chairperson National Board of Employment, Education and Training
Deputy Chairperson National Board of Employment, Education and Training
Member National Board of Employment, Education and Training
Chairperson National Capital Planning Authority
Chief Executive National Capital Planning Authority
Member National Capital Planning Authority
Councillor National Competition Council
President National Competition Council
Chairperson National Crime Authority
Counsel Assisting the Authority National Crime Authority
Member National Crime Authority
Chairman National Gallery of Australia Council
Member National Gallery of Australia Council
Director National Gallery of Australia
Chairperson National Health and Medical Research Council
Member National Health and Medical Research Council
Director National Institute of Occupational Health and Safety
Chairman National Library of Australia Council
Member National Library of Australia Council
Director-General National Library of Australia
Chairman National Museum of Australia Council
Member National Museum of Australia Council
Director National Museum of Australia
Member National Native Title Tribunal
Registrar National Native Title Tribunal
Chairperson National Occupational Health and Safety Commission
Member National Occupational Health and Safety Commission
Director National Parks and Wildlife Service
Member National Parks and Wildlife Service Park or Reserve Board
Chairperson National Registration Authority for Agricultural and Veterinary Chemicals
Deputy Chairperson National Registration Authority for Agricultural and Veterinary Chemicals
Director National Registration Authority for Agricultural and Veterinary Chemicals
Chairperson National Road Transport Commission
Deputy Chairperson National Road Transport Commission
Member National Road Transport Commission
Chairman National Standards Commission
Member National Standards Commission
Administrator Norfolk Island
Chairperson Northern Land Council
Member Northern Land Council
Administrator Northern Territory
Director Nuclear Safety Bureau
Member Nursing Homes Fees Review Committees of Inquiry
Director-General Office of National Assessments
Official Secretary to the Governor-General Office of the Official Secretary to the Governor-General
First Parliamentary Counsel Office of the Parliamentary Counsel
Second Parliamentary Counsel Office of the Parliamentary Counsel
Chairperson Pharmaceutical Benefits Remuneration Tribunal
Member Pharmaceutical Benefits Remuneration Tribunal
Member Pharmaceutical Services Federal Committee of Inquiry
Chairperson Pig Research and Development Corporation
Director Pig Research and Development Corporation
Chairperson Pipeline Authority
Deputy Chairperson Pipeline Authority
Director Pipeline Authority
Chairperson Pooled Development Fund Program Registration Board
Member Pooled Development Fund Program Registration Board
Commissioner Private Health Insurance Administration
Member Private Health Insurance Administration Council
Complaints Commissioner Private Health Insurance Complaints Commission
Deputy Director Professional Services Review
Director Professional Services Review
Chairperson Public Lending Rights Committee
Member Public Lending Rights Committee
Public Service Commissioner Public Service and Merit Protection Commission
Merit Protection Commissioner Public Service and Merit Protection Commission
Deputy Principal Member Refugee Review Tribunal
Member Refugee Review Tribunal
Principal Member Refugee Review Tribunal
Commissioner Repatriation Commission
Deputy President Repatriation Commission
President Repatriation Commission
Member Repatriation Medical Authority
Deputy Governor Reserve Bank of Australia
Governor Reserve Bank of Australia
Member Reserve Bank of Australia
Chairperson Rural Adjustment Scheme Advisory Council
Member Rural Adjustment Scheme Advisory Council
Chairperson Rural Industries Research and Development Corporation
Director Rural Industries Research and Development Corporation
Chairperson Safety Review Committee
Deputy Chairperson Safety Review Committee
Member Safety Review Committee
Member Safety, Rehabilitation and Compensation Commission
Chairperson Schools Council
Member Schools Council
Chairperson Seafarers Safety, Rehabilitation and Compensation Authority
Deputy Chairperson Seafarers Safety, Rehabilitation and Compensation Authority
Member Seafarers Safety, Rehabilitation and Compensation Authority
Associate Commissioner Snowy Mountains Hydro-electric Authority
Commissioner Snowy Mountains Hydro-electric Authority
Member Social Security Appeals Tribunal
Solicitor-General Solicitor-General
Chairperson Special Broadcasting Service Board
Non-Executive Director Special Broadcasting Service Board
Convenor Specialist Medical Review Council
Councillor Specialist Medical Review Council
Member Specialist Recognition Appeal Committee
Member Specialist Recognition Advisory Committee
Member Statutory Fishing Rights Allocation Review Panel
Principal Member Statutory Fishing Rights Allocation Review Panel
Chairperson Stevedoring Industry Finance Committee
Member Stevedoring Industry Finance Committee
Chairperson Sugar Research and Development Corporation
Director Sugar Research and Development Corporation
Commissioner Superannuation Commission
Chairperson Superannuation Complaints Tribunal
Deputy Chairperson Superannuation Complaints Tribunal
Member Superannuation Complaints Tribunal
Chairperson Tax Agents' Board
Member Tax Agents' Board
Chair Tiwi Land Council
Deputy Chair Tiwi Land Council
Member Tiwi Land Council Management Committee
Chairperson Tobacco Research and Development Corporation
Member Tobacco Research and Development Corporation
Chairperson Tobacco Research and Development Corporation Selection Committee
Member Tobacco Research and Development Corporation Selection Committee
Chairperson Torres Strait Islander Advisory Board
Member Torres Strait Islander Advisory Board
Administrator Torres Strait Regional Authority
General Manager Torres Strait Regional Authority
Member Veterans' Review Board
Chairperson Wool International
Member Wool International

P2: List of Commonwealth authorities to be excluded from Part IV of the Public Service Act 1922

Aboriginal and Torres Strait Islander Commercial Development Corporation
Airservices Australia
Albury-Wodonga Development Corporation
Anglo-Australian Telescope Board
Anindilyakwa Land Council
Australia Council
Australian Broadcasting Corporation
Australian Dairy Corporation
Australian Dried Fruits Board
Australian Film Commission
Australian Film, Television and Radio School
Australian Fisheries Management Authority
Australian Hearing Services
Australian Horticultural Corporation
Australian Institute of Criminology
Australian Institute of Family Studies
Australian Institute of Marine Science
Australian Law Reform Commission
Australian Maritime College
Australian Maritime Safety Authority
Australian Meat and Live-stock Corporation
Australian National Training Authority
Australian National University
Australian Nuclear Science & Technology Organisation
Australian Postal Corporation
Australian Pork Corporation
Australian Securities Commission
Australian Security Intelligence Organisation
Australian Sports Commission
Australian Sports Drug Agency
Australian Tourist Commission
Australian Trade Commission
Australian Trade Union Training Authority
Australian Wheat Board
Australian Wine and Brandy Corporation
Australian Wool Research and Promotion Organisation
Central Land Council
Civil Aviation Safety Authority
Commonwealth Scientific and Industrial Research Organisation
Cotton Research and Development Corporation
Dairy Research and Development Corporation
Dried Fruits Research and Development Council
Energy Research and Development Council
Export Finance and Insurance Corporation
Federal Airports Corporation
Fisheries Research and Development Corporation
Forest and Wood Products Research and Development Corporation
Grains Research and Development Corporation
Grape and Wine Research and Development Corporation
Health Insurance Commission High Court of Australia
Horticultural Research and Development Corporation
Indigenous Land Corporation
Land and Water Resources Research and Development Corporation
Meat Industry Council Meat Research Corporation
National Gallery of Australia
National Registration Authority for Agricultural and Veterinary Chemicals
National Road Transport Commission
National Standards Commission
Northern Land Council
Pig Research and Development Corporation
Private Health Insurance Administration Council
Reserve Bank of Australia
Rural Industries Research and Development Corporation
Snowy Mountains Hydro-electric Authority
Special Broadcasting Service Corporation
Sugar Research and Development Corporation
Tiwi Land Council
Tobacco Research and Development Corporation
Wool International

Q: Special payments to staff

Purpose of this Advice

There are various mechanisms for making compensatory payments to staff. The purpose of this advice is to assist agencies when considering claims for payments to staff, under s.90(3) of the Public Service Act 1922 (the Act).

The Formal Framework

The Public Service Commissioner may authorise, under section 90(3) of the Act, the making of payments to an officer or employee if the Commissioner considers it appropriate to do so because of special circumstances that arise out of, or relate to, APS employment. Specifically, s.90(3) provides:

'Payments to officers
Payments of money to officers or employees, other than for salary or for allowances or expenses which may be paid under the regulations or under determinations in force under subsection 9(7A) or section 82D, shall be made only under the authority of the Board.'

The reference to the Board is to be construed as a reference to the Public Service Commissioner s.11(7) Administrative Arrangements Act 1987.

The Public Service Commissioner has now delegated this power, under s.18 of the Act, to agency heads, for authorisation of payment of up to $20,000 only. Requests for authorisation above this amount would need to be forwarded to the Public Service Commissioner or the Secretary, Department of Workplace Relations and Small Business (DWRSB), as appropriate, for consideration. The Secretary, DWRSB, also holds an unlimited delegation under s.90(3) in relation to terms and conditions of employment (including overseas employment).

In considering the authorisation of payments under s.90(3) agency heads should have regard to the following:

legally, payments may be made only to officers or employees and must be related to their employment as a public servant. Legal advice indicates that this may include ex-officers and employees where the payment is related to their employment;
payment cannot be made for salary or for allowances or for expenses, as specified in the section;
payments may only be authorised under this provision if they cannot otherwise be authorised by law or are not required to meet a legal liability.

Agency heads must comply with the requirements set out at paragraph 18 (Agency Responsibilities). These requirements have been included as conditions to the instrument of delegation.

Scope and Limitation of Payments

Payments under s.90(3) deal with situations that are not covered by statutory entitlements, payments by the Commonwealth under legal liabilities, or approved programs.

For this reason, they are meant to be applied only in special cases and in ways that ensure consistency and equity in the impact of Government activities.

Payments under s.90(3) can provide equitable remedies in respect of APS employment to persons who have been unfairly disadvantaged by the Commonwealth in circumstances in which no legal liability can be established. The scope for payments under s.90(3), however, may be much broader than just 'compensation'.

In every instance it is expected that payment would not be made, except where there are compelling reasons to justify itsuch as, when the particular circumstances of a case lead to the publicly defensible conclusion that there is a moral obligation on the Commonwealth to make the payment.

For this reason, payments under s.90(3)should not be seen as a long term means of circumventing legislative provisions or remedying legislative shortcomings or of establishing a scheme of payments to shore up program deficiencies. In these circumstances, the expected solution is to remedy the legislative or program deficiencies.

Consequently, it is expected that this discretionary power will need to be used only in a limited number of instances where there are special circumstances.

While no decision under s.90(3) can technically create a precedent in a legal sense for future cases, care must be taken by decision makers to avoid approving payments which may lead to unreasonable expectations being raised and which may make it difficult, in equity, to decline similar requests in future. Particular decisions and the issues they raise may be looked to (including possibly by the Courts) as guides against which future requests under this section of the Act might be assessed.

Conditions

Conditions may be attached to any payment authorised by the Agency Head. Legal advice should be sought if conditions are to be attached to any payment.

Appropriation

Payments made under these provisions are made from running costs. Payment is the responsibility of the agency from which the claim for payment originates, and agencies are required to keep registers of payments made (see Agency Responsibilities, paragraph 18).

Interaction with other Commonwealth Mechanisms for providing Compensation/Remedies

Payment cannot be made under s.90(3) where there is a legal liability to make a payment. Any such claims should be considered under the Commonwealth policy on settling claims against the Commonwealth which is set out in the Attorney-General's statement 'Commonwealth Policy for Handling Monetary Claims'.

Section 90(3) is also not available to make payments in circumstances where detriment has been caused by the defective administration of a Commonwealth agency. In these cases, payments should be considered under the scheme for 'Compensation for detriment caused by defective administration' (refer to Estimates Memorandum 1995/42 for details of the scheme).

As act of grace payments under s.33 of the Financial Management and Accountability Act 1997 cannot be made where there is another legal means of making the payment, act of grace payments cannot be considered where requests or claims relate to a person's employment with the Commonwealth. These requests should be considered under s.90(3) of the Public Service Act.

Agency Responsibilities

Agency heads are required (by the terms of the instrument of delegation) to:

maintain a suitable register of payments authorised under s.90(3) each year.
ensure that payments made under s.90(3) during the financial year are reported in the annual financial statements of the agency concerned.

Agency heads must also be prepared to provide further details to the Public Service Commissioner if necessary.

This advice should also be read with a view to the general advice on act of grace payments provided by the Department of Finance and Administration. Reference should be made to the Model Set of Chief Executive Instructions issued by the Department of Finance and Administration for use by Chief Executives for carrying out or giving effect to the Financial Management and Accountability Act 1997. In particular, the chapter 'Spending Public Money' is relevant.

Settlement of Unfair Dismissal Cases under the Workplace Relations Act 1996

In considering payment for 'out of court' settlement of unfair dismissal cases, where payments of moneys is involved, reference should be made to the 'Commonwealth Policy for Handling Monetary Claims', or considered in the context of the 'Scheme for Compensation for Detriment caused by Defective Administration'. The Policy Statement issued by the Attorney-General applies to the settlement of all monetary claims (other than claims that must be settled under a statute or under a mechanism provided by contract), and requires any settlement of a claim to be in accordance with legal principle and practice.

Where there is not a clear legal basis or case of defective administration, but the Agency Head considers, as a matter of balance, that it is in the interests of the Commonwealth to pay, such payment may be authorised under s.90(3).

Other References

Other relevant provisions/advice are:

Act of grace payments Section 33 Financial Management and Accountability Act 1997
Commonwealth Policy for Handling Monetary Claims (policy statement issued by the Attorney-General) The policy replaces the policy previously set out in Finance Directions 21/3-6 and Finance Guidelines 21/3-3A, which detailed procedures on dealing with claims against the Commonwealth.
Commonwealth Policy for Assistance to Officials in Relation to Legal Proceedings (policy statement issued by the Attorney-General in December 1997).
- The above policy statements are expected to be circulated as Department of Finance and Administration circulars.
The Scheme for Compensation for Detriment Caused by Defective AdministrationDepartment of Finance and Administration, Estimates Memorandum 1995/42.

T: Human Resource Benchmarking additional guidance material

Title	Description	Location
*Achieving Cost Effective Personnel Services*, MAB/MIAC, Report No. 18, Commonwealth of Australia, Canberra, 1995.	This paper examines issues relating to models of best practice and information about what better managers are achieving. It is one of a series being published from MIAC's reports to the Board. The Board has agreed to publish these reports to provide Commonwealth public servants with contemporary information on key management issues in the Service.	A copy of the document is available from AGPS Bookshops on 008 020049. *Also on the Net...* ../mab/person.htm
*Re-Engineering People Management: From Good Intentions to Good Practice*, PSMPC, Commonwealth of Australia, Canberra, 1996.	This is a report on the second stage of the MAB/MIAC project Achieving Cost Effective Personnel Services (ACEPS Two). It reflects senior management views of what is achievable in the present public sector employment framework.	A copy of the document is available from AGPS Bookshops 008 020049.
*Strategic People Planning for Public Sector Agencies*, Public Service and Merit Protection Commission, Canberra, 1996.	This report designed to explore what APS managers might do in order to achieve a more strategic approach to HRM in the APS. It draws on the literature of recently published research which specifically focuses on public and private sector attempts to apply a more strategic approach to the traditional HRM functions of an organisation. It also looks at the findings of some of that literature when applied and records what happened when ten groups of Senior Executive Officers in two APS Departments spent some time in a series of focus groups examining their opinions and attitudes towards people man-agement in their agencies.
*Using Business Process Reengineering to Achieve Best Practice in the APS*, Huong Le-Dao and Kerri Russ, Public Service and Merit Protection Commission, Canberra, 1997	This document has been prepared to assist agencies in understanding how BPR could be used to reengineer their work processes to achieve fundamental change. Topics include: the difference between BPR and total quality management; methodology and techniques; critical success factors; and, principles for reengineering.
*Better Practice Online*	This Site has been developed to provide comprehensive qualitative information designed to help APS agencies learn from the best practices of others.

U: Regulations repealed

The following regulations in the Public Service Regulations as in force immediately before 15 March 1998 have been repealed:

Reg	Heading	Reason for omission or change
3(1)	Interpretation	Definition of Regional Director no longer applicable since the abolition of the Public Service Board in 1987.
3(2) and (3)	Interpretation	Sub-regulation (2), relating to the location of an office, is now considered to be obsolete. Sub-regulation (3) relating to location at which duties are deemed to be performed is now covered in the Australian Public Service General Employment Conditions Award 1995.
4	Repeal of previous regulations	This provision relates to repeal of the regulations in force at time of commencement of the current regulations and is no longer relevant. Division 1 of the regulations is renamed 'Attendance and returns' to take account of other amendments now proposed by these Regulations.
7	Officers to acquaint themselves with Act, Regulations and Determinations	Renumbered as regulation 14.
8	Act, Regulations and Determinations to be available to officers	Replaced by provisions of Code of Conduct in proposed regulation 7.
8A	Duties of officers	Replaced by provisions of Code of Conduct in proposed regulation 7.
8B	Conflict of interests	Replaced by provisions of Code of Conduct in proposed regulation 7.
9	Hours of attendance for part-time officers	Renumbered as regulation 15.
10	Hours of duty for part-time employment for section 87 of the Act	Renumbered as regulation 16.
13	Breaches of the Regulations in relation to attendance for duty and for unauthorised absences	Replaced by provisions of Code of Conduct in proposed regulation 7.
18	Responsibilities of Permanent Heads	Provision obsolete since abolition of the Public Service Board in 1987.
29	Maintenance of order	Replaced by provisions of Code of Conduct in proposed regulation 7.
30	Breaches of Regulations to be reported	Terminology and process in this regulation now obsolete.
35	Information not to be given	Replaced by provisions of Code of Conduct in proposed regulation 7.
36	Outside influence	Replaced by provisions of Code of Conduct in proposed regulation 7.
37	Benefits to officers	Replaced by provisions of the Code of Conduct in proposed regulation 7. A Secretary's powers under subsection 25(2) of the Act would also allow for specification of the conditions under which a benefit may be accepted
38	Acceptance of fees etc.	Replaced by provisions of the Code of Conduct in proposed regulation 7.
39	Undue influence by officers	Replaced by provisions of the Code of Conduct in proposed regulation 7.
41	Accounts and public moneys,	These provisions, dealing with accounts and public moneys, contracts and recovery of fines, are now obsolete, following passage of the Financial Management Act 1997.
42	Contracts,
44	Fines recovered
Div. 2 of Part II	Leave of absence because of illness	Matters relating to leave of absence because of illness will now be covered in a determination made by the Secretary, Department of Workplace Relations and Small Business (DWRSB) under s.82D of the Act.
Div. 3 of Part II	Hours of Duty and Overtime	Matters relating to hours of duty and overtime will now be covered in a determination made by the Secretary, DWRSB under s.82D of the Act.
70A	Application of section 22B of the Act-Commonwealth Teaching Service	Provision now obsolete in its reference to the Commonwealth Teaching Service.
70B	Application of section 22B of the Act-persons employed under section 42 of the Naval Defence Act 1910	Provision now obsolete in its reference to employment under the Naval Defence Act 1910.
72B	Creation and constitution of Joint Council,	Regulations made under sub-section 23(3) of the Act relating to the composition and operation of the Joint Council are now obsolete. The Council met last in November 1993 and is no longer active.
72C	Deputy Chairperson,	.
72CA	Powers of Deputy Chairperson,	.
72D	Meetings,	.
72E	Functions of the Council,	.
72F	Secretary to the Joint Council,	.
72G	Agenda,	.
72H	Inquiries by the Council,	.
72J	Record of Meeting,	.
72K	Procedure,	.
72P	Officers acting as members of Joint Council,	.
72Q	Joint Council: allowances payable to certain members	.
73	Allowances based on salary	Matters relating to allowances based on salary will now be covered in a determination made by the Secretary, DWRSB under s.82D of the Act.
74	Exempt officers or employees	Exemption provision no longer used. Section 8A of the Act remains an available alternative provision.
74B	Application of determinations under Arbitration (Public Service) Act	Obsolete. Refers to a repealed Act.
74C	Operation of State laws in certain cases	Provisions relating to operation of State laws in certain cases no longer in use.
74E	State authorities for the purposes of Division 9A of Part III of the Act	Provisions obsolete. Definition of 'State Public Service' is not now included in s.81A of the Act.
Pt IV	Allowances	Provisions in Part IV relating to allowances are now either obsolete or will be included in a determination made by the Secretary, DWRSB under s.82D of the Act.
138	Sick leave to employees	Provision relating to sick leave entitlement for employees who are returned soldiers will now be included in a determination made by the Secretary, DWRSB under s.82D of the Act.

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Advice to Agencies: APS employment reform - setting the framework (Circular No. 1998/2)

Attachments

A: APS values

B: APS Code of Conduct

C: Public Interest Whistleblowing

What is Whistleblowing?

What is the relevant legislation?

Protections

Investigation

Defamation

Unauthorised Disclosure of Information

What is the Role of Agency Heads?

Minimum Requirements for Procedures

How should Agency Heads treat anonymous disclosures?

What should Agency Heads do to protect whistleblowers from reprisals?

What is the role of the Public Service Commissioner?

State of the Service Report

What is the Role of the Inspector-General of Intelligence and Security?

Can APS Employees still make complaints to the Ombudsman?

G1: Notification and determination under section 33A

Notification of Vacancies, Restrictions on Applying for Appointment and Eligibility to Apply for Vacancies Advertised in the Gazette.

Vacancies to be open to all Australians

Qualifications

Advertisements

Restrictions on applying for Appointment

Eligibility to apply for Vacancies notified in the Gazette

G2: Eligibility to apply for vacancies notified for officers only in the Gazette

J1: Advancement provisions for new APS classification structure training offices

Schedule

J2: Training classifications where centralised recruitment arrangements apply

Administrative Service Officer Class 1, Trainee Administrative Service Officer

Selection arrangements and eligibility requirements

General

Recruitment Services Australia-Base Grade Recruitment

Trainee Administrative Service Officers-training office

Public Sector Recruitment Test (PSRT)

Public Sector Recruitment Questionnaire (PSRQ)

Attribute ratings and total standardised score

Currency of PSRT and PSRQ results

Eligibility for referral

The referral process and the order of referral

Vacancies requiring additional skills

Fit and proper person requirement

People with a disability

Administrative Service Officer Class 1-(Aboriginal Services) Trainee Administrative Service Officer (Aboriginal Services)

Eligibility requirements

Selection Arrangements

Recruitment Services Australia - Recruitment of Administrative Service Officer Class 1 (Aboriginal Services) and Trainee Administrative Service Officer (Aboriginal Services)

Trainee Administrative Service Officers - training office

Selection test

Vacancies requiring additional skills

Fit and proper person requirement

People with a disability

Graduate Administrative Assistant

Selection Arrangements and Eligibility Requirements

Recruitment Services Australia - Recruitment of Graduate Administrative Assistants

Fit and proper person requirement

People with a disability

Accelerated advancement provisions

Graduate Administrative Assistant (Aboriginal Services)

Eligibility Requirements

Selection Arrangements

Recruitment Services Australia - Recruitment of Graduate Administrative Assistants (Aboriginal Services)

Fit and proper person requirement

People with a disability

Accelerated Advancement Provisions

APS Level 1, and Trainee APS (Administrative)

Selection Arrangements and Elegibility Requirements

Recruitment Services Australia - Recruitment of APS Level 1 and Trainee APS (Administrative)

Trainee APS (Administrative) - training office

Public Sector Recruitment Test (PSRT)

Public Sector Recruitment Questionnaire (PSRQ)

Attribute Ratings and Total Standardised Score

Currency of PSRT and PSRQ results

Eligibility for referral

The referral process

Vacancies requiring additional skills

Administrative Service Officer Class 1,
Trainee Administrative Service Officer

Administrative Service Officer Class 1-(Aboriginal Services)
Trainee Administrative Service Officer (Aboriginal Services)