On 1 April 2025, significant amendments made to the Public Service Regulations 2023 (the Regulations) and the Australian Public Service Commissioner’s Directions 2022 (the Directions) commenced.
The changes to the Regulations include:
- amending the promotion review mechanisms undertaken by the Merit Protection Commissioner (MPC) to consider whether the entire process was merit-based, rather than only considering decisions to engage or promote individual candidates
- creating ‘own motion’ powers for the MPC to enable audit and investigation of agencies’ hiring practices
- including definitions of the terms ‘merit pool’, ‘ranked merit list’ and ‘ranked merit pool’ as a consequence of the amendments made to the promotion review mechanism, and
- reducing the timeframe for submitting an application for a primary review of action from 120 days to 60 days.
The previous promotion review mechanism was established at a time where ranked merit lists were common practice, before the use of merit pools and running large bulk recruitment processes with the option of filling multiple current and future similar vacancies for up to 18 months. The previous process for promotion review was limited to considering whether the promoted candidate was more meritorious than the review applicant. It did not consider the merits of any other candidates for the role, whether the process was flawed or the quality of the recruitment process.
The amendments are aimed at strengthening the understanding of merit and how it is applied in recruitment. The Merit Protection Commissioner now has the tools to look at the process from the planning stage to the delegate’s final decision to consider whether the process was merit-based. Merit is one of the fundamental principles underpinning the public service, ensuring a fair and open system of recruitment and making sure the process results in employment decisions that are genuinely based on a candidate’s ability, talent, skills, experience and competence. The changes will improve recruitment outcomes, build capability in recruitment teams and provide greater transparency and confidence in public service recruitment.
The amendments to the Directions include:
- changes to the provisions regarding the ‘date of effect’ of a promotion
- inclusion of ‘date of effect’ provisions for some engagement decisions, and
- inclusion of additional definitions.
The changes to the Directions ensure alignment with the changes to the Regulations. Where a promotion review application is submitted for a promotion decision, any other promotion decision from the same selection process that has not yet taken effect is stayed. Therefore, the provisions relating to the date of effect of a promotion in the Directions have been updated to include circumstances where a promotion review application is received for the promotion decision, or a promotion decision is stayed because a promotion review application is received for a different promotion decision from the same selection process.
Agencies should review and update internal policies, procedures, templates and agency delegation instruments to ensure they appropriately reflect any changes in the Regulations and Directions.
You can read Circular 2024/06: Commencement of amendments to the Australian Public Service Regulations 2023 and Guidance on Review of Promotion Decisions in the APS for further information on the changes to the Regulations.
For information on changes to the Directions you can read Circular 2025/04: Consequential Amendments to the Australian Public Service Commissioner’s Directions 2022 and consider the flowcharts on the APSC’s website at Promotions.
If you have any questions on the changes, please contact the APSC’s Employment Policy team at EmploymentPolicy@apsc.gov.au.
If you have any questions on the promotion review process, outcomes or reporting please visit the MPC website www.mpc.gov.au or contact review@mpc.gov.au.