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Merit in the APS

From 1 April 2025, the Merit Protection Commissioner has greater visibility of promotion and engagement processes. For eligible recruitment exercises, the MPC can consider the application of merit to the entire selection process, rather than only comparing the merits of the successful candidate and the applicant for review.

The functions of the MPC are set out in the Public Service Act 1999, and the core function is to conduct independent reviews of workplace decisions and actions.

The changes to the Public Service Regulations 2023 give the MPC ‘own motion’ powers to review agency hiring practices. The own motion review power means the MPC can decide to conduct a review into a selection exercise without the need for a complaint or an application for review.

The MPC is a steward of the APS Values, Code of Conduct and Employment Principles. By ensuring employment decisions are based on merit, and by confirming or overturning workplace decisions, the MPC contributes to APS integrity, efficiency and effectiveness.

 

A graphic outlining the type of reviews undertaken by the Merit Protection Commissioner. The MPC may conduct a review of misconduct findings or promotion decisions. It is the role of the agency to undertake the primary review for other workplace decisions, and a secondary review can be conducted by the MPC.

Reviews by the Merit Protection Commissioner.
Image: Office of the Merit Protection Commissioner

Data collected by the MPC suggests that agencies generally understand and consistently apply merit in promotion and engagement decisions. In 2024ꟷ25, 11 of 355 (3%) of promotion decisions referred to the MPC were overturned, and 24 of 61 (39%) of Code of Conduct matters were set aside or varied.

The MPC offers services to support agencies to apply merit, including Independent Selection Advisory Committees to run recruitment processes for APS 1 ꟷ APS 6 (or equivalent) vacancies. Convenors, independent selection committee members and scribes are available, to support timely and high-quality recruitment decisions, or to effectively manage workplace disputes and allegations of misconduct.

Agencies play a role in ensuring that their decision-makers understand and apply relevant legislation, and that their employees have information about workplace review rights and can access their rights when appropriate.

Find out more

Merit Protection Commissioner (n.d.) Merit Protection Commissioner, MPC website, accessed 21 July 2025.

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The APSC acknowledges the Traditional Custodians of Country throughout Australia and recognises the continuing connection to lands, waters and communities. We pay our respect to Aboriginal and Torres Strait Islander cultures and to Elders both past and present.