Circular 2025/07: Merit list sharing in the APS

Purpose

1. The purpose of this Circular is to advise agencies that there is a change in requirements regarding the sharing of merit lists [1] for similar vacancies as defined in section 9 of the Australian Public Service Commissioner’s Directions 2022 (Directions).
2. Effective 1 February 2026 APS agencies will be required to share merit lists in the circumstances outlined below.

Merit list sharing

3. Agencies undertaking a merit-based selection process may, as an outcome, create a merit list.
4. Agencies can use an existing merit list to fill a vacancy, or a similar vacancy as set out in section 9 of the Directions, provided the written decision to engage or promote a person is made within 18 months of the original vacancy being notified in the Public Service Gazette (PS Gazette) as set out in section 25(1) of the Directions.
5. The requirement to share merit lists seeks to maximise the use of existing merit lists across the APS, provide greater opportunities for candidates on merit lists to be made an offer of employment in the APS, while maintaining the necessary flexibility for agencies to advertise a role where appropriate.

Changes to merit list sharing requirements

6. From 1 February 2026 APS agencies will be required to share merit lists, when requested by another APS agency, in circumstances where:
   • the use of the merit list is in accordance with the broader APS principle of merit as set out in section 10A of the Public Service Act 1999 , including the requirement to ensure the vacancies are similar as defined in section 9 of the Directions
   • it has been more than 6 months since the date the merit list was created as the outcome of a merit-based recruitment process, unless the agency that created the merit list agrees to share the list earlier
   • there are candidates remaining on the merit list, and
   • the request to share a merit list is made within 18 months of the original vacancy being notified in the Public Service Gazette (as set out in section 25(1) of the Directions).
7. Where both agencies are unable to agree that the vacancies are similar in accordance with section 9 of the Directions, the merit list cannot be shared.
8. Agencies are encouraged to consider existing merit lists prior to advertising a vacancy.
9. The requirement seeks to maximise the use of existing merit lists across the APS, provide greater opportunities for candidates on merit lists to be made an offer of employment in the APS, while maintaining the necessary flexibility for agencies to advertise a role when appropriate.

What should agencies do next?

10. Agencies should review their current practices to ensure they are well positioned to respond to requests to access their merit lists.

Further information and support

11. The Commission will develop resources to support agencies to share merit lists, including additional factsheets and updated guidance on the APSC website. Additional guidance will be published as soon as it is available.
12. For further information please visit the APSC’s Creating, using and sharing merit lists webpage.
13. Agencies seeking further information can contact the Employment Policy Team at employmentpolicy@apsc.gov.au.

Footnote

[1] For the purpose of this circular the term merit list is used to refer to the various types of merit lists created by agencies, including ranked merit lists, merit pools and ranked merit pools.