Recruitment: Legislation
Last updated: August 2018
This page sets out the basic legislative requirements for recruitment in the Australian Public Service (APS) under the Public Service Act 1999. It is part of the Management essentials series.
For more information on recruitment in the APS, see also:
- Recruitment: Unplugged providing a concise summary of key points in recruitment.
- Recruitment: Guidelines providing detailed information for managers and HR practitioners.
Topic | Legislation |
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Key
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1. Power to employ |
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An agency head, on behalf of the Commonwealth, may engage persons as employees for the purposes of the agency. | PS Act s22(1) |
2. Term of employment |
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The engagement of an APS employee must be:
*See Non-ongoing (temporary) employment: Legislation for more detail. |
PS Act s22(2) |
3. Merit |
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APS workplaces must be free from discrimination, patronage and favouritism. All engagement and promotion decisions must be based on merit. Merit is defined in the PS Act. There are two key components—reasonable opportunity to apply and assessment of applicants. a. Opportunity to applyOngoing vacancies and vacancies for more than 18 months The following vacancies must be advertised in the Public Service Gazette (the Gazette) which is part of the APSjobs website:
The closing date for applications must be at least 7 days from the date the vacancy was advertised, unless there are special circumstances and the agency head has approved a shorter period. The decision to fill a vacancy—or a similar vacancy as defined—must be made within 12 months of the date on which it was advertised in the Gazette. Vacancies for 18 months or less or irregular/intermittent duties A non-ongoing vacancy that is for 18 months or less, or for duties that are irregular or intermittent, does not need to be advertised in the Gazette. However, to comply with the provisions of merit, as far as practicable eligible members of the community must be given a reasonable opportunity to apply. b. Assessment of applicantsOngoing vacancies and vacancies for more than 18 months A decision to engage or promote must be based on an assessment of:
The assessment must:
A competitive selection process also requires that:
Vacancies for 18 months or less or irregular/intermittent duties As a minimum requirement, an agency head must be satisfied that the person has the work-related qualities required to perform the duties. Senior Executive Service (SES) In addition to the above requirements, when engaging or promoting an SES employee, the Australian Public Service Commissioner—or his or her representative—must be a full participant in the selection process and must certify that the process has complied with the PS Act and Directions. |
PS Act s10A(1)(f) PS Act s10A(1)(c) PS Act s10A(2) Directions s20 Directions s20(1)(c) Directions s20(1)(a) Directions s22(3) PS Act s10A(2)(b) PS Act s10A(2)(c) Directions s10 PS Act s10A(2)(d) PS Act s10A(2)(e) Directions s19 Directions s22(4) Directions s21 |
4. Review rights |
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Where a current ongoing APS employee, at APS 1 to APS 5 level or equivalent, is unsuccessful in applying for a promotion—and the successful applicant is promoted—then the unsuccessful applicant may be entitled in certain circumstances to have the promotion decision reviewed by the Merit Protection Commissioner. |
Regulation 5.7 |
5. Other employment matters |
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Other matters to consider when recruiting an APS employee include:
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PS Act s22(6) PS Act s22(8) Classification Rules, Rule 6 PS Act s25 Directions s48 |