Creating, using and sharing merit lists

Overview

A merit pool, ranked merit pool or ranked merit list (merit list or pool) may be established when an agency undertakes a competitive selection process.

Definitions for a merit pool, ranked merit pool and ranked merit list are set out in section 5 of the Public Service Regulations 2023.

A merit pool is defined as a pool of candidates for a vacancy where each candidate included in the pool has been assessed as being suitable for the vacancy. That is, each candidate in the pool is equally suitable and therefore candidates can be offered roles in any order.

A ranked merit pool is defined as a pool of candidates where each candidate included in the pool has been assessed as suitable for the vacancy and has been assigned to a group of candidates with a similar suitability for the vacancy. For example, highly suitable or suitable. Each group is ranked in order of suitability. Candidates from the highest ranked group must be offered roles first prior to lower ranked groups, e.g. candidates rated highly suitable must be offered roles prior to candidates rated as suitable.

A ranked merit list is defined as a list of candidates for a vacancy where each candidate included in the list has been assessed as suitable for the vacancy and has been ranked in order of suitability. For example, where 10 candidates are found suitable for a vacancy, they are ranked in order of suitability from one to ten. Candidates can only be offered roles in the order they are placed on the merit list.

Creating merit lists or pools, ranked merit pools or ranked merit lists

Where an agency has established a merit pool, ranked merit pool or ranked merit list (merit list or pool) it can be used to fill the same vacancy or similar vacancies within a period of 18 months from the date the initial vacancy was notified (advertised) in the Public Service Gazette (PS Gazette), as provided by section 25(1) of the Australian Public Service Commissioner’s Directions 2022 (the Directions).

Agencies can decide whether or not to create a merit list or pool from a selection process. The availability of merit lists and pools provides flexibility for the recruiting agency and other Australian Public Service (APS) agencies to select candidates from them to fill future vacancies quickly, and reduce the need to undertake multiple recruitment processes. Candidates also benefit as they have an increased opportunity to be offered employment in the APS, within the 18 month term of the merit list or pool, without having to undergo another recruitment process.

When considering whether to create a merit list or a merit pool, agencies may consider factors such as the number of current and future roles to be filled, or whether the skills sought are in high or frequent demand within the agency and across the APS. For example, creating a merit pool may be beneficial when undertaking a bulk recruitment process due to the large number of candidates and the possible range of roles.

Primary and Secondary Considerations

The assessment of candidates’ relative suitability to perform the relevant duties for a vacancy must be the primary consideration in making an employment decision in accordance with section 10A of the Public Service Act 1999 (PS Act). If candidates are otherwise equal on merit, secondary considerations are taken into account. Further information on primary and secondary considerations is on the APS Merit Principle page.

Sharing a merit pool, ranked merit pool or ranked merit list

Agencies can use an existing merit pool, ranked merit pool or ranked merit list (merit list or pool) to fill a similar vacancy, provided the written decision to engage or promote a person is made within 18 months of the original vacancy being notified in the PS Gazette (as set out in section 25(1) of the Directions.

Agencies may use a merit list or pool created by an APS agency, or a Department of the Parliament (established under the Parliamentary Service Act 1999), or an intelligence agency to fill a similar vacancy as set out in section 9 of the Directions.

When filling roles using a merit list or pool, agencies must ensure that the vacancies are similar vacancies within the meaning of section 9 of the Directions, and that their use of merit lists or pools is in accordance with the broader APS principle of merit as set out in section 10A of the Public Service Act 1999. This includes whether all eligible members of the community were given a reasonable opportunity to apply.

Therefore, even where a role meets the requirements of similar vacancy, agencies must consider whether applicants had a reasonable opportunity to apply. For example, advertising a Graduate position at the APS 3 level is likely to attract different candidates than an APS 3 admin role, including because the role is limited to recent graduates and includes very specific training and development opportunities. Using a merit list or pool created from a graduate round to fill an admin APS 3 role is unlikely to be consistent with merit, as all eligible members of the community would not have had a reasonable opportunity to apply.

The sharing of a merit list or pool for similar vacancies with another agency supports the efficient use of resources and managing talent and is strongly encouraged. Sharing is at the discretion of the agency that created the merit list or pool.

For merit lists or pools created from a Senior Executive Service (SES) selection process, the Circular 2018/5: SES Recruitment sets out the expectation of agencies to share SES merit lists or pools.

When sharing a merit list or pool, agencies are encouraged to provide the selection report and any other relevant information used to determine a candidate’s suitability for a vacancy, such as the candidate’s resume and reference checks. This will assist the requesting agency in making an informed selection decision. Agencies must provide all ranked or pooled candidates (yet to accept a role) when sharing a merit list or pool with another agency, where candidates have agreed for their details to be shared.

The agency receiving the shared merit list or pool cannot change the approved selection outcome, including the ratings or rankings (where applicable) that have been assigned to candidates.

Merit lists or pools cannot be shared between agencies to fill similar vacancies if the Merit Protection Commissioner (MPC) is conducting a promotion review of the selection process (this does not apply where the MPC is conducting an own motion review). If an agency has shared a merit list or pool that becomes subject to a promotion review the agency will need to advise the other agency. Agencies should be aware that a review can occur regardless of whether a merit list has been shared or not.

Further information on the process for conducting a promotion review is available on the MPC’s website MPC- external site.

Similar vacancy

Section 9 of the Directions defines a vacancy as similar to a notified vacancy if all of the following apply, it is:

• for the same category of employment (ongoing or non ongoing)
• for similar duties
• at the same classification, or a corresponding Parliamentary Service or intelligence agency classification

and any one of the following apply:

• it is an SES vacancy
• it is a vacancy in a centrally coordinated entry level program
• the Agency Head of the agency in which the notified vacancy existed and another Agency Head agree, in writing, that the vacancy is a similar vacancy to the notified vacancy. This includes an Agency Head deciding that 2 vacancies within their own agency are similar
• the Secretary of a Department (within the meaning of the Parliamentary Service Act 1999) in which the notified vacancy existed and an Agency Head agree, in writing, that the vacancy is a similar vacancy to the notified vacancy
• the Director General of the relevant intelligence agency in which the notified vacancy existed and an Agency Head agree, in writing, that the vacancy is a similar vacancy.

From 1 November 2024, similar location is removed from the definition of similar vacancy. This change provides agencies with additional flexibility and provides candidates with greater transparency on where the vacancy is located and how any merit list or pool will be used to fill future vacancies.

When advertising a vacancy, agencies must consider:

• where the available vacancy is located
• whether remote working options may be considered
• whether hybrid working arrangements may be considered, and
• what locations of positions may be filled using the merit list or pool

Example 1
An agency advertises a role as being available in Sydney and have not included in the advertisement that remote work arrangements may be considered. They have included in the advertisement that the merit list will only be available for vacancies located in Sydney. In this case the immediate vacancy and use of the merit list or pool for future vacancies is limited to Sydney.

Example 2
An agency advertises a role with the immediate vacancy in Sydney, the vacancy advertisement includes that remote work may be considered and the merit list or pool will be made available for future vacancies anywhere in Australia. In this scenario, the agency is able to fill the immediate vacancy with a candidate located in Sydney or a candidate working remotely and for future vacancies the merit list or pool can be used for roles anywhere in Australia.

The removal of similar location from the definition of similar vacancy applies to positions notified in the Gazette from 1 November 2024.

Privacy implications for sharing merit pools, ranked merit pools and ranked merit lists with other agencies

Prior to sharing a merit pool, ranked merit pool or ranked merit list (merit list or pool) the agency must ensure it has obtained the candidate’s permission to share their details with other agencies. Agencies may obtain this permission during the selection process or when asked to share a merit list or pool.
Where a candidate has advised that they do not want their details shared with another agency, the candidate’s details must be removed before sharing a merit list or pool.

It is recommended that agencies advise SES candidates that if they are placed on a merit list or pool, their details will be provided to the Australian Public Service Commission and the agency may share their details with other agencies, if access to the merit list or pool is requested.

Agencies should ensure their privacy policy addresses the handling of, and access to, personal information of candidates. Visit the Office of the Australian Information Commissioner’s Australian Privacy Principles guidelines for more information.

Entry-level recruitment

Agencies creating a merit list or pool formed from a centrally-coordinated entry level recruitment process, are encouraged to share merit lists or pools with other APS agencies if there are candidates remaining following offers made by participating agencies. Centrally-coordinated refers to a recruitment exercise undertaken by an agency to fill vacancies and similar vacancies on behalf of participating agencies; for example, the Australian Government Graduate Program and the Indigenous Graduate Program.

Agencies must be mindful when classifying entry-level positions that there are 2 classification options available in the Public Service Classification Rules 2000 (the Rules). Agencies may classify these positions as either a training classification (Schedule 2) or an operational classification (Schedule 1). The distinction is important when agencies are using a merit list or pool to fill an entry-level vacancy, as the agency must ensure that the vacancy is the same classification in accordance with section 9 of the Directions. For example, if a merit list or pool was created using the Graduate APS training classification (Schedule 2 of the Rules), an agency cannot use this merit list or pool to fill its entry-level vacancy if it is classified as an APS Level 3 classification (Schedule 1 of the Rules).

Candidates remaining on a merit pool, ranked merit pool or ranked merit list

A candidate who declines an offer of employment remains on the merit pool, ranked merit pool or ranked merit list (merit list or pool) for future consideration of similar vacancies, unless they ask to be removed from the merit list or pool.

If a candidate accepts a non-ongoing opportunity, they remain on the merit list or pool for an ongoing vacancy, where the original vacancy was notified as ongoing.

Merit pools, ranked merit pool or ranked merit lists from affirmative measures processes

Agencies can use merit pools, ranked merit pools or ranked merit lists (merit list or pool) created from an affirmative measure (Aboriginal and Torres Strait Islander or disability) recruitment process to fill similar vacancies. The use of such merit lists or pools are not restricted to filling affirmative measure vacancies.

Agencies are encouraged to undertake one recruitment process when advertising a vacancy using an affirmative measure. When planning to undertake an affirmative measure recruitment process, including deciding whether to undertake a concurrent recruitment process that is open to all candidates, visit the Aboriginal and Torres Strait Islander Recruitment Guide webpage and the Disability webpage for more information.

To undertake concurrent recruitment processes for the same vacancy, agencies must publish 2 notifications in the PS Gazette: one notification open to all candidates, and an affirmative measure notification open only to Aboriginal and/or Torres Strait Islander people or people with disability, in accordance with section 31 or 33 of the Directions.

If the agency decides to create a merit list or pool from concurrent recruitment processes, it will result in the creation of 2 separate merit lists or pools. Agencies should make every possible effort to fill a vacancy allocated for an affirmative measure using the merit pool or list created from the affirmative measure process.

Further Iformation

HR practitioners seeking more information on creating and sharing merit lists or pools can contact the Employment Policy team for advice via employmentpolicy@apsc.gov.au or call the enquiry line on 02 6202 3857.