Promotions

Overview

A promotion is the ongoing assignment of duties at a higher classification to an ongoing employee following a competitive, merit-based selection process. The meaning of promotion is defined in section 6 of the Australian Public Service Commissioner’s Directions 2022 (the Directions). An employee can be promoted within their current agency or to another Australian Public Service (APS) agency.

All promotion decisions must be based on merit. This requirement is set out in the APS Employment Principles in section 10A(1)(c) of the Public Service Act 1999 (PS Act). Section 10A(2) sets out the five requirements that must be met in order for employment decisions to be considered merit-based. The application of merit to APS engagement and promotion decisions is further explained in Part 4 of the Directions.

Further information on the merit principle can be found on the Guide on merit in the APS web page.

Promotion review

Promotion decisions for APS Level 2 to APS Level 6 classifications may be reviewable by the Merit Protection Commissioner (MPC). An eligible employee may apply to the MPC for a promotion review if they believe a decision to promote another APS employee, or to engage an ongoing Parliamentary Service employee at a higher classification, was not based on merit.

An employee is eligible to apply for a promotion review only if:

• they are an ongoing APS employee or Parliamentary Service employee
• they applied for promotion to an ongoing APS role at a higher classification between the APS Level 2 and 6 classifications but were found unsuccessful, and
• they applied for a review within 14 days from the date the promotion outcome notice was notified in the Public Service Gazette.

Additionally, the recruitment process must not have previously been subject to a review.

An employee who has applied for a promotion to Executive Level 1-2 or the Senior Executive Service (SES) cannot apply for a promotion review.

Further information on promotion reviews, including application requirements and review processes, is available in the Guidance on Promotion Review and on the MPC website.

Giving effect to a promotion

All promotions must be notified in the Public Service Gazette (PS Gazette) in accordance with section 40 of the Directions before the promotion can take effect. This includes the promotion of ongoing APS employees and the engagement of Parliamentary Service employees at a higher classification. Employees moving from an intelligence agency to an APS agency at a higher classification must also be notified in the Gazette. For further information see Movement to the APS from a Commonwealth agency.

Sections 42 and 42AA of the Directions outline when a promotion takes effect.

Date of effect for Executive Level and SES Promotions

Decisions to promote an employee at the Executive Level 1-2 and SES classification level are not subject to promotion review. These decisions must be notified in the PS Gazette. The date of effect is 28 days after the day the decision is notified or earlier by agreement between the parties, however the promotion cannot take effect on a date prior to the decision being notified in the PS Gazette.

Date of effect for APS Level 2-6 Promotions

Decisions to promote an employee at the APS 2-6 classification level must also be notified in the PS Gazette.

The date of effect for the promotion will be determined based on the relevant circumstances including whether:

• an application for promotion review is received by the MPC
• the MPC determines that all applications received are ineligible for a promotion review
• all applications for promotion review are withdrawn
• the MPC determined that the outcome of the promotion review is that the selection process was merit-based or
• the MPC determined that the outcome of the promotion review is that the selection process was not merit-based.

An application for promotion review must be made to the MPC within 14 days after the decision is notified in the PS Gazette (or an alternative period agreed by the MPC).

If no eligible applications for promotion review are made - the date of effect is 14 days after the review application period ends. This the equivalent of 28 days from the date of notification in the PS Gazette.

If an eligible review application is made - the date of effect is 14 days after the Agency Head is advised by the MPC of the outcome of the review or withdrawal of the application.

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.

Where the MPC determined that the selection process was not merit-based and the Agency Head accepts the MPC’s recommendation, the promotion decision may not take effect.

Agreeing to a promotion date

The parties can agree to a date of effect, but cannot be earlier than:

For further information please refer to the Flowcharts below.

In determining the date of effect, agencies should allow sufficient time for the MPC to notify them they have received a promotion review application. For example, it is recommended that the effect date of a promotion is no earlier than 7 days following the end of the review period (that is 21 days total after notification in the PS Gazette). Agencies may wish to include qualifying parameters in letter of offer so that candidates are aware that there could be circumstances where the promotion may be delayed or not proceed.

Promotion date of effect flowcharts

The following flowcharts explain the different date of effect outcomes in each circumstance.

Use Flowchart 1 where a delegate makes an employment decision to promote an APS employee or engage a Parliamentary Service employee to a higher classification. This is the starting point for that decision and you will be directed to Flowchart 2 where relevant.

Use Flowchart 2 only where you are directed from Flowchart 1. This applies where the MPC receives an eligible promotion review request.

Use Flowchart 3 where a delegate makes an employment decision to engage a person as an APS employee. This Flowchart is intended to be read on its own and is not connected to Flowcharts 1 and 2.

The following table sets out the promotion date of effect for non-reviewable and reviewable decisions, along with the action required under the PS Act to give the various types of promotions effect. The table provides a summary of the above information. For further detail, refer to the applicable flowchart.

Further information is on the Movement to the APS from a Commonwealth agency and Public Service Gazette requirements webpage.

Promotion date of effect and the APS Code of Conduct

Where an ongoing APS employee who is promoted to another agency is suspected of having breached the APS Code of Conduct and formally advised of the suspected breach, the promotion does not take effect until the matter is resolved, unless the current and new Agency Heads agree otherwise. This is set out in section 42A of the Directions. Further information on the applicable provisions is on the Handling Misconduct webpage.

Cancelling promotion decisions

Whether a promotion decision should be cancelled, withdrawn or varied by the decision-maker before it takes effect should be considered in each circumstance, taking into account the relevant facts and applying the principles of procedural fairness. Once a promotion has taken effect, it cannot be cancelled.

Cancellation should only occur in limited circumstances, for example where:

• the role is no longer available (for example due to organisational change or machinery of government changes)
• a significant flaw is identified in the selection process or
• new information comes to light that undermines the basis for the decision.

Any decision to cancel, withdraw or vary a promotion decision should be documented and affected employees advised promptly. The way in which procedural fairness has been provided and considered should form part of this documentation.

Further information is on the Cancellation of Employment Decisions page.

Movements to higher classifications that are not a promotion

Not all movements to a higher classification are promotions. Movements that are not promotions include:

• Higher duties: the temporary assignment of duties at a higher classification than the employee's substantive classification in accordance with section 25 of the PS Act
• Broadbanding: the allocation of duties at a higher classification within the same broadband in the same agency, where such allocation is not the result of a merit-based selection process, in accordance with section 6 of the Directions and rule 9(4) of the Public Service Classification Rules 2000 (the Classification Rules)
• Trainees: the allocation of a corresponding operational classification to a trainee, in accordance with rule 11 and Schedule 2 of the Classification Rules. 
• Return from a temporary voluntary reduction: the ongoing assignment of duties at the employee’s substantive classification, following a temporary voluntary movement to a lower classification.

Further information on the assignment of duties is on the Assignment of duties within an APS Agency webpage.

Further information

HR practitioners seeking more information on promotions can contact the Employment Policy team at employmentpolicy@apsc.gov.au or call the advice line on (02) 6202 3857.

For further information on promotion review processes, contact the Merit Protection Commissioner at review@mpc.gov.au.