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Merit Protection Commissioner's
Independent Selection Advisory Committees (ISACs) – Policy and Procedural Guidance

Contents

Download MS WordISAC guidelines.   Download pdfISAC guidelines.

 

Foreword

Message from the Merit Protection Commissioner

My role as Merit Protection Commissioner is to provide assurance that the APS Values are being applied effectively by agencies, their agency heads and staff in

One way I promote merit-based employment decisions and uphold ethical standards is to provide independent selection advisory committees or ISACs. ISACs provide independent and impartial,streamlined, cost-effective and timely merit-based selection exercises.

Through this message I want to convey to employees in the Commission and other APS employees involved in the provision of ISACs, the importance of your roles and the responsibilities placed upon you.

The roles you undertake on my behalf in either administering or conducting ISACs are an important part of the integrity framework in the APS. Your actions directly affect the careers and expectations of APS employees and employee confidence in merit-based selection and the role of the Merit Protection Commissioner itself.

I know you will not take your responsibilities lightly and that you will model the APS Values and adhere to sound administrative decision-making .Should you have any suggestions for ongoing improvements to this Guide or need to seek clarification or an interpretation of the advice please contact the Area Manager in the Australian Public Service Commission's Sydney Office on 02 8239 5330.

Thank you for your involvement.

signed

Annwyn Godwin
Merit Protection Commissioner
August 2011

Introduction

The Merit Protection Commissioner is committed to working with agencies/authorities to ensure that Independent Selection Advisory Committees (ISACs) are recognised as an appropriate and equitable mechanism for selecting staff. ISACs are particularly useful where similar employment opportunities occur regularly and frequently, where there are a large number of employment opportunities or where there are sensitivities—requiring an assessment that is both genuinely and perceived to be independent.

As the promotions resulting from an ISAC process are excluded from promotion review, agencies and their employees need to have complete confidence in the process and the ISAC recommendations.

ISACs are an efficient, professional and equitable alternative to traditional internal recruitment practices.

1.  Purpose

The purpose of this Guide is to:

While not a primary purpose, this Guide may also assist agencies to understand the ISAC process.

Legislative Framework

2.  Functions of the Merit Protection Commissioner

Under Public Service Regulation 4.2, the MPC may establish an ISAC at the request of an agency head and may charge the agency head a fee for carrying out such a function.

Public Service Regulation 4.6 requires that the MPC take all reasonable steps to ensure that staff and other resources are available to assist an ISAC to carry out its functions efficiently and effectively.

3.  MPC ISAC Instructions

The MPC has issued instructions under Public Service Regulation 4.5 about the procedures to be followed by an ISAC in performing its functions. A copy of the Merit Protection Commissioner’s (ISAC Procedures) Instructions 2010 (MPC ISAC Instructions) is at Attachment 1.

4.  Legislative Basis

The legislative basis for ISACs is contained in the Public Service Act 1999 (the Act), the Public Service Regulations (the Regulations) and the Public Service Commissioner’s Directions (the Directions).

These guidelines are written having regard primarily to the Act provisions. Non-Public Service Act bodies who request recruitment and selection services from the MPC may have conditions/provisions different from those applying under the Act. Those differences will need to be identified before resources are provided. Services provided to non-Public Service Act bodies by the Merit Protection Commissioner will normally be provided on a fee for service basis under the provisions of Public Service Regulation 7.4.

The following provisions of the Act, the Regulations and the Directions relate to the ISAC function.

The Act

APS Values

Sub-section 10(2)

The provisions that must be met for a promotion or engagement to be based on merit

Merit Protection Commissioner’s functions

Sub-section 49(1)

There is to be a Merit Protection Commissioner
 

Sub-section 50(1)

The Merit Protection Commissioner’s functions

Prohibitions

Sub-section 17(1)

The exercise of powers under the Act must be without patronage or favouritism.

The Regulations

Part 4—INDEPENDENT SELECTION ADVISORY COMMITTEES
Reg 4.1 Function of ISAC
  4.2 Establishment of ISAC
  4.3 Constitution of ISAC
  4.4 ISAC Procedures—minimum requirements
  4.5 ISAC Procedures—Merit Protection Commissioner’s ISAC Instructions
  4.6 Assistance to ISAC
  4.7 Assessment and Recommendation by ISAC
  4.8 Non-agreement on decision by ISAC
  4.9 ISAC recommendation not binding
  4.10 Effect of acting on ISAC recommendation
  4.11 Effect of promoting another candidate
  4.12 Offence
Part 7—NON-DISCLOSURE AND IMMUNITY FROM SUIT
Reg 7.6 Merit Protection Commissioner—Non-disclosure of information by Merit Protection Commissioner
  7.7 Merit Protection Commissioner—Immunity from suit

The Directions

Chapter 3  Diversity in Employment
Chapter 4 Merit in Employment

Terminology

5.  Terms and meanings

The following are some terms used in this guide and their meanings.
Term Meaning

The Act

The Public Service Act 1999.

Candidates

This is the term for persons applying for engagement, promotion, or assignment of duties on the recommendation of an ISAC.

Employment opportunity

This refers to the job vacancy or vacancies to be filled on the recommendation of an ISAC.

Merit

One of the APS Values requires that employment decisions are based on merit. Section 10(2) of the Act requires that for a engagement or promotion decision to be based on merit the assessment must:

  • be made of the relative suitability of the candidates using a competitive process
  • be based on the relationship between the work-related qualities of the candidates and those required for the duties
  • focus on the relative capacity of candidates to achieve outcomes and be the primary consideration in making the decision.

MPC ISAC Instructions

The Instructions issued by the Merit Protection Commissioner under Public Service Regulation 7.4 about the procedures to be followed by an ISAC in performing its functions.

Procedural fairness

Procedural fairness in this context requires a person to be told as fully as possible of any information under consideration by the ISAC and be given an opportunity to state their case and comment on any adverse information before a decision is made (hearing rule).

Roles and responsibilities

The following describes the roles, responsibilities and functions of the key players in the ISAC process.

6.  Delegations

The Merit Protection Commissioner’s powers and functions under Part 4 of the Public Service Regulations have been delegated in full to:

The following table details the powers and functions in the Regulations that have been delegated to the Regional Director NSW:1

Provision Comments

Regulation 4.2(1)

The power of the MPC to establish an ISAC at the request of an agency head

See: 14. Basic steps

Regulation 4.2(2)

The power of the MPC to charge a fee for carrying out an ISAC

See: 12. Fees

Regulation 4.3(1)(a) and (c)

The power to appoint a convenor and nominate a third member to the ISAC.

Note: The delegate needs to be satisfied that the MPC nominee has the skills and personal qualifies to undertake the role independently and impartially.

Regulation 4.4(2)

The power to determine whether a person appearing before an ISAC may have representation

See 22. Representation before an ISAC

Regulation 4.6

The responsibility to take all reasonable steps to ensure that staff and other resources are available to assist the ISAC with its functions

See 8. APSC Administrative staff

7.  Independent Selection Advisory Committee

An Independent Selection Advisory Committee (ISAC) comprises:

The role of the ISAC is to make recommendations to an agency head about the relative suitability of candidates at the APS1–6 classifications for engagement, promotion or assignment of duties within the agency. In practice there have been few, if any, ISACs conducted at the APS1 classification.

The ISAC is convened by the Merit Protection Commissioner and is performing a statutory function on behalf of the Merit Protection Commissioner.

Because of their statutory role, ISAC members are required to sign declarations which indicate their understanding of their obligations with respect to impartiality and non-disclosure of information about the parties. For more information see: 17. Independence of the ISAC and 18. Non-disclosure provisions.

The ISAC is required to follow the minimum procedural requirements prescribed by Public Service Regulation 4.4 and additional obligations imposed by the Merit Protection Commissioner’s ISAC Instructions including, for example:

Unlike an agency selection process, the agency delegate cannot be a member of the ISAC. The ISAC cannot make the selection decision as Regulation 4.7 requires an ISAC to make a recommendation to the agency head.

General information on the ISAC process is available at the APSC website at the following address www.apsc.gov.au/merit/isac.htm.

8.  APSC administrative staff

Administrative staff in the APSC support the Merit Protection Commissioner and the ISAC in performing their statutory function. The functions of the administrative staff are to:

The Regional Director NSW, in consultation with convenors, should ensure that there is adequate monitoring, reporting and evaluation of ISAC activities. This may include the use of formal reports.

9.  Agency responsibilities

The agency (e.g. its recruitment staff) and delegate have the following responsibilities:

10.  Dedicated administrative assistance

Convenors should make clear the basis on which any administrative assistance is to be available to the ISAC, and be particularly careful to avoid giving the appearance that the person(s) providing administrative assistance to the ISAC is a de facto member of the Committee.

11.  Relationship with delegate

The ISAC needs to develop a good working relationship with the delegate as the ISAC reports to the delegate at the following key stages in the process:

The delegate may also refer concerns about individual candidates and business issues such as the availability of additional jobs to the ISAC for consideration.

12.  Fees

The Merit Protection Commissioner seeks to recover costs for running an ISAC. The fees for conducting an ISAC are set out in the MOU between the APSC and the agency. The usual practice is to charge an hourly fee for the provision of the convenor and the MPC nominee (if the latter is from a separate agency) and to recover administrative costs such as travel. The fee charged is the EL1 hourly rate from the schedule of fees issued by the Corporate Group which are updated from time to time. A copy of the current schedule of fees is at Attachment 3.

The convenor and the MPC nominee, if provided by the APSC, should keep a record of the hours they work. All hours are recorded in TiMS (Timesheet Management System) and timesheets are submitted fortnightly for payment. A copy of the TiMS user manual is at Attachment 4.

13.  Requests for ISACs

ISACs can only be established at the request of an agency head or their delegate. The Regional Director NSW should ensure that all staff are aware of how ISAC requests are to be handled, who should handle them, and what records are to be kept. The Regional Director NSW has asked that requests be sent to the Business Manager Employment Services who is responsible for overall management of ISACs and reports to the Regional Director NSW.

In the MPC ISAC Instructions the Merit Protection Commissioner has stated the expectation that if an agency head is seeking to use an ISAC then the notification of the employment opportunity should be placed in the APS Employment Gazette after the ISAC has been established. This is to give the ISAC time to satisfy itself that the selection process, including any proposed selection documentation and advertising, properly reflects the work-related qualities genuinely required for the duties and also allows prospective candidates to know that agency will be using an ISAC.

If, contrary to the expected approach, an agency head asks for an ISAC to be formed after the employment opportunities have been advertised, the Regional Director NSW must consult with the agency to determine a basis on which the ISAC might proceed. The ISAC must satisfy itself that that the selection process and methodology proposed by the agency head are appropriate. If the ISAC is not satisfied the employment opportunities may need to be readvertised. For more information see 28. Selection documentation.

When a request is first received from an agency to establish an ISAC, a framework for performing this function should be established. At Attachment 2 is a copy of an MOU which supports such a framework. MOUs may be signed to run for a period and may cover any number of ISACs established within the period agreed. In practice there is usually an MOU for each ISAC reflecting the varying nature of the employment opportunities and the proposed ISAC process.

ISAC administrative process

14.  Basis steps

The following are the basic administrative steps when an agency first approaches the Office of the Merit Protection Commission to establish an ISAC. The steps are not necessarily linear in nature and some may be underway at the same time. The Regional Director NSW is assisted by a Business Manager and a Manager Employment Services (ES Manager).

The request

Administration
Training of nominees
Convening the ISAC
Notification

15.  Information to be sought from an agency

To assist in the establishment of an ISAC, as part of the request the agency should provide information on the nature of the task. Information that will need to be identified by the agency would include:

Convening an ISAC

16.  Nominating members

The NSW Regional Office of the Australian Public Service Commission maintains a pool of people approved by the Merit Protection Commissioner for participation in ISACs and who are placed on annual non-ongoing contracts of employment. Persons seeking to be placed on the register are required to complete an application form and be approved by the Regional Director NSW acting as delegate for the MPC. Appropriate training is provided to these people who are also referred to as Regional Advisers. A copy of the application form is at Attachment 9.

The authority to nominate a convenor for an ISAC is delegated to the Regional Director NSW and the Group Manager Client Engagement.2 Under that delegation, convenors are drawn from the above pool. It would generally be expected that the non-ongoing employee nominated would not have worked in the area of the agency in which the employment opportunities exist nor have any ties to that agency which might raise concerns about their independence or impartiality. There also may be circumstances where a suitably trained ongoing APSC employee may be nominated as a convenor.

The agency head must nominate a person as an ISAC member. While the nomination is a matter for the agency head to determine, the MPC expects agency heads to nominate a person who is familiar with the business of the agency and the job requirements of the employment opportunity but remains able to fulfil their responsibilities as a nominee to the ISAC both independently and impartially. The MPC will not convene an ISAC with an agency nominee who is considered unsuitable.

The MPC is responsible for nominating the third panel member. The MPC, in nominating the APS employee as the MPC nominee of the ISAC, must be satisfied that the APS employee has the skills and personal qualities to undertake his or her role independently and impartially. Authority to nominate an APS employee to act as the MPC nominee of an ISAC is delegated to the Regional Director NSW. Currently the APS employee nominated by the MPC is engaged as a non-ongoing employee but in the past the APS employee has been provided by other agencies at their expense.3

Increasingly, agency heads are requesting that the MPC nominee be an employee from their agency. The Regional Director NSW may agree to the nomination of an APS employee from the employing agency subject to a consideration of the perception of independence and impartiality of the ISAC and the employee undertaking any necessary training on the role and function of a member of an ISAC. In general, the employee should not have worked in that area of the agency in which the employment opportunities exist.

Before an ISAC makes its recommendation to the relevant agency head, circumstances may arise where one of the members ceases to be a member. If a member of an ISAC cannot continue, the ISAC must be reconstituted by the remaining members and another member nominated in accordance with Regulation 4.3(1)—that is, should the agency nominee resign the agency head must nominee a new member or an MPC nominee be replaced by another MPC nominee.

17.  Independence of the ISAC

ISAC members bring their own experience and judgement to the ISAC process. The credibility and independence of an ISAC is critical as there are no merit review rights with regard to the outcome of an ISAC.

Under Public Service Regulation 4.3(6) a person is not subject to direction in carrying out his or her duties as a member of an ISAC except by a Court or in accordance with the Merit Protection Commissioner’s ISAC Instructions under Regulation 4.5. For recruitment and selection processes in non-APS agencies, there may be equivalent provisions in other enactments. The purpose of this provision is to ensure the independence of ISACs.

‘Not subject to direction’ means that nobody can tell the ISAC what recommendations they make about the suitability of candidates. This includes the delegate and senior managers within the agency.
The delegate can:

To reflect the above matters and to facilitate proper and efficient operation of ISACs, the MPC requires all nominees to complete a Declaration of Impartiality (see Attachment 6).

The declaration must be signed before the ISAC convenes or considers matters to reassure applicants of the impartiality of the ISAC nominees. Once received, ISAC nominees must sign the declarations and return them immediately to the Business Manager.

To follow best practice the declaration form must be signed before the Regional Director NSW signs off on the ISAC. If members fail to return the forms by the requested date, the Regional Director NSW could decide to nominate the members but must note on the nomination form that this is subject to the declaration forms being signed. The latest the declaration form can be signed is before the first information is made available—this would usually be the first meeting of the ISAC.

If, after signing the declaration, any member subsequently considers that they are not able to undertake their duties impartially (e.g. they become aware that family members or close friends are included in the list of candidates) they must decline to continue on the ISAC (in accordance with the MPC ISAC Instruction 3). However, the fact that a panel member may have worked with someone or supervised them in the past does not automatically mean that an ISAC member cannot be impartial. If a situation arises where an ISAC member feels that there may be a perception of bias the Regional Director NSW has asked that they raise this with the convenor, or the Business Manager or the ES Manager who will escalate matters to the Regional Director NSW where required.

If the ISAC convenor believes that a member of the ISAC cannot undertake their duties impartially, the convenor must consult with the Regional Director NSW. If the Regional Director NSW is not satisfied of the ISAC member’s impartiality, then the relevant agency head must be consulted and asked to nominate a new member in accordance with Regulation 4.3.

18.  Non-disclosure provisions

Under the MPC ISAC Instructions a member of the ISAC must acknowledge in writing the obligation not to, directly or indirectly, make a record of, or divulge or communicate to any other person except for the purposes of completing the functions of the ISAC, any information that was acquired while he or she was performing the duties as an ISAC member. This obligation applies during the life of the ISAC and after he or she ceases to perform the duties as an ISAC member. A copy of the declaration form is at Attachment 6.

The non-disclosure declaration form must be signed before the panel member is given any information about the particular ISAC. To follow best practice the declaration forms should be signed before the Regional Director NSW establishes the ISAC. In certain cases the Regional Director NSW may decide to allow the form to be signed at the first meeting of the ISAC, prior to any applications being reviewed or decisions made regarding assessment methodology.

19.  Objections to ISAC composition

Parties who are concerned about the composition of the ISAC must put their concerns in writing to either the Regional Director NSW or the convenor of the ISAC.

The Regional Director NSW will inform the convenor of any concerns. An ISAC must record and deal with the receipt of any objection to the composition of the ISAC whether that objection was received prior to the ISAC convening or during the selection process.

The MPC ISAC Instructions require the ISAC to consult with the MPC in deciding on appropriate action to resolve the objection. The ISAC must bring such objections to the attention of the Regional Director NSW through the Business Manager or ES Manager. The Regional Director NSW will facilitate the consultation with the Merit Protection Commissioner.

20.  Reconstituting an ISAC

The Regional Director NSW will need to seek another nominee for an ISAC if:

21.  Protection of ISAC members

Under Public Service Regulation 7.7 a member of an ISAC is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in exercise, or purported exercise, of any power or authority conferred by the Act.

Legal action against individual ISAC members who, as ISAC members, conduct themselves in accordance with the relevant ISAC Instructions is highly unlikely. The more likely occurrence is that a candidate will seek legal review of a delegate’s decision based on an ISAC’s recommendations.

22.  Representation before an ISAC

In accordance with Public Service Regulation 4.4(2), a person appearing before an ISAC must do so without representation unless the Merit Protection Commissioner agrees to representation. Where representation is raised, the person is to be asked to put their request in writing, providing reasons. The request is then referred to the Regional Director NSW who will discuss it with the Merit Protection Commissioner, or if she is unavailable, the Group Manager, Client Engagement.

The ISAC process is designed to assess the relative merits of the parties in relation to a particular job(s). It is important that the ISAC be allowed to form a clear view of the merits of individual applicants as it is the individual who is being assessed and will, if successful be performing the role. In most cases, it is expected that individual parties would present their own case rather than have it presented for them by another person, for example a lawyer, union delegate or family member.

The use of interpreters (e.g. signers for people with hearing impairments) may be permitted or, in the case of Aboriginals and Torres Strait Islanders, for example, an ‘interview friend’ may be allowed to be present. In the latter case, this person does not take any part in the proceedings.

23.  Referee comments by an ISAC member

It is possible for a member of an ISAC to be a referee for a candidate. In this situation the MPC ISAC Instructions specify that the member must write and submit the reference in accordance with agency procedures before the ISAC commences assessing candidates. This means that a candidate who is supervised or managed by an ISAC member is not disadvantaged by being unable to obtain a reference. It also prevents the ISAC member being influenced by knowledge of other candidates’ claims before providing a referee comment maintaining the integrity of the ISAC process.

24.  Delays in ISAC process

The convenor, on behalf of the ISAC, must inform the agency head and the Regional Director NSW, either orally or in writing as appropriate, on any matters that the ISAC believes will unreasonably impede the completion of the ISAC’s functions.

Where an ISAC has already begun its formal assessment of candidates and a circumstance arises whereby the assessment of a candidate cannot proceed as the ISAC intended, the ISAC must not unreasonably delay its proceedings in the interests of an individual candidate.

Conducting an ISAC

25.  ISAC process

While an ISAC is not subject to direction, Regulation 4.4 requires each ISAC to meet the following minimum requirements:

The ISAC must be involved in the design of the assessment methodology and must approve it, ensuring it is competitive, open and fair in respect of internal and external candidates. In designing a selection exercise, the ISAC needs to consider:

26.  Merit-based employment decisions

One of the APS Values set out in the Public Service Act 1999 (the Act) is that employment decisions are based on merit.

The ISAC is required to assess the relative merits of the candidates for the notified employment opportunity(s). Regulation 4.7 requires that the ISAC will do this primarily on the basis of:

Public Service Commissioner’s Direction 4.1 provides examples of work-related qualities that the ISAC may take into account when making its assessment. These include:

27.  Planning the ISAC

When the MPC is requested to nominate a convenor for an ISAC, it is often useful for the Regional Director NSW, or their representative, and/or the convenor to meet with the agency to coordinate and plan the overall process. After the initial planning meeting the agency should prepare accurate job documentation to facilitate an early start to the ISAC process.

An ISAC report must include a numerical ranking of candidates which is often referred to as the order of merit. If it is anticipated that the ISAC will be required to create multiple orders of merit to reflect issues such as different locations, specialised language or other skills, potential candidates must be given the opportunity to identify these as part of their application. If there is to be more than one order of merit it may be appropriate to conduct separate ISACs. Early discussion of these issues with the MPC representative and/or the convenor can assist in identifying the most appropriate approach. For more information see 32. ISAC recommendation.

28.  Selection documentation

In order to ensure the proper working of ISACs, the MPC has requested in the ISAC Instructions that agency heads notify the employment opportunity(s) in the APS Employment Gazette (APSjobs) after the ISAC has been established. This enables the ISAC to satisfy itself that the selection process, including any proposed selection documentation and advertising are appropriate. It also lets potential candidates know that the selection process will be conducted by an ISAC and be provided with access to information on the ISAC process and the effect an ISAC process has on promotion review.

The Merit Protection Commissioner expects that the advertising would include a statement that an ISAC will be used to select candidates. This will enable agencies to meet the requirements of the Commissioner’s Directions on the merit Value (Clause 2.3(1)(a)(ii)) which requires the selection process to be transparent and determined in advance and information about the process to be readily available to candidates.

The MPC ISAC Instructions require that prior to the commencement of any selection process the ISAC must satisfy itself that:

Should the ISAC propose to alter the selection process and methodology proposed by the agency head, it must consult with the agency head. The ISAC must also consult with the agency head if the ISAC decides to take into account considerations other than the assessment of the relative merits of the candidates that have not already been identified by the agency head.

While the MPC expects agency heads to notify the employment opportunity(s) in the APS Employment Gazette after the ISAC has been established, this does not always happen. If the employment opportunities have been notified in the Gazette prior to the establishment of the ISAC, the ISAC must still satisfy itself that above requirements have been met. If after having met and considered the actions and decisions of the agency, the ISAC does not consider that the requirements have been met, the ISAC must consult with the Regional Director NSW to determine whether the ISAC can proceed. If the ISAC does proceed, the agency head should inform all applicants that an ISAC is being used.

Assessment process

As the legislation exempts a promotion decision made in accordance with an ISAC from promotion review, the transparency of the assessment process is particularly important.

29.  Handling of adverse information

The ISAC must also take into account the rules of procedural fairness. In the case of an ISAC this means that should a candidate be given an adverse report, they must be given the opportunity to comment on matters which may affect the outcome. The comment may be provided either orally or in writing.

In addition, if an ISAC receives information that may be prejudicial to an applicant and proposes not to take the information into account in its deliberations, the ISAC is required to advise the applicant of the material received, provide an assurance that it will not be used and provide the applicant with an opportunity to comment.

The ISAC must record that an opportunity to provide either oral or written comments was provided as well as keeping copies of any comments received.

30.  Misconduct

One particular issue that an ISAC will need to consider is how it will handle findings of misconduct against applicants.

The Commission’s publication Handling Misconduct emphasises that having a work history that includes a finding that the employee has breached the Code or being investigated for a suspected breach does not automatically exclude that employee from consideration in a selection process. If an applicant discloses prior misconduct or the ISAC is aware of prior misconduct, a decision on whether the person is suitable for employment should not be made without assessing the work-related qualities of the applicant against the identified work-related qualities (which includes personal qualities) genuinely required for the duties.

Handling Misconduct also advises that when dealing with a previous breach of the Code, the following factors should be considered:

If the misconduct action has not been finalised, the ISAC must take care so as to not prejudge the outcome of any investigation while ensuring the work related qualities of the employee are appropriate for the duties to be performed. If, after the assessment of the candidate’s work-related qualities, the person is a preferred candidate, the options available include awaiting the outcome of the investigation (if feasible) and proceeding with the selection if the proposed breach is considered minor or the possibility of such a potential breach reoccurring is low.

To ensure that the relevance of any misconduct issues can be assessed, the MPC ISAC Instructions require the ISAC to provide the agency head or delegate with an opportunity to identify whether any candidate has a record of misconduct that is material and relevant to the ISAC’s assessment under regulation 4.7 of the candidate’s work-related qualities.

Should the delegate advise the ISAC that a candidate has a record of misconduct once the selection process has started, the options available to the ISAC are to:

In either case, any information obtained or used by the ISAC should be handled as adverse information (see 29. Handling adverse information). The ISAC must also seek the views of the delegate on the relevance of the information to the ISAC’s assessment.

31.  The ISAC selection report

The report is part of a record of decision.

The form of the report is not prescribed but must clearly demonstrate that:

The ISAC selection report must include:

32.  ISAC recommendation

Once the ISAC has concluded its deliberations, it must include its recommendations in a report to be given to the delegate as soon as possible.

In making its recommendation(s) to the delegate, the MPC ISAC Instructions require that the ISAC must give primary consideration to the assessment of the relative merits of the candidates in accordance with section 10(2) of the Act. If any other factors have been considered the ISAC must be satisfied that the requirements the MPC ISAC Instructions have been met. For more information see 28. Selection Documentation.

The recommendations must include a numerical ranking of candidates which is often referred to as the order of merit. Depending on the nature of the employment opportunities and the needs of the agency, an ISAC can establish more than one order of merit from the available candidates. In order to do this, the candidates must have been asked to nominate their preferences in writing in their application. It would be good practice to confirm or update preferences during the interview. For example, the agency’s bulk recruitment process may be seeking to fill vacancies in different states or with different types of skills required such as language proficiency, finance or HR experience. Rating candidates in this way has practical advantages in that an agency is then able to select the best fit candidate from the different orders of merit to suit the particular vacancies as they arise.

The need to rank candidates numerically means the ISAC must separate candidates who rate closely. Rating candidates the same would mean that a decision has not been made about their relative suitability as is required by Regulation 4.7.

The manner in which the ISAC recommendation is expressed is important as promotions made in accordance with the recommendation of an ISAC are not subject to promotion review. For example, at the request of an agency it is possible in some circumstances for an ISAC to make provision in its recommendation that the agency may not select a candidate and yet still act in accordance with the recommendation.

The ISAC would need to specify that if a candidate on an order of merit (or orders of merit) does not accept an offer of engagement or does not accept or is not available for an assignment/movement at level, then the ISAC recommends that the candidate be passed over and the employment offer made to the next candidate on the order of merit. The agency would be acting on the recommendation of the ISAC so any subsequent promotions would not be subject to promotion review. Agencies should be aware that this action does not apply to candidates for promotion to the duties.

Whether the candidate who, for any reason, has not taken up the offer of employment (that is, an engagement, assignment of duties or movement and not a promotion) is considered for further employment opportunities will depend on two things—the policy of the agency and what the candidate was told by the agency at the time of application. In determining their policy on selection, agencies need to balance the APS Values of the APS providing a fair workplace, achieving results and being a career-based service. Matters such as this require early and informed planning. For more information see 27. Planning the ISAC.

33.  Majority decision

Most ISAC decisions are agreed unanimously between the ISAC members. In accordance with Public Service Regulation 4.8, where the members of the ISAC do not agree unanimously:

If the decision is not unanimous, the MPC has requested that the members advise the Regional Director NSW in writing of why they have disagreed with the decision and the Regional Director NSW will record the dissention on the ISAC file.

34.  Use of an ISAC order of merit

An agency can utilise ISAC recommendations—the order of merit or the individual skill/location orders of merit—to fill recurring and identical employment opportunities for up to 12 months after the initial notification of the opportunity in the Gazette (see Commissioner’s Direction 4.2(3)).

35.  Failure to act on the recommendation of an ISAC

The Regulations provide that promotions made by an agency delegate in accordance with the recommendation of an ISAC are not subject to review by a Promotion Review Committee. However there is no obligation on the agency delegate to accept the ISAC recommendation and the delegate may select employees for promotion on their own assessment of relative merit. Where a delegate opts not to accept the recommendation of an ISAC any promotions from that selection exercise will be subject to promotion review should an application be made by an unsuccessful applicant.

The Regulations also provide that once a delegate stops promoting candidates in accordance with the ISAC recommendation and bypasses one or more candidates then the subsequent promotions are subject to promotion review. For example, the ISAC recommendation includes an order of merit with 20 candidates and there are 10 positions. If the delegate promotes candidates 1–6 but passes over candidate 7 and then promotes candidates 8–11 the promotions of candidates 8–10 would be considered to be in accordance with the ISAC recommendations. The promotion of candidate 11 would not be made in accordance with the ISAC recommendations and so would be subject to promotion review. For more information see 32. ISAC recommendation. Candidate 7 can apply for a review of the promotion of candidate 11.

When promotions not made in accordance with the ISAC recommendations are notified in the Gazette, the agency must indicate that the promotion is subject to review. The data entry screen for the Gazette enables agencies to note that while the promotion was made following an ISAC this promotion is open to review. Agencies should consider using the selection documentation for prospective candidates to advise unsuccessful APS candidates to monitor the Gazette to see if any promotions made following the ISAC are reviewable.

Final administrative requirements

36.  ISAC reporting

At the completion of the performance of an ISAC’s functions the convenor must submit a written report of the ISAC’s performance of its function to the Regional Director NSW that has been agreed to by the members of the ISAC. The report should be prepared using the Certification of ISAC process template included in Attachment 10. If there is disagreement amongst members on the performance of the ISAC, separate statements must be submitted to the Regional Director NSW.

The Regional Director NSW may also choose to have an informal debriefing discussion with the convenor or full ISAC if thought desirable.

The Regional Director NSW must obtain from the convenor a copy of the signed report of the ISAC to the agency.

The Regional Director NSW is required to provide information in relation to the activity of ISACs as part of their monthly reporting, for Senate Estimates briefing and for the MPC’s Annual Report. For this purpose records in MIS must include data on:

37.  Recordkeeping

The details of each ISAC must be kept on a separate file. While the contents of that file will vary according to the circumstances of each case, it should contain at least:

38.  Conclusion of the ISAC

Once an ISAC has provided its recommendations to the agency, it has completed its statutory functions and the ISAC ceases to exist.

An ISAC cannot be reconvened to consider additional evidence, including evidence about a candidate which was not available when the ISAC made its recommendations.

If issues arise following the conclusion of the ISAC, these must be documented and forwarded to the Regional Director NSW in Sydney for consideration. As the ISAC has ceased to exist, the convenor or other members have no formal role in considering any issues that arise.

One or more of the former members of the ISAC may provide post-selection counselling following the completion of an ISAC if an agency has negotiated this additional service.

1. A copy of the current delegations can be obtained from the MPC Policy Adviser.

2. The Group Manager and selected Directors in the Ethics Group also hold this delegation.

3. This was done under an arrangement similar to the one currently in place for the MPC APS employee nomination on Promotion Review Committees. The Commission maintains a register of approved people who have the agreement of their agency to participate in a PRC.