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Last updated: : 22 December 2004
Ongoing employment – Recruitment and related issues
Please note: This document is no longer current and is provided for reference purposes only.
Appendix A: Secondary selection considerations
Secondary selection considerations can form part of a merit-based employment decision. They are not directly related to the relative suitability of a person to perform the duties or the work-related qualities needed to perform the duties (the primary consideration of merit). In practice, they are often factors that may vary over time (eg an applicant's availability) or are within an applicant's control (eg willingness to relocate or accept a particular salary).
While the Act does not define secondary selection considerations, agencies should ensure that any use of these considerations is in accordance with the APS Values of fairness, reasonable access, equity and freedom from discrimination; and that they are not used in a way that constitutes patronage or favouritism or direct or indirect discrimination under anti-discrimination law. The use of secondary selection considerations will require agencies to consult with applicants as appropriate during the selection process and, in particular, when making offers of employment.
Consistent with the requirement that merit-based assessment be the primary basis for a selection decision:
- a secondary selection consideration cannot be given such prominence that it becomes the primary consideration
- a person who is not assessed as suitable for the duties to be performed cannot be selected on the basis of secondary selection considerations.
Application of secondary selection considerations
In applying secondary selection considerations, an agency needs to decide on the approach that best suits its operational requirements. There are two possible approaches:
- a 'holistic' one where the agency considers both primary and secondary considerations together and produces a single order of merit
- one where an initial assessment is made on the basis of relative suitability to establish a primary order of merit and then as a second step the secondary selection consideration is applied in order to develop the final order of merit. (A two step approach need not necessarily add to the length of time taken to complete the process, as the two steps can be conducted concurrently.)
These approaches tend to suit different recruitment scenarios. In cases where a single one-off selection is to be made, a holistic approach may be appropriate. A two-step approach may be more appropriate where a selection process is used to fill multiple similar employment opportunities.
Whichever approach is taken, an agency must ensure that the assessment of both primary and secondary selection considerations is properly documented. In relation to the latter, this should include how the order of merit was constructed, records of any discussions with applicants about the application of secondary considerations and details of the offers made after the secondary considerations were applied. This will be important should the decision be subject to review.
When making employment decisions, agencies need to exercise sound judgement in the application of primary and secondary selection considerations. As a matter of good decision-making in regard to selection, an agency should adopt (and document) a coherent and defensible approach to the application of primary criteria and any secondary considerations that are applied in the particular situation (eg whether a suitable applicant who will accept the salary on offer is offered the position over a more highly suitable applicant who is seeking a higher salary).
The interaction of the primary and secondary selection considerations will vary depending on the circumstances of the case but must be applied in the context of the APS Values. To illustrate, if an agency's Certified Agreement includes provision to pay relocation costs to agency employees on promotion, but external applicants are required to pay their own relocation costs (if successful), it would not be fair or equitable to use the payment or otherwise of relocation costs as a secondary selection consideration, as such a condition cannot be waived by internal applicants even if they wanted to do so to take up the offer of employment. In such a case, there is a risk that highly suitable internal applicants would be excluded from consideration on the grounds of costs to the agency so that this becomes, in effect, the primary consideration. It may be appropriate to use removal costs as a secondary selection consideration to separate very close applicants who have the flexibility to agree to waive removal costs. Agencies should note that the most appropriate way to handle removal costs is to build flexibilities into certified agreements or AWAs.
If the results of a selection process are to be used at a later time to fill a similar employment opportunity, any secondary selection considerations will need to be applied or reapplied at that time to identify the most suitable applicant. For example, a person not selected initially because they did not accept the salary package might be prepared to accept a lower salary when the need to fill a similar employment opportunity arises.
How this is done will depend on the nature of the previous selection exercise. If there is an existing order of merit based on the primary considerations, then the secondary selection considerations will be applied to that primary assessment. If the previous exercise only ranked the top applicants or sufficient applicants to fill vacancies and rated a group of applicants as suitable, then secondary selection considerations can be applied to each applicant in the group. Depending on the circumstances of the particular employment opportunity, it might also be necessary to reassess applicants against the primary considerations of merit.
In line with Direction 2.3, the use of secondary selection considerations should be part of a transparent selection process and the considerations must be applied fairly in relation to each eligible applicant. Where practicable, information about their potential use should be readily available to applicants, eg, in the notification of the opportunity, in any selection documentation or provided as part of the selection process. This will allow potential applicants unable or unwilling to meet such considerations to decide not to apply.
Information from applicants might need to be sought at different stages of the selection process depending on the nature of the secondary selection considerations (eg candidates might be asked about availability during the selection process, but other questions such as salary might be left to later in the process). While it will usually only be necessary to seek the relevant information from the applicants who are in contention for the employment opportunity, should the information be relevant to similar employment opportunities to be filled at a later date, it may be cost-effective to seek information from all suitable applicants at the same time.
The agency should ensure that before a final decision is made, applicants who otherwise would have been selected are advised of the secondary selection considerations and are given an opportunity to meet the considerations or to change a previously stated view. The latter is particularly important if there are delays in making a final selection decision as the personal circumstances of an applicant can change.
