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Last updated: 15 August 2005
Ongoing employment – Recruitment and related issues
Please note: This document is no longer current and is provided for reference purposes only.
Stage 1: Preparatory Work
Step 2. Decide on the selection method
An agency head must put in place measures to ensure that every selection process conforms with the legislative framework, including the APS Values, as well as meeting the agency’s operational requirements.
The selection method(s) chosen must be fair, reasonable and able to assess the work-related qualities of candidates against the work-related qualities required for the duties in a way which meets the requirements for engagement or promotion (Direction 2.3(1)(b)) or for other employment decisions (Direction 2.3(1)(b)).
Apart from the requirement that powers under the Act must be exercised without patronage or favouritism (section 17) and the requirement for an Agency Head to uphold and promote the APS Values (section 12), there is no specific prescription of the method(s) or selection techniques to be used for selecting people for an employment opportunity.
However, it must be remembered that some employment decisions are required by the legislation to have been preceded by certain processes (for example, a person can only be promoted or engaged from outside the APS if the opportunity was notified in the Gazette). To ensure flexibility, it is prudent for agencies to ensure that such requirements have been satisfied to allow any possible selection decisions to be put into effect. So for example, an agency should notify an employment opportunity in the Gazette if there is any possibility that it may be filled by promotion or engagement.
The six most probable outcomes of a selection process are:
- ongoing assignment of duties within an agency (excluding promotion or engagement)
- ongoing assignment of duties (not involving promotion or engagement) in association with movement between agencies
- engagement1 from outside the APS (ongoing or non-ongoing2)
- promotion3 (either within the agency or involving a movement between agencies)
- temporary assignment within an agency which can be above, at or below level
- temporary movement between agencies4.
The selection requirements for each of these possible outcomes are dealt with below and also referred to in step 4 which deals with notification requirements. As noted above, agencies should ensure that the requirements for the different outcomes are met to maximise flexibility.
Ongoing assignment of duties within an agency
An Agency Head can assign duties (section 25) on an ongoing basis at a similar or a lower classification to an ongoing employee within the agency. This can be done without an open competitive selection process and without notifying the employment opportunity in the Gazette. However, it still involves the application of the merit Value and agency-specific policies may, in some circumstances, require notification of employment opportunities within the agency and impose other requirements for selection exercises involving ongoing assignment of duties.
An Agency Head cannot reduce the classification of an APS employee without the employee's consent, except in circumstances set out in section 23(4). At the time of publication there have been no circumstances prescribed by regulation (section 23(4)(g)). This issue is discussed in greater detail in question 3.19 in Chapter 3.
SELECTION
The Agency Head must put in place measures to ensure that a decision to assign duties is made on the basis of an assessment of the employee's work-related qualities and the work-related qualities required for efficient and effective organisational performance (Direction 2.3(1)(b)).
While section 25 allows an Agency Head to determine duties of an employee (and the location at which those duties are performed) at any time, such an action must also comply with the APS Values.
If a proposed change of duties or relocation has not been sought by the employee, it is advisable that the employee be consulted. An assignment of different duties may raise significant issues for the employee concerned including impact on family responsibilities, OHS considerations (e.g. a person recovering from an injury) or a potential conflict of interest. These issues may significantly affect their capacity, availability and enthusiasm to accept the new assignment. These issues are discussed in greater detail in question 3.19 in Chapter 3.
LIMITED RIGHT OF REVIEW
When an assignment of duties involves a relocation to another place, a reduction in classification or is to duties which the employee could not reasonably be expected to perform, it is a reviewable action (Schedule 1 Item 10, of the Regulations). This means that an employee can lodge an application for review of the decision under the Regulations to the Merit Protection Commissioner.
Ongoing assignment of duties and movement between agencies
The Agency Head of an agency can enter into a written agreement with an employee in another agency, to move to that agency (section 26). If the ongoing move is to duties with a similar or a lower classification then there is no requirement for an open competitive selection process to be held. However, it still involves the application of the merit Value and agency-specific policies may require the notification of an employment opportunity within the agency and a subsequent selection exercise.
An Agency Head cannot reduce the classification of an APS employee without the employee's consent, except in circumstances set out in section 23(4). At the time of publication there have been no circumstances prescribed by regulation (section 23(4)(g)). This issue is discussed in greater detail in question 3.19 in Chapter 3.
SELECTION
An Agency Head must put in place measures to ensure that a decision to move an employee other than on promotion from another agency, is based on an assessment of the employee's work-related qualities and the work-related qualities required for efficient and effective organisational performance (Direction 2.3(1)(b)).
Engagement
This outcome requires an open competitive selection process.
SELECTION
The merit Value requires an open competive selection exercise for engagement (section 10(2)(a)) unless a current order of merit from an earlier open competitive selection exercise is available and is considered appropriate (see step 4 Engagement or promotion from existing order of merit).
If a selection exercise might result in an engagement, an Agency Head must have measures in place to ensure that the purpose of the process is decided in advance and information about the process is readily available to applicants (Direction 2.3(1)(a)(i)).
An Agency Head must also have in place measures to ensure that the selection process is transparent and is applied fairly in relation to each eligible applicant (Direction 2.3(1)(a)(ii)) and that the merit Value is observed (section 10(2) of the Act and Direction 2.3(1)(a)(iii)). As noted earlier in the paragraph headed 'The Merit Value', this requires an assessment based on:
- the relative suitability of the candidates for the duties, using a competitive selection process
- the relationship between the candidate's work-related qualities and those work-related qualities genuinely required for the duties
- the relative capacity of the candidates to achieve outcomes related to the duties.
The assessment must be the primary consideration in making the decision.
CONDITIONS OF ENGAGEMENT
When planning a selection process where the engagement of an employee is a possible outcome, an agency should consider whether it wishes to impose any conditions on the engagement relating to probation, citizenship, formal qualifications, security and character clearances, health clearances (section 22(6)). Other conditions of engagement (section 22(7)) can also be imposed but those conditions must be consistent with the merit Value and the other APS Values. For example, an agency may wish to impose as a condition of engagement a requirement that a new employee sign a declaration, shortly after they are engaged, that they did not provide any false information in their recruitment or pre-employment clearances. A person engaged as an employee must be an Australian citizen unless the Agency Head considers it appropriate to engage a non-citizen (section 22(8)).
A person engaged subject to conditions of engagement must be notified of any conditions before engagement. It may be appropriate for the agency to mention any conditions in the Gazette notification of the employment opportunity or in any additional advertising but full details should be included in any selection documentation provided to candidates. Failure to do this does not preclude other conditions being imposed at a later stage of the selection process, but conditions cannot be imposed after engagement.
Conditions of engagement are discussed in the booklets Conditions of Engagement and Probation. Agencies should take care in the wording of any conditions of engagement imposed. The wording becomes important should an agency head wish to terminate the employment of an employee for failure to meet a condition of engagement. For example, it would be difficult to terminate a persons’s employment because they could not drive a large vehicle if the condition of their engagement required only a driver’s licence without specifying the type of licence. Agencies should also refer to the booklet Termination of Employment.
Promotion
The merit Value requires an open competive selection exercise for promotion (section 10(2)(a)) unless a current order of merit from an earlier competitive selection exercise is available and is considered appropriate (see step 4 Open competitive selection—Promotion). Should the successful applicant be an employee of another agency it will also require an agreement with the employee to move to the agency (section 26).
If an employment decision might result in a promotion, an Agency Head must have put measures in place to ensure that the purpose of the process is decided in advance and information about the process is readily available to applicants (Direction 2.3(1)(a)(i)).
An Agency Head must also have in place measures to ensure that the selection process is transparent and applied fairly in relation to each eligible applicant (Direction 2.3(1)(a)(ii)). The measures must also ensure that the requirements for merit-based decision making are observed (section 10(2) and Direction 2.3(1)(a)(iii)). Merit-based decisions for promotion involve an assessment of:
- the relative suitability of the candidates for the duties, using a competitive selection process
- the relationship between the candidate's work-related qualities and those work-related qualities genuinely required for the duties
- the relative capacity of the candidates to achieve outcomes related to the duties.
The assessment must be the primary consideration in making the decision.
Halting an open competitive selection
As an open competitive selection process is not required for an assignment of duties that does not involve a promotion, a decision can be made to stop the selection process and to assign duties at a similar or lower classification to an ongoing employee at any stage of an open competitive selection process. To illustrate, an employee applies for an employment opportunity at their existing classification and the Agency Head assesses the person as suitable. Once an employee is identified as suitable in this way, the Agency Head can then choose to end the selection exercise and assign the duties to that employee.
Engagement or promotion using an existing order of merit
An engagement or promotion may be made from an existing order of merit that is the result of an open competitive selection process.
The decision to engage or promote a person to a similar employment opportunity must be made within 12 months of the date of the Gazette notification of the original employment opportunity.
Temporary assignment within an agency
An Agency Head must put in place measures to ensure that a temporary assignment decision is made on the basis of an assessment of the employee's work-related qualities and the work-related qualities required for efficient and effective organisational performance (Direction 2.3). This can be done without an open competitive selection process and without notifying the employment opportunity in the Gazette. However, agency-specific policies may, in some circumstances, require notification of temporary assignment opportunities within the agency and impose other requirements for these selection exercises.
If the temporary assignment of duties is at a higher classification, the Agency Head must have in place measures to ensure that the following additional factors are considered (Direction 4.7):
- the ongoing employee's efficiency
- the relative importance to the agency of the duties and other duties in the agency
- the length of the assignment
- the expected cost
- the need for career development opportunities.
While section 25 allows an Agency Head to determine duties of an employee (and the location at which those duties are performed) at any time, such an action must also comply with the APS Values.
If a temporary assignment of duties or relocation has not been sought by the employee, it is advisable that the employee be consulted. See question 3.19 in Chapter 3 for further discussion.
Temporary movement of an ongoing APS employee between agencies
An Agency Head can enter into a written agreement with an ongoing employee from another agency to move to their agency on a temporary basis under section 26 of the Act. This can be done without an open competitive selection process and without notifying the employment opportunity in the Gazette. However, agency-specific policies may, in some circumstances, require notification of temporary employment opportunities within the agency and impose other requirements for these selection exercises.
If the associated temporary assignment of duties is to duties of a similar or lower classification, an Agency Head must put in place measures to ensure that a temporary assignment decision is made on the basis of an assessment of a person's work-related qualities and the work-related qualities required for efficient and effective organisational performance (Direction 2.3).
If the temporary assignment of duties is to duties of a higher classification, the Agency Head must also have in place measures to ensure that the following additional factors are considered (Direction 4.7):
- the ongoing employee's efficiency
- the relative importance to the agency of the duties and other duties in the agency
- the length of the assignment
- the expected cost
- the need for career development opportunities.
The requirement to seek the approval of the pre-move Agency Head for a temporary move is discussed in Stage 4, Step 9 Temporary movement of an ongoing APS employee between agencies.
1 On engagement an employee must be assigned duties
2 Non-ongoing engagement is discussed in Non-ongoing Employment 1—Specified term and task recruitment and related issues
3 Promotion involves the assignment of duties to a higher classification
4 An employee can be assigned duties on a temporary basis at a higher, the same or at a lower classification
