Ongoing employment – Recruitment and related issues

Please note: This document is no longer current and is provided for reference purposes only.

Stage 3: Selection

Step 8. Select preferred applicant

Determine how the opportunity is to be filled

In filling an employment opportunity, the options available to an Agency Head are:

assign duties at a similar or a lower classification to an ongoing employee within the agency
assign duties at a similar or a lower classification to an ongoing employee from another agency
take the next available person from an existing selection exercise for a similar opportunity
engage a person from outside the APS
promote an ongoing employee
assign duties on a temporary basis to an ongoing employee
engage a non-ongoing employee (non-ongoing employment is discussed in the Non-Ongoing Employment booklets.

However, some of these options will only be available to the Agency Head if the selection process has followed the legislative requirements for that particular outcome (see Stage 1, step 2 and step 4 in particular).

Undertake the selection

While all staff selection involves some form of assessment of applicants, there are significant differences between the selection processes required for assignment of duties at or below level and for promotion or engagement:

for an assignment of duties at or below level, the selection process must involve the agency's assessment of the individual's work-related qualities and the work-related qualities required for efficient and effective organisational performance
for an engagement of a person as an ongoing employee or the promotion of an ongoing employee the opportunity must have been notified in the Gazette and an open competitive selection exercise conducted (see Stage 1, step 2 and step 4 for details of the Gazettal requirements).

Agencies should also consider the aims of the particular selection exercise. Is it intended to:

be a one-off exercise to fill a single employment opportunity
fill similar employment opportunities as they arise
be a bulk exercise to select several applicants for employment in different work areas
select candidates for employment opportunities at different classifications within a work area?

The answer to this question will affect decisions about the relative suitability of applicants and the development of an order(s) of merit. Some of the options are explored in questions 3.15 and 3.16 in Chapter 3.

Selecting candidates

In accordance with the APS Values, the APS is a public service in which employment decisions are based on merit (section 10(1)(b)).

For ongoing or temporary assignment of duties at a classification at or below level, the Agency Head must have in place measures to ensure that there is an assessment based on the relationship between the candidate's work-related qualities and those work-related qualities required for efficient and effective operational 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.

For a selection that might result in either an engagement or a promotion, an Agency Head must put in place measures ensuring that the selection process is transparent and applied fairly in relation to each eligible applicant (Direction 2.3(1)(a)(ii)) and that there is merit-based decision making (section 10(2) and Direction 2.3(1)(a)(iii)).

Merit-based decision making for engagement and promotion involves (section 10(2)):

an assessment of the relative suitability of the candidates for the duties, using a competitive selection process
an assessment based on the relationship between the candidate's work-related qualities and those work-related qualities genuinely required for the duties
the assessment being focused on the relative capacity of the candidates to achieve outcomes related to the duties
the assessment being the primary consideration in making the decision.

Examples of work-related qualities that may be taken into account in making an assessment include:

skills and abilities
qualifications, training and competencies
standard of work performance
capacity to produce outcomes from effective performance at the level required
relevant personal qualities
demonstrated potential for further development
ability to contribute to team performance (note to Direction 4.1).

While the usual selection outcome will be the selection of the candidate assessed as most suitable in terms of work-related qualities, there will be limited circumstances where that candidate is not offered the opportunity. The Act gives an Agency Head the discretion to apply secondary selection considerations (section 10(2)(d)) as part of a merit-based decision. Secondary selection considerations are discussed in Appendix A.

Collecting employment information

The selection process is a key means by which an agency gains relevant information regarding eligibility and suitability from applicants.

Agencies should specifically ask for any relevant information (e.g. any reasons for prior separation, any performance issues, relevant criminal convictions and pending charges, health problems that may prevent someone performing all the duties etc.). A candidate or referee is not bound to identify any problems if not specifically asked. While it may not be possible to ensure that all information provided by applicants is accurate, agencies need to be aware of the risks in not checking information provided. However, having regard to the Information Privacy Principles, and the need to minimise the risk of discrimination, it may be desirable not to collect information on sensitive topics until relatively late in the process when it is clear that the candidate is a serious contender (unless raised by the candidate). If issues arise (e.g. health or an adverse referee comment), fairness will require the candidate to be given an opportunity to comment.

Agencies should note that, while the Code of Conduct requires honesty and integrity in the course of employment and specifically prohibits an APS employee from providing false or misleading information in connection with employment, the Code does not apply to prospective APS employees.

Agencies may wish to advise prospective employees that the Criminal Code Act 1995 creates offences relating to the provision of false or misleading information or documents. Agencies may also wish to require new employees to sign a declaration to the effect that all of the statements they made in the course of completing their recruitment and clearance processes (both before and after engagement) are true.

Information on imposing character and security clearances is contained in the Conditions of Engagement booklet. Any further advice on the provision of false or misleading information will be notified to agencies through Commission Circulars. Agencies can access the latest information through the Commission's website.

Engagement following redundancy

As a general rule, a person who has received a redundancy benefit in relation to Commonwealth employment in the previous 12 months cannot be engaged. However there are exceptions to this rule that are discussed in question 3.3 in Chapter 3.

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