Circular 2023/7: Upholding Integrity in SES Recruitment

Purpose

1. This Circular is to inform Agency Heads of their obligations when conducting SES recruitment.
2. This Circular replaces Circular 2018/5: SES Recruitment, and applies to all SES recruitment processes commencing from October 2023.

Key expectations for SES recruitment

3. The Senior Executive Service provides APS wide strategic leadership of the highest quality that contributes to an effective and cohesive APS. A high performing public service requires that the best and brightest individuals from diverse backgrounds are recruited. The APS needs a strong talent pool of employees with broad and readily transferable skills in order to deploy staff flexibly in response to government priorities.
4. To ensure confidence in the integrity of SES recruitment processes, and to support a whole of APS perspective on panels, the Australian Public Service Commissioner's Directions 2022 require that the Australian Public Service Commissioner is a full participant in SES recruitment processes.
5. The Commissioner's role in SES recruitment is to ensure that the process is consistent with the requirements of the Public Service Act 1999 and the Australian Public Service Commissioner's Directions 2022, ensuring employment decisions are consistent with merit. The Commissioner also ensures employment decisions:
   • take into account the wider skills and capabilities expected of SES employees across the whole of the APS including those that will be needed by the APS in the future and
   • are aligned to the SES Performance Leadership Framework which requires behaviours to be considered equally with outcomes.

6. Where the Commissioner is unavailable, they will be represented by a Commissioner's Representative.
7. Agencies must also include a specialist member from the APS Professions in their panel composition, where the position requires experience aligned to an APS Profession.
8. Agencies are encouraged to consider existing merit lists prior to advertising. Agencies are expected to share merit lists.

Commissioner's participation

9. The Commissioner will be invited to participate on all SES recruitment processes.
10. Upon receipt of an invitation to participate on a panel, the Commission will either:
    
    1. advise that the Commissioner is available to participate on the processes (SES band 3 processes only) or
    2. advise that an APSC Deputy Commissioner will undertake the role of Commissioner's Representative (generally only for SES band 2 processes) or
    3. advise that a Commissioners Representative has been nominated by the Commission or
    4. consider the agencies nomination to fulfil the role of Commissioner's Representative.
        
11. The number of SES processes conducted annually (252 for 2022/2023 FY) necessitates that a Commissioner's Representatives is required for a number of processes. However, increased participation by the Commission on selection panels will provide greater visibility and promote consistency in how merit is upheld through SES recruitment processes across the APS.
12. All requests for SES recruitment processes should also include a nomination for a Commissioner's Representative (in accordance with paragraph 13) in the event that the Commissioner or the Commission's Representative is unavailable to participate.
13. A Commissioner's Representative must:
    
    1. be an APS employee
    2. be a substantive classification above the SES vacancy
    3. be from a different portfolio from the agency that is filling the SES vacancy
    4. contribute to gender diversity
        
14. To assist agencies who are unable to find a suitable Commissioner's Representative, the Commission will maintain a list of potential Representatives who meet the criteria detailed below. The Commission will write to agencies annual seeking nominations for the list.
15. At the conclusion of the process, the Commissioner's Representative must complete a declaration certifying that the process was compliant with the legislative framework and this circular.

Deviations

16. Nominees who deviate from the requirements will only be considered in exceptional circumstances.
17. A deviation may be considered by the Commissioner where the agency has been unable to find someone who meets all the criteria.
18. Deviations will not be approved where the nominated representative:
    
    1. is not an APS employee
    2. is not from a different portfolio from the agency that is filling the SES vacancy.
        
19. Agencies seeking a deviation must provide information on what steps they took to find a Commissioner's Representative that meets the criteria, and how their proposed Commissioner's Representative has the necessary skills and experience to ensure the process is compliant with the legislative framework and this circular.

Specialist panel member

20. All positions that require experience aligned with an APS Profession require a specialist panellist as a member of the selection panel.
21. The specialist panellist provides advice and guidance to help select individuals with the right skills and attributes to be effective leaders and support the uplift of APS capability in their relevant field.
22. Where the Commissioner or Deputy Commissioner is available to participate on the panel, the specialist panellist will either be an additional member of the panel, or replace one of the other panel members. Where a Commissioner's Representative is required, and the nominated specialist panel member also meets the criteria for the Commissioner's Representative, they may undertake both roles on the panel.

Agency responsibilities

23. Agencies must notify the Commission of their intent to advertise an SES vacancy. Where possible, agencies should aim to provide one months' notice before advertising. This provides the opportunity for consultation with the Chairs of the Secretaries and Deputy Secretaries talent council.
24. Agencies should complete the Intention to Advertise form. This requires agencies to propose an eligible Commissioner's representative where a representative of the Commission is unavailable.
25. At the conclusion of the selection process, agencies are required to send the Commission:
    
    1. the Commissioner's Representative certification (where the Commissioner did not participate in the process)
    2. notification of the outcome form which will includes the merit list/pool and
    3. selection reports for Band 3 vacancies.
        
26. The Commission will use the merit list/pool and selection reports for SES Band 3 processes to inform workforce planning.

More information

27. More information is available on the Commission's SES Recruitment webpage. HR practitioners seeking further information can contact employmentpolicy@apsc.gov.au.