Circular 2025/04: Consequential Amendments to the Australian Public Service Commissioner’s Directions 2022
Published
Purpose
- The purpose of this Circular is to inform agencies that the Australian Public Service Commissioner’s Directions 2022 (the Directions) have been amended.
- These amendments are consequential to the amendments made to the Public Service Regulations 2023 (the Regulations) in Public Service Amendment (2024 Measures No. 2) Regulations 2024, ensuring consistency in the legislative framework.
- The amendments to the Directions include:
- changes to the provisions regarding the ‘date of effect’ of a promotion
- inclusion of ‘date of effect’ provisions for some engagement decisions, and
- inclusion of additional definitions.
Date of effect of promotions
- The amendments to the Regulations make significant changes to the operation of promotion reviews.
- The promotion review process under the amended Regulations considers the merits of the entire selection process, rather than only considering whether one candidate is more suitable than other. As a result, a promotion review may be triggered where a promotion review application is submitted for the promotion decision, or any other promotion decision from the same selection process.
- As a result, the provisions that detail the date of effect of a promotion in the Directions have been amended to ensure alignment with the amendments to the Regulations.
- Where a promotion review application is submitted for a promotion decision, any other promotion decision from the same selection process that has not yet taken effect is stayed. Therefore, the provisions relating to the date of effect of a promotion in the Directions have been updated to include circumstances where:
- a promotion review application is received for the promotion decision, or
- a promotion decision is stayed because a promotion review application is received for a different promotion decision from the same selection process.
- The amendments to the Regulations also include new provisions that outline when a promotion decision, or promotion review application, is not eligible for review. These provisions are outlined in subsections 20(4) and 21(4) of the Regulations. The date of effect provisions in the Directions have been amended to reflect circumstances where a promotion decision is not eligible for review in accordance with the amended Regulations.
- The review outcomes available to the MPC have also changed. At the conclusion of a review, the MPC will determine whether the process met the requirements of merit. If the MPC determines that the process does not meet the requirements of a merit-based selection process, the MPC may make recommendations regarding the use of the ranked merit list, ranked merit pool or merit pool to fill future vacancies. As a result of the amended Regulations, the date of effect provisions have been amended in the Directions to reflect the possible outcomes of a promotion review.
- The Directions clarify the date of effect for promotions in circumstances where an agency has not gazetted a promotion decision within three months, as required, due to error or omission, reflecting amendments made to the promotion review mechanism in the Regulations.
Date of effect of certain engagement decisions
- The amended Regulations also provides that where an engagement decision has not yet taken effect, the decision is stayed where a promotion review application is submitted for a promotion decision from the same selection process (subsection 21(3) of the Regulations).
- The Directions have been amended to provide date of effect provisions in circumstances where an engagement decision is stayed.
- The provisions within the Directions provide that:
| Circumstance | Effect | Reason |
|---|---|---|
| Where a written offer of employment has been made to a candidate prior to the Agency Head being notified that a promotion review application has been received for the same selection process | The Agency does not need to wait until the conclusion of the promotion review and the candidate can commence on any day agreed between the parties | This is because at the time the agency made the written offer, they were not aware that a promotion review application has been received, and therefore the agency made the written offer to the candidate in good faith |
| Where a written offer of employment has been made to a candidate after the Agency Head is notified that a promotion review application has been received for the same selection process | The candidate cannot commence until after the promotion review is concluded | This is because at the time of making the written offer, the Agency Head was aware a review of the selection process was being undertaken |
Incorporating some new definitions
- Definitions of ‘Ranked Merit List’, ‘Ranked Merit Pool’ and ‘Merit Pool’ have been included in the amendments to the Directions.
- Additional definitions to support the operation of the revised drafting of the date of effect provisions have also been incorporated.
Transitional provisions
- The changes commence on 1 April 2025, however the changes will only apply to those recruitment processes notified in the Public Service Gazette from 1 April 2025.
- This means that where the recruitment process was notified in the Public Service Gazette prior to 1 April 2025, or an agency draws on a ranked merit list, ranked merit pool or merit pool from a recruitment process notified prior to 1 April 2025, the date of effect provisions existing at the time the recruitment process was notified in the Public Service Gazette will still apply.
What should agencies do next?
- Agencies should review and update internal policies, procedures, templates and agency delegation instruments to ensure they appropriately reflect any changes in the Directions.
Further information
- The APSC has developed flow charts to support agencies operationalise the amendments. The flowcharts will be published on the APSC website within the next two weeks.
- Agencies seeking further information can contact the Employment Policy Team at employmentpolicy@apsc.gov.au .