Promotions

Overview

A promotion is the ongoing assignment of duties at a higher classification to an ongoing employee following a competitive selection process. The meaning of promotion is defined in section 6 of the Australian Public Service Commissioners Directions 2022 (the Directions). An employee may be promoted within their current agency or to another Australian Public Service (APS) agency.

Promotion decisions in the APS must be based on merit in accordance with the APS Employment Principles in section 10A of the Public Service Act 1999 (PS Act).

A decision to promote an employee is based on merit if:

• all eligible members of the community were given a reasonable opportunity to apply
• an assessment is made of the relative suitability of the candidates to perform the relevant duties, using a competitive selection process
• the assessment is based on the relationship between the candidates' work-related qualities and the work-related qualities genuinely required to perform the relevant duties
• the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the relevant duties and
• the assessment is the primary consideration in making the employment decision.

The application of merit to APS engagement and promotion decisions is explained in Part 4 of the Directions. Further information on elements of the merit principle can be found on the APS Merit Principle page.

Some promotion decisions may be reviewable by the Merit Protection Commissioner (MPC). Further information on the review of promotion decisions is on the Promotion Reviews page on the MPC website.

Giving effect to a promotion

When a promotion occurs within an agency, the promoted employee will be assigned duties at the higher classification in accordance with section 25 of the PS Act.

If the promotion is to an ongoing role in another APS agency, the new agency will permanently transfer the employee in accordance with section 26 of the PS Act. On commencement with the new agency, the employee will be assigned duties at the higher classification in accordance with section 25 of the PS Act. In practice this is often achieved using the one instrument.

Where an employee engaged under the Intelligence Services Act 2001 or the Australian Security Intelligence Organisation Act 1979 moves to the APS at a higher classification, the movement will be a promotion. The employee will transfer to the agency in accordance with section 26 of the PS Act and on commencement with the new agency, the employee will be assigned duties at the higher classification in accordance with section 25 of the PS Act. The promotion must be gazetted in accordance with section 40 of the Directions and may be subject to promotion review. Further information is on the Movement between the Commonwealth and the APS webpage.

Date of effect

Section 42 of the Directions outlines when promotion decisions take effect.

Where the promotion is not subject to review

Where a promotion decision is not subject to review, the date of effect is:

• the date agreed by the parties, providing that date is after the decision is notified in the Public Service Gazette, or
• 4 weeks after the day the decision is notified in the Public Service Gazette.

This applies regardless of whether the promotion is within the same agency or in another agency.

Where the promotion involves a move to another agency, agreement is not required by the transferring agency.

Where the promotion may be subject to review

Where a promotion is subject to review, the date of effect will be determined based on:

• whether an application for review is made and
• where an application is made, the outcome of the application.

Subsection 42(3) of the Directions details the date of effect for promotion decisions where an application for review is made.

Where no application for review is made, the date of effect of the promotion is:

• the date agreed by the parties, providing that date is after end of the promotion review application period, or
• 2 weeks after the promotion review application period (the review application period is usually 2 weeks).

Different provisions apply where an employee who is promoted to another agency is suspected of having breached the APS Code of Conduct, as prescribed in section 42A of the Directions. Further information on the applicable provisions is on the Handling Misconduct page.

Cancelling promotion decisions

A promotion decision may be cancelled, revoked or varied by the decision maker at any stage prior to the date it takes effect.

Further information about cancelling employment decisions is on the Cancellation of Employment Decisions page.

Moves to higher classifications that are not a promotion

Not all movements to a higher classification are promotions. Movements that are not a promotion include:

• the temporary assignment of duties to an APS employee at a higher classification than the employee's substantive classification (often referred to as higher duties) in accordance with section 25 of the PS Act
• the allocation of duties to an APS employee at a higher classification within the same broadband in the same agency, (often referred to as advancement) in accordance with section 6 of the Directions and rule 9(4) of the Public Service Classification Rules 2000 (the Classification Rules)
• the allocation of a corresponding operational classification to a trainee, in accordance with rule 11 of the Classification Rules. Further information on assigning operational classifications to trainees is on the Assignment of duties within an APS agency webpage and
• the ongoing assignment of duties to an APS employee at the employee’s substantive classification, following a voluntary temporary reduction in classification.

Further information on the assignment of duties is on the Assignment of duties within an APS Agency page.

Further information

HR practitioners seeking more information on promotions can contact the Employment Policy team via employmentpolicy@apsc.gov.au or call the advice line on (02) 6202 3857.