Regulation of merit in APS recruitment – the new model

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The MPC looks forward to working with agencies to support the transition to the new model in April 2025.

On 12 December 2024, the Public Service Regulations 2023 were amended to introduce a new approach to how merit in recruitment will be regulated in the APS.

This page explains how the MPC will prepare to implement the new function.

The new function will commence on 1 April 2025. Until then, we will focus on providing advice and guidance that will support Agencies and employees to understand the purpose and objectives of the new model. We will also have educational resources to explain who will be able to apply for a review, what will be required when a review is underway and the possible outcome of a review.

Over the coming months we will publish information on how we will conduct reviews and provide a ‘frequently asked questions’ page to explain in practical terms how the new model of review will differ from the current model.

In early 2025, we will present with the APSC an online information session for Agencies and employees to explain the new model in preparation for 1 April 2025.

Keep visiting this page for updates and the dates of the information sessions.

The transitional arrangements

The new review of promotion decisions will only apply to vacancies advertised in the APS Gazette (www.apsjobs) from 1 April 2025. For vacancies advertised prior to that date, an eligible application for review will be handled under the existing model and reviewed by a promotion review committee. This includes any promotion decision arising from a merit pool created prior to 1 April 2025.

Our approach

There are many types of recruitment practices across the APS. We know that innovative practices are designed to improve the effectiveness and timelines of selection processes.

However an Agency chooses to conduct its recruitment processes, the obligations on an Agency to undertake a selection process that is merit-based, and which can hold up to scrutiny, remain the same.

The merit principle is enshrined in the Public Service Act 1999 and there are specific requirements on what makes a recruitment process merit based in the Public Service Commissioner’s Directions 2022.

Our new approach to reviewing recruitment processes will not change the merit principle.

What will change is the requirement for the MPC to review the selection process to determine that it is merit based, rather than assess the merits of individual applicants. This means we will review evidence that relates to the process – such as the job description, the advertisement, the make-up of the selection panel, any conflict of interest declarations, interview questions, assessment tasks and the selection report. Our role is to determine whether the selection process complied with the requirements set out in the merit principle and the Commissioner’s Directions.

There are two ways that the MPC can conduct a review:

  1. in response to an application for review from an APS 1 – 5 APS employee who has applied for a promotion to an APS 2 – 6 position
  2. at any time, under its own motion and without a complaint or application

Our objectives

We will implement the new model to:

  • strengthen the understanding and application of merit in public sector recruitment
  • improve recruitment outcomes across the APS
  • build capability and transparency in selection processes
  • share good recruitment practices across the public sector to support continuous improvement
  • build confidence in the sector through education, advice, and guidance arising from our review work
  • take proportionate action where there is evidence of non-compliance with the merit principle.

The Regulations - a short explainer

Promotion reviews (new model)

Promotion review eligibility

A promotion decision and selection process for ongoing APS 2-6 level position:

  • when an ongoing APS or Parliamentary Service employee has been promoted to a higher classification; and
  • the promotion decision has been published in the APS gazette.

An ongoing APS or Parliamentary Service employee at APS 1 – 5 level:

  • who applied for a promotion (to APS 2 – 6 level or equivalent)
  • who believes the promotion decision was not based on merit or the process was not undertaken in accordance with the requirements outlined in the APS Commissioner’s Direction
  • who can provide reasons for why they believe the decision or process was not based on merit.
  • If the application is made outside the 14 days from the date of the promotion notice in the APS Gazette
  • When the MPC determines the application is misconceived.
  • Where an applicant has previously applied for a review for the same decision or selection process.
  • If the MPC considers a review is not justified in all the circumstances.
  • Where a selection process has already been subject to a review and found to be merit based.

Promotion review process

The MPC may nominate a reviewer who has the necessary skills and experience to assist to conduct the review.

  • The review must consider all the information that was available to the original selection panel and decision maker.
  • The review can also consider any information that was known to the Agency but not given to the decision maker.
  • The review can find the selection process was, or was not, based on merit.
  • The review can make any other recommendation for improvement that is appropriate.
  • The MPC prepares an outcome report with the outcome of the review and provides it to the Agency.
  • The Agency must respond to any recommendation and finding within 14 days of being advised of the outcome.
  • If the Agency Head does not accept the outcome of a review the MPC must report that decision to the APS Commissioner

The MPC must report twice a year to the APS Commissioner on:

  1. number of applications made
  2. number of reviews completed
  3. reasons for non-compliance decisions
  4. summary of outcomes of completed reviews

Promotion review findings and recommendations

  • The promotion can proceed. No further action is taken.
  • Any merit pool or list created will continue to operate and be used for future appointments.
  • The promotion decision can proceed.
  • Any merit pool or list created will continue to operate and be used for future appointments.
  • Feedback and advice will be provided to the agency.
  • The promotion decision is overturned and does not take effect. Any earlier promotion decision that has taken effect will not be overturned.
  • The MPC may recommend that the merit pool or list should not be used to fill a vacancy.
  • MPC may recommend, if appropriate, that a new selection process be undertaken.
  • If the MPC has sufficient information it may recommend a new merit pool, ranked merit pool or merit list.

Own motion Audits

Conducting an own motion audit

The MPC can audit an APS 2 – 6 selection process at any time - whether the selection process has been completed or not.

A reviewer nominated by the MPC, who has the skills and experience necessary to assist the MPC to conduct the audit.

The MPC will audit the entire selection exercise to determine if the process was:

  • compliant with the merit principle as defined by section 10A of the Public Service Act 1999, and
  • compliant with the requirements of a merit based recruitment process as set out in the APS Commissioner’s Directions 2022.

The review must consider all the information that was available to the original selection panel and decision maker.

The review can also consider any information that was known to the Agency but not given to the decision maker.

The MPC will then decide whether the selection process was or was not merit based.

Audit findings and recommendations

  • If the selection process is merit based the MPC will provide a report to the Agency Head with observations on the selection process.
  • Any merit pool or list created will continue to operate and be used for future appointments.
  • If the selection process is not merit based but the MPC determines the outcome would not have been materially different, a report will be provided to the Agency Head with recommendations for improvement.
  • Any merit pool or list created will continue to operate and be used for future appointments.
  • If a selection process is not merit based and the MPC determines the outcome would have been different, a report will be provided to the Agency Head with recommendation that any merit pool or list should not be used to fill a future vacancy.
  • Any promotions or engagement decision that have already been filled and have taken effect can stand.

Audit outcomes and procedural fairness

  • The MPC must provide an Agency Head with an opportunity to make submissions to the MPC.
  • The MPC must consider any submissions made by the Agency Head.
  • An Agency must respond to an MPC recommendation and findings within 14 days of being advised of the outcome.
  • The MPC must report to the APS Commissioner if an Agency Head does not accept a recommendation.

The MPC is to report twice every financial year to the APSC on:

  1. number of reviews completed
  2. reasons for non-compliance decisions
  3. summary of outcomes of completed reviews.

The MPC may publish findings or recommendations in the written report on its website or in the annual report.

Timeframes to complete reviews

The MPC is required to publish guidelines on its website with information on how long a review is expected to take.

If you have any questions about the new process and how it might impact you, please contact us at review@mpc.gov.au

If you are a recruitment or human services practitioner and would like to join our Review of Actions and Code of Conduct Community of Practice, please email us to become a member.

Further Information

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