Legislative framework on merit in APS recruitment

Section 10A of the Public Service Act 1999 (the PS Act) requires the APS to make engagement and promotion decisions that are made by following the merit principle.

A recruitment exercise will meet the merit principle when:

• all eligible members of the community are given a reasonable opportunity to apply to perform the relevant duties; and
• an assessment is made of the relative suitability of the candidates to perform the relevant duties, using a competitive selection process; and
• 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; and
• 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.

If candidates are found to have equal merit, then secondary considerations may be considered, but only if they relate to matters within the control of the candidate, for example willingness to relocate  or ability to start by a particular date or meet other reasonable agency requirements.

Elements of a merit-based selection process

How merit is applied in engagement and promotion decisions is set out in Australian Public Service Commissioner's Directions 2022 (the Directions).

Section 24 of the Directions provide the elements of a merit-based selection process to be when:

• the aim and purpose of the selection process is determined in advance
• information about the selection process is readily available to candidates
• the selection process is applied fairly in relation to each eligible candidate and
• the selection process is appropriately documented.

There is guidance material on the APSC website on merit-based recruitment practices.