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Checklist to appoint to a higher classification role

This checklist is designed to assist agencies when reviewing a request from a public service employee to be permanently appointed to the higher classification role they are performing. Section 149C of the Public Service Act 2008 (the PS Act) and Appointing a public service employee to a higher classification level (Directive 13/20) sets out the conditions for conversion. After one year, and each successive year performing higher duties, the employee may request a review once a year or if the position becomes substantively vacant.

The conversion review elements are:

  • eligible on merit principle
  • same agency as appointed or employed
  • continuous period of at least one year
  • not a casual employee, SO, SES or CE
  • genuine operational requirements
  • previous review decisions.

Under the Human Rights Act 2019, decision makers must take into account relevant human rights. Find more information about relevant human rights.

Note: decision points on this page are progressively revealed based on your answers. If you need to start over, refresh this page.

Step one—eligibility for review

Based on Queensland Industrial Relations Commission (QIRC) decisions, an employee may ask for a review and appointment to the higher classification level position they are performing at the time of the review, where they have been performing the duties and responsibilities at the higher classification level in the same agency for a continuous period of at least one year.

The employee is not eligible for review because they have made a request within the previous 12 months AND the role the employee seeks appointment to has not recently become substantively vacant.

This template (DOCX, 25 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
The employee is not eligible for review because they are not currently assuming the duties and responsibilities of a higher classification level.

This template (DOCX, 25 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
The employee is not eligible for review as their engagement has not been for a continuous period of at least 12 months.

This template (DOCX, 22 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
The employee is not eligible for review if the role at the higher classification level is not in the same agency as the employee has an appointment or is employed.

This template (DOCX, 24 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
Go to step two to determine eligibility in relation to merit.

Step two—merit

For section 149C to apply, the employee must be eligible for appointment to the role having regard to the merit principle. If the employee is not considered eligible based on merit, specific performance concerns must have been raised in writing with the employee and the employee must have had an opportunity to address the concerns. There is no comparative assessment of merit against other employees. The merit of the employee for the role is the required consideration.

The employee is not eligible for appointment under Directive 13/20 as they have not met the merit requirements for the role.

The employee’s engagement is to continue according to the terms of the existing secondment or higher duties arrangement.

This template (DOCX, 25 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
Merit met, go to step three
The employee is not eligible for appointment under Directive 13/20 having regard to the merit principle. The employee’s engagement is to continue according to the terms of the existing secondment or higher duties arrangement.

The performance concerns should be progressed with the employee, consistent with the positive performance management principles.

This template (DOCX, 25 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
As the unresolved performance concerns have not been raised with the employee and documented in writing, the decision maker cannot rely on merit having not been met to refuse appointing the employee to the higher classification level.

A positive performance management approach should be taken to address any unresolved performance concerns.

Go to step three

Step three—considering whether to appoint

Now consider the genuine operational requirements under section 149C(4A)(a) and reasons for decisions previously made—section 149C(4A)(b).

The chief executive must have regard to the genuine operational requirements of the department. The decision maker may consider the following when deciding whether there may be genuine operational requirements not to appoint the employee to the higher classification role.

When deciding the request, the chief executive must also have regard to the reasons for each decision previously made, or deemed to have been made, in relation to the employee during their continuous period of employment in the higher classification role. This applies where there has been a previous request for review under section 149C (and not to any other employment reviews that may have occurred prior to the enactment of s149C).

Include details of the consideration of previous s149C review decisions in the decision letter.
You must consider the reasons for previous review decisions under section 149C for the employee and include details of the considerations in the decision letter.
Use the questions in 3.2 to 3.6 to assist in settling the reasons for inclusion in the letter to the employee advising them of the decision.
The genuine operational requirements of the department do not support appointment of the employee to the higher classification at this time.

Ensure consideration of previous review decisions (3.1) is reflected in decision letter.

This template (DOCX, 27 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
The genuine operational requirements of the department support appointment of the employee to the higher classification position.

Ensure consideration of previous review decisions (3.1) is reflected in decision letter.

This template (DOCX, 25 KB) may assist you in communicating your decision to the employee, given your responses to the above questions. You should include additional information in support of your reasons for the decision.
Last updated:
16 March 2021

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