|What's new||Previous directive|
|Expanded to apply to public sector employees||Only applied to public service employees|
|Includes information about chief executives obligations regarding reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples||N/A|
|New recruitment and selection principles incorporated in every stage of the recruitment process||Guidance provided about application of the merit principle|
|Selection panels now need to select the person best suited to the position||The merit principle had limited scope|
|There are new, specific, provisions to apply equity and diversity considerations in recruitment processes||There was no specific guidance about how to recruit for equity and diversity|
Recruitment and selection (Directive 07/23)
This directive sets out the recruitment and selection requirements to ensure a high performing, apolitical, and diverse workforce.
- The purpose of this directive is to provide for the way in which recruitment and selection in public sector entities must be carried out to ensure a high performing, apolitical and representative public sector workforce.
2. Authorising provisions
- This directive applies to:
- public sector employees as provided for in section 12 of the Act
- public sector entities as provided for in section 8 of the Act
- chief executives of public sector entities as provided for in sections 16 and 17 of the Act, in their capacity as the chief executive of a public sector entity or of public sector employees.
- This directive does not apply to the:
- recruitment and selection of chief executives of public sector entities
- permanent employment of a public sector employee following a review of their non-permanent employment made under chapter 3, part 9, division 1 of the Act
- permanent employment of a public sector employee following a review of their acting or secondment at a higher classification level under chapter 3, part 9, division 2 of the Act
- the reappointment or appointment of a person who meets the requirements in chapter 7, part 2 of the Act (Right of reappointment after candidature in election).
- Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.
- Commission Chief Executive (CCE) Directive 12/20: Recruitment and selection is repealed and superseded by this directive.
- Chief executives are responsible for making decisions under the provisions of chapter 3, part 3 of the Act.
- Chief executives are required to act in a way that is compatible with the main purpose of the Act by:
- treating public sector employees fairly
- maximising employment security and permanency of employment
- taking steps to promote equity, diversity, respect and inclusion in employment
- ensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes.
- Under the Human Rights Act 2019 (HR Act) decision makers have an obligation to:
- act and make decisions in a way that is compatible with human rights
- give proper consideration to human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
- Under chapter 1, part 3 of the Act reframing entities have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples. A chief executive of a reframing entity is responsible for ensuring the entity fulfils its role when applying and making decisions under the Act and Commissioner directives.
- Under chapters 2 and 3 of the Act chief executives of public sector entities have a duty to promote equity and diversity in relation to employment matters, including in the application of, and making decisions under, the Act and Commissioner directives.
- Section 44 of the Act requires that recruitment and selection processes must be undertaken in accordance with the following three principles:
- recruitment and selection processes must be directed to the selection of the eligible person best suited to the position
- recruitment and selection processes must be fair and transparent
- recruitment and selection processes must reflect the obligations under chapter 2 relating to equity, diversity, respect and inclusion.
5. Interpretation of directions
- Chapter 3, part 3 of the Act sets out the framework and principles underpinning recruitment and selection in public sector entities.
- These directions:
- provide for the way in which recruitment or selection processes in public sector entities must be carried out
- provide for the way in which the principles underpinning recruitment and selection (provided for in section 44(3) of the Act) are to be applied
- establish how matters provided for in section 45(2) of the Act are to be considered.
- The requirements set out in these directions are binding and must be followed.
- A chief executive must consider any guidance material issued by the Commissioner which is identified as guidance material for the purpose of this directive and which is published on a Queensland Government website, or in another publicly available way.
6. Reframing the relationship with Aboriginal peoples and Torres Strait Islander peoples
- Chief executives of reframing entities must consider the responsibilities under section 21 of the Act relating to supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples, including but not limited to:
- promoting cultural safety and cultural capability at all levels of the public sector
- ensuring the workforce and leadership of the entities are reflective of the community they serve, having regard to chapter 2 and chapter 3, part 3 of the Act
- supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector
- working in partnership with Aboriginal peoples and Torres Strait Islander peoples to actively promote, include and act in a way that aligns with their perspectives, in particular when making decisions directly affecting them.
- In considering the responsibilities under section 21 of the Act in the context of recruitment and selection, a chief executive of a reframing entity should:
- undertake workforce planning activities that support recruitment and selection outcomes that are directed to ensuring an entity’s workforce and leadership is reflective of the community they serve
- ensure advertising practices for all roles are inclusive and that composition of selection panels reflects the:
- capability to undertake processes and make selection decisions in a way that will contribute to an entity’s cultural capability, and supports ongoing capability development in this area
- appropriate representation of Aboriginal persons or Torres Strait Islander persons, including consideration of external representation where appropriate, for example, from a community-controlled organisation.
- ensure that recruitment processes are conducted in a culturally safe way, including:
- recognising culturally significant connections for Aboriginal people and Torres Strait Islander people involved in the process
- establishing practices to ensure that adverse information (as provided for under clause 11) relating to an Aboriginal person or Torres Strait Islander person does not disproportionately or unnecessarily impact employment outcomes in the public sector for Aboriginal peoples and Torres Strait Islander peoples.
7. Workforce Planning
- Through high quality workforce planning and application of the principles underpinning recruitment and selection (section 44 of the Act), each vacancy should present an opportunity to support a high performing, apolitical and representative public sector workforce.
- Under section 40(4)(d) of the Act, chief executives have a responsibility to ensure that the entity has workforce and human resource planning and practices in place.
- Examples of relevant workforce and human resource planning and practices include (but are not limited to):
- When considering how to fill a vacancy, a chief executive must consider:
- section 81 of the Act, which provides:
- employment of a public sector employee is on a permanent basis unless the Act or another Act enables the person to be employed on a non-permanent basis, and
- a public sector employee may be employed on a non-permanent basis only if employment of the employee on a permanent basis is not viable or appropriate
- the Queensland Government’s employment security policy
- organisational strategic and service delivery objectives
- obligations arising from the application of other directives and industrial instruments which may impact on vacancy management and/or employment of public sector employees
- obligations relating to equity, diversity, respect and inclusion under chapter 2of the Act.
- section 81 of the Act, which provides:
- In addition to the factors in clause 7.4, when a chief executive decides how to fill a vacancy, consideration should be given to:
- the responsibilities provided for under clause 6 and section 21 of the Act for supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples
- the way in which the chief executive’s obligations relating to equity, diversity, respect and inclusion under chapter 2 of the Act should be reflected in:
- A chief executive may direct a person undertaking a recruitment and selection process to reflect chapter 2 obligations in a particular way under clause 7.5(b). This direction may be given based on a relevant policy, an equity and diversity plan or audit (where relevant), the specific requirements of a vacant position, or any other basis the chief executive considers relevant having regard to the purpose of chapter 2.
- A vacancy may present an opportunity to consider the design of a role, informed by workforce planning considerations and practices.
- Role descriptions should accurately reflect the requirements of the position, such as the set of skills, abilities and qualities required to undertake the position, and whether it is an identified role and/or has any mandatory conditions or qualifications.
- Role descriptions should be accessible and inclusive, and must reflect the holistic set of skills, capabilities, qualities and attributes required to undertake the position (with or without reasonable adjustments), including, for example:
- technical skills and knowledge
- leadership and strategic abilities
- ability to contribute to an entity’s cultural capability and/or culture of respect and inclusion
- mandatory qualifications and/or conditions (including any attribute(s) an applicant must possess for an identified role).
- A role evaluation for the purpose of determining the work value and applicable classification level and/or remuneration must be undertaken in accordance with the Queensland public sector job evaluation management system, unless an alternative is approved by the Commissioner.
- However, if a particular job evaluation methodology is in use in a public sector entity (that is not a public service entity) at the commencement of this directive, that existing methodology is taken to be approved by the Commissioner under this directive.
Role design and description
8. Attraction and Advertising
- Attraction and advertising occurs in the context of broader workforce planning considerations and the principles underpinning recruitment and selection as provided for under section 44 of the Act and clause 4.6.
- Attraction and advertising strategies and practices can be key to maximising diverse and quality applicant pools.
- Where relevant, a chief executive must comply with the directive relating to supporting employees affected by workplace change when filling a vacancy (that is, where that directive applies to the entity and the employees of that entity).
- Recruitment and selection processes must be undertaken in accordance with the principles underpinning recruitment and selection, as provided for in section 44 of the Act and clause 4.6, including where advertising is limited, or a person is directly appointed under clause 8.16.
- Vacancies are not required to be advertised if they are:
- entry level roles
- to be filled for a period of up to six months, subject to clause 8.6
- proposed to be filled by a public sector employee at or below level via transfer, redeployment, secondment or mobility arrangement
- to be filled as a recurring vacancy (see clause 8.19)
- for a casual role.
- A vacancy filled under clause 8.5(b) may only be filled without advertising for a further period of up to six months in exceptional circumstances. The filling of the vacancy for any additional period beyond the 12-month period must be advertised.
- A chief executive of a public service entity must comply with the additional requirements for the advertisement of, or direct employment to, a senior executive vacancy, that are prescribed in the directive on senior executive service employment conditions.
- Prior to advertising, a chief executive must consider:
- if the role is an identified role due to genuine occupational requirements
- whether targeted recruitment is appropriate (through limited advertising under the provisions of clause 8.16) to increase representation of a diversity target group/s in a public sector entity, subject to evidence of underrepresentation, such as an equity and diversity plan or audit.
- Subject to clauses 8.5, 8.16 and 8.19, vacancies must be advertised in a way that maximises quality and diverse applicant pools, including through use of inclusive advertising practices.
- At a minimum:
- a chief executive of a public service entity must advertise a vacancy for a period of 10 working days (exclusive of the Christmas to new year closure period) on the Queensland Government careers website, or in the case of vacancies for graduate roles or programs, on the relevant Queensland Government graduate portal
- a chief executive of a public sector entity that is not a public service entity must advertise a vacancy for a period of 10 working days on the entity’s public facing website or in another way approved by the Commissioner.
- A chief executive of a public service entity may decide, with the agreement of one or more other chief executives of a public service entity, to advertise a vacancy or vacancies through inter-agency advertising. For example: two chief executives agree to advertise multiple policy officer vacancies across both departments, to maximise the potential pool of applicants.
- In using inter-agency advertising under clause 8.11, a chief executive must be satisfied that the process is consistent with the principles underpinning recruitment and selection under section 44 of the Act, and that any selection decision is made in accordance with section 45 of the Act.
- The following information must be provided when a vacancy is advertised:
- a description of the duties and key capabilities against which the applicant will be assessed
- any mandatory conditions or qualifications of the position
- the location and type of vacancy (including duration of vacancy for non-permanent vacancies)
- remuneration, such as classification and/or salary range, including where a range of roles are vacant and being advertised collectively
- any pre-employment checks that may be undertaken, including criminal history screening and/or disciplinary history checks
- any probationary period which may apply
- any requirement for preferred applicants to disclose serious disciplinary history and employment as a lobbyist, and
- for identified roles, the mandatory attribute/s applicants must possess, and any required evidence of the attribute/s
- for inter-agency advertising, the public service entities and roles (including level) the applicant will be considered for.
- Further to clause 8.13, where a chief executive gives a direction under clause 7.6, the role description and/or job advertisement must include any relevant information to facilitate appropriate disclosure from applicants during the process.
- Acceptance of applications submitted after advertising closes is at the discretion of the selection panel.
- A chief executive may decide to:
- directly employ a person without advertising a vacancy
- limit the advertising of a vacancy to a specific group of applicants (including targeted recruitment).
- In determining whether to exercise their discretion under clause 8.16, a chief executive must consider:
- their obligations under the Act, including:
- maximising employment security and permanency of employment, consistent with the main purpose of the Act and how the main purpose is primarily achieved (section 3 and 4)
- the effective, efficient and appropriate management of public resources (section 177 – for chief executives of departments)
- adherence to the public sector principles (section 39)
- the attraction of a diverse workforce (section 24)
- the duty to promote equity and diversity in relation to employment matters (section 27)
- adherence to the principles underpinning recruitment and selection (section 44)
- whether a similar vacancy was advertised previously
- whether the position classification or nature (for example, fixed-term temporary to permanent) has changed, including as part of a progression scheme, or where a position classification is upgraded, and the decision maker determines that the incumbent has demonstrated that they can perform the duties to the required standard or level
- the implications of any workplace change, including whether exemption from or limited advertising will prevent the displacement of existing permanent public sector employee/s
- whether the incumbent has been seconded to or has been acting in the position for a period of 12 months or more, but is unable to be converted to that position permanently under the relevant directive, for example because they are not substantively employed in the public sector entity
- the impact, if any, on the achievement of the entity’s service delivery outcomes.
- their obligations under the Act, including:
- A chief executive must document the reasons for exercising discretion under clause 8.17, the factors considered in making the decision, and how the decision is consistent with the principles underpinning recruitment and selection under section 44 of the Act.
- A chief executive may decide to fill a vacancy as a recurring vacancy in the following circumstances:
- where a vacancy is identical to the originally advertised vacancy in terms of title, remuneration, classification level, role description, provided the employment decision is made within 12 months of the closing date of the initial vacancy
- where a vacancy is similar to a vacancy previously advertised, provided that:
- the classification level, remuneration, role requirements and key capabilities are the same as the original vacancy
- the employment decision is made within 12 months of the closing date of the initial vacancy and the advertisement identified that applications may be used to employ applicants in similar vacancies for a period of up to 12 months.
- In applying clause 8.19, an entity may fill a non-permanent recurring vacancy from a previously advertised permanent vacancy, however, may not fill a permanent recurring vacancy from a previously advertised non-permanent vacancy.
- When filling a recurring vacancy under clause 8.19, a chief executive must be satisfied that the process and selection decision is consistent with the principles underpinning recruitment and selection under section 44 of the Act.
Ability to limit advertising or directly employ a person without advertising
9. Selecting the eligible applicant best suited to the position
- Recruiting a diverse and high performing public sector workforce is enabled through fair, transparent and contemporary selection processes.
- Selection decisions must ensure that the eligible applicant best suited to the position is selected for employment, as provided for in section 45 of the Act.
- Where relevant, a chief executive must establish that a person is eligible to become a public sector employee as provided for in section 47 of the Act (that is, the person is an Australian citizen or has permission under a law of the Commonwealth to work in Australia).
- Where there are mandatory qualifications associated with a position, a chief executive must satisfy themselves of the validity of the qualification. For example, the qualification can be verified with the issuer that conferred the qualification (noting that some tertiary institutions have a qualification checking mechanism or website).
- Where a vacancy is advertised, selection processes and notification of outcomes must take place in a timely manner. To facilitate this, selection panels should be formed and selection strategies determined prior to the closing date of the vacancy advertisement.
- In determining the composition of a selection panel (which must include a minimum of two people), a chief executive must consider diversity of the panel as a key factor for successful recruitment, particularly in the context of their obligations under chapter 2 of the Act.
- The decision maker should generally not be a member of the selection panel.
- To promote integrity and diversity in recruitment, selection panels must:
- consider and declare any actual, potential or reasonably perceived conflicts of interest between each panel member and the applicants, or, the absence of such conflicts of interest
- consider elements of conscious or unconscious bias that may impact the process, including mitigation strategies
- consider how the selection process can be accessible, inclusive and culturally safe (as relevant to each circumstance and organisational context)
- provide candidate care, including through timely and regular communication with applicants
- for senior executive vacancies, include one member from outside the ministerial portfolio.
- Where a conflict of interest is declared under clause 9.8(a), the selection panel must consider and document any resolution or mitigation strategies, which must be approved by the decision maker prior to continuing with the selection process.
- When selecting the eligible applicant best suited to the position, a person undertaking a recruitment and selection process must:
- comply with any relevant direction given by the chief executive under clause 7.6
- conduct a holistic assessment of eligible applicants in the context of the role requirements and the factors provided for in section 45(2) of the Act
- clearly document why a person is assessed as being the eligible applicant best suited to the position, including a comparative assessment where there is more than one applicant in a process.
- Assessment processes for advertised positions must:
- consider contemporary and best practice selection techniques relevant to the requirements of the position and the entity’s operating context
- incorporate selection techniques that enable a sufficiently comprehensive and holistic assessment of each applicant within the context of being best suited to the position
- consider all the information before the selection panel, rather than rely or focus on one aspect of the process, such as interview performance
- incorporate referee checks and pre-employment checks as appropriate and required
- be consistent with the obligations set out in chapter 2 of the Act relating to equity, diversity, respect and inclusion.
- At a minimum, referee checking must be conducted for the applicant determined to be best suited to the position, including where a process is used to fill a recurring vacancy under clause 8.19 and where a decision is made to directly employ someone without advertising a vacancy under clause 8.16.
- At least one referee must have thorough knowledge of the applicant’s conduct and performance within the previous two years, unless there are circumstances that would make this requirement impractical (such as the referee being on extended leave) and/or a barrier for a person entering or reentering the workforce.
- A selection panel may request a cultural referee where appropriate, for example:
- for identified roles (for Aboriginal peoples or Torres Strait Islander peoples)
- for targeted vacancies (for Aboriginal peoples or Torres Strait Islander peoples), and
- for roles that will deliver services and/or have significant engagement with Aboriginal or Torres Strait Islander communities or community-controlled organisations.
- Referees must provide an honest account of an applicant’s performance and workplace conduct relevant to the role.
- Where a selection panel believes there are referees other than those nominated by the applicant who hold information relevant to the selection decision, a selection panel may contact the applicant for additional referees. Where an applicant declines, the panel must make its recommendation on the information before it.
- The selection panel must clearly document the process undertaken and the reasons why the proposed successful applicant was determined to be best suited to the position.
- In approving employment of a person, the decision maker must be satisfied that the selection panel has selected the person best suited to the position, and where applicable, the selection process complies with the Act and this directive.
- The approved selection documentation must also include a declaration from the decision maker that identifies any actual, potential or reasonably perceived conflicts of interest in relation to the process, including the applicant determined to be best suited to the position or the absence of such.
Assessment of the person best suited to the position
Documentation and decision-making requirements
10. Pre-employment checks
- High standards of governance in recruitment and selection, including determining suitability for employment, maintain the integrity of the public sector workforce.
- The timing and extent of pre-employment checks is at the discretion of the panel.
- Where relevant, pre-employment checks must be conducted in accordance with the directive relating to suitability for employment.
- Pre-employment checks, including under the directive relating to suitability for employment, may include (but are not limited to) screening for:
- criminal history (for relevant duties and prescribed duties)
- child-related duties and regulated employment (under the provisions of the Working with Children (Risk Management and Screening) Act 2000)
- serious disciplinary action
- relevant professional registration/s.
11. Dealing with adverse information
- A chief executive may obtain information that is adverse to the interests of a person’s employment as a public sector employee, including by way of referee checking and pre-employment checking (adverse information).
- Where adverse information may adversely affect a selection decision, the chief executive must:
- comply with the procedural fairness requirements in the directive relating to suitability for employment, where the adverse information is obtained by way of screening conducted under that directive, or
- provide the adverse information to the person and invite them to make submissions about the adverse information prior to the chief executive deciding whether the person is to be employed (including where the information is obtained by way of referee checking or pre-employment checking that is not conducted under the provisions of the directive relating to suitability for employment).
- A chief executive must comply with the directive relating to suitability for employment when deciding about employment in consideration of adverse information obtained by way of screening under that directive.
- When adverse information is obtained through referee checking and/or pre-employment checking that is not conducted under the provisions of the suitability for employment directive, in making a decision about employment in light of the adverse information, a chief executive must consider:
- the nature and timeframe of the adverse information and its relevance to the nature of the duties to be performed, any response provided to the chief executive by the person or the person’s representative in accordance with clause 11.2(b), and
- whether the adverse information impacts on the person’s suitability for the role.
- Where adverse information is relied upon in a way that impacts a selection decision, the information and factors considered must be documented and included as part of the selection report documentation. If relevant, this documentation may occur by way of a human rights assessment undertaken in accordance with the HR Act.
12. Post-selection matters
- All applicants are to be advised that they may request feedback from the selection panel. In cases of graduate program applicants, this requirement only extends to applicants who were interviewed.
- Applicants who request feedback must receive timely, specific and constructive feedback from a member of the selection panel. The mode of feedback is at the discretion of the panel member providing feedback, and must be reasonable in the circumstances.
- The following employment or secondment decisions must be published:
- employment of senior executives or senior officers from an advertised vacancy
- employment of a public sector executive from an advertised vacancy
- promotion of a permanent public sector employee from an advertised vacancy, including through use of the recurring vacancy provision
- employment of a person as a public sector employee on a permanent basis from an advertised vacancy, including through use of the recurring vacancy provision
- transfer or secondment of a public sector employee from an advertised vacancy.
- Notice of the employment or secondment decisions provided for in clause 12.3 must be published within one month of the decision:
- for a public service entity, in the gazette, or
- for a public sector entity that is not a public service entity, on the entity’s public facing website, or in another way approved by the Commissioner.
- For a publication under clause 12.4(b), the information published must specify the date of the publication, for purposes of determining the time limit to start an appeal.
Notification of employment
- A person may appeal against a promotion decision under section 131(1)(e) of the Act and in accordance with the relevant provisions of the directive relating to appeals.
- An appeal may not be made against a directive decision under section 131(1)(b) of the Act where it is in relation to a decision:
- to fill a vacancy as an identified role, the process for assessment and the decision about whether the mandatory attribute is held or not held
- about recruitment and selection, unless it is a decision not to:
- employ an employee requiring placement because they are assessed as unsuitable
- employ a public service employee because of their disciplinary history.
- A person may not appeal against a fair treatment decision under section 132(4)(c) of the Act relating to the recruitment or selection of a public sector employee.
14. Records and reporting
- Chief executives are required to report on the implementation of this directive as requested by the Commissioner.
15. Transitional provisions
Recruitment and selection processes in progress as at the commencement of this directive should be continued and finalised in accordance with this directive, to the extent that is possible. Where this is not possible because incompatibility arises with the directive, the person undertaking the selection process and the chief executive must ensure that the recruitment process and selection decision are consistent with the Act.
Employ (for the purpose of this directive) has the meaning provided for in section 42 of the Act.
CCE directive means a directive issued by the Commission Chief Executive under the repealed Public Service Act 2008.
Child-related duties has the meaning provided for under section 57 of the Act.
Cultural capability has the meaning provided for in section 20 of the Act.
Cultural referee means an Aboriginal person or a Torres Strait Islander person who is recognised within the community as such, and can support an applicant’s suitability for a role by:
- commenting on the applicant’s connection to culture, country, community and their lived experience for identified or targeted recruitment, or
- commenting on the applicant’s cultural capability, including an awareness of both Aboriginal and/or Torres Strait Islander cultural practices and protocols and the applicant’s ability to contribute to the cultural capability of the entity or
- commenting on the applicant’s ability to engage with Aboriginal peoples and communities or Torres Strait Islander peoples and communities, which takes into account the unique lived experiences and history of Australia’s First Nations people.
Culture of respect and inclusion has the meaning provided for in section 32 of the Act.
Decision maker includes a delegate.
Department has the meaning provided for under section 10 of the Act.
Diversity target group has the meaning provided for under section 25 of the Act.
Entry level roles, in relation to the Queensland Public Service Officers and Other Employees Award – State 2015 (QPSOOEA) are those roles at classification levels 1 and 2 of the administrative, technical, professional and operational streams. A role at classification level 3 of the operational stream may also be considered entry level where the role does not represent a career path for staff of the agency and the role has no supervisory responsibility.
In relation to other industrial instruments, entry level roles are the lowermost classification level of a specific stream or classification structure, provided that the base superannuable salary of that classification level (not including loading or allowances) does not exceed the equivalent of AO5(4) of the QPSOOEA.
For roles that exceed the salary equivalent of AO5(4) of the QPSOOEA, entry-level roles are the base classification level or levels determined by the chief executive and approved by the Commissioner.
Gazette is the Queensland Government Gazette.
Graduate is a person who has recently been recognised by a university as having completed the requirements of a bachelor degree or higher degree.
Graduate development program is a formal program designed for the recruitment, selection and development of graduates. The program is operational for a minimum of 12 months and is considered a workforce planning strategy to attract and retain graduate skills.
Graduate role is a role up to and including the AO4 classification level (or equivalent) designated by a chief executive officer to be filled by a graduate.
Identified role is a role where the employer deems a person with a particular attribute is required to fill the role due a genuine occupational requirement, based on section 25 of the Anti-Discrimination Act 1991 (AD Act).
Mandatory conditions are inherent requirements of the role and can include certain classes of drivers’ licence, statutory restrictions, any requirement for the person employed in the position to undertake regular travel etc.
Mandatory qualification means a qualification that is essential for the occupant of a role to hold to comply with an industrial instrument or to satisfy legal, accreditation or registration requirements or where a chief executive determination has been made. A chief executive may make a determination in relation to any role within their agency, provided that before making a determination (and where applicable) the chief executive consults with any agencies that have roles identical or substantially similar.
Prescribed duties has the meaning provided for in section 63 of the Act.
Promotion decision means a decision to promote a public sector employee employed on a permanent basis (section 129 of the Act).
Public sector executive has the same meaning provided for in schedule 2 of the Act, that is “a public sector employee mentioned in section 12(1)(b) whose remuneration is at least the remuneration of a senior officer and who is a non-industrial instrument employee”.
Reasonable adjustments means adjustment to a role or workplace to ensure that a term imposed on a person is not unreasonable and amount to indirect discrimination on the basis of a particular attribute, as provided for under section 11 of the AD Act.
Reframing entity has the meaning provided for in section 20 of the Act.
Regulated employment has the meaning provided for in schedule 2 dictionary of the Act.
Relevant duty has the meaning provided for under section 50 of the Act.
Role evaluation means an evaluation to determine the work value and applicable classification level of a role. A role evaluation is not required to be undertaken for levels 1 and 2 of the professional and technical streams as these levels exist for the purpose of fulfilling education and training requirements prior to employment at the level of practising professional or technical officer.
Selection panel means the person or persons responsible for conducting the recruitment and selection process, including assessment of applicants and making a recommendation about employment to the decision maker.
Senior executive has the meaning provided for in schedule 2 of the Act.
Senior officer has the meaning provided for in schedule 2 of the Act.
Serious disciplinary action has the meaning set out in section 70 of the Act.
Targeted recruitment is a process that relies on the concept of equal employment opportunity measures under section 105 of the AD Act to enable a chief executive to limit advertising, and therefore an applicant pool, for a particular role to people with a particular attribute.
This material does not form part of the directive but may assist in the interpretation and application of the directive.