We know it has been a tough year and hope all members have the opportunity to take a moment to reflect on the outstanding contribution you made to NSW by keeping the Courts open.

We know that you’re under workload strain at the moment, particularly if you are working in areas subject to additional restrictions.

Part of being there for our members is sharing information. The PSA often receives enquiries around recruitment practices.  Recruitment in the NSW Public Service is governed by a legal framework that includes:

•  Government Sector Employment Act 2013 (GSE Act)

The GSE Act establishes an ethical framework where recruitment and promotion of employees is on the basis of merit. It also enables the employment and assignment of senior executives across the NSW Public Service (Division 4 of Part 4) and non-executives (Division 5 of Part 4) in the Public Service.

•  Government Sector Employment (General) Rules 2014 (GSE Rules)

The GSE Rules set out the legal requirements for recruitment, particularly Part 3 on the merit principles that apply to employment decisions in the Public Service.

We have reproduced some of those rules for your reference below.

16   Merit principles to be applied in employment decisions

• Any employment decision relating to a role in the Public Service is to be based on an assessment of the capabilities, experience and knowledge of the person concerned against the pre-established standards for the role to determine the person best suited to the requirements of the role and the needs of the relevant Public Service agency.

20   Ongoing employment

• The following decisions must be based on a comparative assessment after external advertising—

(a)  the decision to employ a person in ongoing employment in a particular classification of work or band and the initial assignment of the person to a role in that classification or band,

(b)  any subsequent decision to employ the person in a different classification of work or in a different band and the initial assignment of the person to a role in that classification or band.

21   Temporary or term employment for up to 12 months

• The decision to employ a person in temporary or term employment for a period of up to 12 months must be based on either a suitability assessment or a comparative assessment.
• If the person is employed in temporary or term employment on the basis of a suitability assessment, the person cannot continue in that employment after 12 months unless the person does so on the basis of a comparative assessment after advertising across the Public Service. In such a case, action to undertake the additional requirements of a comparative assessment should commence not later than 9 months after the commencement of the person’s temporary or term employment.

22   Temporary or term employment for more than 12 months

• The decision to employ a person in temporary or term employment for a period of more than 12 months must be based on a comparative assessment after advertising across the Public Service. This rule does not prevent any additional form of advertising from also being used for the purposes of the comparative assessment.

 

If you have concerns about recruitment practices, please contact us:

Member Support Centre – 1300 772 679, or

Alex Sala (PSA Organiser) –

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