Review findings, decisions and recommendations
The MPC can make findings and recommendations to improve and uplift capability in recruitment
Findings and recommendations
At the completion of a review the MPC must determine whether the selection process meets the:
- elements of the merit principle as defined in section 10A of the Public Service Act 1999 and
- requirements of a merit-based recruitment in the APS Commissioner’s Directions 2022
The table below explains the possible outcomes of a review. The MPC will provide the agency with a report that includes reasons for its decision and, if appropriate, suggestions for improvement.
| Review findings | Decision and recommendations |
|---|---|
| Selection exercise is merit based | If the selection process is found to have met the requirements of the merit principle and the Commissioner’s Directions, a report will be provided to the Agency Head. The promotion can proceed. Any merit pool, ranked merit pool or merit list can be used. |
| Selection exercise is not merit based but the outcome not materially different | If the selection process is not compliant, however the MPC finds the outcome would not have been materially different, the promotion decision can proceed, and the merit pool or list can be used for further appointments. The report will make recommendations for improvement. |
| Selection exercise is not merit based and the outcome is materially different |
If the non compliance is serious and was material to the outcome, the promotion decision is not able to proceed. This decision is binding on the Agency Head. The MPC must recommend the selection process should not be used to fill any other vacancy and any merit pool, ranked merit pool or merit list should not be used on or after the day the report is given to the Agency Head. The MPC can recommend
|
What is ‘materially different’
In the context of a promotion review, it is when the MPC have found an issue or an error in the recruitment process but the error or issue did not influence the outcome. In that case, the issue or error was not material to the outcome.
Whether or not an error has made a material difference to an outcome will depend on the scale, impact and nature of the non-compliance (which resulted in the finding that the selection process was not merit-based). The MPC must decide whether the promotion decision could realistically have been different if the error had not occurred.
Our regulatory approach recognises that it is not necessary to take action for every error or concern identified in a review. Rather, wherever possible, we will focus on building capability and service improvement.
Does an Agency Head have to accept a recommendation?
An Agency Head is responsible for making sure the MPC findings, decisions and recommendations are followed, and any process improvements are made. If an Agency Head does not accept a recommendation they must provide the MPC with reasons why.
If an Agency Head does not accept a recommendation the MPC must notify the APS Commissioner that it was not accepted and provide the reasons given by the Agency Head for not accepting the recommendation.