Public Service Act 1999

The APS is a career‑based public service that:

makes fair employment decisions with a fair system of review; and

recognises that the usual basis for engagement is as an ongoing APS employee; and

makes decisions relating to engagement and promotion that are based on merit; and

requires effective performance from each employee; and

provides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued; and

provides workplaces that are free from discrimination, patronage and favouritism; and

recognises the diversity of the Australian community and fosters diversity in the workplace.

For the purposes of paragraph (1)(c), a decision relating to engagement or promotion is based on merit if:

all eligible members of the community were 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 decision.

Commissioner’s Directions may determine the scope or application of the APS Employment Principles (see subsections 11A(2) and (3)).