Merit selection procedure This is a mandated procedure under the operational policy framework. Any edits to this page must follow the process outlined on the creating, updating and deleting policies page.

Overview The department’s vision of building a world-leading education system relies on selecting the very best person for each role. Merit based selection is an important part of achieving this vision.

The decision to employ an individual is important and a significant financial commitment. Getting recruitment right by selecting candidates best suited to the role’s requirements and the values of the organisation is essential to make sure our workforce can deliver on the priorities for children and young people.

The Public Sector Act 2009 (PS Act) and Public Sector Code of Ethics provides the frameworks for effectively and fairly employing and managing public sector employees. The principles of the PS Act must be applied in all recruitment and selection practices. They require public sector employees to act fairly, justly and reasonably, prevent unlawful discrimination and avoid conflicts of interest, nepotism and patronage (refer to the definitions section).

This procedure:

• recognises the need for effective selection processes that meet a range of organisational needs

• aims to provide flexibility within a broad framework of accountability

• supports successful selection outcomes through direction and guidance.

Scope This procedure applies to recruitment and selection for the following vacancies:

• school and preschool based leadership and seconded appointments under section 106 of the Education and Children’s Services Act 2019 (SA), including:

o Band A leader

o Band B leader

o Seconded Teacher (STL)

• corporate appointments under section 45 of the Public Sector Act 2009 (SA), including:

o Administrative Services Officer (ASO)

o Manager Administrative Services (MAS)

o Allied Health Professional (AHP)

o Legal Officer (LE)

https://edi.sa.edu.au/the-department/policies/culture-and-values/create-update-and-delete-policies
https://legislation.sa.gov.au/LZ/C/A/PUBLIC%20SECTOR%20ACT%202009.aspx
https://www.publicsector.sa.gov.au/hr-and-policy-support/code-of-ethics/files/OCPSE-CodeofEthics-25072023.pdf
https://www.legislation.sa.gov.au/LZ/C/A/EDUCATION%20AND%20CHILDRENS%20SERVICES%20ACT%202019.aspx
https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FPUBLIC%20SECTOR%20ACT%202009

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o Operational Services (OPS)

o Professional Officer (PO)

• corporate appointments under section 121 of the Education and Children’s Services Act and Part 7 of the Public Sector Act

• school and preschool based ancillary appointments under section 121 of the Education and Children’s Services Act, including:

o School Services Officer (SSO)

o Aboriginal Education Worker (AEW)

o Early Childhood Worker (ECW)

• school and preschool based ancillary appointments under common law, including positions classified as government services employees (GSE).

Filling of PS Act vacancies as covered by this procedure should be read in conjunction with the requirements contained in the Commissioner’s Determination 1 and the Direction of the Premier of South Australia: Recruitment.

Ancillary vacancies in schools and preschools should be read with the following policies, which provide direction on principles and requirements and describe relevant processes:

• recruitment and selection of ancillary staff in schools and preschools policy (PDF 222KB)

• recruitment and selection of ancillary staff in schools and preschools procedure (PDF 815KB).

This procedure does not apply to:

• hourly paid instructors and swimming and aquatic instructors

• positions under the SA Executive Service (SAES) and senior positions under section 121 of the Education and Children’s Services Act as described in the Management of SAES executive and senior Education and Children’s Services Act section 121 positions policy.

• any vacancy filled via Public Sector Regulations 2010 – Regulation 17

• teaching vacancies in schools and preschools. Those vacancies are covered by the:

o recruitment and selection of teaching staff in preschools policy (PDF 573KB)

o recruitment and selection of teaching staff in preschools procedure (PDF 1.2MB)

o recruitment and selection of teaching staff in schools policy (PDF 609KB)

o recruitment and selection of teaching staff in schools procedure (PDF 733KB).

https://www.publicsector.sa.gov.au/hr-and-policy-support/Determinations,-Premiers-Directions-and-Guidelines/Determinations#accordion-207205-1
https://www.publicsector.sa.gov.au/hr-and-policy-support/Determinations,-Premiers-Directions-and-Guidelines/premiers-directions#accordion-202522-2
https://www.publicsector.sa.gov.au/hr-and-policy-support/Determinations,-Premiers-Directions-and-Guidelines/premiers-directions#accordion-202522-2
https://www.education.sa.gov.au/__data/assets/pdf_file/0003/257907/policy-for-the-recruitment-and-selection-of-ancillary-staff-in-schools-and-preschools.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-ancillary-staff-in-schools-and-preschools-procedure.pdf
https://edi.sa.edu.au/library/document-library/controlled-policies/management-of-saes-executive-and-senior-education-and-childrens-services-act-section-121-positions-policy
https://edi.sa.edu.au/library/document-library/controlled-policies/management-of-saes-executive-and-senior-education-and-childrens-services-act-section-121-positions-policy
https://legislation.sa.gov.au/LZ/C/R/PUBLIC%20SECTOR%20REGULATIONS%202010.aspx
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-preschools-policy.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-preschools-procedure.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-schools-policy.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-schools-procedure.pdf
https://edi.sa.edu.au/library/document-library/controlled-policies/recruitment_teaching_schools_policy.pdf
https://edi.sa.edu.au/library/document-library/controlled-policies/recruitment_teaching_schools_policy.pdf

Merit selection procedure January 2025 | 3

Contents Merit selection procedure ............................................................................................................................. 1

Overview ................................................................................................................................................... 1

Scope ......................................................................................................................................................... 1

Detail ......................................................................................................................................................... 5

Definition of ‘merit’ ................................................................................................................................ 5

Good practice in merit selection............................................................................................................. 5

Merit selection training .......................................................................................................................... 6

Applications and eligibility to apply for vacancies ................................................................................... 6

Members of the selection panel ............................................................................................................. 6

Pre-employment screening .................................................................................................................... 8

Applicant disclosures.............................................................................................................................. 8

Late applications .................................................................................................................................... 8

The selection process ............................................................................................................................. 9

Reference checks ................................................................................................................................. 11

Confidentiality ..................................................................................................................................... 11

Finalising a selection process................................................................................................................ 11

Revisiting a merit selection process ...................................................................................................... 12

Merit review ........................................................................................................................................ 12

Exceptions to a standard merit selection process ................................................................................. 14

Roles and responsibilities ......................................................................................................................... 15

Chief Executive, Executive Director, People and Culture, and Director, Employee Relations ................. 15

People and Culture Division ................................................................................................................. 16

Chairperson of selection panels............................................................................................................ 16

Site leaders and managers ................................................................................................................... 16

Panellists .............................................................................................................................................. 16

Applicants ............................................................................................................................................ 16

Referees............................................................................................................................................... 17

Definitions ............................................................................................................................................... 17

ancillary staff ....................................................................................................................................... 17

diversity ............................................................................................................................................... 17

Merit selection procedure January 2025 | 4

merit .................................................................................................................................................... 17

merit principle ..................................................................................................................................... 17

nepotism.............................................................................................................................................. 17

patronage ............................................................................................................................................ 18

promotional position ........................................................................................................................... 18

Supporting information ............................................................................................................................ 18

Related legislation ................................................................................................................................ 18

Related policies .................................................................................................................................... 18

Record history.......................................................................................................................................... 19

Approvals ............................................................................................................................................. 19

Revision record .................................................................................................................................... 19

Contact .................................................................................................................................................... 20

Merit selection procedure January 2025 | 5

Detail The reputation and performance of the public sector depends on the quality of the people it employs. Therefore, selection decisions must be based on a proper assessment of merit.

The use of selection panels are a great way to ensure the entire selection process is fair and equitable. The panel’s role is to identify and recommend to the Chief Executive, or delegate, the applicant(s) who best meets the role requirements and can demonstrate the necessary experience, technical expertise and capabilities outlined in the role description.

The final appointment decision rests with the Chief Executive, or delegate. Departmental positions holding delegated authority for such decisions are contained in the department’s human resource (HR) delegations. Selection decisions must be fair, transparent and based on a relative assessment of merit after considering relevant information from a range of sources. The selection methods used will depend on the position and its requirements and will assess capabilities and experience genuinely related to the position.

Definition of ‘merit’ A merit based selection process is a transparent recruitment selection process assessing candidates’ abilities, aptitude, skills, qualifications, knowledge, experience, potential for development and personal qualities relevant to the carrying out of the required duties. Merit based selection processes should be open, competitive and free of bias, unlawful discrimination, nepotism and patronage. Decisions must be capable of objective review and external scrutiny.

To meet the requirements of a merit based selection, for vacancies greater than 12 months, the process must:

• be advertised on I WORK FOR SA, and/or

• use other processes as approved by the Commissioner for Public Sector Employment, as outlined in Determination 1, for public wide employment opportunities (an example of this is the Aboriginal Employment Register), and

• involve completing a referee check(s).

In addition to meeting the minimum requirements of merit, the following processes must be undertaken prior to finalising a recruitment and selection process:

• use of a pre-employment declaration, and

• completion of relevant pre-employment screening.

Good practice in merit selection Good practice in merit selection is supported by:

Ethics – All behaviour and decision making must be in line with the Code of Ethics for the SA public sector.

Fairness – Panellists must treat applicants fairly throughout the process, being impartial and unbiased. Special consideration or process modifications may be required for some applicants to ensure equitable

https://edi.sa.edu.au/hr/for-individuals/work-conditions/acts-awards-and-agreements/hr-delegations
https://www.publicsector.sa.gov.au/hr-and-policy-support/ethical-codes/code-of-ethics

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participation and assessment.

Diversity – Panellists must recognise, respect and value differences. Fostering diversity ensures the public sector is representative of the community it serves and brings a range of perspectives, experiences and opportunities to its work. Employment opportunities must be available to all.

No discrimination – It’s unlawful to treat someone less favourably based on a real or presumed characteristic, as defined in relevant legislation.

Freedom from nepotism and patronage – Nepotism, patronage and conflicts of interest must be explored, managed and avoided. Refer to the definitions section.

Merit selection training It is strongly recommended that the people involved in the recruitment selection process (ie panel members) undertake merit selection training prior to being involved in this process. Unconscious Bias training is also recommended to prevent unknown bias impacting a panel members decision. Panel members should familiarise themselves with the relevant procedures and supporting resources outlined in the plink merit selection training (staff login required).

Applications and eligibility to apply for vacancies Pursuant to Commissioner’s Determination 1, for a selection outcome to be considered a merit appointment, vacancies must be advertised on I WORK FOR SA vacancy platform.

All applicants must have access to consistent information. If the applicant requires the information in an alternative format or requires reasonable adjustments to support their participating in an interview, this must be accommodated wherever possible. They should also be able to discuss the vacancy with a nominated contact person if they choose.

Before advertising, the hiring delegate (ie panel chairperson) must make sure the position description and selection criteria is clearly defined, relevant and up to date.

See Classification procedure (PDF 617KB) and Remuneration procedure (PDF 605KB) (staff login required) for further information.

Informing applicants about pre-employment checks and eligibility requirements in the position description and advertisement helps them to know if they’re suitable for the role.

Vacancies may be either open to internal applicants only (public sector employees) or also open to external applicants, as stipulated in the vacancy advertisement.

See recruiting staff (staff login required) for further information.

Members of the selection panel It is best practice in recruitment processes for a selection panel to be formed to determine which applicant(s) are most suited to fill a vacancy or vacancies. Where a panel is formed as part of the selection process, selection panels should include people with expertise and diversity relevant to the site, workgroup

https://www.plink.sa.edu.au/ilp/pages/internal-dashboard.jsf?menuId=11111166&locale=en-GB&showbundlekeys=false#/?dashboardId=7
https://iworkfor.sa.gov.au/
https://edi.sa.edu.au/library/document-library/controlled-procedures/classification-procedure.pdf
https://edi.sa.edu.au/library/document-library/controlled-procedures/remuneration-procedure.pdf
https://edi.sa.edu.au/hr/for-managers/recruiting-staff

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or vacancy needs.

The hiring delegate (chairperson) should convene a selection panel that can conduct an equitable, fair and merit-based process. They should follow the guidance on the merit and local selection panel processes for vacancies page to ensure the size of the panel, and who it includes is appropriate to the vacancy.

The chairperson is generally the line manager of the role and must be of a higher classification level than the vacancy. The Chief Executive or delegate retains the right to nominate an alternative chairperson for a selection process.

Conflict of interest declaration Conflicts of Interest must also be identified in recruitment processes.

All people involved in the recruitment selection decision (including any external panel members) must complete a conflict of interest declaration on receipt of all applications and prior to their first meeting to discuss applicants; regardless of whether there is, or is not, a conflict of interest. A declaration of conflict of interest – recruitment and selection form (PDF 247KB) (staff login required) has been developed for this purpose.

Note: if the vacancy is being managed in the Vacancy Selection and Placement (VSP) System, a declaration that there is no conflict of interest can be recorded in the system. The form only requires completion, and attaching to VSP, where a conflict of interest has been declared.

A panel member must not be on the selection panel where they have a conflict of interest which involves the following:

• A family member; or

• A close personal friend, including work colleagues where the relationship is more than a professional connection; or

• An unfriendly relationship and a reasonable person would perceive that this would impact the panel member’s ability to be objective; or

• An extraneous interest in the result of the recruitment process (and they should not attempt to influence recruitment decisions).

A panel member who has a conflict of interest (other than the above) but, believes they are able to act impartially and objectively should allow the panel to collectively decide whether they are able to be involved.

If the panel agrees that the identified conflict of interest can be managed, a management plan developed in consultation and agreed by the panel chairperson must be documented on the declaration form.

If a conflict of interest has been declared and cannot be managed, the panel member must exclude themselves and no further action should be undertaken with the recruitment and selection process by the panel member. The decision also needs to be documented.

Further to this if a preferred applicant’s nominated referee receives funding from the department or is in a position to influence funding decisions, the panel should request an alternate referee be provided by the applicant. Any conflict of interest in this regard must be documented in the panel report.

https://edi.sa.edu.au/hr/for-managers/recruiting-staff/filling-corporate-vacancies/merit-selection-process-and-training
https://edi.sa.edu.au/hr/for-managers/recruiting-staff/filling-corporate-vacancies/merit-selection-process-and-training
https://edi.sa.edu.au/library/document-library/people-and-culture/employee-relations/filling-corporate-vacancies/declaration-of-a-conflict-of-interest-form-recruitment-and-selection.pdf
https://edi.sa.edu.au/library/document-library/people-and-culture/employee-relations/filling-corporate-vacancies/declaration-of-a-conflict-of-interest-form-recruitment-and-selection.pdf

Merit selection procedure January 2025 | 8

See conflict of interest policy (PDF 612KB) (staff login required) and associated recruitment policies and procedures for further guidance to help you understand this requirement.

Pre-employment screening The reputation and performance of the public sector depends on the quality of the people it employs. Employment should not be based solely on the skills and experience of individuals but must also take into account their character and past behaviour.

Therefore, before recruitment decisions are made, steps must be taken to confirm the identity, quality and integrity of potential employees which are thorough in reference and background checks. This information must be taken from candidates during a selection process. It must be appropriately considered before making a decision to recommend an applicant for appointment or make them an offer of employment.

For further guidance refer to the:

• screening and suitability – (child safety) policy (PDF 228KB)

• screening and suitability – (child safety) procedure (PDF 197KB).

Applicant disclosures Applicants must provide accurate information to selection panels and follow any instructions outlined in the advertisement of a vacancy or by the panel. When requested, relevant conduct and performance matters must be disclosed Disclosures of past or current misconduct, investigation or underperformance are maintained confidentially (usually by the chairperson) in the first instance.

If the panel chair believes that the disclosure is not relevant to the vacancy or an applicant is not shortlisted, information should not be disclosed to other panellists.

If the disclosure is relevant and the applicant is shortlisted, the information should be disclosed and discussed with the other panellists and be considered in the selection decision.

The Employee Relations Unit can give advice to the panel chair on whether the disclosure is relevant. Email education.ECU@sa.gov.au.

Where an applicant discloses a disability, the chairperson should seek advice on how they can make the reasonable adjustments required to ensure an equitable selection process for the candidate. The Equity, Diversity & Inclusion team can provide information and resources on these adjustments.

Email – inclusion@education.sa.gov.au

Late applications It is at the chairperson’s discretion whether late applications are accepted following the vacancy closing date. The chairperson should consider the particular circumstances of the applicant, for example, illness of the applicant or a person they’re caring for, or other extenuating commitments that have impacted on the applicant’s ability to meet to closing date. The chairperson must consider the reasons for the late application and ensure that equity is applied across any or all late applications, when deciding whether it will be

https://edi.sa.edu.au/library/document-library/controlled-policies/conflict-of-interest-policy.pdf
https://www.education.sa.gov.au/policies/shared/screening-and-suitability-child-safety-policy.pdf
https://www.education.sa.gov.au/policies/shared/screening-and-suitability-child-safety-procedure.pdf
mailto:education.ECU@sa.gov.au
mailto:inclusion@education.sa.gov.au

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accepted.

Once the application has been accepted, it is to be treated in the same way as other applications.

Applications with a postmark or email date before the closing time for applications must be accepted.

The selection process

Shortlisting Shortlisting applicants is based on the degree to which an applicant meets the essential criteria. Desirable selection criteria should only be used in the final selection stages to decide between applicants who meet the essential minimum requirements to the same degree.

A decision may be made not to shortlist one or more applicants where they do not meet the essential minimum requirements, either at all or to the same degree as other applicants.

It’s the applicant’s responsibility to provide relevant information as part of the recruitment process, including any reasonable workplace adjustments necessary to support them to perform the required duties of the position All applicants must be considered including their transferable skills, experience and potential for development. This means considering applications in their entirety.

A flexible approach to gathering information should be adopted to enable Aboriginal or Torres Strait Islander people to demonstrate their knowledge and skills before determining shortlisted applicants. A flexible approach may include:

• The option of extending timeframes associated with the recruitment stages (eg accepting a late application or offering an alternate interview date to recognise cultural or community obligations)

• Structure interview style to allow for storytelling and open-ended responses to increase optimal participation and culturally respectful communication.

• the option of conducting referee checks prior to shortlisting to determine applicant capabilities and potential to undertake the role

• Shortlisting applicants who identify as Aboriginal or Torres Strait Islander who meet most of the essential minimum requirements.

A flexible approach to gathering information and assessing applicant suitability should also be extended to applicants who disclose a disability to accommodate accessibility requirements or other reasonable adjustments at various stages of the selection process.

At this point in the process verification of eligibility for employment in the SA government (including appropriate residency and work visa requirements, and employment exclusion dates) is to occur as well as ensuring that the application shows they meet any eligibility requirements stated in the position description.

Applicants already in the role, or who have been or are in an equivalent role

It is encouraged that any applicants who are working in the advertised role, are currently working in an equivalent role, or have done so previously, are shortlisted.

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It’s open not to take this approach where:

• the applicant has only worked in the advertised role for a short time

• the equivalent role experience is not recent

• the application does not demonstrate capability to the level of other shortlisted applicants, or

• there are known performance issues.

Interviews Interviewing is the most commonly used selection technique and if used appropriately can be a sound and valid predictor of work performance. However, conducting interviews is not mandatory if other selection assessments can accurately assess each applicant’s ability to perform the role.

In some instances more than one interview may be appropriate. In other instances a decision may be made not to conduct an interview and rely on other selection tools. Where interviews are part of the selection process, applicants must be given sufficient notice. At least 2 working days to attend is good practice.

If an applicant cannot attend an interview for a justifiable reason, such as illness, alternative arrangements may be negotiated. If alternative arrangements cannot be negotiated, a decision may be made to get information from other sources, such as referee checks. This information can help assess an applicant’s suitability for the role.

Other selection tools A flexible approach should be adopted to gathering information from applicants. For information about other available selection tools refer to merit and local selection panel processes for vacancies (staff login required).

Applicant pools The Chief Executive (or delegate) may establish pools of applicants to fill vacancies on the basis of merit.

Using a pool enables the department to source applicants and assess their suitability without advertising each time a vacancy arises, resulting in a number of benefits particularly when recruiting to roles that are:

• one of several similar roles

• likely to be filled again within the next 12 months

• in a skills shortage area, and/or

• casual employment periods.

When used effectively, applicant pools create a talent pipeline and may assist in reducing the time to fill a vacancy as registered candidates have already undergone a selection process.

For more information contact People and Culture at:

• education.HR@sa.gov.au – for school and preschool based vacancies, or

• education.HRCorporate@sa.gov.au – for corporate vacancies.

https://edi.sa.edu.au/hr/for-managers/recruiting-staff/filling-site-vacancies/recruiting-teachers/merit-selection-process-and-training#guidance-notes
mailto:education.HR@sa.gov.au
mailto:education.HRCorporate@sa.gov.au

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Reference checks Under the Premier’s Direction for Recruitment and Commissioner’s Determination 1, reference checks are a mandatory requirement of the merit selection process.

Reference checks are essential to get information from someone who has direct personal knowledge of an applicant’s experience, skills, knowledge and personal qualities. Reference checks can be made at any time during the selection process. In most cases, references should be obtained from a current or most recent line manager. If the applicant has not nominated their current/recent line manager, contact may be made with the line manager or other relevant referee. Although permission from the applicant is not required before obtaining the reference, their views should be considered.

Questions asked of referees should be developed to gain information about the individual applicant’s capability to carry out the role’s requirements and their potential for further development. This means that different questions may be asked to referees based on what they have observed during the selection process.

When providing reports, referees must provide a fair and balanced comment on an applicant and truthfully disclose relevant information.

Confidentiality The integrity, confidentiality and security of information must be ensured during and after the selection process.

The application process must not be used to collect information about applicants unless it’s directly relevant to assessing their suitability for the vacancy they applied for.

Finalising a selection process After appropriately considering the applicants, a provisional recommendation will be made to the delegate. Several recommendations can be made if there’s more than 1 role or suitable candidate.

Recommended applicants must bring the capabilities required to perform the role, be suitable for the role and be ranked in order of merit. At this stage, verification of any required licences and qualifications should be undertaken.

Where a selection panel is involved in the recruitment process, it is preferable for all selection panel members to agree on the preferred applicant or applicants. If they cannot all agree, the member or members who disagree with the majority of the panel can prepare a minority report.

The Chief Executive or delegate will use all the information from the panel to make a decision. In some circumstances, the panel chairperson may also hold the appropriate delegations and may finalise the recommendation.

If the Chief Executive or delegate (which could be the chairperson) approves the recommendation, the recommended applicants can be informed. All other applicants must then be notified of the outcome in writing.

https://www.publicsector.sa.gov.au/hr-and-policy-support/Determinations,-Premiers-Directions-and-Guidelines/premiers-directions#accordion-202522-2
https://www.publicsector.sa.gov.au/hr-and-policy-support/Determinations,-Premiers-Directions-and-Guidelines/Determinations#accordion-207205-1

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The panel report is used in reviews as well as to document the process and provide feedback to applicants. The report must also include the reasons for including or excluding an applicant for further consideration. It must clearly outline that all applicants were appropriately considered.

Panel documents including panellists’ notes may be referenced in a process review. The State Records Act 1997 (SA) requires that all panel information is kept for 2 years. Refer to disposal of records (staff login required) for more information.

Applicants should be advised of the opportunity to receive feedback on their participation and performance during the selection process if they wish. This advice should include who they can seek this feedback from. Feedback should:

• be objective with reference to the role description,

• focus on where the applicant could not demonstrate that they met the selection criteria to the degree of the higher rated applicant(s); and

• not advise or involve specific details about other applicants.

Revisiting a merit selection process At times, there are circumstances in which the same or similar vacancy becomes available following the conclusion of the original process. For example, the recommended candidate may later decline an offer of employment, may vacate the position following commencing in the department or a vacancy for the same or similar position may become available. In such circumstances, the relevant delegate may decide to either:

• readvertise the vacancy

• revisit the panel report and offer the newly vacated position to the other recommended candidates (by ranking order) or

• seek to identify suitable candidates via alternative means.

In most cases, in order to revisit the talent pool for a vacancy, the original merit selection process should have been conducted within a 12-month period unless extenuating circumstances apply. An addendum (for example, minute or email) to the original panel report summarising the re-appointment process should be completed.

For more information contact People and Culture at:

• education.HR@sa.gov.au – for school and preschool based vacancies, or

• education.HRCorporate@sa.gov.au – for corporate vacancies.

Merit review Some vacancies, as outlined below, allow unsuccessful applicants, who are public sector employees, to ask for a review of the process. In some cases, a review process may find serious irregularities in the process undertaken. This could mean the selection process has to start again.

https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FSTATE%20RECORDS%20ACT%201997
https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FSTATE%20RECORDS%20ACT%201997
https://edi.sa.edu.au/operations-and-management/reporting-data-and-records/records-management/working-with-records/storing-and-destroying-records
mailto:education.HR@sa.gov.au
mailto:education.HRCorporate@sa.gov.au

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Public Sector Act vacancies and vacancies to which part 7 of the Public Sector Act applies Part 7 (division 4) of the Public Sector Act 2009 (SA) and part 5 (Division 5) of the Public Sector Regulations 2010 (SA) set out review rights for the following vacancies:

• corporate appointments made under the Public Sector Act

• corporate appointments under section 121 of the Education and Children’s Services Act

• school-based ancillary appointments under section 121 of the Education and Children’s Services Act:

o School Services Officer (SSO)

o Aboriginal Education Worker (AEW)

o Early Childhood Worker (ECW).

Internal reviews Reviews of applicable selection processes are based on whether:

• the successful applicant was not eligible for appointment

• the processes were affected by nepotism or patronage (refer to definitions section) or were not properly based on assessing applicants’ merits

• there was some other serious irregularity in the processes.

If an internal review identifies a serious irregularity in the selection process, the reviewer may recommend that the selection process should start from the beginning or from some later stage of the process. An internal reviewer has no authority to overturn the decision of a panel.

Internal review requests must be submitted within 7 calendar days after the day of notification of the decision. Complete the online request for internal review of selection process form or email education.ECU@sa.gov.au.

External reviews The Public Sector Act (section 62) also allows an employee aggrieved by an employment decision that directly affects them to apply to the South Australian Employment Tribunal for review of the decision.

Education and Children’s Services Act promotional vacancies, seconded teachers and government service employees

Internal reviews Departmental employees who are applicants for vacancies greater than 12 months can lodge a request for an internal review of the selection process. The grounds for review are limited to concerns of serious irregularities in the selection process (including nepotism or patronage) that may have impacted the outcome. The right of review does not include a review of the respective merit of applicants.

https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FPUBLIC%20SECTOR%20ACT%202009
https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FPUBLIC%20SECTOR%20ACT%202009
https://www.legislation.sa.gov.au/LZ/C/R/Public%20Sector%20Regulations%202010.aspx
https://www.legislation.sa.gov.au/LZ/C/R/Public%20Sector%20Regulations%202010.aspx
https://edi.sa.edu.au/forms/request-for-internal-review-of-selection-process
mailto:education.ECU@sa.gov.au

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Internal review requests must be submitted within 7 calendar days after the day of notification of the decision. Complete the online request for internal review of selection process form or email education.ECU@sa.gov.au. The internal review request is determined by the Executive Director, People and Culture (or delegate).

If an internal review for promotional vacancy identifies a serious irregularity in the selection process that may have impacted the outcome, the Chief Executive or delegate may determine that a new selection process is undertaken. Findings of serious irregularities for other vacancies may result in the Chief Executive or delegate appointing another applicant or directing that the selection process should start from the beginning or some later stage of the process.

External reviews A limited right of external review to the South Australian Employment Tribunal (SAET) applies to Education and Children’s Services Act promotional level positions (made under section 106).

Under section 124(6), external review provisions apply where the Chief Executive or delegate does not appoint an applicant from the provisional recommendation of the selection panel. In this case, an application for review under section 124 must be made within 14 days of notification of the decision. It can only be made by the employee who was the panel’s provisional recommendation but was not appointed.

To avoid doubt, external reviews do not apply to Education and Children’s Services Act promotional positions where:

• there’s no selection panel

• an employee is appointed to a position in an acting capacity for a period not exceeding 12 months

• an employee is appointed to a position in an acting capacity for a period of 12 months or more but less than 2 years in circumstances determined by the Chief Executive (or delegate)

• an employee is transferred between positions in the teaching service

• the basis on which an employee is engaged is changed (for example, if they went through a merit based selection process to fill a role on a term basis and they are converted to ongoing) and they will continue to perform the same or similar duties of the original role

• the Chief Executive or delegate determines that there are special circumstances.

Exceptions to a standard merit selection process There are limited number of instances when a delegate may decide not to follow a merit-based selection process.

For Public Sector vacancies and vacancies to which Part 7 of the Public Sector Act applies, such instances are prescribed under Regulation 17 of the Public Sector Regulations 2010 (SA) . These exceptions include:

• transfers between agencies at the same classification level

• backfilling for the temporary absence of another employee or while a selection process is being conducted

https://edi.sa.edu.au/forms/request-for-internal-review-of-selection-process
mailto:education.ECU@sa.gov.au
http://www.saet.sa.gov.au/
https://www.legislation.sa.gov.au/lz?path=%2FC%2FR%2FPublic%20Sector%20Regulations%202010

Merit selection procedure January 2025 | 15

• engaging an employee, or promoting an employee, into duties that are temporary in nature

• changing the engagement of an employee from temporary to ongoing or re-engaging them temporarily as long as they were engaged initially following a merit selection process and will be continuing in the same or similar duties

• where it is determined that special circumstances exist

The department is required to report to the Commissioner for Public Sector Employment of any engagements made under the “special circumstances” exception (sub regulation 17(1)(i)) and these decisions can only be made by the Chief Executive.

Other exemptions under Regulation 17 have been delegated by the Chief Executive to others and delegates can be found in the HR Delegations (staff login required).

Notwithstanding the content of regulation 17, it is recommended that merit based selection processes be considered for all vacancies of 12 months or more, particularly for the following situations:

• backfilling for the temporary absence of another employee

• temporary promotion of an employee for duties that are otherwise temporary in nature.

For Education and Children’s Services Act vacancies including seconded teacher vacancies, the same exceptions are prescribed under Regulation 45 of the Education and Children’s Services Regulations 2020 (SA).

Even where a merit based selection process is not required under the relevant regulation, consideration should be given to the possible implications of not using such a selection process, including:

• restrictions on the ability to extend the period of engagement

• ability to convert an employee from a fixed-term to an ongoing engagement

• employee perception about the fairness of management’s behaviour and decisions.

For more information contact People and Culture at:

• education.HR@sa.gov.au – for school and preschool based vacancies, or

• education.HRCorporate@sa.gov.au – for corporate vacancies.

Roles and responsibilities Chief Executive, Executive Director, People and Culture, and Director, Employee Relations Establish and maintain effective recruitment and selection systems and processes in the agency.

Make sure merit selection processes meet requirements under the relevant legislation and are managed in line with the endorsed procedure.

Delegate to appropriate employees the necessary recruitment and selection powers, functions, duties and

https://edi.sa.edu.au/hr/for-individuals/work-conditions/acts-awards-and-agreements/hr-delegations
https://www.legislation.sa.gov.au/lz?path=%2FC%2FR%2FEDUCATION%20AND%20CHILDRENS%20SERVICES%20REGULATIONS%202020
https://www.legislation.sa.gov.au/lz?path=%2FC%2FR%2FEDUCATION%20AND%20CHILDRENS%20SERVICES%20REGULATIONS%202020
mailto:education.HR@sa.gov.au
mailto:education.HRCorporate@sa.gov.au

Merit selection procedure January 2025 | 16

responsibilities.

Provide review mechanisms for merit selection processes.

People and Culture Division Provide executives, managers and employees with confidential support, advice and guidance on recruitment and merit selection processes and practices.

Provide merit selection training across the agency.

Undertake internal reviews.

Chairperson of selection panels Coordinate and record the selection process and make sure that merit principles are applied and implemented.

Establish the selection panel as per the merit and local selection panel composition requirements (staff login required) and make sure processes are merit based and conducted in a confidential, equitable, fair and ethical way.

Make sure the people involved in recruitment selection (ie panellists) have relevant information and have completed the conflict of interest declaration form (PDF 247KB) (staff login required).

Site leaders and managers Support employees to participate in designated training, and help in their release to support recruitment selection processes when required.

Panellists Conduct selection processes in a confidential, equitable, fair and ethical way and in line with the merit selection procedure.

Complete the conflict of interest declaration form (PDF 247KB) (staff login required).

Maintain the information gathered from a selection.

Applicants Make themselves familiar with current selection processes and the specific obligations.

Provide honest and accurate information that might impact their selection for a vacancy.

Disclose any disabilities that require reasonable adjustments to ensure an equitable assessment of merit. This may include receiving information in varied formats or adjustments to the environment in which the interview is conducted.

Disclose honest details of their employment and conduct history.

https://edi.sa.edu.au/hr/for-managers/recruiting-staff/filling-site-vacancies/recruiting-teachers/merit-and-local-selection-panel-compositions
https://edi.sa.edu.au/library/document-library/people-and-culture/employee-relations/filling-corporate-vacancies/declaration-of-a-conflict-of-interest-form-recruitment-and-selection.pdf
https://edi.sa.edu.au/library/document-library/people-and-culture/employee-relations/filling-corporate-vacancies/declaration-of-a-conflict-of-interest-form-recruitment-and-selection.pdf

Merit selection procedure January 2025 | 17

Referees Provide honest, unbiased and objective comment on the applicant’s skills, knowledge, experience or work. This includes perceived strengths and any aspects that may impact their ability to carry out the vacancies duties.

If contacted for referee reports, be honest about their knowledge of an applicant’s alleged or proven past unsatisfactory performance or misconduct, if relevant.

Definitions ancillary staff Staff employed as school services officers, Aboriginal education workers, early childhood workers and government services employees appointed to a Department for Education site.

diversity One of the four foundations of the Code of Ethics for the South Australian Public Sector and relates to a variety of characteristics amongst people encompassing nationality, gender, cultural or social background, sexuality, religion, age, or physical or intellectual ability.

merit The extent to which each of the applicants has abilities, aptitude, skills, qualifications, knowledge, experience (including community experience) and personal qualities relevant to the duties of the role.

It also includes:

• the way that each of the applicants carried out any previous employment or occupational duties or functions

• each applicant’s potential for development.

merit principle Choosing the best person for the job based on candidates’ abilities and their potential for development, regardless of background, circumstance or identity.

nepotism Favouring the appointment of relatives for the vacancy.

Merit selection procedure January 2025 | 18

patronage Favouring the appointment of friends or close personal associates for the vacancy.

promotional position Under the Education and Children’s Services Act – all classification levels are promotional level positions in the teaching service, other than:

• Teacher

• Highly Accomplished Teacher (HAT)

• Lead Teacher (LEAD)

• Advanced Skills Teacher 2 (AST2).

Supporting information Merit and local selection processes for vacancies (staff login required)

Merit selection panels and forms (staff login required)

Recruiting staff (staff login required)

Related legislation Acts, awards and agreements for employment conditions (staff login required)

Education and Children’s Services Act 2019 (SA)

Education and Children’s Services Regulations 2020 (SA)

Disability Discrimination Act 1992 (Cth)

Equal Opportunity Act 1984 (SA)

Public Sector Act 2009 (SA)

Public Sector Regulations 2010 (SA)

Racial Discrimination Act 1975 (Cth)

Sex Discrimination Act 1984 (Cth)

Related policies Classification procedure (PDF 617KB)

Remuneration procedure (PDF 605KB)

Code of Ethics for the South Australian Public Sector

Conflict of interest policy (PDF 612KB) (staff login required)

https://edi.sa.edu.au/hr/for-managers/recruiting-staff/filling-site-vacancies/recruiting-teachers/merit-selection-process-and-training
https://edi.sa.edu.au/hr/for-managers/recruiting-staff/filling-corporate-vacancies/merit-selection-forms
https://edi.sa.edu.au/hr/for-managers/recruiting-staff
https://edi.sa.edu.au/hr/for-individuals/work-conditions/acts-awards-and-agreements/acts-awards-and-agreements-for-employment-conditions
https://www.legislation.sa.gov.au/LZ/C/A/EDUCATION%20AND%20CHILDRENS%20SERVICES%20ACT%202019.aspx
https://legislation.sa.gov.au/LZ/C/R/Education%20and%20Childrens%20Services%20Regulations%202020.aspx
https://www.legislation.gov.au/C2004A04426/latest/text
https://legislation.sa.gov.au/LZ/C/A/EQUAL%20OPPORTUNITY%20ACT%201984.aspx
https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FPUBLIC%20SECTOR%20ACT%202009
https://www.legislation.sa.gov.au/lz?path=%2FC%2FR%2FPublic%20Sector%20Regulations%202010
https://www.legislation.sa.gov.au/lz?path=%2FC%2FR%2FPublic%20Sector%20Regulations%202010
https://www.legislation.gov.au/C2004A00274/latest/text
https://www.legislation.gov.au/C2004A02868/latest/text
https://edi.sa.edu.au/library/document-library/controlled-procedures/classification-procedure.pdf
https://edi.sa.edu.au/library/document-library/controlled-procedures/remuneration-procedure.pdf
https://www.publicsector.sa.gov.au/hr-and-policy-support/ethical-codes/code-of-ethics
https://edi.sa.edu.au/library/document-library/controlled-policies/conflict-of-interest-policy

Merit selection procedure January 2025 | 19

Guideline of the Commissioner for Public Sector Employment: Recruitment

Recruitment and selection of ancillary staff in schools and preschools policy (PDF 222KB)

Recruitment and selection of ancillary staff in schools and preschools procedure (PDF 815KB)

Recruitment and selection of teaching staff in preschools policy (PDF 573KB)

Recruitment and selection of teaching staff in preschools procedure (PDF 1.2MB)

Recruitment and selection of teaching staff in schools policy (PDF 609KB)

Recruitment and selection of teaching staff in schools procedure (PDF 733KB)

Record history Published date: January 2025

Approvals OP number: 147 File number: DE20/10769 Status: approved Version: 2.3 Policy Officer: People and Culture Lead, Workforce Corporate Policy sponsor: Director, Workforce Management Responsible Executive Director: Executive Director, People and Culture Approved by: Director, Workforce Management Approved date: 16 January 2025 Next review date: 16 January 2028

Revision record Version 2.3 Approved by: Director, Workforce Management Approved date: 16 January 2025 Next review date: 16 January 2028 Amendment: Updated links to the classification and remuneration procedures, following approval to split the procedures into separate documents.

Version: 2.2 Approved by: Executive Director, People and Culture Approved date: 29 May 2024 Review date: 29 May 2027 Amendment(s): Procedural content reviewed and updated. Department styling and hyperlinks updated.

Version: 2.1 Approved by: A/Director, Employee Relations Approved date: 16 December 2020 – effective from 1 January 2021

https://www.publicsector.sa.gov.au/hr-and-policy-support/Determinations,-Premiers-Directions-and-Guidelines/Guidelines#accordion-214234-1
https://www.education.sa.gov.au/__data/assets/pdf_file/0003/257907/policy-for-the-recruitment-and-selection-of-ancillary-staff-in-schools-and-preschools.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-ancillary-staff-in-schools-and-preschools-procedure.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-preschools-policy.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-preschools-procedure.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-schools-policy.pdf
https://www.education.sa.gov.au/policies/shared/recruitment-and-selection-of-teaching-staff-in-schools-procedure.pdf

Merit selection procedure January 2025 | 20

Review date: 16 December 2023 Amendment(s): Correction to ‘Merit review’ section to reflect that Education and Children’s Services Act promotional vacancies, seconded teachers and government service employees have internal reviews available for vacancies greater than 12 months.

Version: 2.0 Approved by: Chief Operating Officer Approved date: 30 October 2020 – effective from 1 January 2021 Review date: 30 October 2023 Amendment(s): Significant revision streamlining merit selection framework.

Version: 1.4 Approved by: Director, Employee Relations Approved date: 18 October 2018 Review date: 18 October 2021 Amendment(s): Update nomenclature and reformat to new template.

Version: 1.3 Approved by: Executive Director, People and Culture Approved date: 3 November 2017 Amendment(s): Updated the record keeping requirements at 4.18 of this procedure.

Version: 1.2 Approved by: Executive Director, People and Culture Approved date: 1 July 2016 Amendment(s): Changes arising from broadened application from 1 July 2016, Part 7 of the PS Act to the following categories of employees in the department: school services officers, Aboriginal education workers, early childhood workers, 101B corporate employees.

Version: 1.1 Approved date: 19 November 2015 Amendment(s): Transposed from old format to new. Minor changes to flow. No change to intent or policy position.

Contact Workforce Relations (Ethical Conduct Advisory)

Email: education.ECU@sa.gov.au

Phone: 8226 1342

mailto:education.ECU@sa.gov.au