WA’s public sector recruitment operates within a regulatory framework that ensures that recruitment processes are based on principles of merit, equity and probity. The framework forms an important part of ensuring accountability to Parliament and the people of Western Australia, but is not meant to hamper public sector agencies developing recruitment processes to suit their own needs, nor should it stifle innovation in recruitment.
Legislation, Circulars and Policies
The following is an overview of key legislation, regulation and policy that forms the regulatory framework. It is designed to help officers involved in recruitment processes to understand the framework and key agencies governing public sector recruitment. It is a general commentary only and officers involved in recruitment processes should ensure they are familiar with the source material.
The Public Sector Management Division’s main role is to support the Minister for Public Sector Management. The Division also sets the legal and policy framework for employment, remuneration, redeployment and machinery of government reform.
With respect to recruitment, the Division is responsible for the following:
Public Sector Management Act 1994
The Public Sector Management Act 1994 is, among other things, an Act for the administration of the public sector.
In terms of recruitment, the Act:
- Articulates behaviours and values employees are to uphold when going about their employment, which includes undertaking recruitment processes. These behaviours and values are contained in the general principles of human resource management, public administration and management and official conduct (sections 7-9).
- Creates the office of the Commissioner for Public Sector Standards (section 16)
- Requires the Minister for Public Sector Management to promote the overall efficiency and effectiveness of the public sector (section 10). This can involve the mandating of policy through Premier’s Circulars and Approved Procedures that may relate to aspects of the recruitment process.
- Governs the appointment of public servants (including senior executive and chief executive officers) (part 3) and ministerial officers (part 4).
- Establishes the redeployment and redundancy framework (see below) (part 6)
Premier’s Circulars
Premier’s Circulars communicate whole-of-Government policy and issues of strategic importance to the state, including matters relating to recruitment. They are issued by the Premier in carrying out his functions under section 10 of the Public Sector Management Act 1994, which include promoting “the overall efficiency and effectiveness of the public sector”.
Circulars directly relevant to the recruitment issues include:
Approved Procedures
Approved Procedures outline procedural steps to be taken by human resource practitioners in regards to classification, appointment and remuneration matters contained within the Public Sector Management Act 1994.
Redeployment Regulations
Part 6 of the Public Sector Management Act 1994 establishes the redeployment and redundancy framework, with greater detail provided in the Public Sector Management (Redeployment and Redundancy) Regulations 1994. In most cases, redeployees must be given every consideration to take up vacancies of more than 6 months. This process occurs when the vacancy is registered with RAMS.
Guidelines and manuals to the redeployment process can be found on the Redeployment and Severance page of the PSMD website.
The Commissioner is responsible for establishing WA public sector codes of ethics and human resource management standards. The Office of the Public Sector Standards Commissioner (OPSSC) provides guidance to agencies developing codes of conduct and ensuring compliance with the Code of Ethics, Code of Conduct and the Public Sector Standards. The OPSSC has produced The Right Path to the Right People, which provides a comprehensive introduction to all aspects of recruitment in the public sector.
The Commissioner is responsible for the following:
Public Sector Standards in Human Resource Management
The Commissioner for Public Sector Standards is responsible for the establishment, monitoring and assisting agencies to comply with the Public Sector Standards in Human Resource Management (section 21 of the Public Sector Management Act 1994).
The Public Sector Standards refer to minimum standards of merit, equity and probity that apply to all public sector bodies and employees, as specified in the Public Sector Management Act 1994. Nine public sector standards have been developed - public sector officers involved in recruitment must specifically ensure their processes and decisions comply with the Recruitment, Selection and Appointment standard.
Public Sector Code of Ethics
The Public Sector Code of Ethics establishes the minimum standards of conduct and integrity to be observed by all public sector bodies and employees.
The Office of e-Government, situated within the Department of the Premier and Cabinet, seeks to maximise efficiencies in the public sector’s information and communication technology, while assisting individual agencies to develop and implement their own e-government initiatives. Your agency’s website can be a useful component in your strategy to attract potential job applicants.
Website Governance Framework
Agencies, when designing and updating websites, need to conform to policies established by the Office of e-Government, as stipulated by Premier’s Circular 2008/07 - Website Governance Framework.
The Government Advertising Unit, part of Department of the Premier and Cabinet’s Government Media Office, is responsible for managing advertising policy and provides agencies with expert advice on advertising issues. The Office can be contacted on wa-government@dpc.wa.gov.au or (08) 9222 9595.
Advertising Policies
In both advertising positions and general promotion, agencies are required to comply with advertising and communications policy and guidelines, produced by the Government Media Office. These policies are detailed in Premier's Circular 2008/02 - Government Advertising and Communications Policy and Guidelines.
The Office of Equal Employment Opportunity (OEEO) is incorporated into the Office of the Public Sector Standards Commissioner and assists public authorities to achieve equal employment opportunity. The Director of Equal Opportunity in Public Employment (DEOPE) is a statutory officer responsible for the performance of functions outlined in Part IX of the Equal Opportunity Act 1984 (the Act):
- Eliminate and ensure the absence of discrimination in employment in public authorities on all the grounds covered by the Act; and
- Promote equal employment opportunity for all persons in public authorities.
All recruitment activity in the public sector is required to work towards these objectives.
The Department for Consumer and Employment Protection’s Labour Relations Division promotes fair, flexible and productive employment practices in Western Australia that recognise the rights and obligations of both employees and employers. The Division is responsible for developing, promoting and coordinating labour relations policies and strategies, which are detailed in labour relations circulars and other material.
The Division also provides assistance and training to improve labour relations skills within public sector agencies.
Labour Relations Circulars
Labour relations circulars and other policy documents provide information and direction on awards, conditions of employment and other industrial relations matters. Public sector officers involved in recruitment should particularly note the Modes of Employment Policy, which sets out conditions that apply when appointing staff.
Shared services agencies can be useful to recruitment processes across the sector. These agencies aim to achieve efficiency and value for money through the use of common systems, shared expertise and processes. Check your agency’s policy to determine the extent to which you can access services provided by the following bodies:
Shared Services, a business unit within the Department of Treasury and Finance, coordinates the administrative side of recruiting processes on behalf of general public sector agencies. Their HR professionals assist with innovative and professional human resource solutions, allowing individual agencies to focus on their core business.
Health Corporate Network (HCN) is WA Health's Shared Service Centre. Working with Western Australian public health services, it facilitates the recruitment process by coordinating and processing advertisements, recruitment selection and appointment and the issuing of contracts.
Education and Training Shared Services Centre (ETSSC) provides a range of recruitment services to its client agencies across the Education and Training sector. The ETSSC supports these agencies in the implementation of their recruitment and workforce strategies by providing effective and efficient recruitment services, including advertising, candidate contact, online candidate management and employment offers.
Queries or feedback?
Please email comments or queries to rethinkingrecruitment@dpc.wa.gov.au.