The purpose of this circular is to encourage agencies to adopt a more innovative approach to the application of Clause 10 of the Public Sector Management (General) Regulation 1996. Clause 10 has been developed to facilitate the employment of people belonging to a range of groups designated as disadvantaged by the Public Employment Office (PEO) such as those with a disability and Aboriginal and Torres Strait Islander people.

Clause 10 is well suited for the targeted recruitment of Aboriginal people to public sector vacancies. As the attached three-step framework shows, by recognising that adjustments to the recruitment process may be necessary for the merit principle to operate fairly for all members of the community, Clause 10 can assist agencies to meet their targets for the employment of Aboriginal and Torres Strait Islander people.

The Director of Equal Opportunity in Public Employment (ODEOPE) has been authorised (under S49B of the Public Sector Management Act 1988) to undertake the responsibilities of the PEO and to provide guidance on the use and application of Clause 10. Accordingly, ODEOPE approval must be sought when agencies wish to use Clause 10 to:

• fill or create a position or develop a traineeship/apprenticeship; or
• to advertise selectively.

Attached is a database listing of Aboriginal and Torres Strait Islander people who have expressed an interest in gaining employment within the NSW public sector [the database is not available online]. This may be used when recruiting to "identified", "targeted" or mainstream positions within your agency and may be particularly useful for the filling of positions under Clause 10.

Although current at the time of printing, it is recommended that you contact the Workforce Management Centre for further updated information on potential candidates by contacting:

Kate Ferguson, Employee Relations Officer (Aboriginal Employment)
Telephone: (02) 9228 3363 email: [email protected]

Clause 10 can be a useful tool for assisting agencies to reinforce their commitment to the employment of Aboriginal and Torres Strait Islander people. Further information regarding Clause 10 can be obtained from Julie Moore, ODEOPE (02) 9248 3529 and Kate Ferguson (02) 9228 3363 from Premier's Department.

C. Gellatly C. Davies
Director-General Director, Equal Opportunity in Public Employment

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see also C2006-36