Section 19(3) of the Act allows a Department Head to appoint a qualified member of staff to a position that has not been advertised on the NSW Government’s recruitment website (that is advertised externally).

The amendment to section 19 now includes members of staff in the Special Employment Divisions associated with a Public Service Department except casual employees or short term temporary employees – that is those who have been employed for less than two years in the possible pool of people who can apply for internally advertised positions in that Public Service Department.

Now if a position is advertised internally in a Public Service Department the following groups will be able to apply:

• officers,
• departmental temporary employees with more than two years continuous service, and
• members of staff of a Special Employment Division associated with that Department who have more than two years continuous service.

The amendment to section 22 that removes the bar to certain actions in relation to Public Service appointments is appropriate and fair. Departments will be required to defend discrimination or victimisation claims based on the merits of the matter and not rely on a statutory bar provided by section 22 to prevent a case being heard. The amendment to section 22 does not apply to any appointment made before 7 December 2010.

However this amendment has no impact on the recruitment of persons from outside to the Public Service.

Brendan O’Reilly
Director General