Recent amendments to the Public Sector Management Act 1988 regularise the long-standing practice of establishing eligibility lists during a selection process (see new section 26A).

An eligibility list is applicable not only to the position in relation to which it was created, but also to any other position that the Department Head determines it should be applicable to on the basis that the position is substantially the same as the position in relation to which the list was created.

An eligibility list for a position remains current for six months after the position was advertised.

Section 31 (2) of the Public Sector Management Act requires vacancies to be advertised except where the Public Employment Office (PEO) approves that a position need not be advertised. Where a Department Head proposes to make an appointment on the basis of a current eligibility list for an advertised non-SES position (or a position substantially the same in terms of section 26A (4)), the PEO's approval under section 31 (2) of the Act that the position need not be advertised, may be regarded as having been given.

This Circular does not change current arrangements under the recruitment moratorium whereby the approval of the relevant Minister and the PEO is required for recruitment to positions at Grade 12 A&C, and equivalent or higher.

Any enquiries on this matter should be directed to Marina Kapetas on telephone 228 3146.

KEN CRIPPS
Commissioner

Date: 25 October 1995