Clause 10 Appointments
Clause 10 of the Public Sector Employment and Management (General) Regulation 1996 includes provisions for selection in special cases. The provisions state that:
The appropriate Department Head may, with the approval of the [Public Sector Workforce Office], recommend the appointment of a person belonging to a disadvantaged group of persons to a position in the Department that the Department Head considers suitable for the position.
A disadvantaged group of persons is a group of persons in the community that the [Public Sector Workforce Office] has designated as a disadvantaged group for the purposes of this clause. The [Public Sector Workforce Office] may so designate any group of persons who suffer a disadvantage in employment, including but not limited to:
- Aborigines or Torres Strait Islanders, or
- persons who have a disability within the meaning of the Anti-Discrimination Act 1977.
A person may be recommended for appointment under this clause only if the person belongs to the relevant disadvantaged group and, in the opinion of the appropriate Department Head, has the greatest merit of the eligible persons seeking appointment in accordance with this clause.
The [Public Sector Workforce Office] is to determine the general or selective advertising or search procedures to be used for the purposes of seeking eligible persons for appointment under this clause and the selection procedures to be used for selecting a person from among the eligible persons seeking appointment.
Clause 10 provisions can be used to identify or target positions for specific EEO groups, or to appoint members of EEO groups to positions. For example, Clause 10 can be used to appoint trainees and cadets from EEO groups to permanent positions following their period of training.
For further advice or information, contact the Workforce Planning, Development and Equity unit, email us at: eeo@dpc.nsw.gov.au.
