Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Contents
Purpose of this guide .....................................................................................................................................3
People with disability in the APS ....................................................................................................................3
Why employ people with disability? ...............................................................................................................4
Employing a person with disability .................................................................................................................5
What this guide is not about ..................................................................................................................5
What this guide is about ........................................................................................................................5
Consulting with Disability Employment Service providers ..............................................................................6
What is a Disability Employment Services provider? ............................................................................6
Why use a provider? .............................................................................................................................7
How do I find a provider? ......................................................................................................................7
Can I do this for a number of vacancies across my agency? ................................................................7
What if the applicant is the relative or friend of someone I know? ........................................................7
Reasonable adjustments ...............................................................................................................................8
The role of the Australian Public Service Commission ..................................................................................8
Do you have a question? ......................................................................................................................9
Case Study: Noah & CRIMTRAC................................................................................................................10
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Purpose of this guide
This guide to clause 2.17 of the APS Commissioner’s Directions1 is directed at APS
managers, senior leaders and human resources practitioners. This clause allows for
the employment of people with disability who are unlikely to be able to compete in an
open merit selection process.
Clause 2.17 states:
2.17 Affirmative measure—engagement of person with disability unable to participate in
competitive selection process
(1) This clause applies in relation to a person with disability who has been assessed by
a disability employment service provider as likely to be unable, because of their
disability, to compete successfully on merit in a competitive selection process that
complies with Part 2.1.
(2) An Agency Head may engage the person as an APS employee to fill a vacancy
where that vacancy is designed and created for, or identified as suitable for, the person
in consultation with the disability employment service provider, without complying with
Part 2.1.
Note:
If the engagement is to be as a non-ongoing APS employee for a specified
term, or for the duration of a specified task, the requirements of regulation 3.5 of the
Regulations apply to the engagement, including requirements relating to the grounds for
the engagement and the term of the engagement.
People with disability in the APS
This guide is about a measure directed at a subset of people with disability. ‘People
with disability’ represent a diverse group of people with a range of impairments including physical, intellectual, learning, sensory and neurological. According to the
Australian Bureau of Statistics (ABS) definition a person has a disability ‘if they have
1http://www.apsc.gov.au/aps-employment-policy-and-advice/legislationlegal-and-government-
rameworks.
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
a limitation, restriction or impairment, which has lasted, or is likely to last, for at least
six months and restricts everyday activities’.
The severity and type of a person’s disability is reflected in their ability to participate
in the labour force. For example, people with intellectual disability, stroke or brain
injury have around a 35% labour force participation rate. Compare that to people
without disability (83%) and people with disability (53%) (ABS 2012).
The APS does not keep data on the severity of employees’ disabilities, but State of
the Service data suggests that the APS has a lower rate of employment of people
with disability (2.9% officially disclosed, 7%
through the APS-wide employee confidential
census), compared to the working age population
with disability (14.4%, ABS 2012).
Why employ people
with disability?
Some managers might
think that it is someone
else’s job to ensure the
APS reflects the
community it serves – but
every decision adds up.
Employing people with disability under this affirmative measure is part of the APS’s
commitment to reflect the community it serves. The benefits of recruiting and
retaining people with disability are increasingly being realised by large organisations,
as they seek to enhance their reputation with their customers and communities. For
more information on the case for disability employment see As One: APS Disability
Employment Strategy.
Every APS recruiter and hiring manager can make a contribution to ensuring the
APS reflects the community it serves, while also seeking to effectively meet a
business need.
Historically people who appeared, acted and expressed themselves differently due
to an impairment were subject to stereotypes that limited their employment
prospects. These outdated attitudes prevented the labour force participation of
people with disability, at great cost to individual, employers and society. The APS is
actively committed to challenging these outdated attitudes and to creating
employment opportunities that are accessible to people with disability.
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Employing a person with disability
There are two affirmative (special) measures in the Directions for people with
disability who may find it especially hard to gain employment in the open market.
This guide is mainly about one of those measures.
What this guide is not about
1. This guide is not about mainstream recruitment. Most commonly, APS agencies
select people with disability through the ordinary competitive merit selection
process, whether they know they have
disability or not. Many people with disability
are very competitive on the open market.
2. This guide is not about the identified positions
for people with intellectual disability (Clause
It’s often easier to recruit
someone using clause
2.17 of the Directions
than going to the open
employment market.
2.16). Under the Directions, people with an
intellectual disability can also be engaged for
an identified position. The applicants go through a competitive process - but
only among like candidates who meet the definition of a person with intellectual
disability. You can find out more about this arrangement on the Commission’s
website.
What this guide is about
This guide is about recruitment using a Disability Employment Services provider to
select a person who is unlikely to be able to compete on merit due to a disability (see
Clause 2.17). The person does not have to have a specific type of impairment.
In 2010, the Public Service Commissioner made a Direction to provide for the
employment of a person who is unlikely to be able compete on merit without going
through an open competitive merit process. This streamlines recruitment for the
APS agency and gives a person from a disadvantaged group new chances at
employment in the APS.
Specifically, clause 2.17 of the Directions says that an agency head can engage
(temporarily or permanently),
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
a) a person who is assessed as unable (or likely to be unable) to be successful in a
normal competitive merit selection process due to disability, and that they must
do this,
b) in consultation with a disability employment services provider.
The provider can help the agency with expertise and practical support, such as:
 Settling-in advice and ongoing support, such as reasonable adjustments and
training plans.
 If necessary, help with job design to match tasks to the individual’s capabilities.
A temporary APS employee can be made a permanent employee using clause 2.17,
or this can happen as part of an external engagement. This must occur in
consultation with a Disability Employment Services provider who provides evidence
to the hiring manager that the person cannot, or would be unlikely to be able to,
compete in an open selection process.
Several agencies have used clause 2.17 to employ people with disability. As
agencies become more comfortable with the arrangements, we expect this usage to
increase.
Consulting with Disability Employment
Service providers
As previously stated, if agencies use clause 2.17 to employ a person with disability,
they must consult with a disability employment services provider.
That is because a provider is able to assess a person’s job capabilities and the level
of their disability, and also provide the agency with practical support. The provider
can also work with APS managers on designing work to suit the abilities of a person
with disability, while also filling a real business need for the agency.
What is a Disability Employment Services provider?
You may or may not have come across a Disability Employment Service provider
before. The Directions define a disability employment services provider as an
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
‘organisation that facilitates access to employment for persons with disabilities’. The
Australian Government funds a national network of these providers, through the
Disability Employment Services (DES) program.
Why use a provider?
Whenever you’re using any Disability Employment Services provider under clause
2.17, it’s important to consult with them to satisfy yourself that the prospective
candidate for a position is unable, or likely to be unable, to compete successfully in
an ordinary merit selection process due to their disability.
How do I find a provider?
You can look up the DES providers at the Australian JobSearch website, via ‘Find a
provider ’> ‘Search for a provider’ > ‘Disability Employment Services’.
That pathway will search and map the DES providers by your state, location, or
postcode. There are over 2,000 DES sites nationally. You can also get DES
assistance by calling 1800 464 800, or by using their online enquiry form.
Can I do this for a number of vacancies across my agency?
Yes. The National Disability Recruitment Coordinator (NDRC) can assist
organisations with more than 100 employees fill multiple vacancies. APS agencies
in this category can sign a memorandum of understanding with the NDRC, which will
then provide a point of liaison with multiple DES providers to help fill vacancies
across the agency. The NDRC also provides free advice and assistance to the
agency to develop recruitment practices that will better support the employment of
people with disability.
What if the applicant is the relative or friend of someone I know?
As with all recruitment, if you know an applicant, it is important that you do not put
yourself in a position which creates a reasonable perception of discrimination,
patronage or favouritism.
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Reasonable adjustments
All APS agencies make reasonable adjustments, to level the playing field for
applicants with disability in recruitment and employment. Common reasonable
adjustments in recruitment are modifications to the selection process, such as more
time to answer questions. Costs of reasonable adjustments are generally low, and
may be covered at no cost to the employer by the Australian Government’s
Employment Assistance Fund2.
More information is available on the Commissions’ website3.
The role of the Australian Public Service
Commission
The Commission helps APS agencies to create capable, talented and diverse
workforces. It shares ways and means to improve the attraction, recruitment, and
retention of people with disability across the APS. We have developed and
introduced Directions to help agencies build a diverse and socially inclusive
workforce, including from identified disadvantaged groups that have low job
participation rates.
At our website, you’ll find relevant publications such as As One: APS Disability
Employment Strategy and the State of the Service Report on the APS workforce
features and trends. The State of the Service Report: Statistical Bulletin contains
specific data on the numbers and characteristics of all APS employees, including
people with disability.
2
http://jobaccess.gov.au/Workplace_modifications/Pages/home.aspx
3http://www.apsc.gov.au/publications-and-media/current-publications/recruitment-guidelines-
toolkit/reasonable-adjustment
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Do you have a question?
If you need other advice or assistance, please contact the Commission’s
Employment Policy Adviceline at (02) 6202 3857 or via email to
employmentadvice@apsc.gov.au.
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Case Study: Noah & CRIMTRAC
In July 2010, a CRIMTRAC line manager, Gresham, identified the business need
for an APS 1 position in his team. Gresham was aware that the APS
Commissioner’s Directions allowed agencies to
employ people with a disability who were
unlikely to be able to enter employment through
regular recruitment. Consistent with Clause
2.17, Gresham approached a Disability
Employment Service (DES) provider to see
whether they had a suitable list of candidates.
Noah could perform the
job well, and the DES
provider provided
evidence he was unlikely
to be able to compete in
an open merit selection
process.
Gresham, together with a person from the HR
area, met with the DES provider’s consultant,
Ken, to discuss the tasks required for the position and to assess a potential
candidate for the role. Ken put forward Noah as someone who would be a good fit
for the role. Noah was eligible for opportunities under the Directions because the
DES provider could provide evidence that his health condition meant that he was
unlikely to be successful in open merit-based recruitment.
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Using Commissioner's Direction 2.17 - Engaging a person with disability through a Disability Employment Service provider
Despite having a range of work experience, an undergraduate degree and
Certificate II accreditation in Business Administration, Noah had been
unsuccessful in securing employment prior to coming to a DES provider.
He was a strong candidate for the APS 1 role. As
a result Gresham and the HR area agreed to
recommend Noah to their senior leadership team,
and subsequently Noah was engaged as a nonongoing APS 1 employee for a period of six
months.
DES providers help with
the induction of the new
employee, and also assist
on-the-job if that support
is required.
Ken, the DES consultant, organised a workplace
assessment and provided post-placement support for six months.
Gresham and his team consider Noah to be a productive and valued employee.
Noah’s contract was renewed, and at the completion of this second contract in
August 2011, he was appointed to an ongoing position as a Facility Officer at
CRIMTRAC.
Noah enjoys his role in the APS and is undertaking further training.
Noah’s placement was successful because of CRIMTRAC’s approach.
CRIMTRAC maintained open lines of communication with the DES provider and
created a work environment that supports people with disability.
CRIMTRAC is considering another vacancy following a similar process.
(END OF DOCUMENT)
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