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Public Sector Act 2022
sec.45Employment on merit and for equity and diversity
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### sec.45 Employment on merit and for equity and diversity
A person selected for employment in or to a public sector entity must be the eligible applicant best suited to the position.
In deciding the eligible applicant best suited to a position, a person undertaking a recruitment and selection process in a public sector entity—
must consider each eligible applicant’s ability to perform the requirements of the position; and
may consider—
the way in which each eligible applicant carried out any previous employment; and
the potential of each eligible applicant to make a future contribution to the entity; and
the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.
(sec.45-ssec.1) A person selected for employment in or to a public sector entity must be the eligible applicant best suited to the position.
(sec.45-ssec.2) In deciding the eligible applicant best suited to a position, a person undertaking a recruitment and selection process in a public sector entity— must consider each eligible applicant’s ability to perform the requirements of the position; and may consider— the way in which each eligible applicant carried out any previous employment; and the potential of each eligible applicant to make a future contribution to the entity; and the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.
- (a) must consider each eligible applicant’s ability to perform the requirements of the position; and
- (b) may consider— (i) the way in which each eligible applicant carried out any previous employment; and (ii) the potential of each eligible applicant to make a future contribution to the entity; and (iii) the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.
- (i) the way in which each eligible applicant carried out any previous employment; and
- (ii) the potential of each eligible applicant to make a future contribution to the entity; and
- (iii) the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.
- (i) the way in which each eligible applicant carried out any previous employment; and
- (ii) the potential of each eligible applicant to make a future contribution to the entity; and
- (iii) the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.