Ability at Work: APSC

This is an edited summary of Talking Tips interview with Paul Casimir, Director, Better Practice Group, Australian Public Service Commission about the APSC publication Ability at Work.

What is the purpose of this publication?

The APSC recognises that the public service needs to do better at recruiting and retaining people with disability and is missing out on people with talent. With a tightening labour supply, ageing population, the public service needs to be more nimble in tapping the talent that is in the community.

Ability at Work has been developed to assist managers, provide good practice advice, case studies and training tools to improve recruitment and retention strategies so that people have more confidence to apply for jobs, and thereby increase the number of people with disability employed in the APS.

If I'm a person with disability applying for a job, am I obliged to identify that I have a disability?

No, you are not obliged to do so. The APS operates according to a set of Values that includes diversity. Jobs are filled based on merit regardless of whether a person has a disability. This means avoiding discrimination and collecting evidence for a merit-based decision, taking into account reasonable adjustment. The only possible situation where a person might reveal a disability if there is a safety consideration but this is very rare in the APS. If a person doesn't disclose their disability it may compromise their ability to present their case, so it may be useful to let a selection panel know so they can make reasonable adjustments.

Panels can be uncertain about how much flexibility they have. What do the terms fair treatment and procedural fairness mean?

Procedural fairness is a common law legal principle that affects the way decisions are made that affect others. (This is a general description only. You should seek legal advice if you need further information.) Panels need to make decisions about a person's ability to do a job taking reasonable adjustment into account. To make this decision panels should seek the views of the applicant, as they know how their disability affects them. Natural justice is the same as procedural fairness.

Fair treatment means that applicants are assessed based on merit, taking into account an applicant's capacity to do the job. The decision is objective, made with no favouratism or discrimination. A panel should approach each applicant with an open mind, and take into account the real requirements of the position and determine the best way to test that with each applicant.

Many agencies are using generic criteria based on The Intergrated Leadership System. These can be challenging even for people within the public service. How do agencies cater for people with disability when using these?

These generic criteria can appear complex. The question for the panel is how well a person can perform the duties of the job. The selection Criteria are a guide to help with assessing applicants, rather than a bind. The criteria need to be interpreted within the context of the job. For example, communication skills for a low level job will mean something different than for a lecturer. The criteria are driven by the duties and the panel needs to exercise judgement.

The guide refers to privacy issues that can arise in the context of applicants with disability. What are the issues for panels in complying with the Privacy Act?

One of the issues is that a person may not have disclosed their disability to their referee. This is personal information about which a panel needs to exercise care. This also applies to the questions asked. You can ask an applicant 'How well can you do X' but not then ask a referee 'How well can they do X given they have a disability?'

How does potential for future development apply in the context of assessing an applicant with disability?

Potential for future development is mentioned in the Public Service Commissioner's Directions and applies to all applicants. With a person with disability, the panel judges this based on any reasonable adjustment to be made.

Final comments on what is hoped to be achieved with this publication

We hope to challenge misconceptions about disability, improve understanding of the nature of disabilities, and challenge notions about why managers should recruit people with disability. It's not about welfare and helping people because it's good to do. We'd like people to do this because it makes good business sense. By doing this better it will be better for all of us.

Dr Ann Villiers, learning guide, professional speaker and author, is Australia's only Mental Nutritionist® specialising in mind and language practices that help people build flexible thinking, confident speaking and quality connections with people. Visit www.mentalnutrition.com to learn more about Mental Nutrition. Visit www.selectioncriteria.com.au for free resources unlocking the mysteries of public service jobs.