About recruitment legal requirements
Understand the laws that guide recruitment in the NSW public service, including merit-based hiring, assessment rules and talent pools.
Legal framework for recruitment
Recruitment in the NSW public service is governed by three main laws:
- Government Sector Employment Act 2013 (GSE Act)
This Act ensures recruitment and promotion on merit. It also allows for the employment of staff in the NSW public service. - Government Sector Employment Regulation 2014 (GSE Regulation)
This Regulation supports the Act. It covers allowances and some other employment conditions. - Government Sector Employment (General) Rules 2014 (GSE Rules)
These Rules must be followed when you make recruitment decisions. Part 3 of the Rules sets out the merit-based principles.
Updates to assessment processes and talent pools
Amendments to the GSE Rules took effect on 2 September 2019 under the Government Sector Employment (General) Rules (Amendment No 10 – Miscellaneous) 2019.
The changes were designed to:
- Simplify assessments – Recruiters now need to assess only the role’s focus capabilities, knowledge and experience. They don’t need to check all capabilities.
- Improve talent pools – Talent pools can now last up to 18 months instead of 12. Referee checks can be done when a person is being considered for a role.
- Remove outdated provisions – Transitional rules 20 and 22D were removed.
For more details, see: