Affirmative measures: fair application, not informal preference

Affirmative measures under the PS Act, including identified roles for Aboriginal and Torres Strait Islander candidates and roles under the RecruitAbility scheme, are lawful, merit-compliant, and explicitly permitted. But they have to be applied through the formal mechanism, not as informal panel preference.

An identified role restricts eligibility at the advertising stage, and the merit assessment is then run among eligible candidates. RecruitAbility progresses candidates with disability who meet the minimum requirements through to further assessment. Both operate at the gate, not at deliberation.

What is not permitted: applying informal preference during panel deliberation because the panel “feels strongly about representation.” That is patronage, regardless of intent.