the selection and appointment process under delegated authority in the malta public service 1

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The Selection and Appointment Process

under Delegated Authority in the Malta Public Service

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Background and Legal Framework (1)

• PAHRO Circ 250/2012 dated 4 December 2012 announced the delegation of the the issue of the call for applications and the appointment of the Selection Board - made possible through LN 246 of 2012 which amended the PSC Regulations

• The remaining stages in the selection and appointment process are now being delegated to Permanent Secretaries with effect from the 1st February 2016

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• The current PSC Regulations will be replaced by two sets of regulations – the PSC Appointments Regulations and the PSC General Regulations

• The PSC Appointments Regulations, inter alia, provide the legal framework applicable to the conduct of competitive selection processes under delegated authority

• When the delegation enters into force, both PSC and PAHRO will assume a more regulatory and monitoring role letting go of the day to day operational duties.

• Permanent Secretaries will be empowered to approve selection criteria and weightings and to publish Selection Board results

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Through an Instrument of Delegation to be approved by the Prime Minister upon the recommendation of PSC, in terms of article 110 of the Constitution, Permanent Secretaries will also be empowered to:• approve, make and postpone appointments, following

a competitive selection process, on the basis of a valid order of merit, and

• renew fixed-term appointments for a second or subsequent term, provided that the initial appointment was made on the basis of a competitive selection process

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• Concurrently with the above, Directive 9 together with a detailed “Manual on the Selection and Appointment Process under Delegated Authority” will be issued by the Principal Permanent Secretary

• Directive 9, apart from announcing the delegation of powers, will bind Permanent Secretaries, as the highest authorities within a Ministry, to ensure that the procedures set out in the Manual, as well as any other directives and guiding principles issued from time to time by the Principal Permanent Secretary and/or by the Public Service Commission, are invariably and strictly adhered to

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The role of the PSC

In fulfilling its role, the Commission is guided by the principles of merit, equality of opportunity, impartiality, non-discrimination, and fair and open competition, the latter within the parameters of classification agreements that exist between the Government and the unions.

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The role of the PSC

In its new role, the PSC:

• may issue directions to regulate any aspect of the selection process;

• shall, on its own initiative, or following petitions or representations by applicants or submissions by Heads of Department, inquire into and investigate any selection process.

The role of the PSC

In its inquiries and investigations, the PSC shall ensure that:

• (a) the selection process is conducted in

accordance with the merit principle; • (b) the selection board interprets the eligibility

requirements and selection criteria in a reasonable manner and is not influenced by any considerations extraneous thereto; and

• (c) the selection board has not committed any irregularities of procedure or errors which affect the outcome of the selection process.

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The role of the PSCWhere the Commission finds that a selection process has not upheld the merit principle, or is in breach of the PSC (Appointments) regulations, or any relevant directives, the Commission may take such action as it deems fit by way of remedy, including among others:

(a) annulling the selection process and directing that it be repeated by a fresh selection board;(b) disqualifying an applicant;(c) taking action for the revocation of an appointment; (d) instituting disciplinary or criminal proceedings

against officers who fail to observe the provisions of the Directive concerning the delegation of the selection process.

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Authority to issue the call for applications

Vested in the Permanent Secretary provided that:

• Vacancy is featured in the approved HR Plan approved by the Permanent Secretary, revised as necessary in accordance with MFIN budgetary allocation and referred to PAHRO

• The necessary clearances have been obtained in respect of new or re-designated positions and in respect of positions which are EU or IT related

• Resource Support of Services Ltd (RSSL) is consulted prior to issuing calls in terms of an existing Classification Agreement

• Vacancies not governed by a Classification Agreement which are open to public officers should also be open to RSSL employees and Public Sector employees performing duties with the Public Service

• Vacancies in the General Service and Messengerial Grades and other service-wide positions to continue to be issued centrally by PAHRO

PS may delegate authority to heads of department or Directors responsible for HR – referred to as “the authorities”

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The call for applications

• Should clearly state the duties expected of the selected candidate and the eligibility requirements

• Should conform to the applicable template available on the PAHRO website (i.e. departmental, service-wide, sector-wide or public call or call involving a formal written exam)

• Any changes to the standard wording should be cleared with PAHRO before issue of call

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Eligibility requirements

• Areas of qualifications or experience should be specific and clear in order to avoid difficulty in determining eligibility

• Should conform to any applicable law, Classification Agreement or benchmarks established by PAHRO

• Any departures are to be approved by PAHRO and PSC informed accordingly

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Assessment methods• To be determined at the stage of drafting the call for

applications

• May include one or a combination of the following: interview; trade or practical test; written examination; extended interview; short tests of writing proficiency, multiple choice

questions, case studies, or IQ tests; psychometric testing

• May include a qualifying stage

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Assessments with a qualifying stage

• The method chosen as a qualifier and the respective pass mark should be stated in the call for applications

• The condition that candidates must obtain a pass mark in the qualifying stage in order to qualify for the next stage in the assessment process should appear both in the call for applications and on the result sheet

• Result sheet must show separately the marks obtained by each candidate in respect of the qualifying stage and the remaining assessment stage/s, as well as the overall total

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Supplementary assessment mechanisms

• Should not be used as a qualifying component unless stated in the call

• Should form an integral part of the selection process and applied uniformly to all eligible candidates

• Candidates are to be informed beforehand of any non-qualifying methods to be adopted which were not stated in the call for applications at the stage when they are contacted by the Selection Board

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Other essential points regarding the call for applications

• Calls to be issued in the Maltese and English languages – exceptions are permitted when justifiable reasons exist, e.g. an internal call for the Industrial and Supervisory Grades may be issued in the Maltese language only, a call which is advertised overseas may be advertised only in the language pertaining to the respective country

• It is to be ensured that the Maltese and English versions are consistent with each other

• Calls should state the method and closing date for submission of applications (unless a shorter period is authorised by PSC, 10 working days should be allowed)

• Calls should also state how the candidates will be notified of the result and inform candidates of their right to appeal (i.e. submitting representations in cases of ineligibility or petitions on the result, together with the respective timeframes)

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Corrections to/withdrawal of the call for applications

• Corrections may be made to a call for applications without the need for PSC approval, provided that:corrections are published and advertised with the same

prominence as the original callif the corrections result in the widening of the eligibility

parameters, the closing date should be extended by at least 10 additional working days so that applicants who are rendered eligible are given the opportunity to apply

• The withdrawal of a call for applications must invariably be authorised by the PSC on the basis of a strong justification by the authorities

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Receipt, registration and acknowledgement of applications

• The officer who receives applications is to:

‒ Keep an appropriate record of the date and time of receipt of each application

‒ Register each application, give it an application number and acknowledge it immediately and, in any case, by not later than 5 working days from its receipt

‒ Draw up a schedule of applications received by the deadline – the schedule should be drawn up on an Excel worksheet and should include, in separate cells, the name, address, grade and Department (if applicable), date of birth, ID Number, electronic address, mobile phone number, qualifications, etc. of every applicant

‒ Draw up a similar, but separate, schedule in respect of late applications, if any

• The closing date and time are to be strictly observed - any application, received after the closing date, is to be clearly marked “late application”

• Applications received after the closing date and closing time should not be considered by Selection Boards unless the PSC permits their acceptance on the basis of the justification given

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Record-keepingThe departmental “post/position” file should include:

• the requisite approval for the filling of the vacancy

• a record of any advertisement/s made

• details on the composition of the Selection Board

• details on the assessment method, criteria and weightings used

• a record of the applications received and the acknowledgements sent to applicants

• the dossier compiled by the Chairperson of the Selection Board - the dossier should be a complete record of the selection process and should include a copy of the call for applications, the original applications received, copies of the notices sent to applicants, a copy of the official job description, the approved assessment method, selection criteria, sub-criteria and weightings used, and all other documents and copies of correspondence connected with the selection process

• the Selection Board report

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Non-discrimination and equality of opportunity (1)Discriminatory treatment is defined in the Employment and Industrial Relations Act (Cap. 452 of the Laws of Malta), the Equal Treatment in Employment Regulations (SL 452.95), the Equality for Men and Women Act (Cap. 456 of the Laws of Malta) and the Gender Identity, Gender Expression and Sex Characteristics Act (Cap. 540 of the Laws of Malta). Discrimination is the less favourable treatment of a person based on that person’s:-• marital status, pregnancy, potential pregnancy, gender or family

responsibilities• sex, sexual orientation, gender identity, gender expression or sex

characteristics• disability• age• religion or religious belief• racial or ethnic origin• political opinion or membership in a trade union or in an employers’

association

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Non-discrimination and equality of opportunity (2)

In determining the eligibility of applicants and in assessing candidates, the following guidelines should be adhered to:-• All applications should be processed in exactly the same way• Persons should be assessed according to their personal capability and

competence to carry out a given job• Questions asked during interviews should relate to the requirements of

the job• Questions which may be construed as leading to discriminatory treatment

should be strictly avoided• In particular, questions related to the candidate’s gender, family

responsibilities, marital status and pregnancy/potential pregnancy are not to be asked

• In the case of promotion, care should be taken to consider favourably the non formal qualifications arising from general experience and differing career patterns of candidates

Appointing the Selection Board

1. Concurrently with the publication of the call for applications, the authorities shall appoint a Selection Board.

2. Each Selection Board shall include 3 persons: the Chairperson who should be a serving public officer, and 2 persons appointed from the Standing Selection Panel (SSP).

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Selection boards for professional and specialised posts Selection Boards should include at least 2 specialised

members for sufficient specialised input, and should be composed of:

− a Chairperson (being a serving public officer having specialised knowledge);

− two other members appointed from the SSP, one having specialised knowledge.

If no specialised persons are available from the SSP, one SSP member is to be replaced by a serving public officer who is specialised in the field.

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Additional parameters

− Public officers who are appointed to sit on Selection Boards must be at least one grade higher than the vacancy to be filled.

− As far as possible, a Selection Board should include members of both genders.

− Substitute Chairperson and Member/s are to be invariably appointed.

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The authorities shall ensure that a selection board does not include persons who are precluded from serving on selection boards in accordance with the parameters set in the PSC (Appointments) Regulations and sub-section 2.2 of the Manual on the Recruitment and Selection Procedure under Delegated Authority.

Any of the parameters stated therein may only be waived by the PSC.

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Selection Boards are not to be subject to direction from any person or authority, except the PSC, insofar as assessment of candidates is concerned.

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After the closing date

Immediately after the closing date for the receipt of applications, the head of department shall furnish the Chairperson of the Selection Board with: − all application forms and enclosures under

confidential cover;− a target date for submission of the Selection

Board’s report, which should not exceed six weeks from the date of submission of this material by the head of department.

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The Selection BoardConflict of interest (1)

Before the start of the interviews, each member of the Selection Board is required to sign PSC Declaration Form 6 concerning conflict of interest, declaring that:a) s/he is not related to any candidate by consanguinity

or affinity to the fourth degree inclusive:DEGREE

First Spouse/partner in civil union

Son/Daughter Father/Mother Brother/Sister

Second Grandson Granddaughter

Grandparents Nephew/Niece

Third Uncle/Aunt

Fourth Cousin 28


b) he/she was not a tutor or curator of any candidate in terms of the Civil Code;c) his/her non work-related activities,

including but not limited to, any participation in political activities, do not place him/her in a conflict of interest as a Chairperson/Member of the Selection Board; andd) the whole proceedings of the Board

are kept confidential.29


• Should the Chairperson or any of the Members of the Selection Board not be in a position to sign PSC Declaration Form 6 – “Conflict of Interest” – he/she should immediately notify the respective authorities to this effect.

• To avoid any potential conflicts of interest, public officers appointed on selection boards are to refrain from making letters of reference in favour of applicants for the call for applications under consideration.

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The Selection BoardConfidentiality

Selection Boards are subject to the restriction on disclosure of information laid down in regulation 36 of the new Public Service Commission (Appointments) Regulations. This means that no member of the Selection Board may divulge the report or proceedings of the board to any other person.

Members of Selection Boards are to refrain from giving any information concerning the selection process or the result to candidates, other persons, or institutions.

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The Selection BoardDetermining eligibility (1)

• Responsibility for determining whether or not candidates meet the eligibility requirements lies with the Selection Board.

• Only candidates who meet the eligibility requirements set out in the call for applications may undergo the selection process.

• The Selection Board has no authority to deviate from or make exceptions to, the requirements set in the call for applications.

• Chairpersons and Members of the Selection Board are required to sign PSC Declaration Form No 7 regarding the “Eligibility of Candidates”, which is submitted with the report of the Selection Board.

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Qualifications• Any difficulty in determining whether a qualification

presented with an application is comparable to the level of the qualification required for eligibility purposes is to be referred to MQRIC.

• MQRIC will not, however, enter into the merits of whether a comparable qualification (in terms of level) is appropriate in terms of subject matter or content. This should be determined by the Board.

• In cases of difficulty, the Selection Board should request candidates to submit a transcript of their qualification to be in a position to determine eligibility or otherwise.

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• Grade/scaleThe eligibility of applicants, insofar as their grade/scale is concerned, is strictly determined in accordance with the GP 47 issued prior to the closing date of the call for applications. A GP 47 should be signed by an officer not below the grade of Principal

The Selection BoardInterpreting eligibility requirements

• Service in the grade means service in a particular grade in the Public Service, starting from the date of the applicant’s appointment to that grade. Computation should be made in accordance with paragraphs 1.3.16.4 and 5.4.1.7(h) of the PSMC.

• Experience in a relevant area includes experience in both private and public sectors, locally and abroad. Computation should be made in accordance with paragraph 1.3.17.2 of the PSMC.

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The Selection BoardInterpreting the call for applications

In instances of lack of clarity or conflicts between the English and Maltese versions, or provisions which are in conflict with each other, it is the Maltese version of the call for applications which shall prevail.

If the Selection Board considers that the Maltese text is incorrect, it shall seek the advice of the PSC.

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The Selection BoardWaiver of eligibility requirements (1)

• Disabled applicants

Disabled applicants who do not satisfy the eligibility requirements set in the call for applications may seek waivers of specific eligibility requirements on account of their disability.

Selection Boards should refer requests for reasonable accommodation for consideration by the PSC in terms of sub-section 1.2.3 of the PSMC.

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The Selection BoardWaiver of eligibility requirements (2)

• Administrative errorsIf, as a result of an administrative error or delay by a public body, applicants are unable to obtain a certificate, licence, warrant or registration by the closing date of the call for applications (even though they were entitled to it), it is the PSC’s policy that applicants should not be penalised for administrative delays or errors over which applicants have no control.

Cases of apparent ineligibility as a result of administrative delays or errors should be referred to the PSC for a ruling.

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• An applicant with a criminal record is not automatically disqualified from employment in the Public Service.

• Three types of conduct certificates:− Form A: clean record;− Form B: criminal record;− Form C: indicates that the holder “does not have

any offences which are recordable under the terms of the Conduct Certificates Ordinance.” This form does not specify the offences the holder was convicted of.

The Selection BoardConduct certificates (1)

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The Selection BoardConduct certificates (2)

Selection Boards should be guided by paragraph 1.2.6.2 of the PSMC when determining applicants’ eligibility with regard to conduct on the basis of their record of conduct.

An applicant who produces a Form C conduct certificate, and is otherwise eligible for the post, should be requested by the Selection Board to produce a full criminal record ‘fedina penale’, on the basis of which the Selection Board shall determine whether the applicant should be considered for the post. An applicant who fails to produce the ‘fedina penale’ within a stipulated time-frame is to be considered ineligible.

The Selection Board shall state its decisions in writing which should be attached to its report under confidential cover.

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The Selection BoardInforming applicants of their ineligibility

• Applicants who are found to be ineligible should be so informed by the Selection Board and given the reason/s for their ineligibility by quoting the relevant paragraph in the call for applications.

• These applicants have the right to submit representations to the PSC to contest the decision of the Selection Board within 5 working days from the date of notification, giving justified reasons.

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The Selection BoardNotification of interviews (1)

Selection Boards are to ensure that candidates are informed in good time (minimum one week) of the date of their interview, as well as of any other non-qualifying assessment methods, and of the selection criteria to be adopted in the selection process.

Selection Boards are under no obligation to provide an alternative date for the interview when a candidate is unable to attend on the scheduled date. However, in genuine cases of unavailability, every effort should be made to grant

candidates the opportunity of an interview.

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The Selection BoardNotification of interviews (2)

If an applicant is unable to physically attend for an interview, the Selection Board may carry out the interview by video-conference, after verifying the identity of the applicant.

Conducting interviews over the telephone is not permissible.

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The Selection BoardCommunicating with applicants (1)

Selection Boards are to communicate with applicants:

• By means of the “recorded delivery” facility of MaltaPost plc which provides tangible proof that the candidate concerned has been notified, and the notification delivered, at the address given in the application by the candidate. This method also provides an official notification date in cases where time limits are applicable.

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The Selection BoardCommunicating with applicants (2)

• Otherwise, applicants who supply an e-mail address may be contacted by e-mail. In such cases, Selection Boards should include in each e-mail a request to the candidate to acknowledge receipt, and to follow up the notification by phone or other means in cases where candidates fail to acknowledge receipt.

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Selection criteria and weightings (1)

Concurrently with the issue of the call for applications, the authorities shall also determine the selection criteria and weightings to be applied in assessing candidates in a particular selection process.

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Semi-standard criteria and weightingsRelated Knowledge 20%

Relevant Experience20%

Skills and abilities required for the post/position 20%

Qualifications 20%

Remainder of marks tobe distributed among the above criteriaor any other criteria 20%

_____100%

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Pointers for determining the weighting for each criterion:

1) Experience is of limited value in basic entry posts. Placing weight on experience may offer undue advantage to candidates with prior work experience at the expense of others who may be brighter or better qualified. In such cases, placing weight on qualifications rather than experience, is usually a better option.

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2) On the other hand, qualifications become progressively less important as one approaches senior management level. At this level, weight should be placed on experience as opposed to qualifications. An assessment of candidates’ track record (initiatives, personal achievements) is particularly important at this level. This applies to management posts.

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If a deviation from the semi-standard criteria is contemplated, the selection criteria should be endorsed by the Public Service Commission prior to the start of the interviews.

The final selection criteria to be adopted in a selection process should be distributed to all candidates, as an attachment to the letter or e-mail notifying candidates to attend an interview.

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Sub-criteriaGeneral provisions (1)

• Prior to the commencement of the interviews, the Selection Board is required to draw up sub-criteria for every selection criterion approved by the authorities.

• The Selection Board should submit sub-criteria for the information of the authorities before conducting the interviews and is to include a statement of the sub-criteria in its report.

• The authorities must signify that the Selection Board may proceed with the interviews.

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Sub-criteriaGeneral provisions (2)

Sub-criteria must define the selection criteria and indicate how marks will be allocated under each criterion. Vague sub-criteria such as “suitability” or “aptitude” should be avoided. The selection criteria and sub-criteria for a post should refer to the specific qualities required for the post.

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Sub-criteriaRelated knowledge

Selection Boards should consider what candidates should know in order to perform the duties of the job successfully. Sub-criteria under this criterion should test candidates’ grasp of the material covered in qualifications required for eligibility purposes, or assess their knowledge of related subject matter.

This criterion should be assessed on the basis of interview questions or other supplementary selection mechanisms, rather than through the award of marks for possession of qualifications.

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Sub-criteriaRelevant experience

• Selection Boards may choose to award marks on the basis of the duration of applicants’ relevant experience, or on the basis of applicants’ record of achievements, or both.

• Selection Boards should ensure that they do not inadvertently penalise candidates who have spent their entire career performing work directly related to the vacancy to be filled.

• Selection Boards should not differentiate between experience in the Public Service and experience elsewhere. Neither should Selection Boards differentiate between experience in Malta and experience in other countries, as long as the experience is relevant.

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Sub-criteriaSkills and abilities

Selection Boards should consider what skills and abilities would give candidates a better chance of performing the duties of the job successfully. This criterion can be used to test specific learned skills, e.g. ability to use office software, and/or innate abilities such as judgement, intellectual ability or tact.

This criterion may be assessed on the basis of interview questions or other supplementary selection mechanisms.

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Sub-criteriaQualifications (1)

• No marks are to be awarded for qualifications which are a pre-requisite for the vacancy.

• Marks may be awarded for the ranking obtained in the relative degree or other qualification.

• Marks given for ranking should not exceed 25 per cent of the total mark for the “qualifications” criterion.

• If the Selection Board finds difficulty to assess qualifications presented, candidates are to be requested to submit a transcript of their qualifications.

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Where a call for applications includes alternative eligibility requirements, and an applicant satisfies more than one requirement, the Selection Board should adjudge the applicant as qualifying under the requirement that would not unnecessarily deprive the applicant of marks for the higher qualification. No additional marks should be awarded for qualifications which are directly linked to the attainment of a higher qualification.

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A candidate who submits an application on the basis of a qualification which is higher than that required, but is not in possession of the qualification at the required level, is to be considered eligible, provided that the candidate meets the other applicable requirements of the call. In such cases, no marks are to be awarded for the higher qualification on the basis of which the candidate has been considered to satisfy the eligibility criteria.

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Adjusting the maximum mark

While retaining the weightings for the selection criteria as approved by the authorities, Selection Boards should proportionately increase the marking range as follows:

– where the number of applicants is between 21 to 50, the range of marks should be 0 to 200;

– where the number of applicants is between 51 and 100, the range of marks should be 0 to 300;

– where the number of applicants is between 101 and 500, the range of marks should be 0 to 1000; and

– where the number of applicants exceeds 500, the range of marks should be 0 to 1200.

–Should the Selection Board feel that a further increase in the marking range is necessary, it should seek the approval of the authorities.

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Assessment of candidates (1)

i. The interviewing process should be structured to ensure that it addresses all the criteria and sub- criteria, and targets the duties related to the post.

ii. Selection Boards should assess candidates solely on the basis of the selection criteria and sub-criteria, and should not take into consideration extraneous factors.

Any legitimate considerations on (i) and (ii) above should be raised by the authorities with the PSC after the conclusion of the selection process.

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During the interview Selection Boards:• Must not discriminate on grounds of gender or

family responsibilities or vulnerabilities, and are to ensure equality of opportunity.

• Are required to keep notes on each candidate’s performance during the interview and workings relating to the selection process. Selection Boards should be in a position to comment on any points made by applicants if petitions are submitted to the Public Service Commission and/or complaints are filed with the Ombudsman.

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The award of fractions of a mark in the final result is not allowed.

Cases such as those resulting in ties, or where the difference in ranking order is that of one/two marks, or borderline failures, require specific scrutiny.

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The Selection Board report (1)

Before compiling the report, the Selection Board should ensure that no representations contesting eligibility are pending with the Commission.

The report should account for the total number of applicants.

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The Selection Board report (2)Establishing the order of merit of candidates who obtain the same marks:

• In the case of ties between public officers: – The candidate with the highest salary scale takes

precedence.– If both are in the same salary scale, the candidate with

the earliest date of appointment takes precedence.• If one candidate is a serving public officer and the

other is not, the serving officer takes precedence.• In the case of non-public officers, the elder candidate

takes precedence.• Refer to sub-section 1.3.9 of the PSMC.

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Documents to be attached to the report:– the signed declaration PSC forms 6 and 7;– a list of all applicants;– a statement setting out the sub-criteria and weightings

set by the Selection Board;– an assessment sheet setting out the marks allotted to

each candidate under each criterion and sub-criterion;– two copies of the result sheet (order of merit), each

showing the full name and signature of all the Board members;

– copies of letter/s of withdrawal from candidates (if applicable);

– any other document under confidential cover.

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• The report should include details of due scrutiny exercised in cases resulting in ties, or where the difference in ranking order is that of one/two marks, or borderline failures.

• If a member of the Selection Board dissents from the recommendations made by the Board, s/he should state his or her reasons and views in a separate report.

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• When the Selection Board is satisfied that the report meets all the requirements, it should forward its report to the authorities where the vacancy exists, for publication of the results.

• In cases where a Selection Board is chaired by the Permanent Secretary, the Selection Board shall forward its report to the PPS who shall endorse it for publication purposes.

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Publication / issue of result

The result is published / issued by the authorities after it has been ensured that the Selection Board report meets the established requirements, e.g.:-

• The report should account for all applications, whether eligible or ineligible, together with the respective reasons for ineligibility

• The result should not feature the names of candidates who failed to obtain a passmark

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Publication of result (in the case of posts/positions below salary scale 5)• Result to be displayed on the departmental notice board and on the notice boards

of other offices or branches of the department

• On the same day, a notification of the publication of the result is to appear on the Ministry’s / department’s website (a printed copy of the notification, clearly indicating the date when it was uploaded, is to be kept in the respective file)

• Concurrently, an SMS alert is to be sent to all candidates who underwent the selection process and who submitted a mobile phone number (and an email address) with their application. The SMS alert (maximum of 160 characters) is to be limited to informing the candidates that the result for the particular vacancy has been published at the respective Ministry/Department. Towards this end, the authorities shall ensure that:-

– a list, in Excel format, is extracted from the published result comprising the name and mobile number (and email address) of those candidates, both successful and unsuccessful, who underwent selection;

– arrangements with the Ministry’s Chief Information Officer have been made in order to obtain the access for the system that will make possible the issue of SMS alerts

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Issue of result (in the case of posts/positions salary scale 5 or higher)

Result will not be published but will be sent to the candidates by e-mail at the e-mail address provided by candidates on their application form

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Appointment of successful candidates (1)

• Appointments are not to be made before the 10 working days allowed for the submission of petitions expire, unless clearance is obtained from the PSC to proceed with appointments on grounds of public interest

• When the 10 working days allowed for the submission of petitions expire, the authorities shall enquire in writing with the PSC whether the ministry concerned may proceed with the making of appointments

• If no petitions were submitted, and the authorities are in agreement with the Selection Board report, the authorities shall proceed to make appointments strictly in accordance with (i) the order of merit obtained in the published result and (ii) the number of approved vacancies

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• If petitions have been submitted to the PSC, a number of vacancies equal to the number of petitions received should be held open until the petitions are resolved, unless clearance is obtained from the PSC to proceed with the appointments owing to urgency attached to the filling of vacancies

• In the event that a petition is upheld and this leads to an additional appointment by way of redress, the authorities should refer to PAHRO with respect to financial arrangements

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• If for any reason, as stipulated in regulation 20 of the PSC Appointments Regulations, the authorities are of the opinion that a successful candidate, according to the order of merit recommended by the Selection Board, should not be appointed, they shall submit the matter together with all the relevant documentation, for consideration of the Public Service Commission

• The Public Service Commission, after giving the candidate concerned the opportunity to submit representations and considering the matter, shall direct the authorities on how to proceed and they shall proceed accordingly.

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• Before they are appointed, selected candidates (internal and external) should be required to sign a declaration (as per specimen available for download from the PAHRO website) stating that they have no pending criminal case, and have no convictions other than as stated in their application

• Public officers should also declare that they have no pending disciplinary cases and have not been found guilty of any disciplinary offences other than those in their GP47

• If, on the basis of any of the above, the authorities are of the opinion that a successful candidate should not be appointed, they are to submit the matter, together with all the relevant documentation, for the consideration of the Public Service Commission

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Dates of appointment

• In the case of appointment to a substantive grade, the Permanent Secretary shall determine the effective date of appointment

• In the case of appointment to a definite position, the date of appointment shall be the date when the appointee actually takes up the duties of the position

• In any case, the date of appointment shall not be earlier than the date of publication or individual communication of the respective result

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Letters of appointment• To be issued both in the case of substantive grades, as well as positions

of a definite duration• May be issued either in Maltese or English• To be signed by the Permanent Secretary• An appointment is considered to have been formally approved upon

signature of the respective letter of appointment by the Permanent Secretary, without prejudice to the possibility that the letter of appointment may specify a different effective date

• Specimen letters of appointment in respect of indefinite and definite appointments, as applicable, are available for download on the PAHRO website

• Copies of the letter of appointment are to be sent to the HR Management Systems Directorate within the Public Administration HR Office, and the Gozo Salaries Section

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Validity period of the result

• Validity period is for a period of one year from the date of publication of the result (or the date the result is sent to candidates in the case of posts/positions in salary scale 5 or higher) unless otherwise stated in the call for applications

• The result of the interview will serve to fill vacancies recurring in that particular post/position during the validity period

• PSC may, if it deems it necessary and proper, authorise the extension of the validity period.

• If, within the validity period of the result, a fresh call for applications is issued for the same post/position, any remaining candidates on the initial pass list who are not yet appointed will, during the validity period of the first call, take precedence over successful candidates from the second call.

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Postponement of appointment The policy remains essentially the same, but power is delegated to the Permanent Secretary, provided that postponement is made within the validity period of the result. Therefore:-• Requests for the delay/postponement of an appointment will be

approved, or turned down, for justifiable reasons, by the Permanent Secretary

• If a candidate requests a delay in taking up appointment to a substantive grade not longer than 12 weeks from the effective date established by the PS, then the effective date of appointment will remain unchanged

• If a candidate requests a postponement of appointment to a substantive grade beyond 12 weeks from the effective date established by the PS, then the date of appointment will be the date when the appointee actually takes up the duties

• In the case of appointment to a definite position, the date of appointment is invariably the date when the appointee actually takes up the duties of the position

PetitionsTime-frame for the submission of petitions

In the case of posts or positions in salary scale 6 or below, ten (10) working days from the date on which notification appears on the website of the respective Ministry/Department stating that the result has been issued; or

In the case of posts or positions in salary scale 5 or higher, ten (10) working days from the date on which the result is sent to the candidate concerned, by e-mail at the e-mail address provided by candidates on their application form.

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PetitionsRole of the PSC in dealing with petitions (1)

The PSC shall inquire into and investigate any selection process.

Selection Boards should be in a position to comment on the points raised by petitioners and on any other clarifications required by the Commission.

Replies are to reach the Commission in the shortest time possible.

The Commission shall inform the petitioner of the outcome of its investigation.

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The Commission is empowered to change and/or annul any wrong decision and shall take whatever action it deems fit to provide appropriate redress, including the issue of a revised result or the annulment of the selection process.

The Commission may, in cases of abuse, recommend disciplinary/criminal action against defaulting officers.

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A revised result shall not give grounds for the submission of fresh petitions, unless these are made by candidates who are placed at a disadvantage in the revised ranking.

In exercising its power to change and/or annul any wrong decision, the Commission may recommend to the Prime Minister that an appointment be withdrawn or else revoked.

In the case of a flawed selection exercise, the Commission retains the right to order a fresh selection process by a fresh Selection Board.

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the selection and appointment process under delegated authority in the malta public service 1

Documents

selection criteria

selection processshall

andcthe selection board

current psc regulations

recommendation of psc

permanent secretaries

legal framework applicable

new role