Appointments Procedure
By instrument dated 28 May 2013, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Commission the power to make and to postpone appointments to public officers below senior management level, and the power to withhold the progression of public officers in the same salary scales from one scale to the next within the same grade.
- Make appointments to public offices, other than headship positions, provided that such appointments are made following a competitive selection process and on the basis of a valid order of merit;
- Postpone appointments to which para (a) refers;
- Extend fixed-term appointments or renew such appointments for subsequent terms, provided that any appointments so extended or renewed were initially made on the basis of a competitive selection process;
- Fill a position by lateral appointment without the need for a competitive selection process, as provided for in article 25 of the Public Administration Act (Cap. 497).
Consequently, as from 1 February 2016, Directive 9 came into force and the delegation of authority for the filling of vacancies in the Public Sector Entities, introduced through Directive 7, was extended to the Public Service. Directive 9 set out the procedures which apply to selection processes and appointments under the authority of Permanent Secretaries in terms of the instrument of delegation approved by the Prime Minister for this purpose. Also from that date, the 1960 PSC Regulations were revoked and were replaced by two new sets of regulations – the PSC (General) Regulations and the PSC (Appointments) Regulations.
The Role of The PSC
With the authority to conduct selection processes and to make appointments being delegated to Permanent Secretaries, as introduced through Directive 9, the role of the Commission has become more of a regulatory and investigative nature, where it comes to the making of appointments to public offices. The Commission is empowered to issue directions to regulate any aspect of the selection process and inquire into and investigate any selection process, on its own initiative, or following petitions or representations by applicants or submissions by heads of departments.
Representations (Selection Processes)
Applicants who are deemed ineligible by a Selection Board have the right to submit representations in writing to the Public Service Commission to contest the decision of the Selection Board within 5 working days from the date of notification, giving justified reasons.
The Selection Board should ensure that applicants who are found to be ineligible for a particular call for applications are so informed and given the reason/s for their ineligibility by quoting the relevant paragraph in the call for applications.
Representations may be made in writing, addressed to the Executive Secretary of the Commission, on email address psc@gov.mt. Persons making such representations are to explain clearly the grounds for their representations and submit such supportive documentation as may be necessary for the Commission to consider their claim or complaint.
Further information can be found in the following:
Petitions (Selection Processes)
The Public Service Commission has the power to inquire into and investigate any selection process in order to determine whether a petition submitted by a candidate on matters concerning competitive selection is justified or not.
Petitions regarding a selection process are to reach the Executive Secretary, Public Service Commission, in writing by e-mailing on psc@gov.mt within:
- Ten (10) working days from the date on which notification appears on the website of the respective Ministry/Departments stating that the result has been issued, in the case of posts or positions in salary scale 6 or below; or
- 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, in the case of posts or positions in salary scale 5 or higher.
If a petition, complaint or appeal is found to be justified, 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, as well as recommending disciplinary/criminal action against defaulting officers/persons in cases of abuse, as considered appropriate.
A revised result shall not give grounds for the submission of fresh petitions. However, the Commission may consider petitions from any candidate who is 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 revoked in terms of sub-regulation 32 of the PSC Appointments Regulations.
In the case of a flawed selection exercise, or in other cases as deemed necessary and appropriate by the PSC, the Commission retains the right to order a fresh selection process by a fresh Selection Board.
Further information can be found in the following: