Public Service Act 1999
No. 147, 1999
Compilation No. 20
Compilation date:
29 December 2018
Includes amendments up to:
Act No. 67, 2018
Registered:
21 January 2019
Prepared by the Office of Parliamentary Counsel, Canberra
Authorised Version C2019C00057 registered 21/01/2019
About this compilation
This compilation
This is a compilation of the
Public Service Act 1999 that shows the text of the
law as amended and in force on 29 December 2018 (the
compilation date).
The notes at the end of this compilation (the
endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
Authorised Version C2019C00057 registered 21/01/2019
Contents
Part 1—Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Objects of this Act ............................................................................. 1
4
This Act binds the Crown .................................................................. 2
5
This Act extends to things outside Australia ..................................... 2
6
Engagement of employees in Department or Executive
Agency .............................................................................................. 2
Part 2—Interpretation
3
7
Interpretation ..................................................................................... 3
8
Relationship with Fair Work Acts ..................................................... 6
Part 3—The Australian Public Service
8
9
Constitution of the APS ..................................................................... 8
10
APS Values ....................................................................................... 8
10A
APS Employment Principles ............................................................. 9
11
Commissioner’s Directions about APS Values ............................... 10
11A
Commissioner’s Directions about employment matters .................. 10
12
Agency Heads must promote APS Values and APS
Employment Principles.................................................................... 11
13
The APS Code of Conduct .............................................................. 11
14
Agency Heads and statutory office holders bound by Code of
Conduct ........................................................................................... 13
15
Breaches of the Code of Conduct .................................................... 14
18
Promotion of employment equity .................................................... 16
19
Limitation on Ministerial directions to Agency Head ...................... 16
Part 4—APS employees
17
Division 1—APS employees generally
17
20
Employer powers etc. of Agency Head ........................................... 17
21
Prime Minister’s directions to Agency Heads ................................. 17
22
Engagement of APS employees ....................................................... 17
23
Classification Rules ......................................................................... 18
24
Terms and conditions of employment ............................................. 20
25
Assignment of duties ....................................................................... 21
26
Voluntary moves between Agencies ................................................ 21
27
Compulsory moves between Agencies ............................................ 22
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Suspension ....................................................................................... 22
29
Termination of employment ............................................................ 22
30
Retirement ....................................................................................... 23
31
Forfeiture of additional remuneration .............................................. 23
32
Right of return for election candidates............................................. 24
33
Review of actions ............................................................................ 24
Division 2—The Senior Executive Service
27
34
SES employees ................................................................................ 27
35
Constitution and role of SES ........................................................... 27
37
Incentive to retire ............................................................................. 27
38
Commissioner’s certificate required for termination of SES
employment ..................................................................................... 28
Division 3—Heads of Mission
29
39
Heads of Mission ............................................................................. 29
Part 5—The Australian Public Service Commissioner
30
Division 1—Commissioner’s functions etc.
30
40
Australian Public Service Commissioner ........................................ 30
41
Commissioner’s functions ............................................................... 30
41A
Inquiry into alleged breach of Code of Conduct by Agency
Head ................................................................................................ 32
41B
Inquiry into alleged breach of Code of Conduct by APS
employee or former APS employee ................................................. 33
41C
Systems reviews .............................................................................. 35
41D
Special reviews ................................................................................ 36
42
Commissioner’s Directions ............................................................. 36
43
Commissioner’s inquiry powers ...................................................... 36
44
State of the Service report ............................................................... 37
Division 2—Commissioner’s appointment, conditions etc.
38
45
Appointment of Commissioner ........................................................ 38
46
Remuneration and other terms and conditions of
appointment ..................................................................................... 38
47
Removal from office ........................................................................ 39
48
Acting Commissioner ...................................................................... 39
Division 3—Special Commissioners
40
48A
Appointment of Special Commissioners ......................................... 40
48B
Remuneration and other terms and conditions of
appointment ..................................................................................... 40
48C
Termination of appointment ............................................................ 41
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Part 6—The Merit Protection Commissioner
42
Division 1—Merit Protection Commissioner’s functions etc.
42
49
Merit Protection Commissioner ....................................................... 42
50
Merit Protection Commissioner’s functions .................................... 42
50A
Inquiry into alleged breach of Code of Conduct by APS
employee or former APS employee ................................................. 43
51
Annual report ................................................................................... 45
Division 2—Merit Protection Commissioner’s appointment,
conditions etc.
46
52
Appointment of Merit Protection Commissioner ............................. 46
53
Remuneration and other terms and conditions of
appointment ..................................................................................... 46
54
Removal from office ........................................................................ 47
55
Acting Merit Protection Commissioner ........................................... 47
Part 7—Secretaries of Departments
48
56
Creation of offices of Secretary ....................................................... 48
57
Roles and responsibilities of Secretaries.......................................... 48
58
Appointment .................................................................................... 49
59
Termination of appointment ............................................................ 51
60
Engagement of former Secretaries ................................................... 51
61
Remuneration and other terms and conditions of
appointment ..................................................................................... 52
61A
Annual performance review ............................................................ 52
62
Acting Secretary .............................................................................. 52
Part 8—Secretaries Board
53
64
Secretaries Board ............................................................................. 53
Part 9—Executive Agencies
54
65
Establishment etc. of Executive Agencies ....................................... 54
66
Responsibilities of Heads of Executive Agencies ............................ 54
67
Appointment etc. of Head ................................................................ 55
68
Remuneration and other terms and conditions of
appointment ..................................................................................... 55
69
Acting Head ..................................................................................... 56
Part 10—Administrative arrangements and re-organisations
57
71
Arrangements with States and Territories ........................................ 57
72
Machinery of government changes .................................................. 57
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Part 10A—Protection of information
60
72A
Protection of information—Commissioner’s functions etc. ............ 60
72B
Protection of information—Merit Protection Commissioner’s
functions etc. ................................................................................... 62
72C
Giving information or producing documents to
Commissioner not admissible in evidence etc. ................................ 65
72D
Giving information or producing documents to Merit
Protection Commissioner not admissible in evidence etc. ............... 67
72E
Release of personal information ...................................................... 68
Part 11—Miscellaneous
70
73
Payments in special circumstances .................................................. 70
74
Locally engaged employees ............................................................. 71
75
Attachment of salaries to satisfy judgment debts ............................. 71
77
Positions .......................................................................................... 71
78
Delegations ...................................................................................... 72
78A
Immunity from civil proceedings .................................................... 74
79
Regulations ...................................................................................... 75
Endnotes
76
Endnote 1—About the endnotes
76
Endnote 2—Abbreviation key
78
Endnote 3—Legislation history
79
Endnote 4—Amendment history
82
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Public Service Act 1999
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Preliminary
Part 1
Section 1
An Act to provide for the establishment and
management of the Australian Public Service, and
for other purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the
Public Service Act 1999.
Note:
See also the
Public Employment (Consequential and Transitional)
Amendment Act 1999.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed
by Proclamation.
(2) If this Act does not commence under subsection (1) within the
period of 6 months beginning on the day on which it receives the
Royal Assent, it commences on the first day after the end of that
period.
3 Objects of this Act
The main objects of this Act are:
(a) to establish an apolitical public service that is efficient and
effective in serving the Government, the Parliament and the
Australian public; and
(b) to provide a legal framework for the effective and fair
employment, management and leadership of APS employees;
and
(c) to define the powers, functions and responsibilities of
Agency Heads, the Australian Public Service Commissioner
and the Merit Protection Commissioner; and
(d) to establish rights and obligations of APS employees.
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Part 1 Preliminary
Section 4
4 This Act binds the Crown
This Act binds the Crown in right of the Commonwealth, but does
not make the Crown liable to be prosecuted for an offence.
5 This Act extends to things outside Australia
(1) This Act extends to acts, omissions, matters and things outside
Australia (unless the contrary intention appears).
(2) This Act extends to all the Territories.
6 Engagement of employees in Department or Executive Agency
(1) All persons engaged on behalf of the Commonwealth as employees
to perform functions in a Department or Executive Agency must be
engaged under this Act, or under the authority of another Act.
(2) Subsection (1) does not apply to persons engaged on an honorary
basis.
(3) This section does not, by implication, affect any power that an
Agency Head might otherwise have to engage persons as
independent contractors.
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Interpretation
Part 2
Section 7
Part 2—Interpretation
7 Interpretation
In this Act, unless the contrary intention appears:
acting SES employee means a non-SES employee who is acting in
a position usually occupied by an SES employee.
Agency means:
(a) a Department; or
(b) an Executive Agency; or
(c) a Statutory Agency.
Agency Head means:
(a) the Secretary of a Department; or
(b) the Head of an Executive Agency; or
(c) the Head of a Statutory Agency.
Agency Minister means:
(a) in relation to a Department—the Minister who administers
the Department; or
(b) in relation to an Executive Agency—the Minister who
administers the Agency; or
(c) in relation to a Statutory Agency—the Minister who
administers the provision of the Act that provides for the
appointment of the Head of the Agency.
APS means the Australian Public Service established by section 9.
APS employee means:
(a) a person engaged under section 22; or
(b) a person who is engaged as an APS employee under
section 72.
APS employment means employment as an APS employee.
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Part 2 Interpretation
Section 7
APS Employment Principles means the principles in section 10A.
APS Values means the values in section 10.
Australian Fair Pay and Conditions Standard has the same
meaning as in the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009.
Note:
See Schedules 4 and 9 of the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009 in relation to the application of
the Australian Fair Pay and Conditions Standard.
category of APS employee means one of the following categories:
(a) ongoing APS employees;
(b) APS employees engaged for a specified term or for the
duration of a specified task;
(c) APS employees engaged for duties that are irregular or
intermittent.
Classification Rules means rules made under section 23.
Code of Conduct means the rules in section 13.
Commissioner means the Australian Public Service Commissioner
appointed under this Act.
Commissioner’s Directions means directions issued by the
Commissioner under section 11, 11A or 15.
Department means a Department of State, excluding any part that
is itself an Executive Agency or Statutory Agency.
enterprise agreement has the same meaning as in the
Fair Work
Act 2009.
Executive Agency means an Executive Agency established under
section 65.
fair work instrument has the same meaning as in the
Fair Work
Act 2009.
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Interpretation
Part 2
Section 7
former APS employee means a person who was, but is no longer,
an APS employee.
Head:
(a) in relation to an Executive Agency—means the person
appointed as the Head of the Agency under section 67; and
(b) in relation to a Statutory Agency—means the person declared
by an Act to be the Head of the Agency.
Head of Mission means the head of:
(a) an Australian diplomatic mission; or
(b) an Australian consular mission.
locally engaged employee means a person engaged under
section 74.
Merit Protection Commissioner means the Merit Protection
Commissioner appointed under this Act.
modern award has the same meaning as in the
Fair Work Act
2009.
National Employment Standards has the same meaning as in the
Fair Work Act 2009.
non-ongoing APS employee means an APS employee who is not
an ongoing APS employee.
non-SES employee means an APS employee other than an SES
employee.
ongoing APS employee means a person engaged as an ongoing
APS employee, as mentioned in paragraph 22(2)(a).
overseas means outside Australia and the Territories.
Presiding Officer means the President of the Senate or the Speaker
of the House of Representatives.
Prime Minister’s Department means the Department of the Prime
Minister and Cabinet.
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Part 2 Interpretation
Section 8
Public Service Minister means the Minister who administers this
Act.
Secretaries Board means the Secretaries Board established by
section 64.
Secretary means the Secretary of a Department.
SES means the Senior Executive Service established by section 35.
SES employee has the meaning given by section 34.
Special Commissioner means a Special Commissioner appointed
under section 48A.
special review means a review conducted by the Commissioner
under subsection 41D(1).
Statutory Agency means a body or group of persons declared by a
law of the Commonwealth to be a Statutory Agency for the
purposes of this Act.
systems review means a review conducted by the Commissioner
under subsection 41C(1).
WR Act collective transitional instrument means an award, a
collective agreement or a pre-reform certified agreement (within
the meaning of those terms in the
Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009).
WR Act transitional instrument means an award, a workplace
agreement, a pre-reform certified agreement, an AWA or a
pre-reform AWA (within the meaning of those terms in the
Fair
Work (Transitional Provisions and Consequential Amendments)
Act 2009).
8 Relationship with Fair Work Acts
(1) This Act has effect subject to the
Fair Work Act 2009 and the
Fair
Work (Transitional Provisions and Consequential Amendments)
Act 2009.
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Interpretation
Part 2
Section 8
(2) Subsection (1) is not intended to imply anything about the
relationship between this Act and any Act other than the
Fair Work
Act 2009 or the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009.
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Part 3 The Australian Public Service
Section 9
Part 3—The Australian Public Service
9 Constitution of the APS
The Australian Public Service consists of Agency Heads and APS
employees.
10 APS Values
Committed to service
(1) The APS is professional, objective, innovative and efficient, and
works collaboratively to achieve the best results for the Australian
community and the Government.
Ethical
(2) The APS demonstrates leadership, is trustworthy, and acts with
integrity, in all that it does.
Respectful
(3) The APS respects all people, including their rights and their
heritage.
Accountable
(4) The APS is open and accountable to the Australian community
under the law and within the framework of Ministerial
responsibility.
Impartial
(5) The APS is apolitical and provides the Government with advice
that is frank, honest, timely and based on the best available
evidence.
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The Australian Public Service
Part 3
Section 10A
10A APS Employment Principles
APS Employment Principles
(1) The APS is a career-based public service that:
(a) makes fair employment decisions with a fair system of
review; and
(b) recognises that the usual basis for engagement is as an
ongoing APS employee; and
(c) makes decisions relating to engagement and promotion that
are based on merit; and
(d) requires effective performance from each employee; and
(e) provides flexible, safe and rewarding workplaces where
communication, consultation, cooperation and input from
employees on matters that affect their workplaces are valued;
and
(f) provides workplaces that are free from discrimination,
patronage and favouritism; and
(g) recognises the diversity of the Australian community and
fosters diversity in the workplace.
Decisions based on merit
(2) For the purposes of paragraph (1)(c), a decision relating to
engagement or promotion is based on merit if:
(a) all eligible members of the community were given a
reasonable opportunity to apply to perform the relevant
duties; and
(b) an assessment is made of the relative suitability of the
candidates to perform the relevant duties, using a competitive
selection process; and
(c) the assessment is based on the relationship between the
candidates’ work-related qualities and the work-related
qualities genuinely required to perform the relevant duties;
and
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Section 11
(d) the assessment focuses on the relative capacity of the
candidates to achieve outcomes related to the relevant duties;
and
(e) the assessment is the primary consideration in making the
decision.
Note:
Commissioner’s Directions may determine the scope or application of
the APS Employment Principles (see subsections 11A(2) and (3)).
11 Commissioner’s Directions about APS Values
(1) The Commissioner may issue directions in writing in relation to
any of the APS Values for the purpose of:
(a) ensuring that the APS incorporates and upholds the APS
Values; and
(b) determining where necessary the scope or application of the
APS Values.
Note:
See section 42 for general provisions relating to Commissioner’s
Directions.
(2) For the purposes of this Act other than this section, the APS Values
have effect subject to the restrictions (if any) in directions made
under subsection (1).
11A Commissioner’s Directions about employment matters
General
(1) The Commissioner may issue directions in writing about
employment matters relating to APS employees, including the
following:
(a) engagement;
(b) promotion;
(c) redeployment;
(d) mobility;
(e) training schemes;
(f) termination.
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Section 12
Note:
See section 42 for general provisions relating to Commissioner’s
Directions.
Directions about APS Employment Principles
(2) The Commissioner may issue directions in writing in relation to
any of the APS Employment Principles for the purpose of:
(a) ensuring that the APS incorporates and upholds the APS
Employment Principles; and
(b) determining where necessary the scope or application of the
APS Employment Principles.
Note:
See section 42 for general provisions relating to Commissioner’s
Directions.
(3) For the purposes of this Act (other than subsection (2)), the APS
Employment Principles have effect subject to any restrictions in
directions issued under subsection (2).
Directions of no effect to the extent of inconsistency with Prime
Minister’s direction
(4) A direction issued under this section has no effect to the extent that
it is inconsistent with a direction issued by the Prime Minister
under section 21.
12 Agency Heads must promote APS Values and APS Employment
Principles
An Agency Head must uphold and promote the APS Values and
APS Employment Principles.
13 The APS Code of Conduct
(1) An APS employee must behave honestly and with integrity in
connection with APS employment.
(2) An APS employee must act with care and diligence in connection
with APS employment.
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Section 13
(3) An APS employee, when acting in connection with APS
employment, must treat everyone with respect and courtesy, and
without harassment.
(4) An APS employee, when acting in connection with APS
employment, must comply with all applicable Australian laws. For
this purpose,
Australian law means:
(a) any Act (including this Act), or any instrument made under
an Act; or
(b) any law of a State or Territory, including any instrument
made under such a law.
(5) An APS employee must comply with any lawful and reasonable
direction given by someone in the employee’s Agency who has
authority to give the direction.
(6) An APS employee must maintain appropriate confidentiality about
dealings that the employee has with any Minister or Minister’s
member of staff.
(7) An APS employee must:
(a) take reasonable steps to avoid any conflict of interest (real or
apparent) in connection with the employee’s APS
employment; and
(b) disclose details of any material personal interest of the
employee in connection with the employee’s APS
employment.
(8) An APS employee must use Commonwealth resources in a proper
manner and for a proper purpose.
(9) An APS employee must not provide false or misleading
information in response to a request for information that is made
for official purposes in connection with the employee’s APS
employment.
(10) An APS employee must not improperly use inside information or
the employee’s duties, status, power or authority:
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(a) to gain, or seek to gain, a benefit or an advantage for the
employee or any other person; or
(b) to cause, or seek to cause, detriment to the employee’s
Agency, the Commonwealth or any other person.
(11) An APS employee must at all times behave in a way that upholds:
(a) the APS Values and APS Employment Principles; and
(b) the integrity and good reputation of the employee’s Agency
and the APS.
(12) An APS employee on duty overseas must at all times behave in a
way that upholds the good reputation of Australia.
(13) An APS employee must comply with any other conduct
requirement that is prescribed by the regulations.
14 Agency Heads and statutory office holders bound by Code of
Conduct
(1) Agency Heads are bound by the Code of Conduct in the same way
as APS employees.
(2) Statutory office holders are bound by the Code of Conduct, subject
to any regulations made under subsection (2A).
(2A) The regulations may make provision in relation to the extent to
which statutory office holders are bound by the Code of Conduct.
Note:
The regulations may make different provision with respect to different
statutory office holders or different classes of statutory office holders
(see subsection 33(3A) of the
Acts Interpretation Act 1901).
(3) In this section:
statutory office holder means a person who holds any office or
appointment under an Act, being an office or appointment that is
prescribed by the regulations for the purposes of this definition.
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Section 15
15 Breaches of the Code of Conduct
Sanctions that may be imposed
(1) An Agency Head may impose the following sanctions on an APS
employee in the Agency who is found (under procedures
established under subsection (3) of this section or
subsection 41B(3) or 50A(2)) to have breached the Code of
Conduct:
(a) termination of employment;
(b) reduction in classification;
(c) re-assignment of duties;
(d) reduction in salary;
(e) deductions from salary, by way of fine;
(f) a reprimand.
Note:
See sections 29 and 38 in relation to terminating an APS employee’s
employment.
(2) The regulations may prescribe limitations on the power of an
Agency Head to impose sanctions under subsection (1).
Providing false or misleading information etc. in connection with
engagement as an APS employee
(2A) A person who is, or was, an APS employee is taken to have
breached the Code of Conduct if the person is found (under
procedures established under subsection (3) of this section or
subsection 41B(3) or 50A(2)) to have, before being engaged as an
APS employee:
(a) knowingly provided false or misleading information to
another APS employee, or to a person acting on behalf of the
Commonwealth; or
(b) wilfully failed to disclose to another APS employee, or to a
person acting on behalf of the Commonwealth, information
that the person knew, or ought reasonably to have known,
was relevant; or
(c) otherwise failed to behave honestly and with integrity;
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in connection with the person’s engagement as an APS employee.
Note:
If the person is an APS employee at the time a finding referred to in
paragraph (2A)(a), (b) or (c) is made in relation to the person, the
Agency Head of the employee’s Agency may impose sanctions on the
person as permitted by subsection (1).
Procedures for determining whether APS employee, or former APS
employee, has breached the Code of Conduct etc.
(3) An Agency Head must establish written procedures in accordance
with this section for determining:
(a) whether an APS employee, or a former APS employee, in the
Agency has breached the Code of Conduct (including by
engaging in conduct referred to in subsection (2A)); and
(b) the sanction (if any) that is to be imposed under
subsection (1) on an APS employee in the Agency who is
found to have breached the Code of Conduct (including by
engaging in conduct referred to in subsection (2A)).
(4) The procedures:
(a) must comply with basic procedural requirements set out in
Commissioner’s Directions; and
(b) must have due regard to procedural fairness.
(5) In addition, and without affecting subsection (4), the procedures
may be different for:
(a) different categories of APS employees or former APS
employees; or
(b) APS employees, or former APS employees, who:
(i) have been convicted of an offence against a
Commonwealth, State or Territory law in respect of
conduct that is alleged to constitute a breach of the Code
of Conduct; or
(ii) have been found to have committed such an offence but
no conviction is recorded.
(6) The Commissioner must issue directions in writing for the
purposes of paragraph (4)(a).
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Section 18
Note:
See section 42 for general provisions relating to Commissioner’s
Directions.
(7) An Agency Head must ensure that the procedures established
under subsection (3) are made publicly available.
(8) Procedures established under subsection (3) are not legislative
instruments.
18 Promotion of employment equity
An Agency Head must establish a workplace diversity program to
assist in giving effect to the APS Employment Principles.
19 Limitation on Ministerial directions to Agency Head
An Agency Head is not subject to direction by any Minister in
relation to the exercise of powers by the Agency Head under
section 15 or Division 1 or 2 of Part 4 in relation to particular
individuals.
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Section 20
Part 4—APS employees
Division 1—APS employees generally
20 Employer powers etc. of Agency Head
(1) An Agency Head, on behalf of the Commonwealth, has all the
rights, duties and powers of an employer in respect of APS
employees in the Agency.
(2) Without limiting subsection (1), an Agency Head has, in respect of
APS employees in the Agency, the rights, duties and powers that
are prescribed by the regulations.
21 Prime Minister’s directions to Agency Heads
(1) The Prime Minister may issue general directions in writing to
Agency Heads relating to the management and leadership of APS
employees.
(2) A direction issued under subsection (1) is a legislative instrument.
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the direction (see regulations
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
Act).
22 Engagement of APS employees
(1) An Agency Head, on behalf of the Commonwealth, may engage
persons as employees for the purposes of the Agency.
(2) The engagement of an APS employee (including an engagement
under section 72) must be:
(a) as an ongoing APS employee; or
(b) for a specified term or for the duration of a specified task; or
(c) for duties that are irregular or intermittent.
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Note:
The usual basis for engagement is as an ongoing APS employee (see
paragraph 10A(1)(b)).
(4) The regulations may prescribe the circumstances in which persons
may be engaged as mentioned in paragraph (2)(b) or (c).
(5) An engagement for a specified term may be extended, subject to
any limitations prescribed by the regulations.
(6) The engagement of an APS employee (including an engagement
under section 72) may be made subject to conditions notified to the
employee, including conditions dealing with any of the following
matters:
(a) probation;
(b) citizenship;
(c) formal qualifications;
(d) security and character clearances;
(e) health clearances.
(7) Subsection (6) does not, by implication, limit the conditions that
may be applied to the engagement of an APS employee.
(8) An Agency Head must not engage, as an APS employee, a person
who is not an Australian citizen, unless the Agency Head considers
it appropriate to do so.
23 Classification Rules
(1) The Commissioner may, by legislative instrument, make rules
about classifications of APS employees.
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the Classification Rules (see
regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b)
of that Act).
(2) The Classification Rules may apply, adopt or incorporate, with or
without modification, any of the provisions of:
(a) a modern award, as in force at a particular time or as in force
from time to time; or
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(b) a transitional APCS, as in force at a particular time or as in
force from time to time.
(3) Agency Heads must comply with the Classification Rules.
(4) An Agency Head may reduce the classification of an APS
employee, without the employee’s consent, only in the following
circumstances:
(a) as a sanction under section 15;
(b) in the case of an SES employee—in accordance with
Commissioner’s Directions issued under subsection 11A(1);
(c) on the ground that the employee is excess to the requirements
of the Agency at the higher classification;
(d) on the ground that the employee lacks, or has lost, an
essential qualification for performing duties at the higher
classification;
(e) on the ground of non-performance, or unsatisfactory
performance, of duties at the higher classification;
(f) on the ground that the employee is unable to perform duties
at the higher classification because of physical or mental
incapacity;
(g) in other circumstances prescribed by the regulations.
(5) If a relevant industrial instrument, determination under this Act or
written contract of employment contains procedures to be followed
when reducing the classification, then a reduction is of no effect
unless those procedures are followed.
(6) In this section:
industrial instrument means:
(a) a modern award; or
(b) an enterprise agreement; or
(c) a workplace determination; or
(d) a WR Act transitional instrument; or
(e) a transitional APCS.
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transitional APCS has the meaning given by Schedule 2 to the
Fair Work (Transitional Provisions and Consequential
Amendments) Act 2009.
workplace determination has the same meaning as in the
Fair
Work Act 2009.
24 Terms and conditions of employment
(1) An Agency Head may from time to time determine in writing the
terms and conditions of employment applying to an APS employee
or APS employees in the Agency.
Note 1:
Certain terms and conditions of employment are applicable to an APS
employee under the Australian Fair Pay and Conditions Standard or
the National Employment Standards.
Note 2:
Other Commonwealth laws deal with matters such as superannuation,
compensation, long service leave and maternity leave.
(1A) A determination under subsection (1) is of no effect to the extent
that it would reduce the benefit to an APS employee of an
individual term or condition applicable to the employee under:
(a) a fair work instrument; or
(b) a WR Act transitional instrument.
Note:
A determination under subsection (1) would also be of no effect to the
extent that it would reduce the benefit to an APS employee of a term
or condition applicable to the employee under the Australian Fair Pay
and Conditions Standard or the National Employment Standards.
(2) A determination under subsection (1) may apply, adopt or
incorporate, with or without modification, any of the provisions of:
(a) a fair work instrument; or
(b) a WR Act collective transitional instrument;
as in force from time to time.
Note:
A determination under subsection (1) may apply, adopt or incorporate,
with or without modification, any of the provisions of the Australian
Fair Pay and Conditions Standard or the National Employment
Standards. However, any modification of the provisions of those
Standards by a determination under subsection (1) would be of no
effect to the extent that it would reduce the benefit to an APS
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Section 25
employee of a term or condition applicable to the employee under
those Standards.
(3) The Public Service Minister may, by legislative instrument,
determine the terms and conditions of employment applying to
APS employees, if the Public Service Minister is of the opinion
that it is desirable to do so because of exceptional circumstances.
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to the determination (see
regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b)
of that Act).
(4) The limitation in subsection (1A) does not apply in relation to a
determination under subsection (3).
(5) A determination under subsection (3) overrides the following, to
the extent of any inconsistency:
(a) a determination under subsection (1);
(b) the Australian Fair Pay and Conditions Standard;
(c) the National Employment Standards.
25 Assignment of duties
An Agency Head may from time to time determine the duties of an
APS employee in the Agency, and the place or places at which the
duties are to be performed.
26 Voluntary moves between Agencies
(1) An Agency Head may enter into an agreement in writing with an
APS employee for the employee to move to the Agency Head’s
Agency from another Agency.
(2) Subject to Commissioner’s Directions issued under
subsection 11A(1), the agreement has effect according to its terms,
by force of this section.
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Section 27
27 Compulsory moves between Agencies
(1) The Commissioner may, by direction in writing, move an excess
APS employee to another Agency, without anyone’s consent.
(2) For the purposes of this section, an APS employee is an
excess
APS employee if, and only if, the Agency Head has notified the
Commissioner in writing that the employee is excess to the
requirements of the Agency.
28 Suspension
The regulations may make provision in relation to the suspension
from duties of APS employees, with or without remuneration.
29 Termination of employment
(1) An Agency Head may at any time, by notice in writing, terminate
the employment of an APS employee in the Agency.
Note 1:
The
Fair Work Act 2009 has rules and entitlements that apply to
termination of employment.
Note 2:
Commissioner’s Directions issued under subsection 11A(1) may set
out procedures to be followed in terminating the employment of an
APS employee.
(2) For an ongoing APS employee, the notice must specify the ground
or grounds that are relied on for the termination.
(3) For an ongoing APS employee, the following are the only grounds
for termination:
(a) the employee is excess to the requirements of the Agency;
(b) the employee lacks, or has lost, an essential qualification for
performing his or her duties;
(c) non-performance, or unsatisfactory performance, of duties;
(d) inability to perform duties because of physical or mental
incapacity;
(e) failure to satisfactorily complete an entry-level training
course;
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(f) failure to meet a condition imposed under subsection 22(6);
(g) breach of the Code of Conduct;
(h) any other ground prescribed by the regulations.
(4) The regulations may prescribe the grounds for the termination of
the employment of non-ongoing APS employees.
(5) Subsection (4) does not, by implication, limit the grounds for
termination of the employment of a non-ongoing APS employee.
30 Retirement
(1) An APS employee who has reached the minimum retiring age is
entitled to retire at any time by notice in writing to the Agency
Head.
(2) The
minimum retiring age is 55 years, or such higher or lower age
as is prescribed by the regulations.
31 Forfeiture of additional remuneration
(1) If an APS employee receives any non-Commonwealth
remuneration for performing duties as an APS employee, then the
Agency Head may give a notice in writing to the employee in
relation to the whole, or a specified part, of the remuneration.
(2) The amount notified by the Agency Head:
(a) is taken to have been received by the employee on behalf of
the Commonwealth; and
(b) may be recovered by the Commonwealth from the employee
as a debt in a court of competent jurisdiction.
(3) If an Agency Head receives any non-Commonwealth remuneration
for performing duties as an Agency Head, then the Agency
Minister may give a notice in writing to the Agency Head in
relation to the whole, or a specified part, of the remuneration.
(4) The amount notified by the Agency Minister:
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(a) is taken to have been received by the Agency Head on behalf
of the Commonwealth; and
(b) may be recovered by the Commonwealth from the Agency
Head as a debt in a court of competent jurisdiction.
(5) In this section:
non-Commonwealth remuneration means any remuneration from
a person other than the Commonwealth.
32 Right of return for election candidates
(1) This section applies to a person if:
(a) the person resigned as an APS employee in order to contest
an election specified in Commissioner’s Directions issued
under subsection 11A(1); and
(b) the resignation took effect not earlier than 6 months before
the closing date for nominations; and
(c) the person was a candidate in the election but failed to be
elected.
(2) The person is entitled to be again engaged as an APS employee, in
accordance with Commissioner’s Directions issued under
subsection 11A(1) and within the time limits provided by those
Directions.
33 Review of actions
(1) An APS employee is entitled to review, in accordance with the
regulations, of any APS action that relates to his or her APS
employment. However, an APS employee is not entitled to review
under this section of APS action that consists of the termination of
the employee’s employment.
(2) The regulations may prescribe exceptions to the entitlement.
Note:
For example, the regulations might provide that there is not
entitlement to review if the application for review is frivolous or
vexatious.
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(3) Without limiting subsection (1), regulations made for the purposes
of that subsection may provide for the powers available to the
Merit Protection Commissioner, or any other person or body, when
conducting a review under the regulations.
(4) Regulations for the purposes of subsection (1):
(a) may provide for an initial review to be conducted within the
responsible Agency; and
(b) may provide that applications for review of particular kinds
of APS action are to be made directly to the Merit Protection
Commissioner; and
(c) must provide for an application for review to be referred to
the Merit Protection Commissioner if the applicant is not
satisfied with the outcome of an initial review within the
responsible Agency; and
(d) in the case of a review following an application or referral to
the Merit Protection Commissioner—must provide for the
review to be conducted by:
(i) the Merit Protection Commissioner; or
(ii) a person nominated by the Merit Protection
Commissioner; or
(iii) a 3 member committee constituted in accordance with
the regulations.
(5) A person or body that has conducted a review under this section
may make recommendations in a report on the review but does not
have power to make any binding decision as a result of the review,
except as provided by the regulations.
(6) If the Merit Protection Commissioner is not satisfied with the
response to recommendations contained in a report on a review
under this section, the Merit Protection Commissioner may, after
consulting the Public Service Minister, give a report on the matter
to the Agency Minister of the responsible Agency and to either or
both of the following:
(a) the Prime Minister;
(b) the Presiding Officers, for presentation to the Parliament.
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(7) In this section:
action includes a refusal or failure to act.
APS action means:
(a) action by a person in the capacity of an Agency Head or APS
employee; or
(b) action by the Commissioner under section 41B (including a
finding that an APS employee has breached the Code of
Conduct).
responsible Agency, in relation to APS action, means the Agency
in which the person who did the action was at the time of the
action.
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The Senior Executive Service
Division 2
Section 34
Division 2—The Senior Executive Service
34 SES employees
SES employees are those APS employees who are classified as
SES employees under the Classification Rules.
35 Constitution and role of SES
(1) The Senior Executive Service consists of the SES employees.
(2) The function of the SES is to provide APS-wide strategic
leadership of the highest quality that contributes to an effective and
cohesive APS.
(3) For the purpose of carrying out the function of the SES, each SES
employee:
(a) provides one or more of the following at a high level:
(i) professional or specialist expertise;
(ii) policy advice;
(iii) program or service delivery;
(iv) regulatory administration; and
(b) promotes cooperation within and between Agencies,
including to deliver outcomes across Agency and portfolio
boundaries; and
(c) by personal example and other appropriate means, promotes
the APS Values, the APS Employment Principles and
compliance with the Code of Conduct.
37 Incentive to retire
(1) An Agency Head may give a notice in writing to an SES employee
in the Agency, stating that the employee will become entitled to a
payment of a specified amount if the employee retires within a
period specified in the notice.
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Section 38
(1A) A notice may be given to an SES employee under subsection (1)
whether or not the employee has reached the minimum retiring age
under section 30.
(2) If the employee retires within the specified period, by notice in
writing to the Agency Head:
(a) the employee is entitled to be paid the specified amount; and
(b) the employee is taken, for all purposes, to have retired
involuntarily from the APS.
38 Commissioner’s certificate required for termination of SES
employment
An Agency Head cannot terminate the employment of an SES
employee unless the Commissioner has issued a certificate stating
that:
(a) all relevant requirements of Commissioner’s Directions made
under subsection 11A(1) have been satisfied in respect of the
proposed termination; and
(b) the Commissioner is of the opinion that the termination is in
the public interest.
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Heads of Mission
Division 3
Section 39
Division 3—Heads of Mission
39 Heads of Mission
(1) The appointment of a Head of Mission by the Governor-General
cannot take effect unless the person is an APS employee.
(2) An Agency Head must comply with any direction in writing by the
Agency Minister:
(a) directing the Agency Head to engage a particular person as
an APS employee so that the person can become a Head of
Mission; or
(b) directing the Agency Head to assign particular duties to an
APS employee who has been appointed as a Head of
Mission.
(3) The APS Employment Principles do not apply to giving, or
carrying out, a direction referred to in subsection (2).
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Part 5 The Australian Public Service Commissioner
Division 1 Commissioner’s functions etc.
Section 40
Part 5—The Australian Public Service
Commissioner
Division 1—Commissioner’s functions etc.
40 Australian Public Service Commissioner
(1) There is to be an Australian Public Service Commissioner.
(2) The staff necessary to assist the Commissioner must be persons
engaged under this Act.
(3) For the purposes of this Act:
(a) the Commissioner and the APS employees assisting the
Commissioner together constitute a Statutory Agency; and
(b) the Commissioner is the Head of that Statutory Agency.
(4) The Commissioner may, on behalf of the Commonwealth, engage
consultants to assist in the performance of the Commissioner’s
functions.
41 Commissioner’s functions
(1) The Commissioner has the following functions:
(a) to strengthen the professionalism of the APS and facilitate
continuous improvement in workforce management in the
APS;
(b) to uphold high standards of integrity and conduct in the APS;
(c) to monitor, review and report on APS capabilities within and
between Agencies to promote high standards of
accountability, effectiveness and performance.
(2) Without limiting subsection (1), the Commissioner’s functions
include the following:
(a) to foster, and contribute to, leadership, high quality learning
and development and career management in the APS;
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(b) to lead the thinking about, provide advice on and drive
reforms to workforce management policies so that the APS is
ready for future demands;
(c) to develop, review and evaluate APS workforce management
policies and practices and maintain appropriate databases;
(d) to foster an APS workforce that reflects the diversity of the
Australian population;
(e) to promote the APS Values, the APS Employment Principles
and the Code of Conduct;
(f) to evaluate the extent to which Agencies incorporate and
uphold the APS Values and the APS Employment Principles;
(g) to partner with Secretaries in the stewardship of the APS;
(h) to provide advice and assistance to Agencies on public
service matters;
(i) to work with other governments (including foreign
governments) on matters relating to public sector workforce
management, leadership and career management;
(j) to review any matter relating to the APS;
(k) to review any matter relating to the APS referred to the
Commissioner by the Public Service Minister, and report on
that matter to the Public Service Minister;
(l) to evaluate the adequacy of systems and procedures in
Agencies for ensuring compliance with the Code of Conduct;
(m) to inquire, in accordance with section 41A, into alleged
breaches of the Code of Conduct by Agency Heads;
(n) to inquire into and determine, in accordance with
section 41B, whether an APS employee, or a former APS
employee, has breached the Code of Conduct;
(o) to inquire, subject to the regulations, into public interest
disclosures (within the meaning of the
Public Interest
Disclosure Act 2013), to the extent that the disclosures relate
to alleged breaches of the Code of Conduct;
(p) such other functions as are conferred on the Commissioner
by this Act, the regulations or any other law;
(q) such other functions as the Prime Minister, by legislative
instrument, directs the Commissioner to perform;
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Section 41A
(r) to do anything incidental to or conducive to the performance
of any of the Commissioner’s functions.
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
Legislation Act 2003 do not apply to a direction given under
paragraph (2)(q) of this section (see regulations made for the purposes
of paragraphs 44(2)(b) and 54(2)(b) of that Act).
Reports may include recommendations
(3) A report made by the Commissioner in the performance of his or
her functions may include recommendations.
Fees
(4) The regulations may authorise the Commissioner to charge fees
(on behalf of the Commonwealth) for the performance, on request,
of the Commissioner’s functions.
41A Inquiry into alleged breach of Code of Conduct by Agency
Head
(1) The Commissioner may, for the purposes of paragraph 41(2)(m),
inquire into an alleged breach of the Code of Conduct by an
Agency Head.
(2) The Commissioner must report on the results of an inquiry under
subsection (1) (including, if relevant, recommendations for
sanctions) to:
(a) if the Agency Head is a Secretary—the Prime Minister; or
(b) if the Agency Head is the Head of an Executive Agency—the
Agency Minister; or
(c) if the Agency Head is the Head of a Statutory Agency that is
prescribed by the regulations for the purposes of this
paragraph—the Presiding Officers; or
(d) if the Agency Head is the Head of a Statutory Agency that is
not prescribed by the regulations for the purposes of
paragraph (c)—the Agency Minister.
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(3) The regulations may prescribe circumstances in which the
Commissioner:
(a) may decline to conduct an inquiry under subsection (1); or
(b) may discontinue such an inquiry without making a report
under subsection (2).
41B Inquiry into alleged breach of Code of Conduct by APS
employee or former APS employee
Request for inquiry
(1) The Commissioner may, for the purposes of paragraph 41(2)(n),
inquire into and determine whether an APS employee, or a former
APS employee, in an Agency has breached the Code of Conduct if:
(a) the Agency Head or the Prime Minister requests the
Commissioner to do so; and
(b) the Commissioner considers it would be appropriate to do so.
(2) The Prime Minister may make a request under paragraph (1)(a) in
relation to an alleged breach of the Code of Conduct of which the
Prime Minister has become aware as a result of, or in the course of,
a systems review or a special review.
Procedures for inquiry
(3) The Commissioner must establish written procedures for inquiring
into and determining whether an APS employee, or a former APS
employee, in an Agency has breached the Code of Conduct
(including by engaging in conduct referred to in
subsection 15(2A)). The procedures:
(a) must comply with basic procedural requirements prescribed
by the regulations; and
(b) must have due regard to procedural fairness.
(4) In addition, and without affecting subsection (3), the procedures
may be different for:
(a) different categories of APS employees or former APS
employees; or
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(b) APS employees, or former APS employees, who:
(i) have been convicted of an offence against a
Commonwealth, State or Territory law in respect of
conduct that is alleged to constitute a breach of the Code
of Conduct; or
(ii) have been found to have committed such an offence but
no conviction is recorded.
(5) The Commissioner must ensure that the procedures established
under subsection (3) are made publicly available.
(6) Procedures established under subsection (3) are not legislative
instruments.
Commissioner’s powers
(7) For the purposes of inquiring into and determining whether an APS
employee, or a former APS employee, in an Agency has breached
the Code of Conduct, the Commissioner may exercise the same
powers as the Agency Head may exercise in determining whether
an APS employee, or a former APS employee, in the Agency has
breached the Code of Conduct.
Report on results of inquiry
(8) The Commissioner must report on the results of an inquiry and
determination under this section (including an inquiry that is
discontinued) in relation to an APS employee, or a former APS
employee, in an Agency to:
(a) the Agency Head; and
(b) if the Prime Minister requested the inquiry—the Prime
Minister.
Recommendation of sanctions
(9) If:
(a) the Commissioner finds that an APS employee in an Agency
has breached the Code of Conduct; and
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Section 41C
(b) the Commissioner is requested to recommend sanctions in
respect of the breach by:
(i) the Agency Head; or
(ii) if the Prime Minister requested the inquiry—the Prime
Minister;
the Commissioner may recommend any of the sanctions referred to
in subsection 15(1).
Note:
A sanction referred to in subsection 15(1) would be imposed on the
APS employee by the Agency Head, not by the Commissioner.
Discontinuation of inquiry
(10) The regulations may prescribe circumstances in which the
Commissioner may discontinue an inquiry under this section.
41C Systems reviews
(1) The Prime Minister may direct the Commissioner to conduct a
review (a
systems review) of any matter relating to an Agency,
including:
(a) the management and organisational systems, structures or
processes in an Agency; and
(b) the functional relationships between 2 or more Agencies.
(2) An Agency Minister may request the Prime Minister to make a
direction under subsection (1) that relates to an Agency.
(3) The Secretary of a Department may request the Prime Minister to
make a direction under subsection (1) that relates to the
Department or any other Agency in the same portfolio as the
Department.
(4) The Commissioner must give a report on the review to:
(a) the Prime Minister; and
(b) if the review was conducted because of a request by an
Agency Minister or a Secretary—the Agency Minister or the
Secretary.
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Division 1 Commissioner’s functions etc.
Section 41D
(5) If a direction under subsection (1) is given in writing, the direction
is not a legislative instrument.
41D Special reviews
(1) The Prime Minister may direct the Commissioner to conduct a
review (a
special review) of:
(a) any matter relating to an Agency; or
(b) the functional relationships between 2 or more Agencies.
(2) The Commissioner must give a report on the review to:
(a) the Prime Minister; and
(b) the Agency Minister of each Agency to which the review
relates.
(3) If a direction under subsection (1) is given in writing, the direction
is not a legislative instrument.
42 Commissioner’s Directions
(1) Commissioner’s Directions cannot create offences or impose
penalties.
(2) Agency Heads and APS employees must comply with
Commissioner’s Directions.
(3) Commissioner’s Directions may apply, adopt or incorporate (with
or without modifications) any matter contained in the
Classification Rules or a direction issued by the Prime Minister
under section 21, either:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
(4) Commissioner’s Directions are legislative instruments.
43 Commissioner’s inquiry powers
(1) Each of the following is a
special inquiry for the purpose of this
section:
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(a) an inquiry that is conducted by the Commissioner for the
purpose of paragraph 41(2)(c), (f) or (l) and is notified by the
Commissioner in the
Gazette;
(b) an inquiry that is conducted by the Commissioner for the
purpose of paragraph 41(2)(m) or (o);
(c) an inquiry on a matter referred to the Commissioner under
paragraph 41(2)(k) by the Public Service Minister, by notice
in the
Gazette;
(d) an inquiry that is conducted by the Commissioner for the
purposes of a special review.
(2) The following provisions apply in relation to a special inquiry
(with references to the Auditor-General being replaced by
references to the Commissioner):
(a) sections 32, 33 and 35 of the
Auditor-General Act 1997;
(b) any other provisions of the
Auditor-General Act 1997, or of
regulations under that Act, that are relevant to the operation
of section 32, 33 or 35 of that Act.
44 State of the Service report
(1) As soon as practicable after the end of each financial year, the
Commissioner must give a report to the Agency Minister, for
presentation to the Parliament, on the state of the APS during the
year.
(2) An Agency Head must give the Commissioner whatever
information the Commissioner requires for the purpose of
preparing the report referred to in subsection (1).
(3) The Agency Minister must cause a copy of the report given to the
Minister under subsection (1) to be laid before each House of the
Parliament by 30 November after the financial year to which the
report relates.
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Division 2 Commissioner’s appointment, conditions etc.
Section 45
Division 2—Commissioner’s appointment, conditions etc.
45 Appointment of Commissioner
The Commissioner is to be appointed by the Governor-General on
a full-time basis for a period of up to 5 years specified in the
instrument of appointment.
46 Remuneration and other terms and conditions of appointment
Remuneration and allowances
(1) The Commissioner is to be paid the remuneration that is
determined by the Remuneration Tribunal. If no determination of
that remuneration by the Tribunal is in operation, the
Commissioner is to be paid the remuneration that is prescribed by
the regulations.
(2) The Commissioner is to be paid the allowances that are prescribed
by the regulations.
(3) Subsections (1) and (2) have effect subject to the
Remuneration
Tribunal Act 1973.
Leave of absence
(4) The Commissioner has the recreation leave entitlements that are
determined by the Remuneration Tribunal.
(5) The Agency Minister may grant the Commissioner leave of
absence, other than recreation leave, on the terms and conditions as
to remuneration or otherwise that the Agency Minister determines.
Other terms and conditions
(6) The Commissioner holds office on the terms and conditions (if
any) in relation to matters not covered by this Act that are
determined by the Agency Minister.
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Division 2
Section 47
47 Removal from office
(1) The Governor-General may remove the Commissioner from office
if each House of the Parliament, in the same session of the
Parliament, presents an address to the Governor-General praying
for the removal of the Commissioner on the ground of
misbehaviour or physical or mental incapacity.
(2) The Governor-General must remove the Commissioner from office
if the Commissioner does any of the following:
(a) becomes bankrupt;
(b) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors;
(c) compounds with his or her creditors;
(d) assigns his or her remuneration for the benefit of his or her
creditors.
48 Acting Commissioner
The Agency Minister may appoint a person to act as
Commissioner:
(a) if there is a vacancy in the office of Commissioner, whether
or not an appointment has previously been made to the
office; or
(b) during any period, or during all periods, when the
Commissioner is absent from duty or from Australia or is, for
any reason, unable to perform the duties of the office.
Note:
For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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Division 3 Special Commissioners
Section 48A
Division 3—Special Commissioners
48A Appointment of Special Commissioners
(1) The Governor-General may, by written instrument, on the
recommendation of the Prime Minister, appoint one or more
Special Commissioners to assist the Commissioner in conducting a
specified systems review or special review, or a part of such a
review.
(2) The Prime Minister must not recommend that a person be
appointed as a Special Commissioner unless the Prime Minister
has consulted the Commissioner about the appointment.
(3) A Special Commissioner may be appointed on a full-time basis or
a part-time basis.
(4) A Special Commissioner holds office for the period specified in the
instrument of appointment.
48B Remuneration and other terms and conditions of appointment
Remuneration and allowances
(1) A Special Commissioner is to be paid the remuneration that is
determined by the Remuneration Tribunal. If no determination of
that remuneration by the Tribunal is in operation, a Special
Commissioner is to be paid the remuneration that is prescribed by
the regulations.
(2) A Special Commissioner is to be paid the allowances that are
prescribed by the regulations.
(3) Subsections (1) and (2) have effect subject to the
Remuneration
Tribunal Act 1973.
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Division 3
Section 48C
Leave of absence
(4) A full-time Special Commissioner has the recreation leave
entitlements that are determined by the Remuneration Tribunal.
(5) The Prime Minister may grant a full-time Special Commissioner
leave of absence, other than recreation leave, on the terms and
conditions as to remuneration or otherwise that the Prime Minister
determines.
(6) The Prime Minister may grant leave of absence to a part-time
Special Commissioner on the terms and conditions that the Prime
Minister determines.
Other terms and conditions
(7) A Special Commissioner holds office on the terms and conditions
(if any) in relation to matters not covered by this Act that are
determined by the Prime Minister.
48C Termination of appointment
(1) The Governor-General may, by notice in writing, on the
recommendation of the Prime Minister, terminate the appointment
of a Special Commissioner at any time.
(2) The Prime Minister must not recommend that the appointment of a
Special Commissioner be terminated unless the Prime Minister has
consulted the Commissioner about the termination.
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Part 6 The Merit Protection Commissioner
Division 1 Merit Protection Commissioner’s functions etc.
Section 49
Part 6—The Merit Protection Commissioner
Division 1—Merit Protection Commissioner’s functions
etc.
49 Merit Protection Commissioner
(1) There is to be a Merit Protection Commissioner.
(2) The staff necessary to assist the Merit Protection Commissioner
must be persons engaged under this Act and made available by the
Australian Public Service Commissioner.
(3) The Merit Protection Commissioner may, on behalf of the
Commonwealth, engage consultants to assist in the performance of
the Merit Protection Commissioner’s functions.
50 Merit Protection Commissioner’s functions
(1) The Merit Protection Commissioner’s functions include the
following functions:
(a) to inquire, subject to the regulations, into public interest
disclosures (within the meaning of the
Public Interest
Disclosure Act 2013), to the extent that the disclosures relate
to alleged breaches of the Code of Conduct;
(b) to inquire into alleged breaches of the Code of Conduct by
the Commissioner and report to the Presiding Officers on the
results of such enquiries (including, where relevant,
recommendations for sanctions);
(c) to inquire into an APS action, at the request of the Public
Service Minister, and to report to the Public Service Minister
on the results of the inquiry;
(ca) to inquire into and determine, in accordance with
section 50A, whether an APS employee, or a former APS
employee, has breached the Code of Conduct;
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Division 1
Section 50A
(d) such functions as are prescribed by regulations made for the
purposes of section 33;
(e) such other functions as are prescribed by the regulations.
(2) The following provisions apply in relation to an inquiry under
paragraph (1)(a) or (c) (with references to the Auditor-General
being replaced by references to the Merit Protection
Commissioner):
(a) sections 32, 33 and 35 of the
Auditor-General Act 1997;
(b) any other provisions of the
Auditor-General Act 1997, or of
regulations under that Act, that are relevant to the operation
of section 32, 33 or 35 of that Act.
(3) The regulations may authorise the Merit Protection Commissioner
to charge fees (on behalf of the Commonwealth) for the
performance of functions prescribed under paragraph (1)(e).
(4) In this section:
action includes a refusal or failure to act.
APS action means an action in relation to the employment of an
APS employee, being an action by another APS employee or by an
Agency Head.
50A Inquiry into alleged breach of Code of Conduct by APS
employee or former APS employee
Request for inquiry
(1) The Merit Protection Commissioner may, for the purposes of
paragraph 50(1)(ca), inquire into and determine whether an APS
employee, or a former APS employee, has breached the Code of
Conduct if:
(a) the Agency Head requests the Merit Protection
Commissioner to do so; and
(b) the Merit Protection Commissioner considers it would be
appropriate to do so; and
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Section 50A
(c) the APS employee, or former APS employee, agrees, in
writing, to the Merit Protection Commissioner doing so.
Note:
A finding by the Merit Protection Commissioner under this section is
reviewable under the
Administrative Decisions (Judicial Review) Act
1977.
Procedures for inquiry
(2) The Merit Protection Commissioner must establish written
procedures for inquiring into and determining whether an APS
employee, or a former APS employee, has breached the Code of
Conduct (including by engaging in conduct referred to in
subsection 15(2A)). The procedures:
(a) must comply with basic procedural requirements prescribed
by the regulations; and
(b) must have due regard to procedural fairness.
Note:
The procedures may make different provision for different classes of
APS employees or former APS employees (see subsection 33(3A) of
the
Acts Interpretation Act 1901).
(3) In addition, and without affecting subsection (2), the procedures
may be different for:
(a) different categories of APS employees or former APS
employees; or
(b) APS employees, or former APS employees, who:
(i) have been convicted of an offence against a
Commonwealth, State or Territory law in respect of
conduct that is alleged to constitute a breach of the Code
of Conduct; or
(ii) have been found to have committed such an offence but
no conviction is recorded.
(4) The Merit Protection Commissioner must ensure that the
procedures established under subsection (2) are made publicly
available.
(5) Procedures established under subsection (2) are not legislative
instruments.
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Division 1
Section 51
Merit Protection Commissioner’s powers
(6) For the purposes of inquiring into and determining whether an APS
employee, or a former APS employee, in an Agency has breached
the Code of Conduct, the Merit Protection Commissioner may
exercise the same powers as the Agency Head may exercise in
determining whether an APS employee, or a former APS
employee, in the Agency has breached the Code of Conduct.
Report on results of inquiry
(7) The Merit Protection Commissioner must report on the results of
an inquiry and determination under this section to the Agency
Head who requested the inquiry.
Note:
If the Merit Protection Commissioner finds that an APS employee in
an Agency has breached the Code of Conduct, the Agency Head may
impose a sanction on the APS employee under subsection 15(1).
51 Annual report
(1) After the end of each financial year, the Merit Protection
Commissioner must give a report to the Public Service Minister,
for presentation to the Parliament, on the activities of the Merit
Protection Commissioner during the year.
(3) The report must be included in the Australian Public Service
Commissioner’s annual report.
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Division 2 Merit Protection Commissioner’s appointment, conditions etc.
Section 52
Division 2—Merit Protection Commissioner’s
appointment, conditions etc.
52 Appointment of Merit Protection Commissioner
The Merit Protection Commissioner is to be appointed by the
Governor-General on a full-time basis for a period of up to 5 years
specified in the instrument of appointment.
53 Remuneration and other terms and conditions of appointment
Remuneration and allowances
(1) The Merit Protection Commissioner is to be paid the remuneration
that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation,
the Merit Protection Commissioner is to be paid the remuneration
that is prescribed by the regulations.
(2) The Merit Protection Commissioner is to be paid the allowances
that are prescribed by the regulations.
(3) Subsections (1) and (2) have effect subject to the
Remuneration
Tribunal Act 1973.
Leave of absence
(4) The Merit Protection Commissioner has the recreation leave
entitlements that are determined by the Remuneration Tribunal.
(5) The Public Service Minister may grant the Merit Protection
Commissioner leave of absence, other than recreation leave, on the
terms and conditions as to remuneration or otherwise that the
Public Service Minister determines.
Other terms and conditions
(6) The Merit Protection Commissioner holds office on the terms and
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Section 54
conditions (if any) in relation to matters not covered by this Act
that are determined by the Public Service Minister.
54 Removal from office
(1) The Governor-General may remove the Merit Protection
Commissioner from office if each House of the Parliament, in the
same session of the Parliament, presents an address to the
Governor-General praying for the removal of the Merit Protection
Commissioner on the ground of misbehaviour or physical or
mental incapacity.
(2) The Governor-General must remove the Merit Protection
Commissioner from office if the Merit Protection Commissioner
does any of the following:
(a) becomes bankrupt;
(b) applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors;
(c) compounds with his or her creditors;
(d) assigns his or her remuneration for the benefit of his or her
creditors.
55 Acting Merit Protection Commissioner
The Public Service Minister may appoint a person to act as Merit
Protection Commissioner:
(a) if there is a vacancy in the office of Merit Protection
Commissioner, whether or not an appointment has previously
been made to the office; or
(b) during any period, or during all periods, when the Merit
Protection Commissioner is absent from duty or from
Australia or is, for any reason, unable to perform the duties
of the office.
Note:
For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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Part 7 Secretaries of Departments
Section 56
Part 7—Secretaries of Departments
56 Creation of offices of Secretary
(1) On the establishment of a Department, an office of Secretary of
that Department is established by force of this subsection.
(2) On the abolition of a Department, the office of Secretary of that
Department is abolished by force of this subsection.
(3) The Prime Minister may allocate a name to any office of Secretary,
and may change the name from time to time.
(4) Subject to subsection (3), the name of the office of Secretary of a
Department is “Secretary of the [
name of Department]”.
57 Roles and responsibilities of Secretaries
Roles of Secretaries
(1) The roles of the Secretary of a Department include, but are not
limited to, the following:
(a) principal official policy adviser to the Agency Minister;
(b) manager, ensuring delivery of government programs and
collaboration to achieve outcomes within the Agency
Minister’s portfolio and, with other Secretaries, across the
whole of Government;
(c) leader, providing stewardship within the Department and, in
partnership with the Secretaries Board, across the APS;
(d) any other role prescribed by the regulations.
Responsibilities of Secretaries
(2) The responsibilities of the Secretary of a Department are as
follows:
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(a) to manage the affairs of the Department efficiently,
effectively, economically and ethically;
(b) to advise the Agency Minister about matters relating to the
Department;
(c) to implement measures directed at ensuring that the
Department complies with the law;
(d) to provide leadership, strategic direction and a focus on
results for the Department;
(e) to maintain clear lines of communication within the Agency
Minister’s portfolio, as negotiated between the Secretary and
the other Agency Heads in the portfolio;
(f) to engage with stakeholders, particularly in relation to the
core activities of the Department;
(g) to manage the affairs of the Department in a way that is not
inconsistent with the policies of the Commonwealth and the
interests of the APS as a whole;
(h) to ensure that the Agency Minister’s portfolio has a strong
strategic policy capability that can consider complex,
whole-of-government issues;
(i) to assist the Agency Minister to fulfil the Agency Minister’s
accountability obligations to the Parliament to provide
factual information, as required by the Parliament, in relation
to the operation and administration of the Department;
(j) such other responsibilities as are prescribed by the
regulations.
(3) Subsection (2) does not affect a Secretary’s responsibilities under
any other law.
Note:
See, for example, the
Public Governance, Performance and
Accountability Act 2013.
58 Appointment
(1) The Secretary of a Department is to be appointed by the
Governor-General, by written instrument, on the recommendation
of the Prime Minister.
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Section 58
Note:
The Secretary of a Department is eligible for reappointment as the
Secretary of that Department (see section 33AA of the
Acts
Interpretation Act 1901).
(2) The Secretary of a Department holds office for the period specified
in the instrument of appointment.
(3) The period of a person’s appointment as the Secretary of a
Department must be:
(a) 5 years; or
(b) if the person has requested a shorter period—that shorter
period.
(4) Subsection (3) does not apply in relation to a person who is
reappointed as the Secretary of a Department. In this case, the
person’s appointment may be for any period not exceeding 5 years.
(5) The Secretary of a Department holds office on a full-time basis.
(6) Before recommending to the Governor-General that a person be
appointed as the Secretary of the Prime Minister’s Department, the
Prime Minister must have received a report about the appointment
prepared by the Commissioner.
(7) Before recommending to the Governor-General that a person be
appointed as the Secretary of a Department other than the Prime
Minister’s Department, the Prime Minister must have received a
report about the appointment from the Secretary of the Prime
Minister’s Department.
(8) The report from the Secretary of the Prime Minister’s Department
about the appointment of the Secretary of another Department
must:
(a) be prepared after consultation with:
(i) the Commissioner; and
(ii) the person who is expected to be the Agency Minister of
the other Department at the time the appointment is
made; and
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(b) if the Secretary of the Prime Minister’s Department and the
Commissioner disagree in relation to the proposed
appointment—explain the substance of the disagreement.
59 Termination of appointment
(1) The Governor-General may, on the recommendation of the Prime
Minister and by notice in writing, terminate the appointment of a
Secretary.
Note:
In
Barratt v Howard [1999] FCA 1132, the Federal Court of Australia
described the basis on which requirements of procedural fairness
applied to the termination of an appointment of Secretary under
section 37 of the
Public Service Act 1922.
(2) Before recommending to the Governor-General that the
appointment of the Secretary of the Prime Minister’s Department
be terminated, the Prime Minister must have received a report
about the proposed termination from the Commissioner.
(3) Before recommending to the Governor-General that the
appointment of the Secretary of a Department other than the Prime
Minister’s Department be terminated, the Prime Minister must
have received a report about the proposed termination from the
Secretary of the Prime Minister’s Department.
(4) The report from the Secretary of the Prime Minister’s Department
about the proposed termination of the appointment of the Secretary
of another Department must:
(a) be prepared after consultation with the Commissioner; and
(b) if the Secretary of the Prime Minister’s Department and the
Commissioner disagree in relation to the proposed
termination—explain the substance of the disagreement.
60 Engagement of former Secretaries
At any time after the appointment of a Secretary is terminated
under section 56 or 59, the Prime Minister, on behalf of the
Commonwealth, may engage the former Secretary to perform
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specified duties (otherwise than as an APS employee), on terms
and conditions determined by the Prime Minister.
61 Remuneration and other terms and conditions of appointment
Remuneration and allowances
(1) The remuneration of a Secretary is as provided by Division 4 of
Part II of the
Remuneration Tribunal Act 1973.
Other terms and conditions
(2) The other terms and conditions applying to the appointment of a
Secretary are as determined by the Remuneration Tribunal under
Division 4 of Part II of the
Remuneration Tribunal Act 1973.
61A Annual performance review
An annual review of the performance of a Secretary must be
carried out in accordance with a framework established by the
Secretary of the Prime Minister’s Department and the
Commissioner.
62 Acting Secretary
The Prime Minister may appoint a person to act as the Secretary of
a Department:
(a) if there is a vacancy in the office of Secretary, whether or not
an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Secretary
is absent from duty or from Australia or is, for any reason,
unable to perform the duties of the office.
Note:
For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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Part 8
Section 64
Part 8—Secretaries Board
64 Secretaries Board
(1) The Secretaries Board is established by this section.
(2) The Secretaries Board consists of the following members:
(a) the Secretary of the Prime Minister’s Department, as Chair;
(b) the Secretary of each other Department;
(c) the Commissioner;
(d) such other persons as are nominated in writing by the
Secretary of the Prime Minister’s Department.
(3) The Secretaries Board has the following functions:
(a) to take responsibility for the stewardship of the APS and for
developing and implementing strategies to improve the APS;
(b) to identify strategic priorities for the APS and consider issues
that affect the APS;
(c) to set an annual work program, and direct subcommittees to
develop strategies to address APS-wide issues and make
recommendations to the Secretaries Board;
(d) to draw together advice from senior leaders in government,
business and the community;
(e) to work collaboratively and model leadership behaviours.
(4) The Secretaries Board may establish one or more senior leadership
groups, consisting of members determined by the Secretaries
Board, to assist the Secretaries Board in performing its functions.
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Part 9 Executive Agencies
Section 65
Part 9—Executive Agencies
65 Establishment etc. of Executive Agencies
(1) The Governor-General may do any of the following, by order in
the
Gazette:
(a) establish or abolish an Executive Agency;
(b) allocate a name to an Executive Agency or the Head of an
Executive Agency;
(c) identify the Minister who is responsible for an Executive
Agency;
(d) specify the functions of an Executive Agency.
(2) For the purposes of this Act, an Executive Agency consists of the
Head of the Agency, together with the APS employees assisting
the Head.
(3) When an Executive Agency is established, an office of Head of the
Agency is established by force of this subsection. The name of the
office is “Head of the [
name of Agency]”, unless the office of Head
has a different name because of an order under subsection (1).
(4) When an Executive Agency is abolished, the office of Head of the
Agency is abolished by force of this subsection.
66 Responsibilities of Heads of Executive Agencies
(1) The Head of an Executive Agency, under the Agency Minister, is
responsible for managing the Agency.
(2) The Head of an Executive Agency must assist the Agency Minister
to fulfil the Agency Minister’s accountability obligations to the
Parliament to provide factual information, as required by the
Parliament, in relation to the operation and administration of the
Agency.
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Part 9
Section 67
(3) The Head of an Executive Agency is accountable to the
government, the Parliament and the public in the same way as the
Secretary of a Department.
67 Appointment etc. of Head
(1) The Agency Minister of an Executive Agency may appoint a
person to be the Head of the Agency for a period of up to 5 years
specified in the instrument of appointment.
(2) Before making the appointment, the Agency Minister must have
received a report about the vacancy from a relevant Secretary.
(3) The Agency Minister may, by notice in writing, terminate the
appointment at any time.
(4) Before terminating the appointment, the Agency Minister must
have received a report about the proposed termination from a
relevant Secretary.
(5) In this section:
relevant Secretary means the Secretary of any Department that is
administered by the same Minister who is the Agency Minister of
the Executive Agency.
68 Remuneration and other terms and conditions of appointment
Remuneration and allowances
(1) The Head of an Executive Agency is to be paid the remuneration
that is determined by the Remuneration Tribunal. If no
determination of that remuneration by the Tribunal is in operation,
the Head of the Executive Agency is to be paid the remuneration
that is prescribed by the regulations.
(2) The Head of an Executive Agency is to be paid the allowances that
are prescribed by the regulations.
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(3) Subsections (1) and (2) have effect subject to the
Remuneration
Tribunal Act 1973.
Leave of absence
(4) The Head of an Executive Agency has the recreation leave
entitlements that are determined by the Remuneration Tribunal.
(5) The Agency Minister may grant the Head of an Executive Agency
leave of absence, other than recreation leave, on the terms and
conditions as to remuneration or otherwise that the Agency
Minister determines.
Other terms and conditions
(6) The Head of an Executive Agency holds office on the terms and
conditions (if any) in relation to matters not covered by this Act
that are determined by the Agency Minister.
69 Acting Head
The Agency Minister of an Executive Agency may appoint a
person to act as Head of the Agency:
(a) if there is a vacancy in the office of Head, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Head is
absent from duty or from Australia or is, for any reason,
unable to perform the duties of the office.
Note:
For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901.
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Part 10
Section 71
Part 10—Administrative arrangements and
re-organisations
71 Arrangements with States and Territories
(1) The Prime Minister may arrange with an appropriate authority of a
State:
(a) for an APS employee to perform services for the State as an
APS employee; or
(b) for a State employee to perform services in an Agency as a
State employee.
(2) In this section:
State means a State or Territory or an authority of a State or
Territory.
72 Machinery of government changes
(1) The Commissioner may do any of the following, if the
Commissioner is satisfied that it is necessary or desirable in order
to give effect to an administrative re-arrangement:
(a) move APS employees to another Agency (without anyone’s
consent), by a determination in writing;
(b) determine in writing that APS employees cease to be APS
employees and become non-APS employees of a specified
Commonwealth body or Commonwealth authority;
(c) determine in writing that non-APS employees cease to be
employed as non-APS employees and become engaged as
APS employees in a specified Agency;
(d) on behalf of the Commonwealth, engage any person as an
APS employee in a specified Agency.
(2) A determination by the Commissioner has effect according to its
terms, by force of this section.
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Section 72
(3) If an APS employee (the
transferred employee) becomes a
non-APS employee of a Commonwealth body or Commonwealth
authority under paragraph (1)(b), the employee is entitled to
remuneration and other conditions of employment that are not less
favourable than the terms and conditions to which the employee
was entitled as an APS employee, immediately before ceasing to
be an APS employee, under:
(a) a fair work instrument; or
(b) a WR Act transitional instrument; or
(c) a determination under this Act; or
(d) a written contract of employment.
(4) Subsection (3) ceases to have effect on the next occasion when
there is a relevant change in the terms and conditions of
employment applicable to the transferred employee or a class of
employees that includes the transferred employee. For this purpose,
relevant change means a change that results from:
(a) the making, variation or termination of a modern award, an
enterprise agreement, a workplace determination or a written
contract of employment; or
(b) the variation, termination or replacement of a WR Act
transitional instrument.
(5) The regulations may prescribe arrangements for determining any
variation of the terms and conditions of employment applicable to:
(a) APS employees who are moved to another Agency under
paragraph (1)(a); and
(b) persons who become APS employees under paragraph (1)(c).
(5A) If:
(a) an APS employee is moved from an Agency (the
former
Agency) to another Agency (the
new Agency) under
paragraph (1)(a); and
(b) prescribed circumstances existed in relation to the
employee’s employment in the former Agency before the
employee moved to the new Agency;
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the Commissioner may determine the measures (if any) that are to
be taken in relation to those circumstances after the employee has
moved to the new Agency.
(6) In this section:
administrative re-arrangement means any increase, reduction or
re-organisation in Commonwealth functions, including one that
results from an order by the Governor-General.
Commonwealth authority includes a company in which the
Commonwealth has a controlling interest.
non-APS employee means a person who is employed by the
Commonwealth or by a Commonwealth authority, but does not
include an APS employee.
workplace determination has the same meaning as in the
Fair
Work Act 2009.
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Part 10A Protection of information
Section 72A
Part 10A—Protection of information
72A Protection of information—Commissioner’s functions etc.
Definitions
(1) In this section:
entrusted person means any of the following:
(a) the Commissioner;
(b) a delegate of the Commissioner;
(c) a person acting under the direction or authority of the
Commissioner;
(d) a Special Commissioner;
(e) a member of staff assisting the Commissioner or a Special
Commissioner.
protected information means information that was obtained by an
entrusted person in connection with the performance of functions
or duties, or the exercise of powers, under:
(a) paragraph 41(2)(j), (k), (m), (n) or (o); or
(b) section 41A, 41B, 41C, 41D or 43; or
(c) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
Prohibition on disclosure or other use of protected information
(2) Except as authorised by this section or the regulations, a person
who is, or was, an entrusted person must not, directly or indirectly,
make a record of, disclose or otherwise use protected information.
Note:
Section 122.4 of the
Criminal Code creates an offence in relation to
the disclosure of information by Commonwealth officers.
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Authorised disclosure or other use of protected information
(3) An entrusted person may make a record of, disclose or otherwise
use protected information for the purposes of, or in connection
with, the performance of functions or duties, or the exercise of
powers, under this Act or the regulations.
Authorised disclosure of protected information by the
Commissioner
(4) The Commissioner may disclose protected information in a report
prepared for purposes connected with the performance of the
functions, or the exercise of the powers, of the Commissioner
under this Act or the regulations, if the Commissioner is satisfied
that the disclosure is necessary for the purpose of setting out the
grounds for the conclusions and recommendations contained in the
report.
(5) Subject to subsection (6), the Commissioner may disclose
protected information to a person, or to the public or a section of
the public, if the Commissioner is satisfied that:
(a) the disclosure:
(i) is in the interests of an Agency or a person; or
(ii) is in the public interest; and
(b) the disclosure is not likely to interfere with a review or
inquiry under this Act or the regulations.
(6) The Commissioner must not disclose the name of an individual, or
any other material that would enable an individual to be identified,
in protected information that is disclosed under subsection (5),
unless the Commissioner is satisfied that the disclosure is fair and
reasonable in all the circumstances.
Compellability of entrusted persons to give evidence
(7) A person who is, or was, an entrusted person is not compellable in
any proceeding:
(a) before a court (whether exercising federal jurisdiction or
not); or
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(b) before a person authorised by a law of the Commonwealth or
a State or Territory, or by consent of the parties, to hear,
receive and examine evidence;
to disclose protected information that was obtained in connection
with the performance of functions or duties, or the exercise of
powers, under:
(c) paragraph 41(2)(j), (k), (m) or (o); or
(d) section 41A, 41C, 41D or 43; or
(e) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
72B Protection of information—Merit Protection Commissioner’s
functions etc.
Definitions
(1) In this section:
entrusted person means any of the following:
(a) the Merit Protection Commissioner;
(b) a delegate of the Merit Protection Commissioner;
(c) a person acting under the direction or authority of the Merit
Protection Commissioner;
(d) a member of staff assisting the Merit Protection
Commissioner;
(e) a member of a committee established or appointed by the
Merit Protection Commissioner under the regulations;
(f) any other person prescribed by the regulations for the
purposes of this paragraph.
prescribed entrusted person means an entrusted person of a kind
prescribed by regulations for the purposes of this definition.
protected information means information that was obtained by an
entrusted person in connection with the performance of functions
or duties, or the exercise of powers, under:
(a) subsection 50(1) or (2); or
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(b) section 50A; or
(c) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
Prohibition on disclosure or other use of protected information
(2) Except as authorised by this section or the regulations, a person
who is, or was, an entrusted person must not, directly or indirectly,
make a record of, disclose or otherwise use protected information.
Note:
Section 122.4 of the
Criminal Code creates an offence in relation to
the disclosure of information by Commonwealth officers.
Authorised disclosure or other use of protected information
(3) An entrusted person may make a record of, disclose or otherwise
use protected information for the purposes of, or in connection
with, the performance of functions or duties, or the exercise of
powers, under this Act or the regulations.
Authorised disclosure of protected information by the Merit
Protection Commissioner
(4) The Merit Protection Commissioner may disclose protected
information in a report prepared for purposes connected with the
performance of the functions, or the exercise of the powers, of the
Merit Protection Commissioner under this Act or the regulations, if
the Merit Protection Commissioner is satisfied that the disclosure
is necessary for the purpose of setting out the grounds for the
conclusions and recommendations contained in the report.
(5) Subject to subsection (6), the Merit Protection Commissioner may
disclose protected information to a person, or to the public or a
section of the public, if the Merit Protection Commissioner is
satisfied that:
(a) the disclosure:
(i) is in the interests of an Agency or a person; or
(ii) is in the public interest; and
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(b) the disclosure is not likely to interfere with a review or
inquiry under this Act or the regulations.
(6) The Merit Protection Commissioner must not disclose the name of
an individual, or any other material that would enable an individual
to be identified, in protected information that is disclosed under
subsection (5), unless the Merit Protection Commissioner is
satisfied that the disclosure is fair and reasonable in all the
circumstances.
Compellability of entrusted persons to give evidence
(7) A person who is, or was, an entrusted person (other than a
prescribed entrusted person) is not compellable in any proceeding:
(a) before a court (whether exercising federal jurisdiction or
not); or
(b) before a person authorised by a law of the Commonwealth or
a State or Territory, or by consent of the parties, to hear,
receive and examine evidence;
to disclose protected information that was obtained in connection
with the performance of functions or duties, or the exercise of
powers, under:
(c) paragraph 50(1)(a), (b), (c), (d) or (e); or
(d) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
Note:
Prescribed entrusted person is defined in subsection (1) of this
section.
Competence of certain entrusted persons to give evidence
(8) A person who is, or was, a prescribed entrusted person is not
competent, and cannot be compelled, to disclose protected
information in any proceeding:
(a) before a court (whether exercising federal jurisdiction or
not); or
(b) before a person authorised by a law of the Commonwealth or
a State or Territory, or by consent of the parties, to hear,
receive and examine evidence.
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Section 72C
Note:
Prescribed entrusted person is defined in subsection (1) of this
section.
72C Giving information or producing documents to Commissioner
not admissible in evidence etc.
Application
(1) This section applies if:
(a) either:
(i) the Commissioner requests a person to give information
(including an answer to a question) or produce a
document to the Commissioner for purposes connected
with the performance of functions or duties, or the
exercise of powers, under a provision referred to in
subsection (2); or
(ii) a person reasonably believes that information or a
document is relevant for purposes connected with the
performance of functions or duties, or the exercise of
powers, under a provision referred to in subsection (2);
and
(b) the person obtained the information or document lawfully;
and
(c) the person gives the information or produces the document to
the Commissioner.
(2) For the purposes of subparagraphs (1)(a)(i) and (ii), the provisions
are:
(a) paragraphs 41(2)(j), (k), (m), (n) and (o); and
(b) sections 41A, 41B, 41C, 41D and 43; and
(c) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
Giving information or producing document not admissible in
evidence in certain proceedings
(3) If, by giving the information or producing the document to the
Commissioner, the person:
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(a) contravenes any other law; or
(b) might tend to incriminate the person or make the person
liable to a penalty; or
(c) discloses legal advice given to a Minister or an Agency; or
(d) discloses a communication between a person performing
functions or duties, or exercising powers, in an Agency and
another person or body, being a communication protected
against disclosure by legal professional privilege; or
(e) otherwise acts contrary to the public interest;
the giving of the information or the production of the document is
not admissible in evidence against the person in proceedings (other
than proceedings for an offence against section 137.1, 137.2 or
149.1 of the
Criminal Code that relates to this Act).
Person not liable to penalty
(4) The person is not liable to any penalty under the provisions of any
other law by reason of his or her giving the information or
producing the document to the Commissioner.
Disclosure of personal information is authorised for purposes of
Privacy Act
(5) To the extent that the giving of the information or the production of
the document to the Commissioner involves a disclosure of
personal information, the disclosure is taken to be authorised by
this Act for the purposes of the
Privacy Act 1988.
Legal professional privilege not affected
(6) Subsection (3) does not otherwise affect a claim of legal
professional privilege that anyone may make in relation to the
information or document.
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Section 72D
72D Giving information or producing documents to Merit
Protection Commissioner not admissible in evidence etc.
Application
(1) This section applies if:
(a) either:
(i) the Merit Protection Commissioner requests a person to
give information (including an answer to a question) or
produce a document to the Merit Protection
Commissioner for purposes connected with the
performance of functions or duties, or the exercise of
powers, under a provision referred to in subsection (2);
or
(ii) a person reasonably believes that information or a
document is relevant for purposes connected with the
performance of functions or duties, or the exercise of
powers, under a provision referred to in subsection (2);
and
(b) the person obtained the information or document lawfully;
and
(c) the person gives the information or produces the document to
the Merit Protection Commissioner.
(2) For the purposes of subparagraphs (1)(a)(i) and (ii), the provisions
are:
(a) sections 50 and 50A; and
(b) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
Giving information or producing document not admissible in
evidence in certain proceedings
(3) If, by giving the information or producing the document to the
Merit Protection Commissioner, the person:
(a) contravenes any other law; or
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(b) might tend to incriminate the person or make the person
liable to a penalty; or
(c) discloses legal advice given to a Minister or an Agency; or
(d) discloses a communication between a person performing
functions or duties, or exercising powers, in an Agency and
another person or body, being a communication protected
against disclosure by legal professional privilege; or
(e) otherwise acts contrary to the public interest;
the giving of the information or the production of the document is
not admissible in evidence against the person in proceedings (other
than proceedings for an offence against section 137.1, 137.2 or
149.1 of the
Criminal Code that relates to this Act).
Person not liable to penalty
(4) The person is not liable to any penalty under the provisions of any
other law by reason of his or her giving the information or
producing the document to the Merit Protection Commissioner.
Disclosure of personal information is authorised for purposes of
Privacy Act
(5) To the extent that the giving of the information or the production of
the document to the Merit Protection Commissioner involves a
disclosure of personal information, the disclosure is taken to be
authorised by this Act for the purposes of the
Privacy Act 1988.
Legal professional privilege not affected
(6) Subsection (3) does not otherwise affect a claim of legal
professional privilege that anyone may make in relation to the
information or document.
72E Release of personal information
The regulations:
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(a) may authorise the use or disclosure, in specific
circumstances, of personal information (within the meaning
of the
Privacy Act 1988); and
(b) may impose restrictions on the collection, storage, access,
further use or further disclosure of personal information used
or disclosed under regulations made for the purposes of
paragraph (a).
Note:
The
Freedom of Information Act 1982 and the
Privacy Act 1988 have
rules about the use and disclosure of personal information.
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Section 73
Part 11—Miscellaneous
73 Payments in special circumstances
(1) The Public Service Minister may authorise the making of payments
to a person under subsection (2) if the Public Service Minister
considers it appropriate to do so because of special circumstances
that relate to, or arise out of:
(a) the payee’s employment by the Commonwealth; or
(b) another person’s employment by the Commonwealth.
(2) The Public Service Minister may authorise the making of any of
the following payments:
(a) one or more payments of an amount or amounts specified in
the authorisation (or worked out in accordance with the
authorisation);
(b) periodical payments of an amount specified in the
authorisation (or worked out in accordance with the
authorisation), during a period specified in the authorisation
(or worked out in accordance with the authorisation).
(3) Payments may be authorised under this section even though the
payments would not otherwise be authorised by law or required to
meet a legal liability.
(4) An authorisation cannot be made under this section if it would
involve, or be likely to involve, a total amount exceeding the
amount prescribed by the regulations.
(5) Conditions may be attached to payments under this section. If a
condition is breached, the payment may be recovered by the
Commonwealth as a debt in a court of competent jurisdiction.
Note:
Payments under this section must be made from money appropriated
by the Parliament. Generally, a payment can be debited against an
Agency’s annual appropriation, providing that it relates to some
matter that has arisen in the course of its administration.
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Section 74
74 Locally engaged employees
(1) An Agency Head, on behalf of the Commonwealth, may engage
persons overseas to perform duties overseas as employees.
(2) Subject to this Act, an Agency Head, on behalf of the
Commonwealth, has all the rights, duties and powers of an
employer in respect of locally engaged employees in the Agency.
(3) An Agency Head is not subject to direction by any Minister in
relation to the exercise of powers by the Agency Head under this
section in relation to particular individuals.
(4) This section does not, by implication, limit any other power of an
Agency Head to engage persons to work overseas.
75 Attachment of salaries to satisfy judgment debts
(1) The regulations:
(a) may provide for deductions to be made from the salary of a
Secretary, the Head of an Executive Agency or an APS
employee in order to satisfy a judgment debt; and
(b) may prescribe fees payable in connection with such
deductions.
(2) In this section:
judgment debt includes interest on a judgment debt.
77 Positions
(1) An Agency Head may, in writing, create positions in the Agency.
(2) An Agency Head may from time to time nominate any APS
employee in the Agency to occupy a position in the Agency, but
does not have to do so for all APS employees in the Agency.
(3) A provision of any Act that applies to APS employees who are
nominated under this section to occupy a position applies in the
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Section 78
same way to APS employees who are not nominated under this
section to occupy a position.
78 Delegations
(1) The Prime Minister may, in writing, delegate to another Minister
any of the Prime Minister’s powers or functions under this Act
(other than this section).
(2) The Public Service Minister may, in writing, delegate to another
Minister any of the Public Service Minister’s powers or functions
under this Act (other than this section or section 24).
(3) The Public Service Minister may, in writing, delegate to a senior
official any of the Public Service Minister’s powers or functions
under section 73.
(4) An Agency Minister may, in writing, delegate to a senior official
any of the Agency Minister’s powers or functions under this Act
(other than this section).
(5) The Commissioner may, in writing, delegate to a senior official
any of the Commissioner’s powers or functions under this Act
(other than this section).
(5A) The Commissioner may, in writing, delegate to a former senior
official any of the Commissioner’s powers or functions under
section 38 or paragraph 41(2)(m), (n) or (o).
(6) The Merit Protection Commissioner may, in writing, delegate to an
APS employee any of the Merit Protection Commissioner’s powers
or functions under this Act (other than this section).
(7) An Agency Head may, in writing, delegate to another person any
of the Agency Head’s powers or functions under this Act (other
than this section).
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(8) An Agency Head cannot, under subsection (7), delegate powers or
functions to an outsider without the prior written consent of the
Commissioner. For this purpose,
outsider means a person other
than:
(a) an APS employee; or
(b) a person appointed to an office by the Governor-General, or
by a Minister, under a law of the Commonwealth.
(9) A person (the
first delegate) to whom powers or functions are
delegated under subsection (5), (6) or (7) may, in writing, delegate
any of those powers or functions to another person (the
second
delegate). However, if the first delegate is subject to directions in
relation to the exercise of a power or function delegated under this
subsection, the first delegate must give corresponding directions to
the second delegate.
(10) A power or function that is exercised or performed by a person
under a delegation under subsection (9) is taken, for the purposes
of this Act, to have been exercised or performed by the person who
originally delegated the corresponding power or function under
subsection (5), (6) or (7).
(11) A person exercising powers or functions under a delegation under
this section must comply with any directions of the person who
delegated the power or function.
(12) In this section:
former senior official means:
(a) a person who held, but no longer holds, an office or
appointment under an Act; or
(b) a person who was, but is no longer, an SES employee, and
who does not hold an office or appointment under an Act.
senior official means:
(a) a person who holds any office or appointment under an Act;
or
(b) an SES employee or acting SES employee.
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Section 78A
78A Immunity from civil proceedings
Commissioner’s functions
(1) No civil action, suit or proceeding lies against the following
persons:
(a) the Commissioner;
(b) a delegate of the Commissioner;
(c) a person acting under the direction or authority of the
Commissioner;
(d) a Special Commissioner;
(e) a member of staff assisting the Commissioner or a Special
Commissioner;
in relation to anything done, or omitted to be done, in good faith by
the person in connection with the performance or purported
performance of functions or duties, or the exercise or purported
exercise of powers, conferred by:
(f) paragraph 41(2)(j), (k), (m), (n) or (o); or
(g) section 41A, 41B, 41C or 41D; or
(h) any other provision of this Act or the regulations prescribed
by the regulations for the purposes of this paragraph.
Merit Protection Commissioner’s functions
(2) No civil action, suit or proceeding lies against the following
persons:
(a) the Merit Protection Commissioner;
(b) a delegate of the Merit Protection Commissioner;
(c) a person acting under the direction or authority of the Merit
Protection Commissioner;
(d) a member of staff assisting the Merit Protection
Commissioner;
(e) a member of a committee established or appointed by the
Merit Protection Commissioner under the regulations;
(f) any other person prescribed by the regulations for the
purposes of this paragraph;
74
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Registered: 21/1/19
Authorised Version C2019C00057 registered 21/01/2019
Miscellaneous
Part 11
Section 79
in relation to anything done, or omitted to be done, in good faith by
the person in connection with the performance or purported
performance of functions or duties, or the exercise or purported
exercise of powers, conferred by this Act or the regulations.
79 Regulations
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The regulations may prescribe penalties of not more than 50
penalty units for offences against the regulations.
Public Service Act 1999
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Compilation No. 20
Compilation date: 29/12/18
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Authorised Version C2019C00057 registered 21/01/2019
Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The
Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
76
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Registered: 21/1/19
Authorised Version C2019C00057 registered 21/01/2019
Endnotes
Endnote 1—About the endnotes
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
Public Service Act 1999
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Authorised Version C2019C00057 registered 21/01/2019
Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted
o = order(s)
am = amended
Ord = Ordinance
amdt = amendment
orig = original
c = clause(s)
par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x
/sub-subparagraph(s)
Ch = Chapter(s)
pres = present
def = definition(s)
prev = previous
Dict = Dictionary
(prev…) = previously
disallowed = disallowed by Parliament
Pt = Part(s)
Div = Division(s)
r = regulation(s)/rule(s)
ed = editorial change
reloc = relocated
exp = expires/expired or ceases/ceased to have
renum = renumbered
effect
rep = repealed
F = Federal Register of Legislation
rs = repealed and substituted
gaz = gazette
s = section(s)/subsection(s)
LA =
Legislation Act 2003
Sch = Schedule(s)
LIA =
Legislative Instruments Act 2003
Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given
SLI = Select Legislative Instrument
effect
SR = Statutory Rules
(md not incorp) = misdescribed amendment
Sub-Ch = Sub-Chapter(s)
cannot be given effect
SubPt = Subpart(s)
mod = modified/modification
underlining = whole or part not
No. = Number(s)
commenced or to be commenced
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Registered: 21/1/19
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Act
Number
Assent
Commencement
Application,
and year
saving and
transitional
provisions
Public Service Act 1999
147, 1999
11 Nov
5 Dec 1999 (s 2(1) and
1999
gaz 1999, No S584)
Criminal Code
137, 2000
24 Nov
Sch 2 (items 339, 340,
Sch 2 (items 418,
Amendment (Theft,
2000
418, 419): 24 May 2001
419)
Fraud, Bribery and
(s 2(3))
Related Offences) Act
2000
Statute Law Revision
63, 2002
3 July 2002
Sch 1 (items 26, 27):
—
Act 2002
10 Mar 2000 (s 2(1)
item 21)
Legislative Instruments
140, 2003
17 Dec
s 4 and Sch 1 (item 32):
s 4
(Transitional Provisions
2003
1 Jan 2005 (s 2(1)
and Consequential
items 2, 3)
Amendments) Act 2003
Financial Framework
30, 2006
6 Apr 2006
Sch 3 (items 35, 36):
—
Legislation Amendment
7 Apr 2006 (s 2(1)
Act (No. 1) 2006
item 6)
Australian Trade
56, 2006
21 June
Sch 3 (item 6): 1 July
—
Commission Legislation
2006
2006 (s 2(1) item 7)
Amendment Act 2006
Workplace Relations
8, 2008
20 Mar
Sch 1 (items 276–279):
—
Amendment (Transition
2008
28 Mar 2008 (s 2(1)
to Forward with
item 2)
Fairness) Act 2008
Financial Framework
90, 2008
20 Sept
Sch 1 (item 62): 20 Mar
—
Legislation Amendment
2008
2009 (s 2(1) item 3)
Act 2008
Public Service Act 1999
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Compilation No. 20
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Authorised Version C2019C00057 registered 21/01/2019
Endnotes
Endnote 3—Legislation history
Act
Number
Assent
Commencement
Application,
and year
saving and
transitional
provisions
Fair Work (State
54, 2009
25 June
Sch 16 (items 4–28):
Sch 16 (item 28)
Referral and
2009
1 July 2009 (s 2(1)
Consequential and Other
item 39)
Amendments) Act 2009
Acts Interpretation
46, 2011
27 June
Sch 2 (items 953–964)
Sch 3 (items 10,
Amendment Act 2011
2011
and Sch 3 (items 10, 11):
11)
27 Dec 2011 (s 2(1)
items 7, 12)
Remuneration and Other
75, 2011
25 July
Sch 1 (items 7–10, 12–
Sch 1 (items 12–
Legislation Amendment
2011
15): 5 Aug 2011 (s 2(1)
15)
Act 2011
item 2)
Public Service
2, 2013
14 Feb
Sch 1: 1 July 2013
—
Amendment Act 2013
2013
(s 2(1) item 2)
Public Interest
134, 2013
15 July
Sch 1 (items 22–25) and
Sch 2 (items 3, 4)
Disclosure
2013
Sch 2 (items 3, 4): 15
(Consequential
Jan 2014 (s 2(1) items 5,
Amendments) Act 2013
6)
Statute Law Revision
31, 2014
27 May
Sch 1 (item 58): 24 June
—
Act (No. 1) 2014
2014
2014 (s 2(1) item 2)
Public Governance,
62, 2014
30 June
Sch 11 (items 92–97)
Sch 11 (item 96)
Performance and
2014
and Sch 14: 1 July 2014
and Sch 14
Accountability
(s 2(1) items 6, 14)
(Consequential and
Transitional Provisions)
Act 2014
as amended by
Public Governance
36, 2015
13 Apr
Sch 2 (items 7–9) and
Sch 7
and Resources
2015
Sch 7: 14 Apr 2015 (s 2)
Legislation
Amendment Act
(No. 1) 2015
80
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Compilation No. 20
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Registered: 21/1/19
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Endnotes
Endnote 3—Legislation history
Act
Number
Assent
Commencement
Application,
and year
saving and
transitional
provisions
as amended by
Acts and
126, 2015
10 Sept
Sch 1 (item 486): 5 Mar
—
Instruments
2015
2016 (s 2(1) item 2)
(Framework
Reform)
(Consequential
Provisions) Act
2015
Acts and Instruments
126, 2015
10 Sept
Sch 1 (item 495): 5 Mar
—
(Framework Reform)
2015
2016 (s 2(1) item 2)
(Consequential
Provisions) Act 2015
Acts and Instruments
126, 2015
10 Sept
Sch 1 (items 497–500):
—
(Framework Reform)
2015
5 Mar 2016 (s 2(1)
(Consequential
item 2)
Provisions) Act 2015
Public Governance and
92, 2017
23 Aug
Sch 2 (items 83–87) and
Sch 4
Resources Legislation
2017
Sch 4: 23 Aug 2017 (s
Amendment Act (No. 1)
2(1) item 1)
2017
National Security
67, 2018
29 June
Sch 2 (items 29, 30): 29
—
Legislation Amendment
2018
Dec 2018 (s 2(1) item 3)
(Espionage and Foreign
Interference) Act 2018
Number and year
FRLI registration
Commencement
Application,
saving and
transitional
provisions
50, 2006
17 Mar 2006
Sch 27: 27 Mar 2006 (r
—
(F2006L00820)
2(b))
Public Service Act 1999
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Compilation No. 20
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected
How affected
Part 1
s 3 ..................................................
a
m No 2, 2013
s 6 ..................................................
a
m No 2, 2013
Part 2
s 7 ..................................................
a
m SLI No 50, 2006; No 8, 2008; No 54, 2009; No 2, 2013; No 62, 2014
s 8 ..................................................
a
m No 54, 2009
Part 3
s 10 ................................................
r
s No 2, 2013
s 10A ..............................................
ad No 2, 2013
s 11 ................................................
a
m No 2, 2013
s 11A ..............................................
ad No 2, 2013
s 12 ................................................
r
s No 2, 2013
s 13 ................................................
a
m No 2, 2013; No 62, 2014
s 14 ................................................
a
m No 2, 2013
s 15 ................................................
a
m No 2, 2013
s 16 ................................................
a
m No 2, 2013
rep No 134, 2013
s 17 ................................................
rep No 2, 2013
s 18 ................................................
a
m No 2, 2013
s 19 ................................................
a
m No 2, 2013; No 134, 2013
Part 4
Division 1
s 21 ................................................
a
m No 2, 2013; No 126, 2015
s 22 ................................................
a
m No 2, 2013
s 23 ................................................
a
m SLI No 50, 2006; No 8, 2008; No 54, 2009; No 2, 2013; No 126, 2015
s 24 ................................................
a
m SLI No 50, 2006; No 8, 2008; No 54, 2009; No 2, 2013; No 126, 2015
s 26 ................................................
a
m No 2, 2013
s 29 ................................................
a
m No 54, 2009; No 2, 2013
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Endnotes
Endnote 4—Amendment history
Provision affected
How affected
s 32 ................................................
a
m No 2, 2013
s 33 ................................................
a
m No 2, 2013
Division 2
s 35 ................................................
a
m No 2, 2013
s 36 ................................................
rep No 2, 2013
s 37 ................................................
a
m No 2, 2013
s 38 ................................................
a
m No 2, 2013
Division 3
s 39 ................................................
a
m No 56, 2006; No 2, 2013
Part 5
Part 5 heading ................................
r
s No 2, 2013
Division 1
s 40 ................................................
a
m No 2, 2013
s 41 ................................................
r
s No 2, 2013
am No 134, 2013; No 126, 2015
s 41A ..............................................
ad No 2, 2013
s 41B ..............................................
ad No 2, 2013
s 41C ..............................................
ad No 2, 2013
s 41D ..............................................
ad No 2, 2013
s 42 ................................................
a
m No 140, 2003; No 2, 2013
s 43 ................................................
a
m No 137, 2000; No 2, 2013
s 44 ................................................
r
s No 92, 2017
Division 2
s 46 ................................................
r
s No 75, 2011
s 48 ................................................
am No 46, 2011
Division 3
Division 3 ......................................
ad No 2, 2013
s 48A ..............................................
ad No 2, 2013
s 48B ..............................................
ad No 2, 2013
s 48C ..............................................
ad No 2, 2013
Public Service Act 1999
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Compilation No. 20
Compilation date: 29/12/18
Registered: 21/1/19
Authorised Version C2019C00057 registered 21/01/2019
Endnotes
Endnote 4—Amendment history
Provision affected
How affected
Part 6
Division 1
s 49 ................................................
a
m No 2, 2013
s 50 ................................................
a
m No 137, 2000; No 2, 2013; No 134, 2013
s 50A ..............................................
ad No 2, 2013
s 51 ................................................
a
m No 2, 2013; No 92, 2017
Division 2
s 53 ................................................
r
s No 75, 2011
s 55 ................................................
a
m No 46, 2011
Part 7
s 57 ................................................
r
s No 2, 2013
am No 62, 2014
s 58 ................................................
r
s No 2, 2013
s 59 ................................................
r
s No 2, 2013
s 61 ................................................
r
s No 75, 2011
s 61A ..............................................
ad No 2, 2013
s 62 ................................................
a
m No 46, 2011
s 63 ................................................
rep No 92, 2017
Part 8
Part 8 ..............................................
r
s No 2, 2013
s 64 ................................................
r
s No 2, 2013
Part 9
s 68 ................................................
r
s No 75, 2011
s 69 ................................................
a
m No 46, 2011
s 70 ................................................
rep No 92, 2017
Part 10
s 72 ................................................
a
m SLI No 50, 2006; No 8, 2008; No 54, 2009; No 2, 2013
Part 10A
Part 10A .........................................
ad No 2, 2013
s 72A ..............................................
ad No 2, 2013
am No 67, 2018
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Compilation No. 20
Compilation date: 29/12/18
Registered: 21/1/19
Authorised Version C2019C00057 registered 21/01/2019
Endnotes
Endnote 4—Amendment history
Provision affected
How affected
s 72B ..............................................
ad No 2, 2013
am No 67, 2018
s 72C ..............................................
ad No 2, 2013
s 72D ..............................................
ad No 2, 2013
s 72E ..............................................
ad No 2, 2013
Part 11
s 73 ................................................
a
m No 30, 2006; No 90, 2008; No 2, 2013
s 76 ................................................
rep No 2, 2013
s 78 ................................................
a
m No 63, 2002; No 2, 2013; No 31, 2014
s 78A ..............................................
ad No 2, 2013
s 79 ................................................
a
m No 2, 2013
Public Service Act 1999
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Compilation date: 29/12/18
Registered: 21/1/19
Authorised Version C2019C00057 registered 21/01/2019
Document Outline
