Public Service Act 1999

The Commissioner has the following functions:

to strengthen the professionalism of the APS and facilitate continuous improvement in workforce management in the APS;

to uphold high standards of integrity and conduct in the APS;

to monitor, review and report on APS capabilities within and between Agencies to promote high standards of accountability, effectiveness and performance.

Without limiting subsection (1), the Commissioner’s functions include the following:

to foster, and contribute to, leadership, high quality learning and development and career management in the APS;

to lead the thinking about, provide advice on and drive reforms to workforce management policies so that the APS is ready for future demands;

to develop, review and evaluate APS workforce management policies and practices and maintain appropriate databases;

to foster an APS workforce that reflects the diversity of the Australian population;

to promote the APS Values, the APS Employment Principles and the Code of Conduct;

to evaluate the extent to which Agencies incorporate and uphold the APS Values and the APS Employment Principles;

to partner with Secretaries in the stewardship of the APS;

to provide advice and assistance to Agencies on public service matters;

to work with other governments (including foreign governments) on matters relating to public sector workforce management, leadership and career management;

to review any matter relating to the APS;

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;

to evaluate the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct;

to inquire into and determine, in accordance with section 41A, whether an Agency Head, or a former Agency Head, has breached the Code of Conduct;

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;

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;

such other functions as are conferred on the Commissioner by this Act, the regulations or any other law;

such other functions as the Prime Minister, by legislative instrument, directs the Commissioner to perform;

to do anything incidental to or conducive to the performance of any of the Commissioner’s functions.

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).

A report made by the Commissioner in the performance of his or her functions may include recommendations.

The regulations may authorise the Commissioner to charge fees (on behalf of the Commonwealth) for the performance, on request, of the Commissioner’s functions.