Public Service Act 1999

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:

the payee’s employment by the Commonwealth; or

another person’s employment by the Commonwealth.

The Public Service Minister may authorise the making of any of the following payments:

one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

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).

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.

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.

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.

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.