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This Act may be cited as the Public Service Act 1999.
See also the Public Employment (Consequential and Transitional) Amendment Act 1999.
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
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.
The main objects of this Act are:
to establish an apolitical public service that is efficient and effective in serving the Government, the Parliament and the Australian public; and
to provide a legal framework for the effective and fair employment, management and leadership of APS employees; and
to define the powers, functions and responsibilities of Agency Heads, the Australian Public Service Commissioner and the Merit Protection Commissioner; and
to establish rights and obligations of APS employees.
This Act binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence.
This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears).
This Act extends to all the Territories.
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.
Subsection (1) does not apply to persons engaged on an honorary basis.
This section does not, by implication, affect any power that an Agency Head might otherwise have to engage persons as independent contractors.
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 Department; or
an Executive Agency; or
a Statutory Agency.
Agency Head means:
the Secretary of a Department; or
the Head of an Executive Agency; or
the Head of a Statutory Agency.
Agency Minister means:
in relation to a Department—the Minister who administers the Department; or
in relation to an Executive Agency—the Minister who administers the Agency; or
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.
Agency website means a website maintained by an Agency.
APS means the Australian Public Service established by section 9.
APS employee means:
a person engaged under section 22; or
a person who is engaged as an APS employee under section 72.
APS employment means employment as an APS employee.
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.
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:
ongoing APS employees;
APS employees engaged for a specified term or for the duration of a specified task;
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.
former Agency Head means a person who was, but is no longer, an Agency Head.
former APS employee means a person who was, but is no longer, an APS employee.
Head:
in relation to an Executive Agency—means the person appointed as the Head of the Agency under section 67; and
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:
an Australian diplomatic mission; or
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.
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).
State of the Service report means a report referred to in subsection 44(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).
This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
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.
The Australian Public Service consists of Agency Heads and APS employees.
Committed to service
The APS is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Australian community and the Government.
Ethical
The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does.
Respectful
The APS respects all people, including their rights and their heritage.
Accountable
The APS is open and accountable to the Australian community under the law and within the framework of Ministerial responsibility.
Impartial
The APS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence.
Stewardship
The APS builds its capability and institutional knowledge, and supports the public interest now and into the future, by understanding the long‑term impacts of what it does.
APS Employment Principles
The APS is a career‑based public service that:
makes fair employment decisions with a fair system of review; and
recognises that the usual basis for engagement is as an ongoing APS employee; and
makes decisions relating to engagement and promotion that are based on merit; and
requires effective performance from each employee; and
provides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued; and
provides workplaces that are free from discrimination, patronage and favouritism; and
recognises the diversity of the Australian community and fosters diversity in the workplace.
Decisions based on merit
For the purposes of paragraph (1)(c), a decision relating to engagement or promotion is based on merit if:
all eligible members of the community were given a reasonable opportunity to apply to perform the relevant duties; and
an assessment is made of the relative suitability of the candidates to perform the relevant duties, using a competitive selection process; and
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
the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the relevant duties; and
the assessment is the primary consideration in making the decision.
Commissioner’s Directions may determine the scope or application of the APS Employment Principles (see subsections 11A(2) and (3)).
The Commissioner may issue directions in writing in relation to any of the APS Values for the purpose of:
ensuring that the APS incorporates and upholds the APS Values; and
determining where necessary the scope or application of the APS Values.
See section 42 for general provisions relating to Commissioner’s Directions.
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).