Whole Act
16 provisions in continuous reading order
Loading the complete Act…
These Rules are the Public Service Classification Rules 2000.
These Rules commence on gazettal.
The dictionary at the end of these Rules defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in these Rules (signpost definitions).
The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than one rule.
A definition in these Rules applies to each use of the word or expression in these Rules, unless the contrary intention appears.
For the purposes of these Rules, a classification is an approved classification if it is:
a classification under a modern award or a transitional APCS as in force at a particular time or as in force from time to time; or
a classification mentioned in column 2 of Schedule 1; or
a training classification mentioned in column 2 of Schedule 2.
Subsection 23(2) of the Act provides that the Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of a modern award or a transitional APCS, as in force at a particular time or as in force from time to time.
An Agency Head must allocate an approved classification to each APS employee in the Agency.
Subject to rule 7, the classification must be based on the group of duties that are determined by the Agency Head to be the duties to be performed by the employee in the Agency (other than duties temporarily assigned to the employee).
This rule applies to an Agency Head if:
an ongoing APS employee moves to the Agency Head’s Agency in accordance with an agreement entered into under section 26 of the Act; and
the agreed movement is a temporary move.
The Agency Head must not comply with rule 6.
The Agency Head must allocate to the employee:
the approved classification that was allocated to the employee immediately before moving to the Agency; or
another approved classification that is in the same group as the classification mentioned in paragraph (a).
The allocation of a classification in accordance with subrule (3) does not prevent the employee from:
performing the duties that are to be performed by the employee following the move to the Agency; and
receiving the pay and other entitlements that are to be paid to the employee following the move to the Agency.
For section 34 of the Act, an APS employee is classified as an SES employee if the employee's classification is any of the following approved classifications:
Senior Executive Band 1;
Senior Executive Band 2;
Senior Executive Band 3.
An Agency Head must allocate an approved classification to each group of duties to be performed in the Agency.
The allocation of an approved classification to a group of duties must be based on the work value of the group of duties.
The allocation of an APS Level classification, Executive Level classification or SES classification to a group of duties must be based on the work value of the group of duties described in the work level standards for that classification issued, in writing, by the Commissioner (as those standards exist on 1 December 2014).
If a training classification is allocated to a group of duties, the Agency Head must ensure that the duties include a requirement to undergo training.
If a group of duties to be performed in an Agency involves work value applying to more than one classification, the Agency Head may allocate more than one classification (called a broadband) to the group of duties.
However, subrule (4) does not apply to a group of duties to be performed by an SES employee.
An Agency Head must issue, in writing, work level standards for each classification, other than an APS Level classification, Executive Level classification or SES classification, describing the work value of the group of duties to be performed in the Agency at that classification.
If an APS employee who is employed at a training classification satisfactorily finishes each training requirement for the training classification, the Agency Head must allocate to the employee a classification mentioned in column 3 of Schedule 2 that relates to the employee’s training classification.
Subrule (1) does not apply to a non-ongoing non-SES employee engaged for a specified term for the purpose mentioned in subparagraph 13(4)(c)(i) of the Public Service Regulations 2023.
For the purposes of subsection 23(4) of the Act, the classification of an APS employee is reduced if the Agency Head allocates to the employee a classification that is in a lower classification group than the employee’s classification before the reduction.
An Agency Head may, in writing, delegate to a person any of the Agency Head’s powers or functions under these Rules (other than this rule).
However, an Agency Head cannot delegate powers or functions to an outsider (within the meaning of subsection 78(8) of the Act) without the prior written consent of the Commissioner.
A person (the first delegate) to whom powers or functions are delegated under subrule (1) may, in writing, delegate any of the powers or functions to another person (the second delegate).
However, if the first delegate is subject to directions about the exercise of a power or function delegated under subrule (3), the first delegate must give corresponding directions to the second delegate.
A power or function that is exercised or performed by a person under a delegation under subrule (3) is taken, for the purposes of these Rules, to have been exercised or performed by the person who originally delegated the corresponding power or function under subrule (1).
A person exercising powers or functions under a delegation under this rule must comply with any directions of the Agency Head who delegated the power or function.