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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Public Service
Bill 1997
No. ,
1997
(Prime
Minister)
A Bill for an Act to provide for
the establishment and management of the Australian Public Service, and for other
purposes
9710820—4,769/24.6.1997—(108/97) Cat. No. 96 9288 6
ISBN 0644 505834
Contents
A Bill for an Act to provide for the establishment and
management of the Australian Public Service, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Public Service Act 1997.
Note: See also the Public Employment (Consequential and
Transitional) Amendment Act 1997.
(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.
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 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.
(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.
(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:
(a) persons engaged on an honorary basis; or
(b) persons engaged to perform services in the Australian Secret
Intelligence Service.
(3) 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) 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 65.
APS employment means employment as an APS employee.
APS Values means the values in section 10.
Classification Rules means rules made under section
23.
Code of Conduct means the rules in section 13.
Commissioner means the Public Service Commissioner appointed
under this Act.
Commissioner’s Directions means directions issued by
the Commissioner under section 11 or 36.
Department means a Department of State, excluding any part
that is itself an Executive Agency or Statutory Agency.
Executive Agency means an Executive Agency established under
section 58.
Head:
(a) in relation to an Executive Agency—means the person appointed as
the Head of the Agency under section 60; 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
67.
non-SES employee means an APS employee other than an SES
employee.
overseas means outside Australia and the
Territories.
Prime Minister’s Department means the Department of the
Prime Minister and Cabinet.
Public Service Minister means the Minister who administers
this Act.
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.
Statutory Agency means a body or group of persons declared by
an Act to be a Statutory Agency for the purposes of this Act.
(1) This Act has effect subject to the Workplace Relations Act
1996.
(2) Subsection (1) is not intended to imply anything about the
relationship between this Act and any Act other than the Workplace Relations
Act 1996.
The Australian Public Service consists of Agency Heads and APS
employees.
The APS Values are as follows:
(a) the APS is apolitical, performing its functions in an impartial and
professional manner;
(b) the APS is a public service in which employment decisions are based on
merit;
(c) the APS provides a workplace that is free from discrimination and
recognises the diverse backgrounds of APS employees;
(d) the APS has the highest ethical standards;
(e) the APS is accountable for its actions;
(f) the APS is responsive to the Government in providing timely advice and
implementing the Government’s policies and programs;
(g) the APS delivers services fairly, effectively, impartially and
courteously to the Australian public;
(h) the APS has leadership of the highest quality;
(i) the APS establishes co-operative workplace relations based on
consultation and communication;
(j) the APS provides a fair, flexible, safe and rewarding
workplace;
(k) the APS focuses on achieving results and managing
performance.
(1) The
Commissioner must issue directions in writing in relation to the APS
Values:
(a) for the purpose of ensuring that the APS incorporates the APS Values;
or
(b) determining the scope or application of the APS Values.
(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).
An Agency Head must uphold and promote the APS Values.
(1) An APS employee must behave honestly and with integrity in the course
of APS employment.
(2) An APS employee must act with care and diligence in the course of APS
employment.
(3) An APS employee, when acting in the course of APS employment, must
treat everyone with respect and courtesy, and without coercion or harassment of
any kind.
(4) An APS employee, when acting in the course of 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 disclose, and take reasonable steps to avoid, any
conflict of interest (real or apparent) in connection with APS
employment.
(8) An APS employee must use Commonwealth resources in a proper
manner.
(9) An APS employee must not, in the course of APS employment, provide
false or misleading information in response to a request for information that is
made for official purposes.
(10) An APS employee must not make improper use of:
(a) inside information; or
(b) the employee’s duties, status, power or authority;
in order to gain, or seek to gain, a benefit or advantage for the employee
or for any other person.
(11) An APS employee must at all times behave in a way that upholds the
APS Values and the integrity and good reputation of 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.
Agency Heads are bound by the Code of Conduct in the same way as APS
employees.
(1) The regulations may prescribe the sanctions that an Agency Head may
impose on an APS employee in the Agency who is found (under procedures
established under subsection (3)) to have breached the Code of
Conduct.
(2) The sanctions that may be prescribed by the regulations include the
following:
(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.
(3) An Agency Head must establish procedures for determining whether an
APS employee in the Agency has breached the Code of Conduct. The procedures must
have due regard to procedural fairness.
(4) An Agency Head must take reasonable steps to ensure that every APS
employee in the Agency has ready access to the documents that set out the
procedures referred to in subsection (3).
A person performing functions in or for an Agency must not victimise, or
discriminate against, an APS employee because the APS employee has reported
breaches (or alleged breaches) of the Code of Conduct to:
(a) the Commissioner or a person authorised for the purposes of this
section by the Commissioner; or
(b) an Agency Head or a person authorised for the purposes of this section
by an Agency Head.
(1) A person exercising powers under this Act or the
regulations:
(a) in relation to the engagement of APS employees; or
(b) otherwise in relation to APS employees;
must do so without patronage or favouritism.
(2) This section does not apply to giving, or carrying out, a direction
under subsection 39(2) about a Head of Mission.
An Agency Head must establish a workplace diversity program to assist in
giving effect to the APS Values.
An Agency Head is not subject to direction by any Minister in relation to
the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 in
relation to particular individuals.
(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.
The Prime Minister may issue general directions in writing to Agency
Heads relating to the management and leadership 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 65) 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.
(3) Subsection (2) does not, by implication, limit the conditions that may
be applied to the engagement of an APS employee.
(4) 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.
(1) The Public Service Minister may, by notice in the Gazette, make
rules about classifications of APS employees.
(2) The Classification Rules may apply, adopt or incorporate, with or
without modification, any of the provisions of an award, as in force at a
particular time or as in force from time to time. For this purpose,
award has the same meaning as in the Workplace Relations Act
1996.
(3) Agency Heads must comply with the Classification Rules.
(1) An Agency Head may from time to time determine in writing the
remuneration and other terms and conditions of employment applying to an APS
employee or employees in the Agency.
Note: Other
Commonwealth laws deal with matters such as superannuation, compensation,
long-service leave and maternity leave.
(2) A determination under subsection (1) may apply, adopt or incorporate,
with or without modification, any of the provisions of an award or certified
agreement, as in force at a particular time or as in force from time to time.
For this purpose, award and certified agreement have
the same meanings as in the Workplace Relations Act 1996.
(3) The Public Service Minister may, by notice in the Gazette,
determine the remuneration and other 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 special circumstances.
(4) A determination under subsection (3) overrides any determination under
subsection (1), to the extent of any inconsistency.
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.
(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 the regulations, the agreement has effect according to its
terms, by force of this section.
(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.
The regulations may make provision in relation to the suspension from
duties of APS employees, with or without remuneration.
An Agency Head may at any time, by notice in writing, terminate the
employment of an APS employee in the Agency.
Note: The Workplace Relations Act 1996 has rules and
entitlements that apply to termination of employment.
(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.
(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) In this section:
non-Commonwealth remuneration means any remuneration from a
person other than the Commonwealth.
(1) This section applies to a person if:
(a) the person resigned as an APS employee in order to contest an election
prescribed by the regulations; 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 the regulations and within the time limits prescribed by the
regulations.
(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. For
this purpose, APS action means action by a person in the capacity
of an Agency Head or APS employee.
(2) The regulations may prescribe exceptions to the entitlement.
Note: For example, the regulations might exclude frivolous
or vexatious applications for review.
(3) Without limiting subsection (1), regulations made for the purposes of
that subsection may provide for the powers available to the Commissioner, or any
other person or body, when conducting a review under the regulations.
(4) In this section:
action includes a refusal or failure to act.
SES employees are those APS employees who are classified as SES employees
under the Classification Rules.
(1) The Senior Executive Service consists of the SES employees.
(2) The function of the SES is to provide a group of APS employees each of
whom, within his or her Agency:
(a) provides one or more of the following at a high level:
(i) professional expertise;
(ii) policy advice;
(iii) management; and
(b) promotes co-operation with other Agencies; and
(c) by personal example and other appropriate means, promotes the APS
Values and compliance with the Code of Conduct.
The Commissioner must issue directions in writing about employment
matters relating to SES employees.
(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.
(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 been compulsorily
retired from the APS.
Division 3 of Part VIA of the Workplace Relations Act 1996 does
not apply to the termination of employment of an SES employee.
(1) The appointment of a Head of Mission by the Governor-General cannot
take effect unless the person is an APS employee or a person employed under the
Australian Trade Commission Act 1985.
(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.
(1) There is to be a 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.
(1) The Commissioner’s functions include the following
functions:
(a) to evaluate the extent to which Agencies incorporate the APS
Values;
(b) to evaluate the adequacy of systems and procedures in Agencies for
ensuring compliance with the Code of Conduct;
(c) to inquire into reports made to the Commissioner (or to a person
authorised by the Commissioner) as mentioned in subsection 16(1);
(d) to consider and report to the Public Service Minister on any matter
relating to the APS (including such a matter referred to the Commissioner by the
Public Service Minister);
(e) to promote the APS Values and the Code of Conduct;
(f) to inquire into, and report to the Prime Minister on, alleged breaches
of the Code of Conduct by Agency Heads;
(g) to develop, promote, review and evaluate APS employment policies and
practices;
(h) to facilitate continuous improvement in people management throughout
the APS;
(i) to co-ordinate and support APS-wide training and career development
opportunities in the APS;
(j) to contribute to, and foster, leadership in the APS;
(k) to provide advice and assistance on public service matters to Agencies
on request;
(l) any function prescribed by the regulations.
(2) A report by the Commissioner under subsection (1) may include
recommendations.
(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 are disallowable instruments for the
purposes of section 46A of the Acts Interpretation Act 1901.
(1) Each of the following is a special inquiry for the
purpose of this section:
(a) an inquiry that is conducted by the Commissioner for the purpose of
paragraph 41(a), (b) or (g) and is notified by the Commissioner in the
Gazette;
(b) an inquiry that is conducted by the Commissioner for the purpose of
paragraph 41(c) or (f);
(c) an inquiry on a matter referred to the Commissioner under paragraph
41(d) by the Public Service Minister, by notice in the Gazette.
(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, 34 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, 34 or 35 of that Act.
(1) After
the end of each financial year, the Commissioner must give a report to the
Agency Minister, for presentation to the Parliament, on the activities of the
Commissioner’s Agency during the year.
(2) The report must include a report on the state of the APS during the
year.
(3) An Agency Head must give the Commissioner whatever information the
Commissioner requires for the purpose of preparing the report referred to in
subsection (2).
The Commissioner is to be appointed by the Governor-General for a period
of up to 5 years specified in the instrument of appointment.
The remuneration and other conditions of appointment of the Commissioner
are as determined in writing by the Agency Minister.
(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.
(1) 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.
(2) Anything done by or in relation to a person purporting to act under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(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]”.
The Secretary of a Department, under the Agency Minister, is responsible
for managing the Department.
(1) The Prime Minister may appoint a person to be the Secretary of a
Department for a period of up to 5 years specified in the instrument of
appointment.
(2) Before making an appointment of the Secretary of the Prime
Minister’s Department, the Prime Minister must have received a report
about the vacancy from the Commissioner.
(3) Before making an appointment of any other Secretary, the Prime
Minister must have received a report about the vacancy from the Secretary of the
Prime Minister’s Department.
(4) The
person preparing the report must consult the person who is expected to be the
Agency Minister at the time when the appointment is made.
(5) The same person may hold more than one office of Secretary.
(6) An appointment under this section is not affected by any defect or
irregularity in or in connection with the appointment.
(1) The Prime Minister may, by notice in writing, terminate an appointment
of Secretary at any time.
(2) Before terminating the appointment of the Secretary of the Prime
Minister’s Department, the Prime Minister must have received a report
about the proposed termination from the Commissioner.
(3) Before terminating any other appointment, the Prime Minister must have
received a report about the proposed termination from the Secretary of the Prime
Minister’s Department.
(4) Division 3 of Part VIA of the Workplace Relations Act 1996 does
not apply to the termination of an appointment of Secretary.
At any time after the appointment of a Secretary is terminated under
section 49 or 52, the Prime Minister, on behalf of the Commonwealth, may engage
the former Secretary to perform specified duties (otherwise than as an APS
employee), on terms and conditions determined by the Prime Minister.
The remuneration and other conditions of appointment of a Secretary are
as determined in writing by the Prime Minister.
(1) 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.
(2) Anything done by or in relation to a person purporting to act under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
After the end of each financial year, the
Secretary of a Department must give a report to the Agency Minister, for
presentation to the Parliament, on the Department’s activities during the
year.
(1) There is to be an APS Management Advisory Committee, with the function
of advising the Government on matters relating to the management of the
APS.
(2) The Committee consists of the following persons:
(a) the Secretary of the Prime Minister’s Department, as
Chairman;
(b) all the other Secretaries;
(c) the Commissioner, as executive officer;
(d) such other persons as are nominated in writing by the Secretary of the
Prime Minister’s Department.
(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.
The Head of an Executive Agency, under the Agency Minister, is
responsible for managing the Agency.
(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) The Agency Minister may, by notice in writing, terminate the
appointment at any time.
(3) Division 3 of Part VIA of the Workplace Relations Act 1996 does
not apply to the termination of an appointment of Head of an Executive
Agency.
The
remuneration and other conditions of appointment of the Head of an Executive
Agency are as determined in writing by the Agency Minister.
(1) 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.
(2) Anything done by or in relation to a person purporting to act under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
After the end of each financial year, the Head of an Executive Agency
must give a report to the Agency Minister, for presentation to the Parliament,
on the Agency’s activities during the year.
(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.
(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 employees of a specified 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.
(3) Division 3 of Part VIA of the Workplace Relations Act 1996 does
not apply to termination of employment under this section.
(4) 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.
(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 of more than
$100,000.
(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.
(6) Payments under this section are to be made out of money appropriated
by the Parliament for the purposes of this section.
(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.
(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.
judgment debt includes interest on a judgment debt.
The regulations:
(a) may authorise the 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, use or
further disclosure of information disclosed under regulations made for the
purposes of paragraph (a).
(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 same way to APS employees
who are not nominated under this section to occupy a position.
(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:
(a) another Minister; or
(b) a Parliamentary Secretary;
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 23 or 66.
(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).
(6) 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).
(7) A person (the first delegate) to whom powers or
functions are delegated under subsection (5) or (6) 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.
(8) 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.
(9) In this section:
Parliamentary Secretary means a Parliamentary Secretary
appointed under the Parliamentary Secretaries Act 1980.
senior official means:
(a) a person who holds any office or appointment under an Act;
or
(b) an SES employee or acting SES employee.
(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) In particular, the regulations may prescribe penalties for offences
against the regulations by way of fines of up to 10 penalty units.