Commonwealth Numbered Acts

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PUBLIC SERVICE ACT 1999 - SECT 41

Commissioner's functions
(1)
The Commissioner's functions include the following functions:

(a)
to evaluate the extent to which Agencies incorporate and uphold 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 section 16;

(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 alleged breaches of the Code of Conduct by Agency Heads and to report to the appropriate authority on the results of such enquiries (including, where relevant, recommendations for sanctions);

(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.

(3)
For the purposes of paragraph (1)(f), the appropriate authority for a report about an Agency Head is:

(a)
the Prime Minister, if the Agency Head is a Secretary; or

(b)
the Agency Minister, if the Agency Head is the Head of an Executive Agency; or

(c)
the Presiding Officers, if the Agency Head is the Head of a Statutory Agency that is prescribed by the regulations for the purposes of this paragraph; or

(d)
the Agency Minister, if the Agency Head is the Head of a Statutory Agency that is not prescribed by the regulations for the purposes of paragraph (c).


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