PUBLIC SERVICE REGULATIONS 2023 (F2023L00368)

Commonwealth Numbered Regulations

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PUBLIC SERVICE REGULATIONS 2023 (F2023L00368)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Name
2. Commencement
3. Authority
4. Schedules
5. Definitions
6. Meaning of higher classification

PART 2--THE CODE OF CONDUCT

7. Duty not to disclose information
8. Statutory office holders bound by Code of Conduct
9. Limitation on sanctions for breaches of Code of Conduct

PART 3--APS--EMPLOYEES

Division 1--Employer powers etc

10. Condition of engagement--health clearance
11. Direction to attend medical examination
12. Engagement of SES employees for a specified term
13. Engagement of non-ongoing non-SES employees
14. Suspension from duties
15. Termination of employment

Division 2--Miscellaneous

16. Knowledge of Act, regulations and Commissioner's Directions

PART 4--REVIEW OF ACTIONS

Division 1--Statement of intent and outline

17. General policy about review
18. Review of APS actions--certain promotion decisions and engagement decisions
19. Review of other APS actions

Division 2--Review of certain APS promotion decisions and engagement decisions (including decisions involving Parliamentary Service employees)

20. Application of this Division
21. Entitlement to review--promotion decisions
22. Entitlement to review--engagement decisions involving Parliamentary Service employees
23. Grounds for review
24. Application for review
25. Appointment of PRC
26. Constitution of PRC
27. Statements by parties
28. Frivolous or vexatious applications
29. PRC procedures--minimum requirements
30. PRC procedures--Merit Protection Commissioner's instructions
31. Assistance to PRC
32. Requirement to provide information or documents
33. Conduct of review by PRC
34. Non-agreement on decision or recommendation by PRC
35. Effect of PRC decision or PRC recommendation

Division 3--Review of other APS actions

Subdivision A--Reviewable actions

36. Entitlement to review
37. What APS actions are reviewable actions

Subdivision B--Primary review

38. Application for primary review
39. Referral to Merit Protection Commissioner
40. Notice that APS action is not a reviewable action
41. Conduct of review by relevant Agency Head
42. Conduct of review by Merit Protection Commissioner

Subdivision C--Secondary review

43. Application for secondary review
44. Agency Head to give documents to Merit Protection Commissioner
45. Conduct of review by Merit Protection Commissioner

Subdivision D--Action following recommendation to Agency Head

46. Action by Agency Head

Subdivision E--Other provisions about review

47. Review procedures--minimum requirements
48. Requirement to provide information or documents
49. Making of application does not operate as stay

PART 5--THE AUSTRALIAN PUBLIC SERVICE COMMISSIONER--FUNCTIONS

Division 1--Inquiries into alleged breach of Code of Conduct by Agency Head

50. Report on result of inquiry--prescribed Statutory Agencies
51. Circumstances in which Australian Public Service Commissioner may decline to conduct, or discontinue, inquiry

Division 2--Inquiries into alleged breach of Code of Conduct by APS employee or former APS employee

52. Basic requirements for procedures for determining alleged breach of Code of Conduct by APS employee or former APS employee
53. Circumstances in which Australian Public Service Commissioner may discontinue inquiry

Division 3--Inquiries into public interest disclosures relating to alleged breaches of Code of Conduct

54. Inquiries into public interest disclosures relating to alleged breaches of the Code of Conduct

Division 4--Other functions

55. Inquiries into Merit Protection Commissioner's behaviour
56. Inquiries into alleged breaches of Code of Conduct by statutory office holders
57. Delivery of learning and development programs on request to Commonwealth entities and State or Territory authorities or bodies

PART 6--THE MERIT PROTECTION COMMISSIONER--FUNCTIONS

Division 1--Inquiry f

58. Inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct

Division 2--Other functions

Subdivision A--Purpose of this Division

59. Purpose of this Division

Subdivision B--Independent Selection Advisory Committees

60. Establishment of ISAC
61. Function of ISAC
62. Constitution of ISAC
63. ISAC procedures--minimum requirements
64. ISAC procedures--Merit Protection Commissioner's instructions
65. Assistance to ISAC
66. Assessment and recommendation by ISAC
67. Non-agreement on recommendation by ISAC
68. ISAC recommendation not binding
69. Effect of acting in accordance with ISAC recommendation
70. Effect of not acting in accordance with ISAC recommendation
71. Merit Protection Commissioner authorised to charge fees

Subdivision C--Investigation of c

72. Investigation of complaints by former employees

Subdivision D--Review of determination of breach of Code of Conduct by former APS employee

73. Review by Merit Protection Commissioner if former APS employee is entitled to review
74. Application for review
75. Notice that action not reviewable
76. Conduct of review
77. Action by Agency Head
78. Review procedures--minimum requirements
79. Requirement to provide information or documents
80. Making application does not operate as stay

Subdivision E--Review of actions of statutory office holders

81. Review of actions of statutory office holders other than Agency Heads

Subdivision F--Functions on request by relevant employer

82. Functions of Merit Protection Commissioner on request by relevant employer

Division 3--Basic requirements for procedures for determining alleged breach of Code of Conduct by APS employee or former APS employee

83. Basic requirements for procedures for determining breach of Code of Conduct by APS employee or former APS employee

Division 4--Other provisions

84. Independence of Merit Protection Commissioner

PART 7--ADMINISTRATIVE ARRANGEMENTS AND RE-ORGANISATIONS

85. Employment conditions after machinery of government changes--movement of APS employees
86. Employment conditions after machinery of government changes--engagement of non-APS employees
87. Prescribed circumstances in relation to employment in former Agency

PART 8--ATTACHMENT OF SALARIES TO SATISFY JUDGMENT DEBTS

88. Application of this Part
89. Application of State and Territory law
90. Paying officer
91. Authority to make deductions
92. Administration fee
93. More than one judgment debt
94. Effect of deductions
95. Rate of deductions
96. Move to another Agency
97. Administration of deductions
98. Recovery of overpayment

PART 9--PROTECTION OF INFORMATION

99. Australian Public Service Commissioner's functions etc.
100. Merit Protection Commissioner's functions etc.
101. Giving information or producing documents to Australian Public Service Commissioner not admissible in evidence etc.
102. Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc.
103. Use and disclosure of personal information

PART 10--MISCELLANEOUS

104. Maximum amount of payments in special circumstances
105. Delegations
106. Immunity from civil proceedings in relation to Australian Public Service Commissioner's functions

PART 11--TRANSITIONAL ARRANGEMENTS

Division 1--Transitional arrangements in relation to the commencement of this instrument

107. Definitions
108. Conduct, event, circumstances occurring before commencement
109. Review of actions where application for review made before commencement day
110. Inquiry in progress into alleged breach of Code of Conduct by Merit Protection Commissioner
111. Conduct of ISAC and recommendation by ISAC
112. Review of promotion notified before commencement day

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