Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Agency Head;
(b) APS employment;
(c) Classification Rules;
(d) Code of Conduct;
(e) Commissioner's Directions;
(f) Merit Protection Commissioner.
In this instrument:
"Act " means the Public Service Act 1999 .
"action " has the meaning given by subsection 33(7) of the Act.
"affected employee " has the meaning given by subsection 36(1).
"affected former employee " has the meaning given by subsection 73(1).
"APS action " has the meaning given by subsection 33(7) of the Act.
"Australian Public Service Commissioner " means the Australian Public Service Commissioner appointed under the Act.
(a) in relation to an APS employee or APS employment--an approved classification within the meaning of the Classification Rules; or
(b) in relation to a Parliamentary Service employee--an approved classification within the meaning of the Parliamentary Service Classification Rules 2010 as in force at the commencement of this instrument.
"Classification Rules " means the Classification Rules as in force at the commencement of this instrument.
"debtor " means any of the following who owes a judgment debt:
(a) a Secretary;
(b) the Head of an Executive Agency;
(c) an APS employee.
"discloser " has the same meaning as in the Public Interest Disclosure Act 2013 .
"employer powers " , for an Agency Head, means the rights, duties and powers of the Agency Head under the Act and instruments made under the Act.
"employment " means APS employment.
"employment arrangement " means any of the following:
(a) a fair work instrument;
(b) a transitional instrument;
(c) a determination made under subsection 24(1) or (3) of the Act;
(d) a written contract of employment.
"external review body " does not include a court or tribunal.
"higher classification " , in relation to an ongoing Parliamentary service employee, has the meaning given by section 6.
"Independent Selection Advisory Committee (or ISAC" ) means an Independent Selection Advisory Committee established under Subdivision B of Division 2 of Part 6.
"judgment debt " has the meaning given by subsection 75(2) of the Act.
"medical practitioner " means a person who is registered, or licensed, as a health practitioner under a law of a State or Territory that provides for the registration or licensing of health practitioners.
"member of the Fair Work Commission has the same meaning as FWC Member" has in the Fair Work Act 2009 .
"net salary " of a debtor means the debtor's total gross salary, less any amount to be deducted:
(a) to pay income tax; or
(b) to pay child support in accordance with the Child Support (Assessment) Act 1989 ; or
(c) as a contribution that:
(i) the debtor is required to make to a superannuation fund relating to the debtor's appointment or engagement as a Secretary, the Head of an Executive Agency or an APS employee; and
(ii) is the minimum amount required by law or the rules of the fund.
"ongoing Parliamentary Service employee " has the same meaning as in the Parliamentary Service Act 1999 .
"Parliamentary Service employee " has the same meaning as in the Parliamentary Service Act 1999 .
"paying officer " , in relation to a debtor, means a person appointed under section 90 in relation to the debtor.
"personal information " has the same meaning as in the Privacy Act 1988 .
"promotion " , for an ongoing APS employee, has the same meaning as in the Commissioner's Directions.
"Promotion Review Committee (or PRC" ) means a Promotion Review Committee appointed under Division 2 of Part 4.
"public interest disclosure " has the same meaning as in the Public Interest Disclosure Act 2013 .
"Public Service Gazette " means the Australian Public Service Gazette published in electronic form.
Note: The Public Service Gazette is accessible through the APSJobs website (http://www.apsjobs.gov.au).
"relevant Agency Head " , for a review of an APS action, means:
(a) if the action is an action by an Agency Head--the Agency Head; or
(b) if the action is an action by an APS employee--the Agency Head of the Agency in which the employee was employed at the time of the action.
"relevant employment " means employment as an ongoing APS employee at a classification mentioned in any of Groups 1 to 6 set out in Schedule 1 to the Classification Rules.
"reviewable action " has the meaning given by section 37.
"statutory office holder " has the meaning given by subsection 14(3) of the Act.
"total gross salary " of a debtor means the total of:
(a) the amount of the debtor's gross salary as a Secretary, the Head of an Executive Agency or an APS employee (not including any payment of compensation under the Safety, Rehabilitation and Compensation Act 1988 ); and
(b) the amount of the allowances, in the nature of salary, that are paid regularly to the debtor in connection with the debtor's appointment or engagement as a Secretary, the Head of an Executive Agency or an APS employee;
without any reduction for salary sacrifice arrangements or other arrangements with a similar purpose.
"transitional instrument " has the same meaning as in the transitional Schedules to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .
"transitional minimum wage instrument " has the same meaning as in the transitional Schedules to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .
"tribunal " means a tribunal constituted under an enactment.
"work-related qualities " , in relation to a person, has the same meaning as in the Commissioner's Directions.