Cites this Act as the Public Service Act 1999.
1 Short title
Financial Framework Legislation Amendment Act (No. 1) 2006
1 July 2009 (s 2(1)
10 APS Values
Transitional Provisions and Consequential Amendments Act 2003
10 Sept
The APS must be professional, objective, innovative and efficient.
10(1) APS Values
Obligation to be professional, objective, innovative and efficient.
Demonstrate leadership, be trustworthy, and act with integrity.
10(2) APS Values
Respect for all people, including their rights and heritage.
10(3) APS Values
...all people, including their rights and heritage.
The APS is open and accountable to the Australian community under the law.
10(4) APS Values
The APS must provide frank, honest, timely and based on the best available evidence.
10(5) APS Values
The APS must support the public interest.
10(6) APS Values
Obligation to support the public interest.
10A APS Employment Principles
Fair employment decisions with a fair system of review, recognition of merit-based engagement and promotion, effective performance, flexible workplaces, diversity and inclusion.
10A(1) APS Employment Principles
Recognition of merit-based engagement and promotion
(b) recognises that the usual basis for engagement is as an ongoing APS employee
Effective performance from each employee
(d) requires effective performance from each employee
Decision based on merit for engagement or promotion
10A(2) APS Employment Principles
State obligation to consider merit-based decisions
Compilation information and notes on amendments.
11 December 2024
11 Commissioner’s Directions about APS Values
Commissioner may issue directions about APS Values.
11(1) Commissioner’s Directions about APS Values
Commissioner has the power to issue directions.
11(2) Commissioner’s Directions about APS Values
11 Nov
11 June
Public Service Amendment Act (No. 2) - item 1
The compilation is a representation of the law as it stands at the specified date.
Classifies the text of the law as amended and in force.
The compilation shows the text of the Public Service Act 1999 as amended and in force on 11 December 2024.
11A Commissioner’s Directions about employment matters
Commissioner may issue directions about employment matters.
11A(1) Commissioner’s Directions about employment matters
Commissioner may issue directions in writing to ensure APS incorporates and upholds Employment Principles.
11A(2) Commissioner’s Directions about employment matters
Directions of no effect to the extent of inconsistency with Prime Minister’s direction
11A(3) Commissioner’s Directions about employment matters
Prohibits directions from having effect to the extent of inconsistency with Prime Minister’s direction
Inconsistent with a direction issued by the Prime Minister under section 21.
11A(4) Commissioner’s Directions about employment matters
(4) A direction issued under this section has no effect to the extent that it is inconsistent with a direction issued by the Prime Minister under section 21.
Prohibits effect of direction if inconsistent with Prime Minister's direction
Direction from Prime Minister influences direction from Commissioner
Inconsistent with Prime Minister's direction
Agency Heads must promote APS Values and APS Employment Principles.
12 Agency Heads must promote APS Values and APS Employment
Obligation to promote APS Values and APS Employment Principles.
APS employee must behave honestly and with integrity.
13 The APS Code of Conduct
13 Apr
Must behave honestly and with integrity.
14 Agency Heads and statutory office holders bound by Code of
14 Feb
Agency Heads are bound by the Code of Conduct.
14(1) Agency Heads and statutory office holders bound by Code of
Bound by Code of Conduct subject to regulations
14(2) Agency Heads and statutory office holders bound by Code of
Statutory office holders are bound by the Code of Conduct
Statutory office holders are bound by the Code of Conduct.
14(2A) Agency Heads and statutory office holders bound by Code of
Regulations may make provision for different classes of statutory office holders.
14(3) Agency Heads and statutory office holders bound by Code of
149 Section 149
No penalty under other laws for providing information to Merit Protection Commissioner.
149(4) Section 149
Disclosure of personal information is authorized for the purposes of the Privacy Act 1988.
149(5) Section 149
Obligation to disclose personal information for Privacy Act 1988 purposes.
149(6) Section 149
No penalty under other laws for providing information to Commissioner.
Disclosure of personal information is authorized for Privacy Act 1988 purposes.
Authorizes disclosure of personal information.
Protection of legal professional privilege
15 Breaches of the Code of Conduct
Conditional commencement of Statute Law Revision Act (No. 1) 2014
15 July
Temporal interval of Statute Law Revision Act (No. 1) 2014
Obligation to commence Statute Law Revision Act (No. 1) 2014
Recurring trace of Statute Law Revision Act (No. 1) 2014
Termination of employment is prohibited for APS employees who breach the Code of Conduct.
15(1) Breaches of the Code of Conduct
Limitations on sanctions imposed by Agency Head
15(2) Breaches of the Code of Conduct
...Providing false or misleading information etc.
Describes a temporal relationship between actions (providing false or misleading information and sanctions)
(2) The regulations may prescribe limitations on the power of an Agency Head...
Describes a relationship between actions (providing false or misleading information and sanctions) that affects the decision-making of an AI system
Limits the power of an Agency Head to impose sanctions
Describes a relationship between actions (providing false or misleading information and sanctions) that spreads to other agents
Describes a recurring relationship between actions (providing false or misleading information and sanctions)
Failure to behave honestly and with integrity is a breach of the Code of Conduct.
15(2A) Breaches of the Code of Conduct
The person has breached the Code of Conduct.
The person knew, or ought reasonably to have known, was relevant.
Agency Head must establish written procedures for determining breaches of the Code of Conduct.
15(3) Breaches of the Code of Conduct
Agency Head must establish written procedures.
Procedures must comply with basic procedural requirements and have due regard to procedural fairness.
15(4) Breaches of the Code of Conduct
Procedures have a temporal relationship.
(4) The procedures: (a) must comply with basic procedural requirements set out in Commissioner’s Directions;
Procedures must comply with basic procedural requirements.
Procedures for different categories of APS employees or former APS employees may be different.
15(5) Breaches of the Code of Conduct
Differentiates procedures for different categories of APS employees or former APS employees.
The Commissioner must issue directions in writing.
15(6) Breaches of the Code of Conduct
Reference to section 4 and schedule 1, item 32
17 Dec
Amendment history for Public Service Act 1999
17 Mar 2006
Establish a workplace diversity program.
18 Promotion of employment equity
Must establish a workplace diversity program.
Limitation on Ministerial directions to Agency Head
19 Limitation on Ministerial directions to Agency Head
19A Agency Heads to implement measures to create a work
Agency Heads must implement measures to create a work environment enabling APS employee decisions.
19A(1) Agency Heads to implement measures to create a work
Agency Heads have an obligation to implement measures.
Agency Head must consider relevant matters when implementing measures.
19A(2) Agency Heads to implement measures to create a work
Agency Head has an obligation to consider relevant matters.
Failure to comply with subsection (1) does not affect the validity of a decision.
19A(3) Agency Heads to implement measures to create a work
Failure to comply does not affect validity
Obligation to comply with subsection (1)
2 Commencement
2(1) Commencement
Requires temporal intervals for commencement
2(2) Commencement
Describes the time period for commencement
20 Employer powers etc. of Agency Head
20 Mar
Legislation history for Public Service Act 1999
20 Sept
Agency Head has rights, duties and powers of an employer in respect of APS employees.
20(1) Employer powers etc. of Agency Head
Agency Head has rights, duties and powers.
Rights, duties and powers prescribed by regulations
20(2) Employer powers etc. of Agency Head
21 Prime Minister’s directions to Agency Heads
Conditional commencement of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008
21 June
A relation exists between the commencement date and the specified date
Requires a relation between identifiable temporal intervals
The commencement is specified as July 1, 2006
Commencement is prohibited unless the condition is met
Classifies the legal effect as a prohibition
The text specifies a condition for commencement
Information about the commencement is disseminated under certain conditions
Applies to the dissemination of information
A sequence of events can be traced to the commencement date
The commencement date is specified as July 1, 2006
The Prime Minister may issue general directions to Agency Heads.
21(1) Prime Minister’s directions to Agency Heads
A direction issued under subsection (1) is a legislative instrument.
21(2) Prime Minister’s directions to Agency Heads
22 Engagement of APS employees
Agency Head may engage persons as employees on behalf of the Commonwealth.
22(1) Engagement of APS employees
Permission to engage persons as employees
APS employee engagement must be specified
22(2) Engagement of APS employees
23 Classification Rules
23 Aug
The Commissioner may make rules about classifications of APS employees.
23(1) Classification Rules
Classification Rules may adopt or incorporate provisions of modern awards or transitional APCS.
23(2) Classification Rules
Agency Heads must comply with Classification Rules.
23(3) Classification Rules
Agency Heads must comply with the Classification Rules.
(3) Agency Heads must comply with the Classification Rules.
Cannot reduce classification without consent in certain circumstances.
23(4) Classification Rules
APS employee cannot be reduced in classification without consent
Cannot reduce classification without consent
Agency Head has authority to reduce classification
Procedures must be followed for classification reduction to take effect.
23(5) Classification Rules
Defines industrial instrument for classification purposes
23(6) Classification Rules
Establishes the definition of industrial instrument for classification purposes
Identifies a modern award, enterprise agreement, workplace determination, WR Act transitional instrument, or transitional APCS as an industrial instrument
24 Terms and conditions of employment
Conditional commencement of Statute Law Revision Act 2002
24 Nov
Determine terms and conditions of employment for APS employees.
24(1) Terms and conditions of employment
Reduction of benefits under certain conditions is not allowed.
24(1A) Terms and conditions of employment
Reduction of benefits under certain conditions overlaps with other applicable terms and conditions.
(1A) A determination under subsection (1) is of no effect to the extent that it would reduce the benefit to an APS employee...
The system recognizes reduction of benefits under certain conditions as a prohibited action.
Prohibits reduction of benefits under certain conditions.
Reduction of benefits under certain conditions diffuses to other applicable terms and conditions.
Reduction of benefits under certain conditions is a recurring issue.
Determination under subsection (1) may apply, adopt or incorporate provisions of WR Act collective transitional instrument.
24(2) Terms and conditions of employment
The Public Service Minister may determine terms and conditions of employment for APS employees under exceptional circumstances.
24(3) Terms and conditions of employment
Exempts determinations under subsection (3) from the limitation in subsection (1A)
24(4) Terms and conditions of employment
Overrules certain determinations and standards in case of inconsistency.
24(5) Terms and conditions of employment
Agency Head determines APS employee duties and performance locations.
25 Assignment of duties
25 June
25 July
26 Voluntary moves between Agencies
26 Aug
Agency Head may enter into agreement with APS employee for transfer.
26(1) Voluntary moves between Agencies
Agency Head has obligation to enter into agreement.
Agreement has effect according to its terms by force of this section.
26(2) Voluntary moves between Agencies
the agreement has effect according to its terms by force of this section.
Describes the temporal relationship between the Commissioner's Directions and the agreement.
(2) Subject to Commissioner’s Directions issued under subsection 11A(1),
Describes the logical relationship between the Commissioner's Directions and the agreement.
Describes the cognitive process involved in understanding the obligation.
Describes the spread of the obligation from the Commissioner to others.
27 Compulsory moves between Agencies
Remuneration and Other Legislation Amendment Act 2011
27 June
Consequential and transitional provisions
27 May
Defines the commencement date of the Act
A public governance, performance and accountability act
Classifies the Act as a legal instrument
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014
Applicable to public governance, performance and accountability matters
Defines the scope of the Act's application
Defines the relationship between the Act and other laws
Defines the structure of the Act's provisions
The Commissioner may move an excess APS employee to another Agency without consent.
27(1) Compulsory moves between Agencies
An APS employee is considered excess if notified by the Agency Head.
27(2) Compulsory moves between Agencies
Regulations may make provision for suspension from duties of APS employees.
28 Suspension
Financial Framework Legislation Amendment Act 2008
29 Termination of employment
Conditional commencement of Public Service Amendment Act 2024
29 June
Agency Head can terminate APS employee's employment by notice in writing.
29(1) Termination of employment
Agency Head has the power to terminate employment.
Notice specifying grounds for termination
Employee must specify grounds for termination
29(2) Termination of employment
29(3) Termination of employment
Termination can occur at any time during employment
(3) For an ongoing APS employee, the following are the only grounds for termination:
Grounds for termination are limited to those listed
Employee can only be terminated for specified reasons
(a) the employee is excess to the requirements of the Agency;
Termination implies loss of employment rights
Grounds for termination of non-ongoing APS employees' employment
29(4) Termination of employment
No implication that limits grounds for termination of employment.
29(5) Termination of employment
3 Objects of this Act
3 July 2002
30 Retirement
30 June
Employee entitled to retire upon notice.
30(1) Retirement
Minimum retiring age is 55 years, subject to regulation.
30(2) Retirement
31 Forfeiture of additional remuneration
Notice required for non-Commonwealth remuneration
31(1) Forfeiture of additional remuneration
Employee must return additional remuneration to the Commonwealth.
31(2) Forfeiture of additional remuneration
Prohibits employee from retaining additional remuneration.
Agency Minister may give notice to Agency Head regarding non-Commonwealth remuneration.
31(3) Forfeiture of additional remuneration
Notified amount for forfeiture of additional remuneration
31(4) Forfeiture of additional remuneration
32 Right of return for election candidates
32(1) Right of return for election candidates
Entitlement to re-engagement as APS employee
32(2) Right of return for election candidates
(2) The person is entitled to be again engaged as an APS employee...
33 Review of actions
33(1) Review of actions
APS employee has right to review APS actions
Entitlement to review may be denied if application is frivolous or vexatious.
33(2) Review of actions
Regulations may provide for powers of other persons or bodies during reviews.
33(3) Review of actions
Describes the power granted by the regulation
Regulations must provide for an initial review to be conducted within the responsible Agency.
33(4) Review of actions
May make recommendations in a report on the review
33(5) Review of actions
Must report to Agency Minister and Prime Minister if not satisfied with response to recommendations.
33(6) Review of actions
34 SES employees
35 Constitution and role of SES
The Senior Executive Service consists of SES employees.
35(1) Constitution and role of SES
The employee is part of the SES during their employment.
Establishes temporal relationship between SES and its employees
(1) The Senior Executive Service consists of the SES employees.
The employee is part of the SES because they are SES employees.
Establishes logical connection between SES and its employees
Indicates that all SES employees are part of the SES
SES must provide APS-wide strategic leadership of the highest quality.
35(2) Constitution and role of SES
The SES must provide APS-wide strategic leadership.
Obligation to provide strategic leadership
Effective and cohesive APS is implied by strategic leadership.
Strategic leadership implies effective and cohesive APS
(i) professional or specialist expertise; (ii) policy advice; (iii) program or service delivery; (iv) regulatory administration
Provides expertise and promotes cooperation
35(3) Constitution and role of SES
Temporal relationship between provision and promotion
(i) professional or specialist expertise;
(b) promotes cooperation within and between Agencies,
(c) by personal example and other appropriate means, promotes the APS Values, the APS Employment Principles and compliance with the Code of Conduct.
(a) provides one or more of the following at a high level:
Classifies SES employee's responsibility
Agency Head must provide written notice of retirement payment to SES employee.
37 Incentive to retire
Agency Head has an obligation to provide notice.
Commissioner's certificate required for termination of SES employee
38 Commissioner’s certificate required for termination of SES
39 Heads of Mission
Appointment of Head of Mission requires APS employee status.
39(1) Heads of Mission
The appointment takes effect during the period when the person is an APS employee.
(1) The appointment of a Head of Mission by the Governor-General cannot take effect unless the person is an APS employee.
The person must be an APS employee to be appointed as Head of Mission.
The appointment cannot take effect unless the person is an APS employee.
The appointment implies that the person must be an APS employee.
The appointment takes effect until the period when the person ceases to be an APS employee.
Agency Head must comply with direction from Agency Minister.
39(2) Heads of Mission
Exempts APS Employment Principles from applying to giving or carrying out a direction referred to in subsection (2).
39(3) Heads of Mission
The exemption overlaps with the prohibition on giving or carrying out a direction.
(3) The APS Employment Principles do not apply to giving, or carrying out, a direction referred to in subsection (2).
Classifies the exemption as a prohibition.
Prohibits giving or carrying out a direction referred to in subsection (2).
The Act binds the Crown in right of the Commonwealth.
4 This Act binds the Crown
40 Australian Public Service Commissioner
There is an Australian Public Service Commissioner.
40(1) Australian Public Service Commissioner
Existence of the Australian Public Service Commissioner.
(1) There is to be an Australian Public Service Commissioner.
Identity of the Australian Public Service Commissioner.
Attribution of the Australian Public Service Commissioner.
Staff necessary for the Commissioner must be persons engaged under this Act.
40(2) Australian Public Service Commissioner
Establishes a Statutory Agency with the Commissioner as its Head.
40(3) Australian Public Service Commissioner
The Commissioner and the APS employees assisting the Commissioner are together with each other.
Establishes a temporal relationship between the Commissioner and APS employees
(a) the Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency;
The Commissioner being the Head of the Statutory Agency implies the existence of the Statutory Agency.
Establishes a logical implication between the Statutory Agency and its Head
(b) the Commissioner is the Head of that Statutory Agency;
The Commissioner and the APS employees assisting the Commissioner together constitute a Statutory Agency.
The Commissioner is the Head of that Statutory Agency.
Establishes the Commissioner as Head of the Statutory Agency
The Statutory Agency is constituted by the Commissioner and the APS employees assisting the Commissioner.
Establishes a diffusion relationship between the Statutory Agency and its constituent parts
The Commissioner may engage consultants.
40(4) Australian Public Service Commissioner
41 Commissioner’s functions
Commissioner's functions include strengthening professionalism and upholding integrity.
41(1) Commissioner’s functions
Commissioner's functions include fostering leadership, providing advice on reforms, and promoting APS Values.
41(2) Commissioner’s functions
Commissioner has obligations to foster leadership and promote APS Values.
41A Inquiry into alleged breach of Code of Conduct by Agency
Commissioner may inquire into alleged breach of Code of Conduct by Agency Head.
41A(1) Inquiry into alleged breach of Code of Conduct by Agency
Establish written procedures for inquiring into alleged breach of Code of Conduct by Agency
41A(1A) Inquiry into alleged breach of Code of Conduct by Agency
Agency Heads must comply with the Code of Conduct.
41A(1B) Inquiry into alleged breach of Code of Conduct by Agency
Commissioner must make procedures publicly available.
41A(1C) Inquiry into alleged breach of Code of Conduct by Agency
Report on results of inquiry into alleged breach of Code of Conduct by Agency
41A(1D) Inquiry into alleged breach of Code of Conduct by Agency
Report results of inquiry and determination to specified authorities.
41A(2) Inquiry into alleged breach of Code of Conduct by Agency
Must report results of inquiry and determination.
Commissioner may decline inquiry under certain circumstances.
41A(3) Inquiry into alleged breach of Code of Conduct by Agency
41B Inquiry into alleged breach of Code of Conduct by APS
Commissioner must inquire into alleged breach of Code of Conduct upon request from Agency Head or Prime Minister.
41B(1) Inquiry into alleged breach of Code of Conduct by APS
Obligation to inquire into alleged breach of Code of Conduct.
Request for inquiry into alleged breach of Code of Conduct
41B(2) Inquiry into alleged breach of Code of Conduct by APS
Establish written procedures for inquiring into alleged breach of Code of Conduct by APS employees.
41B(3) Inquiry into alleged breach of Code of Conduct by APS
Procedures for inquiry into alleged breach of Code of Conduct may differ based on categories or circumstances.
41B(4) Inquiry into alleged breach of Code of Conduct by APS
Overlaps with procedures for inquiry into alleged breach of Code of Conduct.
(4) In addition, and without affecting subsection (3), the procedures...
Differentiates procedures for inquiry into alleged breach of Code of Conduct based on categories or circumstances.
(a) different categories of APS employees or former APS employees; or (b) APS employees, or former APS employees, who...
Differentiates procedures for inquiry into alleged breach of Code of Conduct based on circumstances.
(b) APS employees, or former APS employees, who: (i) have been convicted of an offence against a Commonwealth, State or Territory law...
Applies to APS employees and former APS employees.
(a) different categories of APS employees or former APS employees; or (b) APS employees, or former APS employees,...
Ensure public availability of procedures
41B(5) Inquiry into alleged breach of Code of Conduct by APS
Commissioner has powers under subsection (3)
41B(6) Inquiry into alleged breach of Code of Conduct by APS
Commissioner may exercise powers to determine breach of Code of Conduct.
41B(7) Inquiry into alleged breach of Code of Conduct by APS
Report inquiry results to Agency Head and Prime Minister
41B(8) Inquiry into alleged breach of Code of Conduct by APS
Commissioner must recommend sanctions if breach of Code of Conduct is found.
41B(9) Inquiry into alleged breach of Code of Conduct by APS
Commissioner finds breach of Code of Conduct
41C Systems reviews
The Prime Minister may direct the Commissioner to conduct a systems review.
41C(1) Systems reviews
Request for direction from Prime Minister
41C(2) Systems reviews
The Secretary of a Department may request the Prime Minister to make a direction.
41C(3) Systems reviews
Report must be given to specified individuals
41C(4) Systems reviews
Direction in writing is not a legislative instrument.
41C(5) Systems reviews
Prohibits direction in writing being a legislative instrument.
41D Special reviews
The Prime Minister may direct the Commissioner to conduct a special review.
41D(1) Special reviews
Temporal relationship between review and Agency
(1) The Prime Minister may direct the Commissioner to conduct a review (a special review) of:
Commissioner must report to Prime Minister and Agency Ministers.
41D(2) Special reviews
Legislative instrument is not a written direction.
41D(3) Special reviews
Direction in writing is not legislative instrument.
(3) If a direction under subsection (1) is given in writing, the direction is not a legislative instrument.
42 Commissioner’s Directions
Commissioner cannot create offences or impose penalties.
42(1) Commissioner’s Directions
Agency Heads and APS employees must comply with Commissioner’s Directions.
42(2) Commissioner’s Directions
Commissioner's Directions may adopt or incorporate Classification Rules or Prime Minister directions.
42(3) Commissioner’s Directions
Commissioner's Directions are legislative instruments.
42(4) Commissioner’s Directions
43 Commissioner’s inquiry powers
Commissioner has power to conduct inquiries
44 State of the Service report
44(1) State of the Service report
Agency Head must provide information to Commissioner.
44(2) State of the Service report
Lay a copy of the report before each House of Parliament by 30 November after the financial year.
44(3) State of the Service report
Must provide a copy of the report before each House of Parliament.
44A Capability reviews
Commissioner may cause a capability review of an Agency at any time.
44A(1) Capability reviews
Commissioner may cause a capability review.
Commissioner must undertake capability reviews of certain agencies at least once every 5 years.
44A(2) Capability reviews
Obligation to undertake capability reviews
The Secretary of the Prime Minister's Department must undertake a capability review every 5 years.
44A(3) Capability reviews
Obligation to undertake a capability review
Notification, appointment of reviewers, consultation with Minister
Notify Agency Head, appoint persons for review, and consult Minister.
44A(4) Capability reviews
44B Action plans
Agency must prepare and publish action plan within 90 days after report is given.
44B(1) Action plans
Action plan is about Agency Head's response to report findings
Authorise Agency Head to remove material from action plan or exempt publishing
44B(2) Action plans
Material removed within specified time frame
Specify temporal interval for removal of material
(2) person who caused capability review may authorise Agency Head to remove material within a specified time frame
Agency Head permitted to remove material or exempt publishing
(2) person who caused capability review may authorise Agency Head
Agency Head exempted from publishing action plan
Grant exemption from publishing action plan
(2) person who caused capability review may exempt Agency Head
Information diffused about removal of material
Diffuse information about removal of material
(2) person who caused capability review may authorise Agency Head to diffuse information about removal of material
Specify recurring trace for removal of material
(2) person who caused capability review may authorise Agency Head to remove material on a recurring basis
The Commissioner is appointed by the Governor-General.
45 Appointment of Commissioner
The Commissioner's appointment is for a maximum of 5 years.
Specifies the duration of the Commissioner's appointment.
for a period of up to 5 years specified in the instrument of appointment.
The Governor-General has the power to appoint the Commissioner.
The Commissioner is to be appointed by the Governor-General on a full-time basis for a period of up to 5 years specified in the instrument of appointment.
Describes the basis of the Commissioner's appointment.
46 Remuneration and other terms and conditions of appointment
Commissioner must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
46(1) Remuneration and other terms and conditions of appointment
Commissioner must be paid prescribed allowances.
46(2) Remuneration and other terms and conditions of appointment
Subject to the Remuneration Tribunal Act 1973.
46(3) Remuneration and other terms and conditions of appointment
have effect subject to the Remuneration Tribunal Act 1973.
During the period of leave, subsections (1) and (2) have effect
Subsections (1) and (2) are in force during the period of leave
Commissioner has recreation leave entitlements determined by the Remuneration Tribunal.
46(4) Remuneration and other terms and conditions of appointment
Commissioner has a duty to provide recreation leave entitlements.
Grant leave of absence on terms and conditions determined by the Agency Minister.
46(5) Remuneration and other terms and conditions of appointment
The Commissioner holds office on terms and conditions determined by the Agency Minister.
46(6) Remuneration and other terms and conditions of appointment
47 Removal from office
Governor-General has obligation to remove Commissioner from office under certain conditions.
47(1) Removal from office
Governor-General has obligation to remove Commissioner from office.
Removal from office if bankruptcy or insolvency
47(2) Removal from office
...if the Commissioner does any of the following:
Temporal interval for bankruptcy or insolvency
(2) The Governor-General must remove the Commissioner from office...
Knowledge representation of grounds for removal from office
Prohibition of removal from office due to bankruptcy or insolvency
...(b) applies to take the benefit of any law...
Diffusion of grounds for removal from office
Recurring trace for removal from office due to bankruptcy or insolvency
The Agency Minister may appoint a person to act as Commissioner.
48 Acting Commissioner
48A Appointment of Special Commissioners
Governor-General appoints Special Commissioners on Prime Minister's recommendation.
48A(1) Appointment of Special Commissioners
Consultation requirement for Special Commissioner appointments
48A(2) Appointment of Special Commissioners
Special Commissioner may be appointed on a full-time or part-time basis.
48A(3) Appointment of Special Commissioners
Permission to appoint Special Commissioner
Special Commissioner holds office for a specified period.
48A(4) Appointment of Special Commissioners
48B Remuneration and other terms and conditions of appointment
Special Commissioner must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
48B(1) Remuneration and other terms and conditions of appointment
Special Commissioner must be paid prescribed allowances.
48B(2) Remuneration and other terms and conditions of appointment
Remuneration and other terms and conditions of appointment have effect subject to the Remuneration Tribunal Act 1973.
48B(3) Remuneration and other terms and conditions of appointment
48C Termination of appointment
The Governor-General may terminate the appointment of a Special Commissioner.
48C(1) Termination of appointment
Consultation requirement before terminating appointment of Special Commissioner
48C(2) Termination of appointment
Consultation must occur before or at the same time as termination
Temporal overlap between consultation and termination
Prime Minister must consult Commissioner before terminating appointment
49 Merit Protection Commissioner
There must be a Merit Protection Commissioner.
49(1) Merit Protection Commissioner
Staff must be persons engaged under this Act.
49(2) Merit Protection Commissioner
The Merit Protection Commissioner may engage consultants.
49(3) Merit Protection Commissioner
5 This Act extends to things outside Australia
5 Dec 1999 (s 2(1) and
Public Governance and Resources Legislation Amendment Act (No. 1) 92, 2017
Act extends to acts, omissions, matters and things outside Australia
5(1) This Act extends to things outside Australia
The Act includes temporal intervals outside Australia
(1) This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears)
The Act applies to acts, omissions, matters and things outside Australia
(1) This Act extends to acts, omissions, matters and things outside Australia
This Act extends to all the Territories.
5(2) This Act extends to things outside Australia
(2) This Act extends to all the Territories.
Merit Protection Commissioner's functions
50 Merit Protection Commissioner’s functions
50A Inquiry into alleged breach of Code of Conduct by APS
The Merit Protection Commissioner may inquire into alleged breach of Code of Conduct by APS employees.
50A(1) Inquiry into alleged breach of Code of Conduct by APS
Permission to inquire into alleged breach
APS employee must comply with written procedures for inquiring into breach of Code of Conduct.
50A(2) Inquiry into alleged breach of Code of Conduct by APS
Procedures for inquiry into alleged breach of Code of Conduct may differ based on categories or convictions.
50A(3) Inquiry into alleged breach of Code of Conduct by APS
Identifies temporal intervals for inquiry into alleged breach of Code of Conduct.
(i) have been convicted of an offence against a Commonwealth, State or Territory law...
Differentiates procedures for inquiry into alleged breach of Code of Conduct based on categories or convictions.
Differentiates procedures for inquiry into alleged breach of Code of Conduct based on convictions.
Differentiates procedures for inquiry into alleged breach of Code of Conduct based on categories.
(a) different categories of APS employees or former APS employees; or (b) APS employees, or former APS employees...
Identifies temporal relationship between inquiry into alleged breach of Code of Conduct and convictions.
50A(4) Inquiry into alleged breach of Code of Conduct by APS
Obligation to make procedures publicly available
Procedures established under subsection (2) must not be legislative instruments.
50A(5) Inquiry into alleged breach of Code of Conduct by APS
Prohibition on procedures being legislative instruments.
51 Annual report
Annual report requirement for Merit Protection Commissioner
51(1) Annual report
Annual report must be included in the Australian Public Service Commissioner’s annual report.
51(3) Annual report
Appointment of Merit Protection Commissioner
52 Appointment of Merit Protection Commissioner
53 Remuneration and other terms and conditions of appointment
Merit Protection Commissioner must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
53(1) Remuneration and other terms and conditions of appointment
The Merit Protection Commissioner must be paid allowances prescribed by regulations.
53(2) Remuneration and other terms and conditions of appointment
53(3) Remuneration and other terms and conditions of appointment
The Merit Protection Commissioner has recreation leave entitlements determined by the Remuneration Tribunal.
53(4) Remuneration and other terms and conditions of appointment
The Merit Protection Commissioner has a duty to receive recreation leave entitlements.
Grant leave of absence on terms and conditions determined by the Public Service Minister.
53(5) Remuneration and other terms and conditions of appointment
Holds office on the terms and conditions specified
53(6) Remuneration and other terms and conditions of appointment
54 Removal from office
The Governor-General may remove the Merit Protection Commissioner from office.
54(1) Removal from office
Removal of Merit Protection Commissioner from office if bankruptcy or insolvency occurs.
54(2) Removal from office
...the Merit Protection Commissioner from office if...
Temporal interval for removal from office.
...the Merit Protection Commissioner does any of the following:
Prohibition of actions leading to bankruptcy or insolvency.
(2) The Governor-General must remove the Merit Protection Commissioner from office if...
Appoint acting Merit Protection Commissioner under certain circumstances.
55 Acting Merit Protection Commissioner
Public Service Minister has the power to appoint.
56 Creation of offices of Secretary
56(1) Creation of offices of Secretary
Creates an obligation to establish the office
Abolition of office upon Department abolition
56(2) Creation of offices of Secretary
Requires temporal relation between Department abolition and office abolition
56(3) Creation of offices of Secretary
The name of the office of Secretary of a Department is “Secretary of the [name of Department]”.
56(4) Creation of offices of Secretary
57 Roles and responsibilities of Secretaries
Roles and responsibilities of Secretaries
57(1) Roles and responsibilities of Secretaries
Responsibilities of Secretary of a Department
57(2) Roles and responsibilities of Secretaries
58 Appointment
The Governor-General must appoint a Secretary of a Department by written instrument on the recommendation of the Prime Minister.
58(1) Appointment
The Governor-General must appoint a Secretary of a Department.
The Secretary of a Department holds office for the period specified in the instrument of appointment.
58(2) Appointment
Minimum appointment period for Secretary of a Department
58(3) Appointment
The appointment period is a fixed duration interval of 5 years.
(a) 5 years; or (b) if the person has requested a shorter period—that shorter period.
The appointment period must be at least 5 years.
58(4) Appointment
The Secretary of a Department must hold office on a full-time basis.
58(5) Appointment
The Prime Minister must receive a report before recommending an appointment.
58(6) Appointment
The Prime Minister must receive a report.
58(7) Appointment
The report must be prepared after consultation with the Commissioner and the person expected to be the Agency Minister.
58(8) Appointment
The report must be prepared after the consultation starts.
The consultation must start before the appointment is made.
The person who is expected to be the Agency Minister must be consulted before the appointment is made.
The report is a cogent and coherent piece of information.
The report is a type of artificial intelligence output.
The report from the Secretary of the Prime Minister’s Department is generated by an AI system.
The Secretary of the Prime Minister’s Department is required to prepare a report.
The report is part of the diffusion of information about the appointment process.
The report is related to the appointment process.
The report from the Secretary of the Prime Minister’s Department is about the appointment of the Secretary of another Department.
The report must be prepared after the consultation starts, but there is no specific deadline.
The report can be prepared at any time after the consultation starts.
59 Termination of appointment
Governor-General may terminate Secretary's appointment
59(1) Termination of appointment
The Prime Minister must receive a report from the Commissioner before recommending to the Governor-General that the appointment be terminated.
59(2) Termination of appointment
The Prime Minister must receive a report from the Commissioner.
Prime Minister must receive report before terminating appointment
59(3) Termination of appointment
Explanation of substance of disagreement if Secretary and Commissioner disagree on proposed termination.
Secretary of the Prime Minister's Department must prepare report after consultation with Commissioner.
59(4) Termination of appointment
6 Engagement of employees in Department or Executive Agency
6 Apr 2006
All persons engaged on behalf of the Commonwealth must be engaged under this Act or another Act.
6(1) Engagement of employees in Department or Executive Agency
Obligation to engage under this Act or another Act.
Exemption for persons engaged on an honorary basis.
6(2) Engagement of employees in Department or Executive Agency
(2) Subsection (1) does not apply to persons engaged on an honorary basis.
Agency Head has power to engage persons as independent contractors despite this section.
6(3) Engagement of employees in Department or Executive Agency
Agency Head's power to engage persons as independent contractors overlaps with this section.
(3) This section does not, by implication, affect any power that an Agency Head might otherwise have to engage persons as independent contractors.
Agency Head has obligation to engage persons as independent contractors despite this section.
Agency Head has obligation to engage persons as independent contractors.
This section permits Agency Head to engage persons as independent contractors despite its obligation.
Agency Head's power to engage persons as independent contractors repeats this section.
Former Secretary may be engaged to perform specified duties
60 Engagement of former Secretaries
61 Remuneration and other terms and conditions of appointment
Remuneration of a Secretary is as provided by Division 4 of Part II of the Remuneration Tribunal Act 1973.
61(1) Remuneration and other terms and conditions of appointment
Remuneration and other terms and conditions of appointment determined by the Remuneration Tribunal.
61(2) Remuneration and other terms and conditions of appointment
Temporal relationship between appointment and remuneration determination
Obligation to provide remuneration and terms
Annual performance review must be carried out
61A Annual performance review
Appoint acting Secretary under certain circumstances.
62 Acting Secretary
64 Secretaries Board
64(1) Secretaries Board
64(2) Secretaries Board
Secretaries Board has various functions.
64(3) Secretaries Board
The Secretaries Board may establish senior leadership groups.
64(4) Secretaries Board
Establishment of senior leadership groups is permitted.
64A Long-term insights reports
The Secretaries Board may cause long-term insights reports to be prepared.
64A(1) Long-term insights reports
The Secretaries Board has the obligation to cause long-term insights reports.
Must provide information about trends, risks, and opportunities.
64A(2) Long-term insights reports
Public consultation must be provided for long-term insights reports.
64A(3) Long-term insights reports
Obligation to provide public consultation.
Must provide long-term insights report to Public Service Minister
64A(3A) Long-term insights reports
Must provide a copy of long-term insights report to each House within 15 sitting days.
64A(3B) Long-term insights reports
Obligation to provide a copy of the report.
Publish long-term insights report on Agency website and elsewhere if appropriate.
64A(4) Long-term insights reports
Must publish report on Agency website and elsewhere.
An Agency must assist in the preparation of a long-term insights report.
64A(5) Long-term insights reports
The Secretaries Board must prepare at least one long-term insights report each financial year.
64A(6) Long-term insights reports
Reports must be prepared within a financial year
Must prepare a long-term insights report
65 Establishment etc. of Executive Agencies
Governor-General's authority to establish, abolish, allocate names, identify ministers, and specify functions of Executive Agencies.
65(1) Establishment etc. of Executive Agencies
65(2) Establishment etc. of Executive Agencies
Establishment of office of Head of Executive Agency
65(3) Establishment etc. of Executive Agencies
Abolition of Head of Agency office upon abolition of Executive Agency
65(4) Establishment etc. of Executive Agencies
Imposes a duty on the State to abolish the office upon abolition of the Executive Agency
66 Responsibilities of Heads of Executive Agencies
Head of an Executive Agency is responsible for managing the Agency.
66(1) Responsibilities of Heads of Executive Agencies
Head of an Executive Agency has a responsibility to manage the Agency.
Provide factual information to Parliament on agency operation and administration.
66(2) Responsibilities of Heads of Executive Agencies
Accountability to government, Parliament, and public
66(3) Responsibilities of Heads of Executive Agencies
67 Appointment etc. of Head
Agency Minister may appoint Head of Agency for up to 5 years.
67(1) Appointment etc. of Head
The Agency Minister must receive a report from a relevant Secretary before making an appointment.
67(2) Appointment etc. of Head
The Agency Minister must perform the action.
Termination of appointment by notice in writing
67(3) Appointment etc. of Head
The appointment can be terminated at any time within a specific interval.
Defines the temporal interval for termination
(3) The Agency Minister may, by notice in writing...
This is a prohibition on terminating appointments without notice.
Classifies the provision as a prohibition using AI
The appointment cannot be terminated without notice.
The termination of appointments without notice is diffused to all relevant parties.
Diffuses the provision to all relevant parties
Minister must receive report before terminating appointment.
67(4) Appointment etc. of Head
Agency Minister must terminate appointment before receiving report
67(5) Appointment etc. of Head
that is administered by the same Minister who is the Agency Minister of the Executive Agency
relevant Secretary means the Secretary of any Department
68 Remuneration and other terms and conditions of appointment
Head of Executive Agency must be paid remuneration determined by Remuneration Tribunal or prescribed by regulations.
68(1) Remuneration and other terms and conditions of appointment
Head of an Executive Agency must be paid prescribed allowances.
68(2) Remuneration and other terms and conditions of appointment
May appoint a person to act as Head of the Agency under certain circumstances.
69 Acting Head
Definitions for SES employee, Agency, and APS employee.
7 Interpretation
Conditional commencement of Australian Trade Commission Legislation Amendment Act 2006
SES employee is a non-SES employee acting in a position usually occupied by an SES employee.
Agency is a Department, Executive Agency, or Statutory Agency.
APS employee is a person engaged under section 22 or section 72.
71 Arrangements with States and Territories
Arrange with State for APS employee to perform services as APS employee or for State employee to perform services in Agency.
71(1) Arrangements with States and Territories
Temporal interval for arrangement with State.
71(2) Arrangements with States and Territories
72 Machinery of government changes
Commissioner may make administrative re-arrangements without consent.
72(1) Machinery of government changes
A determination by the Commissioner has effect according to its terms.
72(2) Machinery of government changes
The Commissioner made the determination.
72A Protection of information—Commissioner’s functions etc.
Prohibition on disclosure or other use of protected information
72A(1) Protection of information—Commissioner’s functions etc.
disclosure or use of protected information
Forbids disclosure or use of protected information
Defines protected information as sensitive data
No disclosure of protected information without authorization.
72A(2) Protection of information—Commissioner’s functions etc.
Authorized disclosure of protected information by the Commissioner.
72A(3) Protection of information—Commissioner’s functions etc.
Commissioner may disclose protected information.
Commissioner has a duty to disclose protected information.
Authorized disclosure is permitted but not required.
Commissioner has discretion to disclose protected information.
Disclosure of protected information under certain conditions.
72A(4) Protection of information—Commissioner’s functions etc.
Permission to disclose protected information
72A(5) Protection of information—Commissioner’s functions etc.
Permission to disclose protected information.
the disclosure is in the interests of an Agency or a person; or
Must not disclose individual's name or protected information without fair and reasonable justification.
72A(6) Protection of information—Commissioner’s functions etc.
Prohibits disclosure of protected information without fair and reasonable justification.
No one can compel an entrusted person in court proceedings.
72A(7) Protection of information—Commissioner’s functions etc.
Not being an entrusted person means no one can compel.
Compellability is implied by not being an entrusted person.
Being an entrusted person implies compellability.
Court proceedings with federal jurisdiction imply compellability.
Compellability is implied by federal jurisdiction.
Federal jurisdiction implies compellability.
72B Protection of information—Merit Protection Commissioner’s
72B(1) Protection of information—Merit Protection Commissioner’s
prohibited from disclosing or using protected information
Prohibits the disclosure or other use of protected information
entrusted person means any of the following:
entrusted persons must protect information
Imposes a duty on entrusted persons to protect information
unauthorized parties are prohibited from disclosing or using protected information
Prohibits disclosure or use by unauthorized parties
prohibited on disclosure or other use of protected information
State has a right to protect information
Creates a right in the State to protect information
information obtained by an entrusted person is protected
Defines the scope of protected information
protected information means information that was obtained by an entrusted person in connection with the performance of functions or duties, or the exercise of powers, under:
Prohibition on making a record of, disclosing or using protected information
72B(2) Protection of information—Merit Protection Commissioner’s
Authorized disclosure of protected information by the Merit Protection Commissioner
72B(3) Protection of information—Merit Protection Commissioner’s
There is an obligation to disclose protected information.
Obligation on disclosure of protected information
The Merit Protection Commissioner is authorized to disclose protected information.
There is an obligation to use protected information.
Obligation on use of protected information
The Merit Protection Commissioner may use protected information for the purposes of, or in connection with, the performance of functions or duties.
There is an obligation to keep records of protected information.
An entrusted person may make a record of, disclose or otherwise use protected information.
There are limits to authorized disclosure.
The Merit Protection Commissioner may disclose protected information for the purposes of, or in connection with, the performance of functions or duties.
Disclosure of protected information for report purposes
72B(4) Protection of information—Merit Protection Commissioner’s
72B(5) Protection of information—Merit Protection Commissioner’s
72C Giving information or producing documents to Commissioner
Provide information or document to Commissioner upon request.
72C(1) Giving information or producing documents to Commissioner
Must provide specified information or documents to Commissioner.
72C(2) Giving information or producing documents to Commissioner
Obligation to provide information or documents.
Must provide information or document to Commissioner.
72C(3) Giving information or producing documents to Commissioner
72D Giving information or producing documents to Merit
Must provide information or document to Merit Protection Commissioner upon request.
72D(1) Giving information or producing documents to Merit
The person must provide the information or document.
The Merit Protection Commissioner requests a person to give information or produce a document.
A person reasonably believes that information or a document is relevant for purposes connected with the performance of functions or duties, or the exercise of powers.
The person believes the information is relevant.
The Merit Protection Commissioner requests a person to give information or produce a document for purposes connected with the performance of functions or duties, or the exercise of powers.
Must provide information or documents to Merit
72D(2) Giving information or producing documents to Merit
Giving information or producing documents to Merit is prohibited if it contravenes any other law.
72D(3) Giving information or producing documents to Merit
Authorises use or disclosure of personal information in specific circumstances.
72E Release of personal information
73 Payments in special circumstances
Authorization for payments under special circumstances
73(1) Payments in special circumstances
(1) The Public Service Minister may authorise the making of payments...
Authorisation for payments in special circumstances
73(2) Payments in special circumstances
a period specified in the authorisation (or worked out in accordance with)
the making of any of the following payments:
(2) The Public Service Minister may authorise
Payments may be authorised under this section even though payments would not otherwise be authorised by law or required to meet a legal liability.
73(3) Payments in special circumstances
No authorisation can be made under this section if it would involve a total amount exceeding the prescribed amount.
73(4) Payments in special circumstances
No authorisation can be made under this section.
73(5) Payments in special circumstances
74 Locally engaged employees
Agency Head may engage persons overseas as employees.
74(1) Locally engaged employees
Agency Head has rights and duties of an employer regarding locally engaged employees.
74(2) Locally engaged employees
Agency Head has powers during employment.
(2) Subject to this Act, an Agency Head...
Agency Head not subject to direction by Minister in relation to exercise of powers under section.
74(3) Locally engaged employees
An Agency Head's autonomy from Ministerial direction overlaps with their exercise of powers under this section.
Agency Head's autonomy from Ministerial direction overlaps with exercise of powers under section.
(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...
CogAI recognizes an Agency Head's autonomy from Ministerial direction.
Agency Head's autonomy from Ministerial direction is recognized by CogAI.
An Agency Head is not subject to direction by a Minister.
Agency Head's autonomy from Ministerial direction.
An Agency Head's autonomy from Ministerial direction diffuses to other individuals exercising powers under this section.
Agency Head's autonomy from Ministerial direction diffuses to other individuals.
An Agency Head is subject to direction by a Minister if they are exercising powers under this section.
Agency Head's autonomy from Ministerial direction is negated.
No implication that limits other power to engage persons overseas
74(4) Locally engaged employees
75 Attachment of salaries to satisfy judgment debts
Regulations may provide for deductions from salary to satisfy judgment debts.
75(1) Attachment of salaries to satisfy judgment debts
Interest on a judgment debt is included in the definition of a judgment debt.
75(2) Attachment of salaries to satisfy judgment debts
77 Positions
An Agency Head may create positions in the Agency.
77(1) Positions
May nominate APS employees to occupy positions in the Agency.
77(2) Positions
A provision of any Act applies to APS employees nominated under this section.
77(3) Positions
78 Delegations
78(1) Delegations
78(10) Delegations
78(11) Delegations
Comply with any directions of the person who delegated the power or function.
(11) A person exercising powers or functions under a delegation...
Defines terms for senior and former senior officials.
78(12) Delegations
Delegation of powers or functions to another Minister
78(2) Delegations
Delegation of powers or functions to a senior official.
78(3) Delegations
(3) The Public Service Minister may, in writing...
Agency Minister may delegate powers or functions to senior official
78(4) Delegations
Commissioner may delegate powers or functions to senior official
78(5) Delegations
Commissioner may delegate powers to a former senior official
78(5A) Delegations
Permission to delegate granted by the Commissioner
Commissioner has power or function under paragraph 41(2)
has power or function under paragraph 41(2)
Delegation of powers or functions to APS employees
78(6) Delegations
Agency Head may delegate powers or functions to another person in writing.
78(7) Delegations
Prior written consent required for delegation of powers or functions to an outsider.
78(8) Delegations
Agency Head has an obligation to obtain prior written consent for delegation.
Delegation is a class of actions that require prior written consent.
A person delegated powers or functions must give corresponding directions to the second delegate.
78(9) Delegations
The first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection.
If the first delegate is subject to directions, then the second delegate must receive corresponding directions.
The first delegate must give corresponding directions to the second delegate.
The first delegate may delegate powers or functions to another person.
78A Immunity from civil proceedings
No civil action against certain persons in good faith performing functions or duties.
78A(1) Immunity from civil proceedings
No civil action against certain persons in good faith
78A(2) Immunity from civil proceedings
78B Australian Public Service Employee Census—results and action
This section applies if a survey known as an Australian Public Service Employee Census is conducted in a financial year.
78B(1) Australian Public Service Employee Census—results and action
Prepare action plan in response to census results.
78B(2) Australian Public Service Employee Census—results and action
Publish census results and action plan within a specified timeframe.
78B(3) Australian Public Service Employee Census—results and action
Exemption from publishing results of Australian Public Service Employee Census
78B(4) Australian Public Service Employee Census—results and action
79 Regulations
Regulations may be prescribed by the Governor-General.
79(1) Regulations
Governor-General has the power to prescribe regulations.
Penalties for offences against regulations may not exceed 50 penalty units.
79(2) Regulations
Regulations prescribe penalties for offences.
8 Relationship with Fair Work Acts
8(1) Relationship with Fair Work Acts
8(2) Relationship with Fair Work Acts
9 Constitution of the APS
Public Service Act 1999