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