Commonwealth Consolidated Regulations

PUBLIC SERVICE REGULATIONS 1999

- made under the Public Service Act 1999

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.1.    Name of Regulations  
   1.3.    Definitions--the dictionary  

   PART 2--THE AUSTRALIAN PUBLIC SERVICE

           Division 2.1--The Code of Conduct

   2.1.    Duty not to disclose information (Act s 13)  
   2.2.    Statutory office holder bound by Code of Conduct  
   2.3.    Limitation on sanctions for breaches of Code of Conduct (Act s 15)  

   PART 3--APS--EMPLOYEES

           Division 3.1--Employer powers etc of Agency Heads

   3.1.    Condition of engagement--health clearance (Act s 20)  
   3.2.    Direction to attend medical examination (Act s 20)  
   3.3.    Approval of schemes for non-ongoing APS employees to gain skills and experience (Act s 20)  
   3.4.    Engagement of SES employees (Act s 22)  
   3.5.    Engagement of non-ongoing non-SES employees  
   3.10.   Suspension from duties (Act s 28)  

           Division 3.3--Miscellaneous

   3.16.   Knowledge of Act, Regulations and Commissioner's Directions  

   PART 4--INDEPENDENT SELECTION ADVISORY COMMITTEES

   4.1.    Function of ISAC  
   4.2.    Establishment of ISAC  
   4.3.    Constitution of ISAC  
   4.4.    ISAC procedures--minimum requirements  
   4.5.    ISAC procedures--Merit Protection Commissioner's instructions  
   4.6.    Assistance to ISAC  
   4.7.    Assessment and recommendation by ISAC  
   4.8.    Non-agreement on recommendation by ISAC  
   4.9.    ISAC recommendation not binding  
   4.10.   Effect of acting on ISAC recommendation  
   4.11.   Effect of not acting in accordance with ISAC recommendation  
   4.12.   Offence  

   PART 5--REVIEW OF ACTIONS

           Division 5.1--Statement of intent and outline

   5.1.    General policy about review  
   5.2.    Outline of Part 5  
   5.3.    Review of certain promotion and engagement decisions  
   5.4.    Review of other APS action  
   5.5.    Agency Head's responsibility  

           Division 5.2--Review of certain APS promotion decisions and engagement decisions (including decisions involving Parliamentary Service employees)

   5.6.    Application of Division 5.2  
   5.7.    Entitlement for review: promotion decision  
   5.7A.   Entitlement for review: engagement decision  
   5.8.    Grounds for review  
   5.9.    Application for review  
   5.10.   Appointment of PRC  
   5.11.   Constitution of PRC  
   5.12.   Statements by parties  
   5.13.   Frivolous or vexatious applications  
   5.14.   PRC procedures--minimum requirements  
   5.15.   PRC procedures--Merit Protection Commissioner's instructions  
   5.16.   Assistance to PRC  
   5.17.   Requirement to provide information or documents  
   5.18.   Conduct of review by PRC  
   5.19.   Non-agreement on decision by PRC  
   5.20.   Effect of PRC decision  
   5.21.   Offence  

           Division 5.3--Application by APS employees for review of other actions

              Subdivision 5.3.1--Reviewable action

   5.22.   Entitlement to review  
   5.23.   What APS action is reviewable action  

              Subdivision 5.3.2--Primary review

   5.24.   Application for primary review  
   5.25.   Referral to Merit Protection Commissioner  
   5.26.   Notice that action not reviewable  
   5.27.   Conduct of review by Agency Head  
   5.28.   Conduct of review by Merit Protection Commissioner etc  

              Subdivision 5.3.3--Secondary review

   5.29.   Application for secondary review  
   5.30.   Agency Head to give documents to Merit Protection Commissioner  
   5.31.   Conduct of review  

              Subdivision 5.3.4--Action following recommendation to Agency Head

   5.32.   Action by Agency Head  

              Subdivision 5.3.5--Other provisions about review

   5.33.   Review procedures--minimum requirements  
   5.35.   Requirement to provide information or documents  
   5.36.   Making of application does not operate as stay  
   5.37.   Offence  

   PART 6--THE AUSTRALIAN PUBLIC SERVICE COMMISSIONER

   6.1.    Commissioner's functions--inquiries into Merit Protection Commissioner's behaviour (Act s 41(1))  
   6.1A.   Australian Public Service Commissioner's functions--inquiries into alleged breaches of Code of Conduct by statutory office holders (Act s 41(2)(p))  
   6.1B.   Australian Public Service Commissioner's functions--inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct (Act s41(2)(o))  
   6.2.    Australian Public Service Commissioner's functions--inquiries into alleged breaches of Code of Conduct by Agency Heads (Act s 41A)  
   6.3.    Circumstances in which Australian Public Service Commissioner may decline to conduct, or may discontinue, inquiry into alleged breach of Code of Conduct by Agency Head  
   6.4.    Basic requirements for procedures for determining alleged breach of Code of Conduct by an APS employee or a former APS employee  
   6.5.    Australian Public Service Commissioner may discontinue inquiry into alleged breach of Code of Conduct by an APS employee or a former APS employee  
   6.6.    Protected information  
   6.7.    Compellability of entrusted persons to give evidence  
   6.8.    Giving information or producing documents  
   6.9.    Immunity from civil proceedings  

   PART 7--THE MERIT PROTECTION COMMISSIONER

           Division 7.1--Prescribed functions

   7.1.    Prescribed functions (Act s 50)  
   7.1A.   Merit Protection Commissioner's functions--inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct (Act s50(1)(a))  

           Division 7.2--Complaints of former employees

   7.2.    Investigation of complaints by former employees  

           Division 7.3--Review of determination of breach of Code of Conduct by former APS employee

   7.2A.   Entitlement to review  
   7.2B.   Application for review  
   7.2C.   Notice that action not reviewable  
   7.2D.   Conduct of review  
   7.2DA.  Action by Agency Head  
   7.2E.   Review procedures--minimum requirements  
   7.2F.   Requirement to provide information or documents  
   7.2G.   Making application does not operate as stay  
   7.2H.   Offence  

           Division 7.4--Review of actions of statutory office holders

   7.3.    Review of actions of statutory office holders who are not Agency Heads  

           Division 7.5----Miscellaneous

   7.4.    Other functions of Merit Protection Commissioner  
   7.5.    Independence of Merit Protection Commissioner  
   7.6.    Prescribed entrusted person  
   7.7.    Protected information  
   7.8.    Compellability of entrusted persons to give evidence  
   7.9.    Giving information or producing documents  

           Division 7.6--Basic requirements for procedures for determining alleged breach of Code of Conduct by APS employee or former APS employee

   7.10.   Basic requirements for procedures for determining breach of Code of Conduct by an APS employee or a former APS employee  

   PART 8--ADMINISTRATIVE ARRANGEMENTS AND RE-ORGANISATIONS

   8.1.    Employment conditions after machinery of government changes--movement of APS employees (Act s 72)  
   8.2.    Employment conditions after machinery of government changes--engagement of non-APS employees (Act s 72)  
   8.3.    Prescribed circumstances in relation to employment in former Agency (Act s 72)  

   PART 8A--ATTACHMENT OF SALARIES TO SATISFY JUDGMENT DEBTS

   8A.1.   Definitions  
   8A.2.   Application of Part 8A  
   8A.3.   Application of State and Territory law  
   8A.4.   Paying officer  
   8A.5.   Authority to make deductions  
   8A.6.   Administration fee  
   8A.7.   More than 1 judgment debt  
   8A.8.   Effect of deductions  
   8A.9.   Rate of deductions  
   8A.10.  Move to another Agency  
   8A.11.  Administration of deductions  
   8A.12.  Recovery of overpayment  

   PART 9--MISCELLANEOUS

   9.2.    Use and disclosure of personal information (Act s 72E)  
   9.3.    Delegations  
   9.4.    Payments in special circumstances (Act s 73)  

   PART 10--TRANSITIONAL ARRANGEMENTS

           Division 10.1--Amendments made by Public Service Amendment Regulation 2013 (No

   10.1.   Definitions for Division 10.1  
   10.2.   Inquiry in progress into alleged breach of Code of Conduct by Merit Protection Commissioner  
   10.3.   Allegation of breach of Code of Conduct by Merit Protection Commissioner before commencement day  
   10.4.   Misconduct under the Public Service Act 1922  
   10.5.   Continued application of the Merit Protection (Australian Government Employees) Act 1984 for certain purposes  
   10.6.   No further appeal or review on or after commencement day  
   10.7.   Determinations of special terms or conditions of employment  
   10.8.   Review of matters relating to Code of Conduct as in force before commencement day  
   10.9.   Review of action lodged before commencement day  
   10.10.  Conduct of ISAC and recommendation by ISAC  
   10.11.  Review of promotion notified before commencement day  

           Division 10.2--Amendments made by the Public Service Amendment (Miscellaneous Measures) Regulations 2018

   10.12.  Application--members of the Fair Work Commission  
   10.13.  Application--recommendation in relation to determination of breach of Code of Conduct by former APS employee  
           SCHEDULE 1 Non-reviewable actions
           SCHEDULE 2 Comparable and higher APS classifications to Parliamentary Service classifications