Commonwealth Consolidated Regulations
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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
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