Public Service Act 1999 (Cth)

Public Service Act 1999

No. 147, 1999

Compilation No. 22

Compilation date: 11 December 2024

Includes amendments: Act No. 44, 2024

About this compilation

This compilation

This is a compilation of the Public Service Act 1999 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of this Act 4 This Act binds the Crown 5 This Act extends to things outside Australia 6 Engagement of employees in Department or Executive Agency Part 2—Interpretation 7 Interpretation 8 Relationship with Fair Work Acts Part 3—The Australian Public Service 9 Constitution of the APS 10 APS Values 10A APS Employment Principles 11 Commissioner's Directions about APS Values 11A Commissioner's Directions about employment matters 12 Agency Heads must promote APS Values and APS Employment Principles 13 The APS Code of Conduct 14 Agency Heads and statutory office holders bound by Code of Conduct 15 Breaches of the Code of Conduct 18 Promotion of employment equity 19 Limitation on Ministerial directions to Agency Head 19A Agency Heads to implement measures to create a work environment that enables decisions to be made by APS employees at lowest appropriate classification Part 4—APS employees Division 1—APS employees generally 20 Employer powers etc. of Agency Head 21 Prime Minister's directions to Agency Heads 22 Engagement of APS employees 23 Classification Rules 24 Terms and conditions of employment 25 Assignment of duties 26 Voluntary moves between Agencies 27 Compulsory moves between Agencies 28 Suspension 29 Termination of employment 30 Retirement 31 Forfeiture of additional remuneration 32 Right of return for election candidates 33 Review of actions Division 2—The Senior Executive Service 34 SES employees 35 Constitution and role of SES 37 Incentive to retire 38 Commissioner's certificate required for termination of SES employment Division 3—Heads of Mission 39 Heads of Mission Part 5—The Australian Public Service Commissioner Division 1—Commissioner's functions etc. 40 Australian Public Service Commissioner 41 Commissioner's functions 41A Inquiry into alleged breach of Code of Conduct by Agency Head or former Agency Head 41B Inquiry into alleged breach of Code of Conduct by APS employee or former APS employee 41C Systems reviews 41D Special reviews 42 Commissioner's Directions 43 Commissioner's inquiry powers 44 State of the Service report 44A Capability reviews 44B Action plans Division 2—Commissioner's appointment, conditions etc. 45 Appointment of Commissioner 46 Remuneration and other terms and conditions of appointment 47 Removal from office 48 Acting Commissioner Division 3—Special Commissioners 48A Appointment of Special Commissioners 48B Remuneration and other terms and conditions of appointment 48C Termination of appointment Part 6—The Merit Protection Commissioner Division 1—Merit Protection Commissioner's functions etc. 49 Merit Protection Commissioner 50 Merit Protection Commissioner's functions 50A Inquiry into alleged breach of Code of Conduct by APS employee or former APS employee 51 Annual report Division 2—Merit Protection Commissioner's appointment, conditions etc. 52 Appointment of Merit Protection Commissioner 53 Remuneration and other terms and conditions of appointment 54 Removal from office 55 Acting Merit Protection Commissioner Part 7—Secretaries of Departments 56 Creation of offices of Secretary 57 Roles and responsibilities of Secretaries 58 Appointment 59 Termination of appointment 60 Engagement of former Secretaries 61 Remuneration and other terms and conditions of appointment 61A Annual performance review 62 Acting Secretary Part 8—Secretaries Board 64 Secretaries Board 64A Long‑term insights reports Part 9—Executive Agencies 65 Establishment etc. of Executive Agencies 66 Responsibilities of Heads of Executive Agencies 67 Appointment etc. of Head 68 Remuneration and other terms and conditions of appointment 69 Acting Head Part 10—Administrative arrangements and re‑organisations 71 Arrangements with States and Territories 72 Machinery of government changes Part 10A—Protection of information 72A Protection of information—Commissioner's functions etc. 72B Protection of information—Merit Protection Commissioner's functions etc. 72C Giving information or producing documents to Commissioner not admissible in evidence etc. 72D Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc. 72E Release of personal information Part 11—Miscellaneous 73 Payments in special circumstances 74 Locally engaged employees 75 Attachment of salaries to satisfy judgment debts 77 Positions 78 Delegations 78A Immunity from civil proceedings 78B Australian Public Service Employee Census—results and action plans 79 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history