Public Service Act 1922

Legislation au C1922A00021 Not in force Act

Legislation content

Public Service Act 1922

Act No. 21 of 1922 as amended

Consolidated as in force on 5 December 1999

(includes amendments up to Act No. 146 of 1999)

[Note: This Act is repealed by Act No. 146 of 1999]

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

Part I—Preliminary

1 Short title [see Note 1] 

2 Commencement [see Note 1] 

6 Chief object of Act 

7 Interpretation 

7A Schedule 2—Departments 

7B Operation of Act 

8 Act not to apply to certain persons 

8A Exempt officers and employees 

9 Officers of the Parliament 

9A Creation etc. of offices in Parliamentary Departments 

9AA Certain acting appointments in Parliamentary Departments 

9AB Modifications of certain provisions in relation to officers of the Parliament             

9B Annual report to Parliament by Presiding Officers 

Part II—Composition and administration of the Australian Public Service

10 Constitution of the Australian Public Service 

10A Interpretation 

11 Public Service Commissioner 

12 Remuneration 

13 Leave of absence 

14 Disclosure of interests 

15 Annual report by Commissioner 

16 Resignation 

17 Suspension and removal 

18 Delegations 

18A Acting Commissioner 

18B Staff 

19 Powers of Commissioner 

21 Records of officers 

22 Australian Public Service Management Advisory Board 

Part IIA—Personnel management

22A Personnel management reviews 

22B Equal employment opportunity programs 

22C Industrial democracy plans 

23 Joint Council 

Part III—The Australian Public Service

Division 1—Secretaries of Departments and Constitution etc. of the Senior Executive Service

25 Secretaries of Departments [see Note 2] 

26 Delegation by Secretaries of Departments 

26AA The Senior Executive Service 

Division 2A—Creation and abolition of offices

27 Creation and abolition of offices 

28 Classification of offices and officers 

29 Administrative re‑arrangements 

29A Re‑classification of offices 

Division 2B—Part‑time offices

29B Part‑time offices 

29C Hours of attendance of part‑time officers 

29D Hours of attendance of certain unattached officers 

Division 4—Appointments, transfers and promotions

Subdivision A—Preliminary

33AAA Interpretation 

33 Application of merit principle, prohibition of patronage etc. 

33A Notification of certain matters related to appointment, transfer, promotion or advancement             

33AA Notification of vacancies in SES offices 

33B Board may arrange for tests and examinations 

33C Unattached officers 

34 Eligibility for appointment to the Service 

Subdivision B—Appointment of Secretaries of Departments

35 Interpretation 

36 Appointment of Secretaries of Departments 

37 Fixed‑term appointments 

38 Superannuation benefits for fixed‑term Secretaries of Departments             

39 Acting appointments of Secretaries of Departments 

40 Dual appointment of Secretaries of Departments 

41 Certain provisions not to apply to appointments under this Subdivision             

Subdivision C—Appointment of officers other than Secretaries of Departments

42 Appointment of officers other than Secretaries of Departments 

42A Appointment of certain continuing employees 

43 Special appointments 

44 Fixed‑term appointments to Senior Executive Service 

45 Superannuation benefits for fixed‑term Senior Executive Service officers             

47 Appointments to be on probation 

47A Special provisions relating to appointment of returned soldiers 

47AA Appointment and confirmation of appointment of certain officers on specified defence service             

47B Re‑appointment of retired…

Overview

The Public Service Act 1922, enacted by the Australian Parliament, consolidates and amends the law regulating the public service, aiming to establish a public service for the efficient, equitable, and sound management of the Australian Government. The Act's chief object is to ensure the public service operates under sound management practices. It defines the Australian Public Service, including its composition and administration, and outlines the roles and responsibilities of the Public Service Commissioner and other officers. The Act also addresses personnel management, discipline, and the administration of the service, including provisions for appointments, transfers, promotions, and the handling of misconduct and disciplinary actions. Additionally, it provides for the redeployment and retirement of officers, the forfeiture of office, and the handling of leave and other employment conditions. The Act was repealed by the Public Employment (Consequential and Transitional) Amendment Act 1999, which introduced the Public Service Act 1999 to replace it.

Scope and Application

The Public Service Act 1922 applies to the Australian Public Service, which includes the officers and employees of various Commonwealth departments and authorities, as well as those of the Parliament. The Act governs the composition, administration, discipline, and personnel management of the Service, covering aspects such as appointments, transfers, promotions, leave, and retirement. It applies both within Australia and in its territories, extending its reach to all Commonwealth employees and officers. Certain categories of persons, such as honorary officers and employees, are specifically excluded from the Act's application. The Act is subject to modifications and extensions through subordinate instruments, such as regulations, which can prescribe additional matters necessary for the implementation and administration of the Act. Notably, the Act does not apply to officers and employees of the Parliament unless specified by regulations or an order made by the Governor-General.

Key Provisions

  • The Public Service Act 1922, now repealed, constituted the Australian Public Service and outlined the roles, responsibilities, and rights of officers and employees within it. The Act specified the chief object to be the efficient conduct of the public administration of the Australian Government, applying to all officers and employees unless specifically exempted. Key provisions included the constitution of the Australian Public Service (APS) under section 10, with the Public Service Commissioner appointed under section 11. Section 12 defined the remuneration of officers and employees, while section 13 covered leave of absence. The Act required officers to disclose any interests that might conflict with their duties under section 14, and the Commissioner was mandated to submit an annual report to Parliament under section 15. Officers and employees were subject to disciplinary action, including suspension and removal, as outlined in sections 17 and 56-63. Transfers and promotions within the Service were regulated under sections 49-53, and certain provisions related to officers employed by public authorities outside the APS were addressed in Part IV.
  • The Act imposed several obligations on parties, including the requirement for the Public Service Commissioner to be appointed by the Governor-General and to serve on terms specified in the instrument of appointment (Section 11). Officers were required to adhere to the principles of merit and non-patronage in appointments, transfers, and promotions (Sections 33, 33AA, and 33B). Additionally, officers had to disclose any interests that might conflict with their duties (Section 14). The Act also imposed a duty on the Commissioner to submit an annual report to Parliament detailing the activities and operations of the APS (Section 15).
  • Breaches of the Act resulted in various consequences. For instance, failure to comply with the notice requirements for appointments, transfers, or promotions could result in disciplinary action (Sections 33, 33A, and 33B). Additionally, misconduct by officers was subject to disciplinary action, which could include suspension or removal from office (Sections 56-63). Section 96 specifically stated that any person who impersonated another at an examination or test could be subject to penalties, including imprisonment for a term up to 12 months. The Act also allowed for the creation of regulations to further define the operational aspects of the APS, ensuring compliance and smooth administration (Section 97).

Legal classification tags

Area of Law
Public Administration & Constitutional Law
Employment & Labour Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Delegations
Remuneration
Leave of Absence
Dismissal
Appeals
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.