Public Service Amendment Act 2013

Administered by Department of the Prime Minister and Cabinet

Legislation au C2013A00002 In force Act

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No. 2, 2013

An Act to amend the Public Service Act 1999, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Public Service Act 1999

Part 1—Secretaries

Public Service Act 1999

Part 2—Secretaries Board

Public Service Act 1999

Part 3—Senior Executive Service

Public Service Act 1999

Part 4—The Australian Public Service Commissioner

Public Service Act 1999

Part 5—Special Commissioners

Public Service Act 1999

Part 6—APS Values and APS Employment Principles

Public Service Act 1999

Part 7—Code of Conduct

Public Service Act 1999

Part 8—Whistleblower reports

Public Service Act 1999

Part 9—Review of actions

Public Service Act 1999

Part 10—Non‑ongoing APS employees

Public Service Act 1999

Part 11—Machinery of government changes

Public Service Act 1999

Part 12—Confidentiality of information

Public Service Act 1999

Part 13—Immunity from suit

Public Service Act 1999

Part 14—Legislative instruments

Public Service Act 1999

Part 15—Miscellaneous amendments

Public Service Act 1999

Schedule 2—Repeal

Public Employment (Consequential and Transitional) Amendment Act 1999

Schedule 3—Amendment of other Acts

Australian Federal Police Act 1979

Australian Law Reform Commission Act 1996

Family Law Act 1975

Ombudsman Act 1976

Parliamentary Service Act 1999

Privacy Act 1988

Remuneration Tribunal Act 1973

Superannuation Act 1976

Superannuation Act 1990

Schedule 4—Application, saving and transitional provisions

Part 1—Preliminary

Part 2—Secretaries

Part 3—Senior Executive Service

Part 4—The Australian Public Service Commissioner

Part 5—APS Values and APS Employment Principles

Part 6—Code of Conduct

Part 7—Whistleblower reports

Part 8—Review of actions

Part 9—Non‑ongoing APS employees

Part 10—Machinery of government changes

Part 11—Confidentiality of information

Part 12—Immunity from suit

Part 13—Legislative instruments

Part 14—Miscellaneous

Part 15—Regulations

Public Service Amendment Act 2013

No. 2, 2013

An Act to amend the Public Service Act 1999, and for related purposes

[Assented to 14 February 2013]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Public Service Amendment Act 2013.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	14 February 2013
2. Schedules 1, 2, 3 and 4	A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	1 July 2013 (see F2013L00484)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this…

Overview

The Public Service Amendment Act 2013, enacted by the Parliament of Australia, seeks to amend the Public Service Act 1999, addressing gaps in the legislation to better align with modern public sector management practices. This Act introduces significant changes to the roles and responsibilities of Secretaries, the functions of the Australian Public Service Commissioner (APSC), and the framework for managing alleged breaches of the Code of Conduct within the Australian Public Service (APS). It also introduces provisions for the protection of whistleblowers, and enhances the confidentiality and integrity of information within the public service. The overarching policy objective of the Act is to foster a more professional, accountable, and efficient public service that upholds the highest standards of integrity, ethics, and performance.

Scope and Application

The Public Service Amendment Act 2013 (C2013A00002) amends the Public Service Act 1999, affecting the roles, responsibilities, and conduct of individuals within the Australian Public Service (APS). It applies to the Australian Public Service Commissioner, the Merit Protection Commissioner, agency heads, and APS employees, including those in the Senior Executive Service. The Act also extends to former APS employees and statutory office holders. Geographically, it has a Commonwealth reach. The Act introduces amendments that include changes to the roles of Secretaries, the functions of the Secretaries Board, and the responsibilities of the Australian Public Service Commissioner. It also modifies the Code of Conduct, procedures for dealing with alleged breaches, and the protection and confidentiality of information. Subordinate instruments may extend or restrict the application of the Act. The Act includes provisions for transitional arrangements to ensure continuity in ongoing inquiries, investigations, and determinations related to the APS.

Key Provisions

The Public Service Amendment Act 2013 amends the Public Service Act 1999, introducing several key changes to the roles and responsibilities of Secretaries, the Australian Public Service (APS) Commissioner, and other aspects of public service management. The roles and responsibilities of Secretaries are expanded to include providing leadership, strategic direction, and a focus on results for their Departments. The appointment and termination processes for Secretaries are detailed, specifying that appointments are made by the Governor-General on the recommendation of the Prime Minister and can be terminated by the Governor-General on the Prime Minister's recommendation. Annual performance reviews for Secretaries are mandated, overseen by the Secretary of the Prime Minister's Department and the Commissioner.
The functions of the APS Commissioner are enhanced, focusing on strengthening professionalism, upholding integrity, and monitoring APS capabilities. The Commissioner is given powers to review and report on APS matters, conduct inquiries into alleged breaches of the Code of Conduct, and evaluate workforce management policies. The Commissioner may also delegate certain powers to former senior officials.
The Code of Conduct is updated to ensure APS employees behave in a manner that upholds APS values and the integrity of their agencies. Procedures for determining breaches of the Code of Conduct are established, with the ability to vary these procedures based on the category of APS employee or former APS employee involved.
Whistleblower protections are strengthened, requiring Agency Heads to establish procedures for handling whistleblower reports and allowing for reports to be made to the Commissioner or Merit Protection Commissioner. The Act also introduces protections for information obtained in connection with the performance of certain functions, limiting the disclosure and use of such information.
Penalties for breaches of the Public Service Act 1999 are specified, with maximum penalties for offences against regulations set at 50 penalty units. The Act also provides immunity from civil proceedings for actions taken in good faith by the APS Commissioner, Merit Protection Commissioner, and their delegates in connection with the performance of their functions.
Overall, the Public Service Amendment Act 2013 aims to enhance the governance, accountability, and integrity of the Australian Public Service by clarifying roles, strengthening oversight mechanisms, and updating procedural requirements.

Area of Law: Public Administration; Employment & Labour Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Transitional Provisions; Regulatory Standards; Enforcement Powers; Whistleblower Protections

12 Application of Part

This Part applies in relation to any matter arising under this Act, subject to the conditions prescribed by the regulations and to any determination made by the Minister under section 9.

(1) A person must not engage in conduct referred to in subsection (2) unless the person holds an authority issued under this Division and complies with the conditions of that authority.

(2) For the purposes of subsection (1), the conduct includes any act done in the course of carrying on a business, whether or not for profit, within the meaning given by section 4.

13 Powers of the Minister

The Minister may, by notice published in the Gazette, specify the matters to be taken into account in determining an application, and may vary or revoke any such notice.

(3) Nothing in this section limits the operation of any other provision of this Act or the regulations in relation to the matters referred to in this Part.

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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.

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