Public Service Regulations 1999

Overview

The Public Service Regulations 1999 were enacted to provide a comprehensive framework for the governance, management, and conduct of the Australian Public Service (APS), supplementing the Public Service Act 1999. These regulations were established by the Parliament of Australia and are intended to ensure that the APS operates efficiently, effectively, and in accordance with the law, upholding the APS Values and Employment Principles. They address various aspects of the APS, including the Code of Conduct, the role of Independent Selection Advisory Committees (ISACs), and the review mechanisms for certain decisions and actions taken by Agency Heads and other APS officials. The overarching policy objective of these regulations is to facilitate a fair and merit-based system for the management of APS employees, including procedures for addressing misconduct, making recommendations on appointments and promotions, and providing avenues for review and appeal of certain decisions.

Scope and Application

The Public Service Regulations 1999, which are statutory rules made under the Public Service Act 1999, govern various aspects of the Australian Public Service (APS). These regulations apply to APS employees, statutory office holders, and other individuals and entities involved in APS-related employment processes. The regulations cover areas such as the Code of Conduct, the role of Independent Selection Advisory Committees (ISAC), and the review mechanisms for certain decisions made by Agency Heads. Notably, the Public Service Regulations 1999 outline specific conditions for the engagement of employees, including those in the Senior Executive Service (SES), and detail the procedures for handling complaints and inquiries into breaches of the Code of Conduct. The regulations also address the attachment of salaries to satisfy judgment debts and set forth certain exclusions, such as actions related to the policy, strategy, nature, scope, resources, or direction of the APS or an Agency. The scope of these regulations is national, as they apply to the Commonwealth level. They may be extended or restricted through subordinate instruments, such as directions issued by the Australian Public Service Commissioner or instructions from the Merit Protection Commissioner. These regulations are subject to amendments and transitional provisions, which are detailed in the endnotes of the compilation.

Key Provisions

• The Public Service Regulations 1999 provide a framework for the administration of the Australian Public Service (APS). These regulations complement the Public Service Act 1999 by detailing various processes and requirements related to the conduct, engagement, and review of APS actions. Regulation 2.1 under Part 2 mandates that APS employees must not disclose information obtained in their employment if such disclosure could prejudice government operations or if the information was communicated in confidence, with exceptions if the information is disclosed in the course of their duties, pursuant to an Agency Head's authorisation, or otherwise authorised by law. Regulation 2.2 clarifies that statutory office holders, as defined, are bound by the Code of Conduct to the extent they deal with APS employees in a supervisory capacity or another capacity related to their day-to-day working relationship. Regulation 2.3 limits the sanction for breaches of the Code of Conduct by APS employees to a deduction of no more than 2% of their annual salary.
• Entities governed by these regulations have specific obligations. For instance, under Regulation 3.1, Agency Heads may direct APS employees to undergo health examinations if there are concerns about the employee's health affecting work performance or if the employee is to be assigned new duties or travel overseas. Regulation 3.3 allows Agency Heads to approve schemes for non-ongoing APS employees to gain skills and experience. Regulation 3.4 sets the maximum term for engaging Senior Executive Service (SES) employees, while Regulation 3.5 outlines the circumstances for engaging non-ongoing non-SES employees.
• Part 3 further elaborates on the engagement of APS employees, stipulating conditions such as health clearances and the ability to direct employees to undergo medical examinations if their health may affect their work performance or pose a risk to others. These regulations also establish the roles and functions of Independent Selection Advisory Committees (ISAC) and Promotion Review Committees (PRC), including their composition, procedures, and the effect of their recommendations on employment decisions. For example, Regulation 4.1 defines the function of an ISAC, while Regulation 4.4 sets minimum procedural requirements for ISACs.
• Regarding review of actions, Part 5 outlines the processes and timelines for reviewing decisions on promotions and engagements, as well as other APS actions. It also provides for the establishment of PRCs to review such decisions. The regulations specify the grounds for review, which must be based on merit, and the steps for making and responding to review applications. For example, Regulation 5.8 limits the grounds for review to merit, while Regulation 5.9 details the application process for reviewing promotion decisions.
• Violations of these regulations are subject to penalties. Regulation 4.12 makes it an offence to obstruct an ISAC in its functions, with a penalty of 10 penalty units. Similarly, Regulation 5.21 penalises obstruction of a PRC in its functions with the same penalty, and Regulation 5.37 imposes the same penalty for obstructing a person conducting a review of APS actions. All these offences are subject to strict liability, meaning that intent does not need to be proven.
• Part 6 focuses on the functions of the Australian Public Service Commissioner, including inquiries into alleged breaches of the Code of Conduct by statutory office holders and the Merit Protection Commissioner. Regulation 6.1B, for instance, allows the Commissioner to inquire into public interest disclosures related to alleged breaches of the Code of Conduct, provided certain conditions are met. The Commissioner has discretion to decline or discontinue inquiries based on various factors, such as the seriousness of the allegation or whether another mechanism is more appropriate.
• The Merit Protection Commissioner's role is detailed in Part 7, which includes provisions for reviewing actions of statutory office holders, investigating complaints by former APS employees, and overseeing the review of determinations of breaches of the Code of Conduct by former APS employees. Regulation 7.2A specifies the conditions under which a former APS employee can review a determination of a breach of the Code of Conduct, while Regulation 7.2H penalises obstruction of the Commissioner's functions with a penalty of 10 penalty units.
• Administrative and reorganisational provisions are covered in Part 8, which includes rules on employment conditions after machinery of government changes and the attachment of salaries to satisfy judgment debts. Regulation 8A.9 specifies the rate of deductions to be made from an APS employee's salary to satisfy judgment debts, with the default rate being 20% of the employee's net salary. This rate can be adjusted based on the employee's financial hardship.
• Lastly, Part 10 addresses transitional arrangements for the application of these regulations, ensuring continuity and clarity in the face of legislative changes. For instance, Regulation 10.3 specifies how allegations of breaches of the Code of Conduct by the Merit Protection Commissioner before the commencement of new regulations are to be handled. These regulations collectively aim to maintain the integrity, efficiency, and fairness of the Australian Public Service.

Legal classification tags

Area of Law

Administrative Law

Employment & Labour Law

Instrument

Legislative Instrument

Concepts

Definitions & Interpretation

Repeal & Amendment

Review & Sunset Clauses

Offence Provisions

Enforcement Powers

Compliance Obligations