Appointment of the Secretary of the Attorney-General’s Department

Overview

The Public Service Act 1999 was enacted to establish a framework for the administration of the Australian Public Service, ensuring accountability, efficiency, and effectiveness within the public service. The Act provides the legislative basis for the appointment, terms, and conditions of employment for public service positions, including those of Secretaries within various departments. This notifiable instrument specifically addresses the appointment of Ms Katherine Jones PSM as the Secretary of the Attorney-General’s Department for a period of five years, beginning on 16 August 2021. The instrument was issued by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, in accordance with subsection 58(1) of the Public Service Act 1999. The policy objective is to ensure that key leadership roles within the public service are filled by suitably qualified individuals, thereby maintaining the integrity and functionality of government operations.

Scope and Application

The Public Service Act 1999 applies to the appointment of the Secretary of the Attorney-General’s Department, which is a key executive position within the Commonwealth of Australia. This act governs the appointment process, ensuring that the selection is made in accordance with the legislative provisions and advice from the Federal Executive Council. The scope of this legislation encompasses the appointment of individuals to specific senior public service roles, thereby impacting the leadership and administration of government departments. The appointment made under this act is geographically and jurisdictionally applicable to the Commonwealth level, influencing national governance and policy implementation. The act does not specify any exclusions or exemptions related to the appointment of the Secretary, but it does set the framework and conditions under which such appointments are made. Any further extension or restriction of application would be addressed through subordinate instruments or subsequent legislation, ensuring the process remains transparent and accountable to the public.

Key Provisions

The Public Service Act 1999, through this notifiable instrument, appoints Ms Katherine Jones PSM as the Secretary of the Attorney-General’s Department for a term of five years, starting on 16 August 2021 (subsection 58(1)). This appointment is made by the Governor-General, General the Honourable David Hurley AC DSC (Retd), in accordance with the advice of the Federal Executive Council. This formal appointment signifies the beginning of her responsibilities and duties within the department. Ms Jones, upon her appointment, is bound by the terms and duties associated with the role of Secretary of the Attorney-General’s Department. This includes responsibilities such as overseeing the legal affairs of the government, providing legal advice to ministers, and managing the department's operations and staff. These obligations are outlined in the Public Service Act 1999, which governs the structure, functions, and administration of the Australian Public Service. The Act imposes several requirements on Ms Jones, including adherence to the Public Service Code of Conduct and the performance of her duties with integrity and professionalism. She is also required to ensure that the department operates efficiently and effectively, in line with government policies and legislative requirements. Any failure to comply with these obligations may result in disciplinary action or termination of her appointment. In terms of legal consequences, any breach of the duties or obligations outlined in the Public Service Act 1999 could result in disciplinary measures, including potential termination of employment. While the specific penalties for breaches are not detailed in the notifiable instrument, the Act provides for a range of penalties, including fines and imprisonment for more serious offences. The maximum penalties are determined by the severity of the breach and are outlined in the relevant sections of the Public Service Act 1999.