Notice of Making Public Service Commissioner's Directions

Overview

The Public Service Commissioner’s Amendment Direction 2013 (No. 2) was enacted in 2013 as an amendment to the Public Service Act 1999. This piece of legislation was introduced by the Australian Public Service Commission to address gaps and problems in the governance and administration of the Australian Public Service. The policy objective behind this amendment is to enhance the efficiency and effectiveness of the public service through clearer and more effective directives from the Public Service Commissioner. The Australian Public Service Commission, as the enacting body, aims to ensure that the public service operates in a manner that is consistent with the government’s policies and priorities. This amendment is intended to provide the necessary flexibility and authority to the Public Service Commissioner to issue directions that can streamline the operations and performance of public service agencies.

Scope and Application

The Public Service Commissioner’s Amendment Direction 2013 (No. 2) applies to the public service of the Commonwealth of Australia, specifically to employees, officers, and agencies under the purview of the Public Service Act 1999. This direction serves to modify and clarify various aspects of public service employment conditions and administrative procedures, affecting both individual public servants and the agencies for which they work. The scope of the direction encompasses all federal public servants and extends to the geographic jurisdiction of the Commonwealth, ensuring uniformity and compliance across all Australian territories and states. This legislative instrument provides specific instructions that aim to enhance the efficiency and effectiveness of public service operations. While the direction is comprehensive, it does not explicitly state any exclusions or exemptions; however, it is understood that any specific exclusions would be detailed within the text of the direction itself. The application and interpretation of these directions may also be supplemented or extended by subordinate instruments, ensuring flexibility and adaptability in addressing emerging issues within the public service sector.

Key Provisions

The Public Service Commissioner’s Amendment Direction 2013 (No. 2) under section 11 of the Public Service Act 1999, outlines specific changes to the operations and procedures of the Australian Public Service (APS). Section 2 of the direction specifies the amendment to the APS Enterprise Agreement 2012, particularly regarding the classification of certain positions within the APS. It mandates that the classification of positions previously designated as ‘APS 5’ will now be reclassified as ‘APS 6’. This change is to be implemented as of 1 July 2013, as detailed in Section 3. Section 4 provides further clarification on the transition process, ensuring that any employees affected by this reclassification will receive appropriate notification and support to understand the changes and their implications. Under the Public Service Act 1999, the direction imposes specific obligations on the relevant parties, primarily the Australian Public Service Commission (APSC) and the affected employees. The APSC is tasked with ensuring that the reclassification is communicated effectively to all relevant personnel and that the necessary administrative adjustments are made within the APS. Employees who are reclassified under this direction must comply with the new job requirements and standards associated with their new classification level. Additionally, both the APSC and the affected employees must adhere to any transitional provisions outlined in the direction to facilitate a smooth changeover. The Public Service Commissioner’s Amendment Direction 2013 (No. 2) does not explicitly detail specific offences or penalties for non-compliance with the direction. However, under the Public Service Act 1999, failure to comply with directions made by the Public Service Commissioner can lead to significant consequences. Such non-compliance could be viewed as a breach of the terms and conditions of employment or the applicable enterprise agreement, potentially resulting in disciplinary action against employees. For the APSC, not ensuring that the direction is properly implemented could lead to oversight issues and possible administrative repercussions. While the direction itself does not specify maximum penalties, any resulting disciplinary actions or legal proceedings would be governed by the relevant provisions of the Public Service Act 1999 and associated employment agreements.