EXPLANATORY STATEMENT
Issued by the authority of the Prime Minister
Direction under subsection 21(1) of the Public Service Act 1999 –
COVID 19 – movement of APS employees to functions critical to the continued delivery of services to the Australian public
The Public Service Act 1999 (‘the Act’) provides for the establishment and management of the Australian Public Service (‘APS’). Subsection 21(1) of the Act provides that the Prime Minister may issue general directions in writing to Agency Heads relating to the management and leadership of APS employees.
The purpose of the Direction under subsection 21(1) of the Public Service Act 1999 – COVID 19 – movement of APS employees to functions critical to the continued delivery of services to the Australian public (the Direction) is to facilitate the efficient and effective deployment of APS employees and expertise to meet the exceptional challenge posed by COVID 19 to Australian society.
The Direction provides that each Agency Head is required to urgently identify functions performed in the agency that, taking into account the consequences of the COVID 19 pandemic, are currently critical to the continued delivery of services to the Australian public or the operation of the APS as a whole.
The Direction provides that each Agency Head is also required to identify APS employees in their agency whose duties do not involve the performance of those critical functions, and who are capable of undertaking work, as an employee of the agency on a temporary basis:
- for other APS agencies where there is a critical need to the continued delivery of services to the Australian public or the operation of the APS as a whole; or
- to assist State or Territory government agencies or community organisations address the consequences of COVID 19, including to assist them maintain the continued delivery of services to the Australian public.
The Direction require that each Agency Head is to provide details of the critical functions of their agency and groups of employees whose duties do not involve the performance of those critical functions under the Direction to the Australian Public Service Commissioner (‘Commissioner’) as soon as completed, but no later than 30 March 2020.
The Commissioner will then notify relevant Agency Heads which APS employees or groups of APS employees within their agency are to undertake critical work elsewhere.
The Direction requires that each Agency Head to, as quickly as possible, exercise all their available powers to make available their APS employees to undertake work in the APS agency specified by the Commissioner.
More generally, each Agency Head is required to cooperate with any requests or directions made by the Commissioner in relation to the provision of services by APS employees to sectors of critical need. Those areas of critical need may be in State or Territory government sectors, or in community organisations.
The Commissioner will issue further guidance to Agency Heads about the applicability of the Direction.
The Direction commences on the date it is made.
The Prime Minister has granted an exemption from the need to complete regulatory impact analysis for all Australian Government measures made in response to
COVID 19. No regulatory impact statement is therefore required.
APS agencies have been consulted about the Direction.
The Direction is a legislative instrument for the purposes of the Legislation Act 2003.
Authority: Subsection 21(1) of the Public Service Act 1999
Overview
The Public Service Act 1999 was enacted to provide a framework for the establishment and management of the Australian Public Service (APS), ensuring it operates effectively and efficiently to deliver public services. In response to the exceptional circumstances posed by the COVID-19 pandemic, the Prime Minister issued a direction under subsection 21(1) of the Act to facilitate the movement of APS employees to functions critical for maintaining essential services and operations. This direction aims to support both federal and state/territory government agencies, as well as community organisations, in their efforts to address the pandemic’s impact. The policy objective is to ensure that APS employees are deployed where they are most needed to support the continued delivery of services to the Australian public and to maintain the operation of the APS itself. Agency Heads are required to identify and report critical functions and suitable employees to the Australian Public Service Commissioner, who will then coordinate the redeployment of these resources to areas of critical need.
Scope and Application
The Direction under subsection 21(1) of the Public Service Act 1999, issued by the Prime Minister, applies to all Agency Heads of Australian Public Service (APS) agencies. This legislation serves to mobilise APS employees in response to the extraordinary circumstances posed by the COVID-19 pandemic. The scope of the Direction mandates that each Agency Head urgently identifies functions that are critical for the continued delivery of services to the Australian public or the operation of the APS, and employees who can be temporarily reassigned to support these critical areas. This includes APS employees being made available to other APS agencies or to State or Territory government agencies and community organisations to address the pandemic's impact. The Direction is effective immediately upon issuance, with a compliance deadline of 30 March 2020 for Agency Heads to report to the Australian Public Service Commissioner. The Commissioner will then allocate employees to areas of critical need, and Agency Heads are required to facilitate these reassignments and cooperate with the Commissioner's directives. The Direction applies across the Commonwealth, extending its reach to support both federal and state/territory efforts in managing the pandemic's effects. The legislation does not specify exclusions or exemptions, though it does note that it is exempt from the requirement for a regulatory impact analysis due to the urgent nature of the pandemic response.
Key Provisions
The key operative sections of this legislation (F2020L00326) are found within the Direction issued under subsection 21(1) of the Public Service Act 1999. This Direction, intended to address the extraordinary circumstances posed by COVID-19, mandates Agency Heads to identify critical functions within their agencies, which are essential for maintaining service delivery to the Australian public and the operation of the Australian Public Service (APS). Agency Heads are required to identify APS employees who are not engaged in these critical functions and are capable of being temporarily deployed to other APS agencies or to State or Territory government agencies and community organisations that face critical needs due to COVID-19. This information must be provided to the Australian Public Service Commissioner (Commissioner) by 30 March 2020 (section 3). Once the Commissioner identifies which employees need to be redeployed, Agency Heads must make these employees available to undertake the critical work as specified (section 4).
The obligations imposed on the parties governed by this Act are primarily centred around the timely identification and deployment of APS employees. Each Agency Head must urgently identify the critical functions of their agency and the employees who can be redeployed without compromising these functions. This includes providing detailed information to the Commissioner. Agency Heads are also required to cooperate with the Commissioner's directions and requests concerning the redeployment of APS employees to areas of critical need. This cooperation extends to making all available APS employees accessible for redeployment as quickly as possible to ensure the continued delivery of essential services during the pandemic (section 5).
The legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance with the Direction. However, the mandatory nature of the requirements and the urgent timeframes suggest a high expectation for compliance. Non-compliance or failure to act expeditiously in identifying and redeploying APS employees could potentially lead to operational disruptions and inefficiencies in addressing the critical needs arising from the COVID-19 pandemic. While no specific penalties are mentioned in the text, the overarching intent of the Direction implies significant consequences for not adhering to the stipulated procedures and timelines.