EXPLANATORY STATEMENT
Subject— Public Service Act 1999
Direction under subsection 21(1) of the Public Service Act 1999 - granting of paid leave to APS employees who are members of a recognised volunteer service and are deploying as part of an emergency service response
The Public Service Act 1999 (‘PS Act’) provides for the establishment and management of the Australian Public Service (‘APS’). Subsection 21(1) of the PS 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 Direction under subsection 21(1) of the Public Service Act 1999 - granting of paid leave to APS employees who are members of a recognised volunteer service and are deploying as part of an emergency service response (the Direction) provides that Agency Heads must ensure leave is granted on full pay to APS employees who are registered members of a recognised volunteer services and are deploying as part of an emergency service response.
The Direction provides that the minimum period of volunteer leave to be made available is 20 working days or 28 calendar days each year. This leave may also be used to cover reasonable travel and recovery requirements associated with deploying as part of an emergency services response.
Agency Heads may only refuse volunteer leave if, in the opinion of the Agency Head and with the agreement of the Australian Public Service Commissioner, granting the leave would significantly disrupt the provision of services to the Australian public.
The PS Act does not specify any conditions that need to be satisfied before exercising the power to make the Direction. The Direction is a legislative instrument for the purposes of the Legislation Act 2003.
No Regulation Impact Statement is required for the measures contained in the Direction because there is no impact on business or the not for profit sector.
The Direction commences on 24 December 2019.
Authority: Subsection 21(1) of the Public Service Act 1999
Overview
The Public Service Act 1999, enacted by the Parliament of Australia, establishes and governs the Australian Public Service (APS). It empowers the Prime Minister to issue general directions to agency heads regarding the management and leadership of APS employees. One such direction, introduced under subsection 21(1) of the Act, mandates that agency heads must grant paid leave to APS employees who are members of recognised volunteer services and are deploying as part of an emergency service response. This leave, which may be up to 20 working days or 28 calendar days annually, also covers reasonable travel and recovery needs related to the deployment. Agency heads can deny this leave only if, in consultation with the Australian Public Service Commissioner, they determine that granting the leave would significantly disrupt public services. The Direction, which does not require a Regulation Impact Statement due to its minimal effect on businesses and the not-for-profit sector, commenced on 24 December 2019.
Scope and Application
The Public Service Act 1999 applies to the Australian Public Service (APS) and its employees, providing a framework for the establishment and management of the APS. A Direction issued under subsection 21(1) of the PS Act mandates that Agency Heads must ensure APS employees who are registered members of recognised volunteer services and are deploying as part of an emergency service response are granted leave on full pay. This leave must be a minimum of 20 working days or 28 calendar days each year and can also cover travel and recovery needs associated with the deployment. Agency Heads may only deny such leave if it would significantly disrupt the provision of services to the Australian public, subject to the concurrence of the Australian Public Service Commissioner. This Direction applies nationally, covering all agencies within the APS, and it does not specify any preconditions for its issuance. Importantly, the Direction does not require a Regulatory Impact Statement as it does not affect the business or not-for-profit sectors. The Direction took effect from 24 December 2019.
Key Provisions
The Public Service Act 1999 (PS Act) is a foundational piece of legislation governing the Australian Public Service (APS). According to subsection 21(1) of the PS Act, the Prime Minister has the authority to issue general directions in writing to Agency Heads concerning the management and leadership of APS employees. A specific Direction under subsection 21(1) mandates that Agency Heads must grant paid leave to APS employees who are registered members of recognised volunteer services and are deploying as part of an emergency service response. This leave must be granted on full pay and is subject to certain conditions and limitations.
Under this Direction, the minimum period of paid volunteer leave that must be made available to APS employees is 20 working days or 28 calendar days each year. This leave is intended to cover the time employees spend responding to emergencies, as well as reasonable travel and recovery requirements associated with their deployment. However, Agency Heads are permitted to refuse such leave if, in their opinion, and with the agreement of the Australian Public Service Commissioner, granting the leave would significantly disrupt the provision of services to the Australian public. It is important to note that the PS Act does not specify any conditions that need to be satisfied before exercising the power to make this Direction.
The Direction imposes certain obligations on Agency Heads. Primarily, they are required to ensure that APS employees who are members of recognised volunteer services and are deploying as part of an emergency service response are granted paid leave on full pay. Agency Heads must consider the needs of these employees and the potential impact on service delivery when making decisions about granting leave. If they decide to refuse leave, they must do so in consultation with the Australian Public Service Commissioner, ensuring that the decision is both reasonable and justifiable.
In terms of consequences for non-compliance, the Direction itself does not outline specific offences, penalties, or civil or criminal consequences for breaching its provisions. However, breaches of other provisions within the PS Act or the general law could result in disciplinary action, including potential termination of employment for APS employees, or legal action against the Agency Heads or the Commonwealth for improper exercise of power or failure to comply with statutory obligations. The Direction, being a legislative instrument, is subject to the provisions of the Legislation Act 2003, which provides mechanisms for review and enforcement.