Prime Minister's Public Service Directions 1999

Prime Minister’s Public Service Directions 1999

as amended

made under subsection 21 (1) of the

Public Service Act 1999

This compilation was prepared on 4 May 2006
taking into account amendments up to Prime Minister’s Public Service Amendment Directions 2005 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Chapter 1 Preliminary 

 1.1 Name of Directions [see Note 1]

 1.2 Commencement [see Note 1]

 1.3 Definitions 

Chapter 2 Leave for employment 

 2.1 Mandatory grant of leave without pay 

 2.2 Right of return 

 2.3 Transitional — Prime Minister’s Public Service Amendment Directions 2005 (No. 1)

Chapter 3 APS‑wide training schemes for gaining skills and experience             

 3.1 Schemes 

Notes   

Chapter 1 Preliminary

1.1 Name of Directions [see Note 1]

  These Directions are the Prime Minister’s Public Service Directions 1999.

1.2 Commencement [see Note 1]

  These Directions commence on the commencement of the Public Service Act 1999.

1.3 Definitions

  In these Directions:

commencing time means the time when the Public Service Act 1999 commences.

Chapter 2 Leave for employment

2.1 Mandatory grant of leave without pay

 (1) This clause applies if an ongoing APS employee applies to his or her Agency Head for leave without pay to undertake employment:

 (a) for the purposes of section 13 of the Governor‑General Act 1974; or

 (b) for the purposes of section 13 or 20 of the Members of Parliament (Staff) Act 1984; or

 (c) as a continuation of employment described in paragraph (a) or (b).

 (2) The Agency Head must grant the application.

Note   These Directions do not prevent an Agency Head from granting leave without pay for purposes that are not mentioned in clause 2.1 (for example, granting leave without pay to take up a statutory appointment).

2.2 Right of return

 (1) This clause applies if an APS employee:

 (a) has been granted leave without pay for a purpose mentioned in subclause 2.1 (1); and

 (b) notifies his or her Agency Head, in writing, that the APS employee wishes to return to the Agency to undertake duties.

 (2) The Agency Head must arrange for the APS employee to return to the Agency as soon as practicable.

 (3) The Agency Head must arrange for the APS employee to undertake duties at:

 (a) the employee’s corresponding classification for the purposes of section 5 of the Public Employment (Consequential and Transitional) Amendment Act 1999; or

 (b) if the APS employee was granted leave without pay, for the first time, after the commencing time — the employee’s classification immediately before the employee was granted leave without pay.

 (4) However, if the classification no longer exists, the Agency Head must arrange for the APS employee to undertake duties at an equivalent classification determined by the Agency Head.

2.3 Transitional — Prime Minister’s Public Service Amendment Directions 2005 (No. 1)

 (1) This clause applies if:

 (a) an Agency Head granted an application by an APS employee under subclause 2.1 (1), as in force before the commencement of the Prime Minister’s Public Service Amendment Directions 2005 (No. 1), for leave without pay to undertake employment:

 (i) in a full-time statutory appointment; or

 (ii) as a continuation of employment in a full-time statutory appointment; and

 (b) the period of leave has not expired.

Note   Subclause 2.1 (1) was amended in 2005 by the Prime Minister’s Public Service Amendment Directions 2005 (No. 1) to make new arrangements for the grant of leave without pay. The Amendment Directions commenced on the day after they were registered in accordance with the Legislative Instruments Act 2003.

 (2) The grant of leave without pay is not affected by the amendments of subclause 2.1 (1) made by those Directions.

 (3) If the APS employee applies to his or her Agency Head, in writing, for leave without pay to undertake employment as a continuation of that employment, the Agency Head may grant the application.

 (4) If the APS employee notifies his or her Agency Head, in writing, that the APS employee wishes to return to the Agency to undertake duties, subclauses 2.2 (2) to (4) apply to the Agency Head.

Chapter 3 APS‑wide training schemes for gaining skills and experience

3.1 Schemes

  An Agency Head may engage a person for a specified term, or for the duration of a specified task, for the purpose of the person gaining skills and experience under any of the following schemes for which the person is eligible:

 (a) the scheme known as the Aboriginal Employment Development Policy;

 (b) the scheme known as the Australian Traineeship System;

 (c) the scheme known as the Australian Public Service Post‑Secondary Industrial Training Scheme;

 (d) the scheme known as the Australian Public Service National Training Wage Program;

 (e) the scheme known as the Disability Employment Enhancement Scheme;

 (f) the scheme known as the Australian Public Service Apprenticeship Scheme;

 (g) the scheme known as New Apprenticeships.

Notes to the Prime Minister’s Public Service Directions 1999

Note 1

The Prime Minister’s Public Service Directions 1999 (in force under subsection 21 (1) of the Public Service Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Table of Amendments