Public Service Amendment Act 2013
No. 2, 2013
An Act to amend the Public Service Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Public Service Act 1999
Part 1—Secretaries
Public Service Act 1999
Part 2—Secretaries Board
Public Service Act 1999
Part 3—Senior Executive Service
Public Service Act 1999
Part 4—The Australian Public Service Commissioner
Public Service Act 1999
Part 5—Special Commissioners
Public Service Act 1999
Part 6—APS Values and APS Employment Principles
Public Service Act 1999
Part 7—Code of Conduct
Public Service Act 1999
Part 8—Whistleblower reports
Public Service Act 1999
Part 9—Review of actions
Public Service Act 1999
Part 10—Non‑ongoing APS employees
Public Service Act 1999
Part 11—Machinery of government changes
Public Service Act 1999
Part 12—Confidentiality of information
Public Service Act 1999
Part 13—Immunity from suit
Public Service Act 1999
Part 14—Legislative instruments
Public Service Act 1999
Part 15—Miscellaneous amendments
Public Service Act 1999
Schedule 2—Repeal
Public Employment (Consequential and Transitional) Amendment Act 1999
Schedule 3—Amendment of other Acts
Australian Federal Police Act 1979
Australian Law Reform Commission Act 1996
Family Law Act 1975
Ombudsman Act 1976
Parliamentary Service Act 1999
Privacy Act 1988
Remuneration Tribunal Act 1973
Superannuation Act 1976
Superannuation Act 1990
Schedule 4—Application, saving and transitional provisions
Part 1—Preliminary
Part 2—Secretaries
Part 3—Senior Executive Service
Part 4—The Australian Public Service Commissioner
Part 5—APS Values and APS Employment Principles
Part 6—Code of Conduct
Part 7—Whistleblower reports
Part 8—Review of actions
Part 9—Non‑ongoing APS employees
Part 10—Machinery of government changes
Part 11—Confidentiality of information
Part 12—Immunity from suit
Part 13—Legislative instruments
Part 14—Miscellaneous
Part 15—Regulations
Public Service Amendment Act 2013
No. 2, 2013
An Act to amend the Public Service Act 1999, and for related purposes
[Assented to 14 February 2013]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Public Service Amendment Act 2013.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 14 February 2013 |
2. Schedules 1, 2, 3 and 4 | A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 July 2013 (see F2013L00484) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this…
Overview
The Public Service Amendment Act 2013, enacted by the Parliament of Australia, seeks to amend the Public Service Act 1999, addressing gaps in the legislation to better align with modern public sector management practices. This Act introduces significant changes to the roles and responsibilities of Secretaries, the functions of the Australian Public Service Commissioner (APSC), and the framework for managing alleged breaches of the Code of Conduct within the Australian Public Service (APS). It also introduces provisions for the protection of whistleblowers, and enhances the confidentiality and integrity of information within the public service. The overarching policy objective of the Act is to foster a more professional, accountable, and efficient public service that upholds the highest standards of integrity, ethics, and performance.
Scope and Application
The Public Service Amendment Act 2013 (C2013A00002) amends the Public Service Act 1999, affecting the roles, responsibilities, and conduct of individuals within the Australian Public Service (APS). It applies to the Australian Public Service Commissioner, the Merit Protection Commissioner, agency heads, and APS employees, including those in the Senior Executive Service. The Act also extends to former APS employees and statutory office holders. Geographically, it has a Commonwealth reach. The Act introduces amendments that include changes to the roles of Secretaries, the functions of the Secretaries Board, and the responsibilities of the Australian Public Service Commissioner. It also modifies the Code of Conduct, procedures for dealing with alleged breaches, and the protection and confidentiality of information. Subordinate instruments may extend or restrict the application of the Act. The Act includes provisions for transitional arrangements to ensure continuity in ongoing inquiries, investigations, and determinations related to the APS.
Key Provisions
- The Public Service Amendment Act 2013 amends the Public Service Act 1999, introducing several key changes to the roles and responsibilities of Secretaries, the Australian Public Service (APS) Commissioner, and other aspects of public service management. The roles and responsibilities of Secretaries are expanded to include providing leadership, strategic direction, and a focus on results for their Departments. The appointment and termination processes for Secretaries are detailed, specifying that appointments are made by the Governor-General on the recommendation of the Prime Minister and can be terminated by the Governor-General on the Prime Minister's recommendation. Annual performance reviews for Secretaries are mandated, overseen by the Secretary of the Prime Minister's Department and the Commissioner.
- The functions of the APS Commissioner are enhanced, focusing on strengthening professionalism, upholding integrity, and monitoring APS capabilities. The Commissioner is given powers to review and report on APS matters, conduct inquiries into alleged breaches of the Code of Conduct, and evaluate workforce management policies. The Commissioner may also delegate certain powers to former senior officials.
- The Code of Conduct is updated to ensure APS employees behave in a manner that upholds APS values and the integrity of their agencies. Procedures for determining breaches of the Code of Conduct are established, with the ability to vary these procedures based on the category of APS employee or former APS employee involved.
- Whistleblower protections are strengthened, requiring Agency Heads to establish procedures for handling whistleblower reports and allowing for reports to be made to the Commissioner or Merit Protection Commissioner. The Act also introduces protections for information obtained in connection with the performance of certain functions, limiting the disclosure and use of such information.
- Penalties for breaches of the Public Service Act 1999 are specified, with maximum penalties for offences against regulations set at 50 penalty units. The Act also provides immunity from civil proceedings for actions taken in good faith by the APS Commissioner, Merit Protection Commissioner, and their delegates in connection with the performance of their functions.
- Overall, the Public Service Amendment Act 2013 aims to enhance the governance, accountability, and integrity of the Australian Public Service by clarifying roles, strengthening oversight mechanisms, and updating procedural requirements.
- Area of Law
- Public Administration
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Transitional Provisions
- Regulatory Standards
- Enforcement Powers
- Whistleblower Protections
