Public Service Amendment Act 2024

Administered by Department of the Prime Minister and Cabinet

Legislation au C2024A00044 In force Act

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No. 44, 2024

An Act to amend the Public Service Act 1999, and for other purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Public Service Act 1999

Public Service Amendment Act 2024

No. 44, 2024

An Act to amend the Public Service Act 1999, and for other purposes

[Assented to 11 June 2024]

The Parliament of Australia enacts:

1 Short title

This Act is the Public Service Amendment Act 2024.

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
Provisions	Commencement	Date/Details
1. The whole of this Act	A single day to be fixed by Proclamation. However, if the provisions 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.	11 December 2024

Note: This table relates only to the provisions of this Act as originally enacted.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 Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Public Service Act 1999

1 Section 7

Insert:

Agency website means a website maintained by an Agency.

State of the Service report means a report referred to in subsection 44(1).

2 At the end of section 10

Add:

Stewardship

(6) The APS builds its capability and institutional knowledge, and supports the public interest now and into the future, by understanding the long‑term impacts of what it does.

6 Section 19

Omit “An Agency Head is not subject to direction by any Minister”, substitute “A Minister must not direct an Agency Head”.

7 At the end of Part 3

Add:

19A Agency Heads to implement measures to create a work environment that enables decisions to be made by APS employees at lowest appropriate classification

(1) The Agency Head of an Agency must implement measures that create a work environment within the Agency that enables decisions to be made by APS employees with classifications that the Agency Head considers are the lowest appropriate for those decisions.

(2) For the purposes of subsection (1), an Agency Head must have regard to:

(a) the work level standards for classifications (if any) that are referred to in the Classification Rules; and

(b) any other matter the Agency Head considers relevant.

(3) A failure to comply with subsection (1) does not affect the validity of a decision.

8 At the end of Division 1 of Part 5

Add:

44A Capability reviews

Capability review of Agencies other than the Australian Public Service Commission

(1) The Commissioner may, at any time, cause a capability review of an Agency (other than the Australian Public Service Commission) to be undertaken under this subsection.

(2) However, the Commissioner must cause a capability review of each Department, Services Australia and the Australian Taxation Office to be undertaken under subsection (1) at least once every:

(a) 5 years; or

(b) if the Commissioner determines, in writing, another number of years in relation to the Agency—that other number of years.

Capability review of Australian Public Service Commission

(3) The Secretary of the Prime Minister’s Department must cause a capability review of the Australian Public Service Commission to be undertaken under this subsection at least once every:

(a) 5 years; or

(b) if the Secretary determines, in writing, another number of years—that other number of years.

Capability review requirements

(4) If a person causes a capability review of an Agency to be undertaken under subsection (1) or (3), the person must:

(a) notify the Agency Head of the Agency, in writing, of the review; and

(b) appoint one or more persons, in writing, to undertake the review; and

(ba) ensure that the person or persons who undertake the review consult the Agency Minister of the Agency in undertaking the review; and

(i) the person who caused the review to be undertaken; and

(ii) the Agency Head of the Agency; and

(ca) decide whether to do either of the following under subsection (11):

(i) remove material from the copy of the report that is to be published;

(ii) not publish the report; and

(cb) give the Public Service Minister:

(i) the report; and

(ii) notice of the decision mentioned in paragraph (ca); and

(iii) if material is removed as mentioned in subparagraph (ca)(i)—the copy of the report that is to be published; and

(d) unless a decision not to publish the report is made under subsection (11)—ensure that the report or the copy mentioned in subparagraph (ca)(i) of this subsection (as the case may be) is published on an Agency website as soon as practicable after the report is given to the Public Service Minister.

(5) The Agency Head of an Agency must cooperate with a capability review of the Agency under subsection (1) or (3).

(6) A report of a capability review under subsection (1) or (3):

(a) must include one or more findings; and

(b) may include one or more recommendations.

(7) If one person is appointed under paragraph (4)(b) to undertake a capability review, the person must not be:

(a) an APS employee; or

(b) an Agency Head.

(8) If more than one person is appointed under paragraph (4)(b) to undertake a capability review, at least one of the persons must not be:

(a) an APS employee; or

(b) an Agency Head.

Report to be tabled

(8A) Subject to subsections (8B) and (8C), the Public Service Minister must cause a copy of a report of a capability review under subsection (1) or (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(8B) If the person who caused the capability review to be undertaken has removed material under subsection (11), the copy of the report that the Public Service Minister must cause to be tabled for the purposes of subsection (8A) is the copy that is, or is to be, published.

(8C) Subsection (8A) does not apply if the person who caused the capability review to be undertaken has decided under subsection (11) not to publish the report.

Determinations of longer or shorter review periods

(9) A person must not make a determination under paragraph (2)(b) or (3)(b) unless satisfied that there are exceptional circumstances.

(10) A determination made under paragraph (2)(b) or (3)(b) is not a legislative instrument.

Exception to requirement to publish

(11) For the purposes of paragraph (4)(ca), a person who causes a capability review into an Agency to be undertaken under subsection (1) or (3) and receives a written report of the review may:

(a) remove material from the copy of the report that is to be published; or

(b) decide not to publish the report;

if publishing the material or the report (as the case may be) would, or could reasonably be expected to, damage:

(d) the defence of the Commonwealth; or

(e) the international relations of the Commonwealth.

Other capability reviews

(12) This section does not prevent the Agency Head of an Agency from conducting a capability review otherwise than under subsection (1) or (3).

44B Action plans

(1) If:

(a) a capability review of an Agency is undertaken under subsection 44A(1) or (3); and

(b) a written report of the review is given to the Agency Head of the Agency under subparagraph 44A(4)(c)(ii);

then the Agency Head must, within 90 days after the report is given to the Agency Head:

(d) publish the action plan on an Agency website.

(2) However, the person who caused the capability review into the Agency to be undertaken may, by writing:

(a) authorise the Agency Head to remove specified material from the copy of the action plan that is published; or

(b) exempt the Agency Head from publishing the action plan;

if publishing the material or the action plan (as the case may be) would, or could reasonably be expected to, damage:

(d) the defence of the Commonwealth; or

(e) the international relations of the Commonwealth.

9 At the end of subsection 64(3)

Add:

; (f) such other functions as are conferred on the Secretaries Board by this Act.

10 At the end of Part 8

Add:

64A Long‑term insights reports

(1) The Secretaries Board may cause long‑term insights reports to be prepared in relation to one or more matters of public policy.

(2) The purpose of a long‑term insights report is to make available:

(a) information about medium‑term and long‑term trends, risks, and opportunities that affect or may affect Australia or Australian society; and

(b) information and impartial analysis relating to those trends, risks and opportunities.

(3) The preparation of a long‑term insights report must make provision for public consultation.

(3A) As soon as practicable after a long‑term insights report has been completed, the Secretaries Board must give the report to the Public Service Minister.

(3B) The Public Service Minister must cause a copy of a long‑term insights report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

(4) As soon as practicable after a long‑term insights report has been given to the Public Service Minister, the report must be published, in the manner and form the Secretaries Board considers appropriate:

(a) on an Agency website; and

(b) if the Secretaries Board considers appropriate—elsewhere.

(5) An Agency may assist in the preparation of a long‑term insights report.

(6) The Secretaries Board must cause at least one long‑term insights report to be prepared each financial year.

11 At the end of subsection 78(8)

Add:

; or (c) a member of the Australian Defence Force.

12 After section 78A

Insert:

78B Australian Public Service Employee Census—results and action plans

Scope

(1) This section applies if a survey known as an Australian Public Service Employee Census is conducted in a financial year.

Preparation of action plan

(2) The Agency Head of an Agency must:

(a) prepare an action plan that sets out the Agency Head’s response to the census results, so far as those results relate to the Agency; and

(b) do so as soon as practicable after those results are made known to the Agency Head.

Publication of census results and action plan

(3) The Agency Head must:

(a) publish:

(i) the census results, so far as those results relate to the Agency; and

(ii) the action plan prepared by the Agency Head under subsection (2); and

(b) do so as soon as practicable after the first day on which a copy of the State of the Service report for the financial year is laid before a House of the Parliament.

Exemptions

(4) The Commissioner may, by writing, exempt an Agency Head from publishing, under subsection (3), either or both of the following:

(a) census results;

(b) an action plan.

Authorisation of removal of material

(5) The Commissioner may, by writing, authorise an Agency Head to remove specified material from either or both of the following:

(a) the copy of the census results;

(b) the copy of an action plan;

that is published by the Agency Head under subsection (3).

Protection of individual privacy

(6) An Agency Head must remove any material that is reasonably likely to enable the identification of an individual from:

(a) the copy of the census results; or

(b) the copy of an action plan;

that is published by the Agency Head under subsection (3).

Exemptions and authorisations are not legislative instruments

(7) An exemption under subsection (4) is not a legislative instrument.

(8) An authorisation under subsection (5) is not a legislative instrument.

[Minister’s second reading speech made in—

House of Representatives on 14 June 2023

Senate on 2 August 2023]

(74/23)

Overview

The Public Service Amendment Act 2024 (C2024A00044) was enacted by the Parliament of Australia to address certain gaps and enhance the functionality of the Public Service Act 1999. This amendment act aims to refine the governance and operational frameworks within the Australian Public Service (APS), ensuring better alignment with current public service needs and expectations. One of the primary objectives is to improve the capability and institutional knowledge of the APS by mandating reviews and action plans to address identified deficiencies and to support informed decision-making at appropriate levels within the service. The act also seeks to clarify roles and responsibilities, particularly around the directive authority of Ministers towards Agency Heads, and to establish a more structured approach to capability reviews and the dissemination of insights and action plans. The Public Service Amendment Act 2024 introduces several amendments to the Public Service Act 1999, including the introduction of new definitions, the imposition of obligations on Agency Heads to foster an environment conducive to decision-making at the lowest appropriate classification, and the establishment of a formal process for capability reviews and the publication of associated action plans. These measures are intended to enhance transparency, accountability, and the overall effectiveness of the APS, ensuring it remains a robust and responsive entity in serving the public interest.

Scope and Application

The Public Service Amendment Act 2024 applies to the Australian Public Service (APS) and its various agencies, with a particular focus on the responsibilities and conduct of Agency Heads. This Act amends the Public Service Act 1999 by introducing new obligations for Agency Heads, including implementing measures to create a work environment that facilitates decision-making by APS employees at the lowest appropriate classification. Furthermore, it mandates that Ministers must not direct Agency Heads, a change from the previous provisions. The Act also provides for capability reviews of agencies, including the requirement for these reviews to be conducted by independent persons not affiliated with the APS. The Commissioner is empowered to cause these reviews, which must be undertaken at least once every five years unless exceptional circumstances warrant a different timeframe. The Act also outlines the procedures for publishing and tabling the reports of these reviews in Parliament, with provisions for withholding or redacting material if it is deemed to be detrimental to national security, defence, or international relations. Additionally, the Act requires Agency Heads to prepare and publish action plans in response to capability reviews and mandates the preparation of long-term insights reports by the Secretaries Board. The Act's provisions apply across the Commonwealth of Australia and will be enforced according to the commencement date set by the Governor-General's Proclamation.

Key Provisions

The Public Service Amendment Act 2024 introduces several key provisions that amend the Public Service Act 1999. The Act defines a new term, "Agency website," meaning a website maintained by an agency (Section 7). It also adds new provisions regarding stewardship, stating that the Australian Public Service (APS) builds its capability and institutional knowledge by understanding the long-term impacts of its actions (Section 10). A significant change is the prohibition of Ministers from directing Agency Heads, replacing the previous statement that an Agency Head is not subject to direction by any Minister (Section 19). Furthermore, Agency Heads are mandated to implement measures to create a work environment that enables decisions to be made by APS employees at the lowest appropriate classification (Section 19A). The Act imposes several obligations on the parties it governs. Agency Heads are required to implement measures to create a conducive work environment (Section 19A(1)). They must consider work level standards for classifications and any other relevant matters when doing so. Additionally, the Commissioner is tasked with causing capability reviews of agencies, with specific reviews required for certain agencies at least every five years (Section 44A). The Secretary of the Prime Minister’s Department must conduct a capability review of the Australian Public Service Commission under similar conditions (Section 44A(3)). The person causing a capability review must notify the relevant Agency Head, appoint one or more persons to undertake the review, and ensure the review is conducted in consultation with the Agency Minister (Section 44A(4)). Agency Heads are obligated to cooperate with capability reviews of their agencies (Section 44A(5)). The person conducting the review must provide a report to the Public Service Minister and ensure the report is published, unless there are security, defence, or international relations concerns (Sections 44A(4), 44A(11)). Agency Heads must prepare and publish an action plan in response to capability review findings (Section 44B). The Secretaries Board is authorised to prepare long-term insights reports and must publish these reports (Sections 64A, 64A(3B), 64A(4)). Agency Heads are required to prepare and publish action plans in response to Australian Public Service Employee Census results (Section 78B(2)-(3)). Breaches of the obligations and requirements imposed by the Act may lead to various consequences. While the Act does not explicitly outline criminal or civil penalties for non-compliance, failure to adhere to the requirements may result in reports not being published or action plans not being prepared and published, potentially leading to transparency issues and a lack of accountability. Additionally, any decision not to publish a capability review report or an action plan must be justified on grounds of security, defence, or international relations, and any exemptions or authorisations granted by the Commissioner are not considered legislative instruments (Sections 44A(11), 64A(7)-(8), 78B(7)-(8)). The Act’s focus on transparency, accountability, and long-term strategic planning underscores the importance of compliance to ensure effective governance and public service delivery.

Area of Law: Public Administration
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Licensing & Registration; Regulatory Standards; Consultation Requirements

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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