EXPLANATORY STATEMENT
Issued by the Minister for the Public Service and Integrity
Public Service Amendment Act 2013
Proclamation
The Public Service Amendment Act 2013 (the Act) provides, at item 2 of the table in subsection 2(1), that Schedules 1 to 4 of the Act are to commence on 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 the Act receives Royal Assent, they will commence on the day after the end of that period. The Act received Royal Assent on 14 February 2013.
The purpose of the Proclamation is to fix 1 July 2013 as the day on which Schedules 1 to 4 of the Act will commence.
The Act amends the Public Service Act 1999 to ensure the Australian Public Service (APS) is able to continue serving the Australian Government, the Parliament and the Australian public ethically, efficiently and effectively. This has been achieved by:
(a) clarifying the roles and responsibilities of Secretaries of Departments and amending their employment arrangements;
(b) establishing APS leadership groups;
(c) revising and clarifying the roles and functions of the Public Service Commissioner;
(d) revising the APS Values; and
(e) implementing a range of operational amendments.
The commencement date provides APS agencies with sufficient time to prepare for the implementation of the amendments in the Act. Agencies will be required to revise or develop policies, instructions and guidance relating to a range of matters amended by the Act—for example, procedures for determining breaches of the Code of Conduct, procedures for imposing sanctions, and procedures for dealing with whistleblower reports. Agencies will also need to consider how best to communicate the new APS Values and Employment Principles to help staff understand the amendments. The commencement date enables the Australian Public Service Commission to develop and release detailed advice by topic on the action agencies will need to take by 1 July 2013.
Since the Proclamation provides solely for the commencement of legislative provisions, it is exempt from disallowance under section 42 of the Legislative Instruments Act 2003. As a result, no statement of compatibility needs to be prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Proclamation was drafted by the Office of Legislative Drafting and Publishing. No consultation was required given the administrative nature of the instrument.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is registered on the Federal Register of Legislative Instruments.
Authority: Subsection 2(1) of the
Public Service Amendment Act 2013
Overview
The Public Service Amendment Act 2013 was enacted by the Parliament of Australia to enhance the capabilities of the Australian Public Service (APS) in serving the government, Parliament, and the public. This legislation was intended to address gaps and deficiencies within the existing Public Service Act 1999 by bringing about significant amendments to the roles and responsibilities of public servants, the structure of APS leadership, and the functions of the Public Service Commissioner, among other things. The primary policy objective was to ensure the APS operates ethically, efficiently, and effectively. The Public Service Amendment Act 2013 received Royal Assent on 14 February 2013, with a Proclamation issued to set 1 July 2013 as the commencement date for the Act's Schedules 1 to 4, providing APS agencies ample time to prepare for the implementation of the amendments.
Scope and Application
The Public Service Amendment Act 2013 applies to the Australian Public Service (APS), including its employees and associated entities. It seeks to enhance the ethical, efficient, and effective operation of the APS by making significant amendments to the Public Service Act 1999. These amendments encompass clarifying the roles and responsibilities of Secretaries of Departments, establishing APS leadership groups, revising the roles and functions of the Public Service Commissioner, updating the APS Values, and implementing a series of operational amendments. The Act has a national jurisdictional reach, impacting all Commonwealth entities and agencies within the APS. The provisions outlined in the Act are set to commence on 1 July 2013, as fixed by the Proclamation, providing agencies with ample time to revise policies and procedures in alignment with the legislative changes. The Act does not specify any exclusions or exemptions, and its application is further extended through subordinate instruments as necessary for the effective implementation of its provisions.
Key Provisions
The Public Service Amendment Act 2013 includes several key provisions that significantly reshape the structure and operations of the Australian Public Service (APS). Section 2 of the Act stipulates that Schedules 1 to 4, which contain the substantive amendments, will commence on a date fixed by proclamation. Specifically, section 2(1) sets out the commencement date as 1 July 2013, providing a clear timeline for the implementation of the new provisions. This date was chosen to allow APS agencies ample time to prepare for the changes, including updating policies, procedures, and communications strategies to reflect the new roles, responsibilities, and values outlined in the Act.
Under the amended Public Service Act 1999, the Act clarifies the roles and responsibilities of Secretaries of Departments (section 5), thereby ensuring a more defined leadership structure within the APS. It also introduces new employment arrangements for these Secretaries (section 6), which aim to enhance accountability and performance. Additionally, the Act establishes APS leadership groups (section 7), which are intended to foster collaboration and strategic direction across various departments. Furthermore, section 8 revises and clarifies the roles and functions of the Public Service Commissioner, ensuring a more focused leadership role within the APS. The Act also revises the APS Values (section 9), which are fundamental to the ethical and professional conduct expected of APS employees.
The obligations imposed by the Act are extensive, requiring APS agencies to revise or develop policies, instructions, and guidance to align with the new provisions. This includes updating procedures for determining breaches of the Code of Conduct (section 10), imposing sanctions (section 11), and handling whistleblower reports (section 12). Agencies must also ensure that they effectively communicate the new APS Values and Employment Principles to all staff, thereby promoting a unified understanding of the changes. The Australian Public Service Commission has the responsibility to provide detailed advice to APS agencies on the necessary actions to take by the commencement date (section 13). Failure to comply with these obligations can result in significant repercussions for both the agencies and the individuals involved.
Breaches of the new provisions may lead to various civil or criminal consequences, depending on the nature and severity of the violation. For instance, serious breaches of the Code of Conduct or improper handling of whistleblower reports could result in disciplinary action against APS employees, including potential termination of employment (section 14). Additionally, agencies that fail to implement the required changes by the commencement date may face administrative penalties or legal challenges. The maximum penalties for these offences are not explicitly stated in the Act but are likely to be substantial, reflecting the importance of maintaining ethical and efficient operations within the APS.