Public Service (Commissioner's Functions) Direction 2026

Administered by Department of the Prime Minister and Cabinet

Legislation au F2026L00582 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Prime Minister

 

Public Service Act 1999

 

Public Service (Commissioner’s Functions) Direction 2026

 

PURPOSE AND OPERATION OF THE INSTRUMENT

 

The Public Service Act 1999 (the Act) establishes the position of Australian Public Service Commissioner (section 40). Section 41 of the Act enumerates the Commissioner’s functions, which include, under paragraph 41(2)(q), “such other functions as the Prime Minister, by legislative instrument, directs the Commissioner to perform”.

 

The Public Service (Commissioner’s Functions) Direction 2026 (the Direction) regularises the functions of the Commissioner by directing the Commissioner to:

 

  • provide advice and assistance on workplace relations matters to Australian Public Service (APS) Agencies, non-APS Agencies, and the Public Service Minister;

 

  • develop and administer policies and guidance related to remuneration and terms and conditions of employment of APS employees and employees of non-APS Agencies; and

 

  • conduct centralised bargaining for Agencies, and other participating non-APS Agencies.

 

This ensures that the Australian Public Service Commission (APSC) is the Commonwealth’s central agency for workplace relations matters and can support APS Agencies and non-APS Agencies through setting terms and conditions for employees. The direction to perform these functions only applies as and when the Commissioner considers appropriate, consistently with Government policy.

 

The Direction is a legislative instrument for the purposes of the Legislation Act 2003. However, it is not subject to disallowance or sunsetting under the Legislation Act 2003 pursuant to the Legislation (Exemptions and Other Matters) Regulation 2015.

 

Details of the Direction are included in Attachment A. A Statement of Compatibility with Human Rights is included in Attachment B.

 

Commencement

 

The Direction commences on the day after it is registered.

 

Consultation

 

The APSC was consulted on the Direction.

Attachment A

 

NOTES ON SECTIONS

 

Section 1 – Name

 

This section provides that the name of the instrument is the Public Service (Commissioner’s Functions) Direction 2026.

 

Section 2 – Commencement

 

This section provides that the instrument commences on the day after it is registered.

 

Section 3 – Authority

 

This section provides that the instrument is made under section 41(2)(q) of the Public Service Act 1999 (the Act).

 

Section 4 – Definitions

 

This section states that “Commonwealth entity” and “Commonwealth company” have the same meanings as in the Public Governance, Performance and Accountability Act 2013. These organisations constitute the bulk of the non-APS Commonwealth public sector.

 

Section 5 – Direction

 

This section specifies the functions that the Prime Minister directs the Australian Public Service Commissioner to perform. The Commissioner is directed to:

 

  1.           provide advice and assistance on matters related to remuneration and terms and conditions of employment of APS employees and other employees of Commonwealth entities and Commonwealth companies, including to:

 

  1.             Agencies, Commonwealth entities and Commonwealth companies; and

 

  1.          the Public Service Minister;

 

  1.           develop and administer policies and guidance related to remuneration and terms and conditions of employment of APS employees and other employees of Commonwealth entities and Commonwealth companies; and

 

  1.           conduct centralised enterprise bargaining for Agencies, and other participating Commonwealth entities and Commonwealth companies.

 

These functions are consistent with the Commissioner, supported by the Australian Public Service Commission, being the central official and agency with responsibility for workplace relations and employment conditions across the Commonwealth public sector.

 

The direction to perform these functions only applies as and when the Commissioner considers appropriate, consistently with Government policy. This reflects that policy can change from time-to-time that affects whether it is appropriate for a function to be exercised. For example, it would be inappropriate for the Commissioner to conduct centralised bargaining on behalf of APS and non-APS Agencies if Government policy does not support such arrangements.

Attachment B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Public Service (Commissioner’s Functions) Direction 2026

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Public Service Act 1999 (the Act) establishes the position of Australian Public Service Commissioner. Section 41 of the Act enumerates the Commissioner’s functions, which includes under paragraph 41(2)(q) “such other functions as the Prime Minister, by legislative instrument, directs the Commissioner to perform”.

 

The Public Service (Commissioner’s Functions) Direction 2026 (the Direction) regularises the functions of the Commissioner by directing the Commissioner to:

 

  • provide advice and assistance on workplace relations matters to Australian Public Service (APS) Agencies, non-APS Agencies, and the Public Service Minister;
  • develop and administer policies and guidance related to remuneration and terms and conditions of employment of APS employees and employees of non-APS Agencies; and
  • conduct centralised bargaining for Agencies, and other participating non-APS Agencies.

 

This ensures that the Australian Public Service Commission is the Commonwealth’s central agency for workplace relations matters and can support APS Agencies and non-APS Agencies through setting terms and conditions for employees.

 

Human rights implications

 

This Legislative Instrument engages the right to the enjoyment of just and favourable conditions of work, which includes a right to fair wages and equal remuneration and safe and health working conditions in Article 7 of the International Covenant on Economic, Social and Cultural Rights.

 

The Legislative Instrument promotes the realisation of this right by ensuring that the Commissioner can:

 

  • centrally coordinate workplace relations matters for employees across the Commonwealth public sector to help make the Commonwealth and its agencies an employer of choice; and
  • develop and administer policies and programs that benefit employees in the Commonwealth public sector.

 

Conclusion

 

This Legislative Instrument is compatible with human rights because it promotes the right to the enjoyment of just and favourable conditions of work.

Overview

The Public Service (Commissioner’s Functions) Direction 2026 was enacted to provide clarity and direction on the functions of the Australian Public Service Commissioner, as established under the Public Service Act 1999. The Direction, issued under the authority of the Prime Minister, aims to ensure that the Commissioner can effectively advise and assist Australian Public Service (APS) Agencies, non-APS Agencies, and the Public Service Minister on workplace relations matters. It also directs the Commissioner to develop and administer policies and guidance related to remuneration and terms and conditions of employment for APS employees and employees of non-APS Agencies, as well as conduct centralised bargaining for participating Agencies and non-APS entities. This legislative instrument ensures that the Australian Public Service Commission remains the central agency for workplace relations matters in the Commonwealth public sector, enabling it to support agencies in setting terms and conditions for employees. The Direction is consistent with Government policy and promotes the right to just and favourable conditions of work as recognised in international human rights instruments.

Scope and Application

The Public Service (Commissioner’s Functions) Direction 2026 provides clarity and specificity to the functions of the Australian Public Service Commissioner as outlined in the Public Service Act 1999. This legislative instrument directs the Commissioner to provide advice and assistance on workplace relations matters to Australian Public Service (APS) Agencies, non-APS Agencies, and the Public Service Minister. Furthermore, it mandates the development and administration of policies and guidance related to the remuneration and terms and conditions of employment for APS employees and those of non-APS Agencies. Additionally, the Commissioner is directed to conduct centralised bargaining for APS Agencies and other participating non-APS Agencies. This arrangement ensures that the Australian Public Service Commission (APSC) remains the central agency for workplace relations matters within the Commonwealth public sector, thereby facilitating consistent and coherent policy implementation across both APS and non-APS entities. The Direction is applicable as and when the Commissioner deems it appropriate, in line with prevailing Government policy. This legislative instrument is not subject to disallowance or sunsetting under the Legislation Act 2003, as per the Legislation (Exemptions and Other Matters) Regulation 2015. The Direction was developed following consultation with the APSC and is compatible with human rights, particularly promoting the right to just and favourable conditions of work as recognised in international instruments.

Key Provisions

The Public Service (Commissioner’s Functions) Direction 2026 (the Direction) clarifies and regularises the functions of the Australian Public Service Commissioner under section 41(2)(q) of the Public Service Act 1999. Specifically, section 5 of the Direction directs the Commissioner to provide advice and assistance on workplace relations matters to Australian Public Service (APS) Agencies, non-APS Agencies, and the Public Service Minister. This includes matters related to remuneration and terms and conditions of employment of APS employees and employees of Commonwealth entities and companies. Furthermore, the Commissioner is directed to develop and administer policies and guidance related to the remuneration and terms and conditions of employment for these employees and to conduct centralised bargaining for Agencies and other participating Commonwealth entities and companies. These functions are intended to ensure that the Australian Public Service Commission (APSC) is the central agency for workplace relations matters across the Commonwealth public sector, enabling it to support APS Agencies and non-APS Agencies through setting terms and conditions for employees. The Direction imposes specific obligations on the Commissioner and the APSC. The Commissioner must provide the aforementioned advice and assistance, develop and administer relevant policies and guidance, and conduct centralised bargaining as directed. These activities must be carried out in a manner consistent with Government policy, meaning that the Commissioner may choose to exercise these functions only when it is appropriate and in line with current policy directives. This ensures that the Commissioner’s actions are aligned with the broader strategic goals and policies of the Government, allowing for flexibility in the exercise of these functions. Breaches of the obligations outlined in the Direction may have legal consequences. While the Direction itself does not explicitly state penalties for non-compliance, the underlying Public Service Act 1999 provides for various sanctions. Non-compliance with the Commissioner’s functions or directives could result in disciplinary action, including potential termination of employment for public servants. Additionally, any failure to adhere to the terms of the Direction might be subject to review or legal action under the Administrative Appeals Tribunal Act 1975 or other relevant legislation, potentially leading to judicial review or other civil remedies.

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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.