Revocation of the Prime Minister's Public Service Directions 1999

Administered by Department of the Prime Minister and Cabinet

Legislation au F2013L01250 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2013 No.

Issued by the authority of the Prime Minister

Public Service Act 1999

Revocation of the Prime Minister’s Public Service Directions 1999

 

Background

Section 21 of the Public Service Act 1999 (the Act) provides that the Prime Minister may issue general directions in writing to Agency Heads relating to the management and leadership of Australian Public Service (APS) employees.

The original Prime Minister’s Public Service Directions 1999 (the PM’s Directions) came into effect on 5 December 1999.  Amendments were made to the PM’s Directions on 6 October 2005 to remove the requirement that an APS Agency Head must grant leave without pay to an APS employee who applies for such leave to take up a full-time statutory appointment.

The PM’s Directions are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA), but are not subject to the disallowance or sunsetting provisions of that Act (as provided by section 44 LIA, item 32 and section 54 LIA, item 37 respectively).  In accordance with subsection 56(1) of the LIA, the PM’s Directions are not required to be published in the Gazette, notwithstanding subsection 21(2) of the Act.

The Public Service Amendment Act 2013 amends the Act with effect from 1 July 2013 and provides authority for the Australian Public Service Commissioner (the Commissioner) to make directions on Agency Heads about a broad range of matters relating to employment in the APS.  The Australian Public Service Commissioner’s Directions 2013 (Commissioner’s Directions) were tabled on 14 March 2013 and come into effect on 1 July 2013.  In addition, certain amendments have been made to the Public Service Regulations 1999 (the Regulations) which also come into effect at this time.

Purpose of the legislative instrument

The purpose of the legislative instrument is to revoke the current PM’s Directions as the subject matters they convey are captured by arrangements that are made under the amendments made to the Act, the Commissioner’s Directions and by the Regulations.

The Act (as amended) retains the capacity for the Prime Minister to issue general directions in writing relating to management and leadership of APS employees in the future (e.g. for emergencies or as yet unforeseen circumstances).  The Act also makes it clear that Directions made by the Commissioner in relation to employment matters are not to be inconsistent with any Directions issued by the Prime Minister.

The PM’s Directions being revoked:

  • provide an automatic right for leave without pay, on application, to ongoing APS employees who take up employment under either the Members of Parliament (Staff) Act 1984 (MoPS Act) or the Governor-General Act 1974 (G-G Act); and
  • prescribe a number of APS-wide training schemes under which agencies can engage persons as non-ongoing APS employees for the purpose of gaining skills and experience

 

 

Leave without pay arrangements

The Commissioner’s Directions that come into effect on 1 July 2013 mirror the current PM’s Directions, including mandatory leave without pay provisions for APS employees wanting to take up employment under the Members of Parliament (Staff) Act 1984 or the Governor-General Act 1974.  Following the revocation of the PM’s Directions that take effect from the end of
30 June 2013, the Commissioner’s Directions will continue the right of return to the APS for persons already on leave to take up such employment.  The rights of current or future employees to access leave and return to the APS are not adversely impacted under the new arrangements.

APS wide training schemes

The current arrangements prescribed in the PM’s Directions are no longer required.  A new provision has been included in amendments made to the Regulations which will allow the Commissioner (and APS Agency Heads) to approve employment schemes for the purpose of enabling persons to gain skills and experience by participating in the workforce.  Non-ongoing employment matters are generally included in the Regulations, so this provides an appropriate mechanism for approving any such schemes that are developed in the future.  In addition, the new direction making power in the Act will enable the Commissioner to issue directions on APS-wide training matters, should this be considered necessary.

Consultation

The Australian Public Service Commission undertook broad consultations across the APS and the Community and Public Sector Union on the recent amendments to the Public Service Act 1999, including in relation to the Commissioner’s Directions. 

Statement of compatibility with Human Rights

A statement of compatibility is not required for these Directions as this legislative instrument is not subject to disallowance (provided by section 44 of the Legislative Instruments Act 2003, item 32).

Notes on legislative instrument

The authority to revoke the PM’s Directions is provided under subsection 21(1) of the Public Service Act 1999, read concurrently with section 33(3) of the Acts Interpretation Act 1901.


 

 

 

 

 

Overview

The Public Service Amendment Act 2013, enacted by the Parliament of Australia, addresses the need to streamline and clarify the governance of the Australian Public Service (APS) by revoking the Prime Minister’s Public Service Directions 1999. This legislative instrument facilitates the transition from the Prime Minister’s authority to issue directions to the Australian Public Service Commissioner, allowing for more efficient and centralised management of APS employment matters. The policy objective is to ensure that the APS operates with clear and consistent guidelines while maintaining flexibility to address unforeseen circumstances. The revocation of the PM’s Directions aligns with the broader reforms introduced by the Public Service Amendment Act 2013, which empower the Commissioner to issue directions that govern various aspects of APS employment, including leave without pay and APS-wide training schemes.

Scope and Application

The Public Service Act 1999, as amended, governs the Australian Public Service (APS), providing a framework for the management and leadership of APS employees. Under this Act, the Prime Minister has the authority to issue general directions in writing to Agency Heads concerning the management and leadership of APS employees. The Prime Minister’s Public Service Directions 1999, originally enacted on 5 December 1999, have been revoked by a legislative instrument issued under the authority of the Prime Minister. This revocation aligns with amendments to the Act and the introduction of Australian Public Service Commissioner’s Directions 2013, which take effect from 1 July 2013. These changes ensure that the Commissioner, rather than the Prime Minister, now has the authority to issue directions on a broad range of employment matters in the APS, including APS-wide training schemes. Despite the revocation of the PM’s Directions, the Act retains the capacity for the Prime Minister to issue directions in future circumstances, such as emergencies or unforeseen events. Importantly, any directions issued by the Commissioner must not conflict with any directions issued by the Prime Minister.

Key Provisions

The key sections of the Public Service Amendment Act 2013 (section 21) and the Commissioner’s Directions 2013 (section 56) outline the revocation of the Prime Minister’s Public Service Directions 1999. This legislative instrument revokes the current directions due to the changes made by the Public Service Amendment Act 2013 and the Commissioner’s Directions, which came into effect on 1 July 2013. These new directions address the same issues as the old directions, but are now issued by the Australian Public Service Commissioner (Commissioner) rather than the Prime Minister. The Commissioner’s Directions maintain the automatic right for leave without pay for ongoing Australian Public Service (APS) employees who take up employment under the Members of Parliament (Staff) Act 1984 or the Governor-General Act 1974, and also cover APS-wide training schemes. The Public Service Act 1999 imposes obligations on the Commissioner and Agency Heads to ensure that employment practices within the APS comply with the new directions. These obligations include implementing the Commissioner’s Directions on leave without pay and APS-wide training schemes. The Act mandates that these directions must not be inconsistent with any future directions issued by the Prime Minister. Additionally, the Commissioner is now responsible for making directions on a broad range of employment matters, ensuring that these are consistent with any directions issued by the Prime Minister. The Public Service Amendment Act 2013, along with the Commissioner’s Directions and the Public Service Regulations 1999, outlines the consequences of non-compliance. While specific offences are not detailed in the explanatory statement, breaches of the Commissioner’s Directions or the Regulations could result in disciplinary action against APS employees or Agency Heads, depending on the nature and severity of the breach. However, the explanatory statement does not specify maximum penalties, leaving it to the discretion of the relevant authorities to determine appropriate sanctions based on the circumstances of each case. It is important for all parties to adhere to these directions to avoid any potential disciplinary or legal repercussions.

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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.