{"id":"F2019L01713","name":"Prime Minister’s direction under subsection 21(1)","slug":"prime-minister-s-direction-under-subsection-21-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100528,"registerId":"commonwealth-F2019L01713-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Prime Minister’s direction under subsection 21(1)","content":"![](image.001.png)\n\nPublic Service Act 1999\n\nPrime Minister’s direction under subsection 21(1)\n\nDirection under subsection 21(1) of the Public Service Act 1999 - granting of paid leave to APS employees who are members of a recognised volunteer service and are deploying as part of an emergency service response\n\nI, Scott Morrison, Prime Minister of Australia, issue the following direction to Agency Heads in relation to the management of APS employees.\n\n1.  Subject to clauses 2 to 6, I direct that Agency Heads use all powers available to them, including the power under section 24 of the Public Service Act 1999, to ensure leave is granted (volunteer leave) on full pay to APS employees who are registered members of a recognised volunteer service and are deploying as part of an emergency service response (APS volunteer).\n2.  The minimum period of volunteer leave to be made available is 20 working days or 28 calendar days each year. Volunteer leave may also be used to cover reasonable travel and recovery requirements associated with deploying as part of an emergency services response.\n3.  The entitlement to leave shall arise on 1 January each year but the period of leave shall not accrue from year to year.\n4.  An Agency Head may refuse to grant leave to an APS volunteer only if, in the opinion of the Agency Head and with the agreement of the Australian Public Service Commissioner, granting the leave would significantly disrupt the provision of services to the Australian public.\n5.  Nothing in this direction prevents Agency Heads from providing additional leave beyond that specified above, including for emergency services training.\n6.  The Australian Public Service Commissioner will issue guidance for Agency Heads about the application of this direction.\n\nSigned:\n\nSCOTT MORRISON  \nPRIME MINISTER\n\n24 DECEMBER 2019","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This direction appears to serve its original purpose precisely — establishing a specific paid leave entitlement for APS volunteer emergency responders. There is no evidence of scope creep; it is a targeted, discrete administrative direction without extraneous provisions."},"complexity_factors":["Very short document (6 operative clauses plus preamble)","No defined terms section — terms like 'recognised volunteer service' and 'emergency service response' rely on external/common understanding","Minimal cross-referencing (only references to Public Service Act sections 21(1) and 24)","Simple conditional structure (one exception in clause 4, straightforward subject-to clauses)","No nested exceptions or complex formulae","Clear, directive language ('I direct that', 'shall', 'may')"],"plain_english_summary":"This instruction requires agency heads to grant paid leave to APS employees who are registered emergency-service volunteers so they can respond to disasters without losing pay. It sets a minimum entitlement (20 working days / 28 calendar days per year), covers travel and recovery time, and resets annually with no carryover.\n\nAgency refusal is tightly limited — only for genuine serious disruption and with the APS Commissioner’s agreement — ensuring public servants can deploy swiftly when communities need them."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The direction establishes a paid volunteer leave entitlement for eligible APS employees and sets rules for its use. The text contains no statement purporting to narrow or expand prior statutory definitions beyond this direction; therefore there is no clear indication within the instrument that it changes the scope of existing law or prior entitlements."},"complexity_factors":["Direction relies on Agency Heads using 'all powers available', including section 24 powers (cl.1) — requires agencies to interpret and apply broader statutory powers to implement leave.","Refusal path requires both Agency Head judgement and agreement of the Australian Public Service Commissioner (cl.4) — creates a two‑actor discretionary check and potential delays.","Entitlement mechanics: fixed annual allocation, non‑accrual, annual reset on 1 January (cl.2–3) — requires annual scheduling and recordkeeping.","Scope terms like 'recognised volunteer service' and 'deploying as part of an emergency service response' are not defined in the direction (cl.1) — leaves scope and eligibility questions for agencies/Commissioner guidance.","Includes travel and recovery as permissible uses of leave (cl.2) — broadens allowable absence purposes and tracking needs.","Allows agencies to grant additional leave (cl.5) — permits variable agency-level policies and inconsistent application across the APS.","Implementation depends on forthcoming Commissioner guidance (cl.6) — places practical detail and some rulemaking on an administrative actor.","Fiscal impact falls on agency payroll budgets (implicit in paid leave requirement) — creates distributed cost across departments with potential budgetary trade-offs."],"plain_english_summary":"Requires Agency Heads to grant paid \"volunteer leave\" to APS employees who are registered members of a recognised volunteer service when they deploy in emergency responses. Minimum 20 working days / 28 calendar days each year, entitlement arises 1 January and does not accrue; an Agency Head may refuse only if granting the leave would \"significantly disrupt\" services and the Australian Public Service Commissioner agrees (cl.1–4). Agencies pay employees and must apply Commissioner guidance when managing the leave (cl.6)."}},"importantCases":[],"_links":{"self":"/api/acts/prime-minister-s-direction-under-subsection-21-1","history":"/api/acts/prime-minister-s-direction-under-subsection-21-1/history","analysis":"/api/acts/prime-minister-s-direction-under-subsection-21-1/analysis","conflicts":"/api/acts/prime-minister-s-direction-under-subsection-21-1/conflicts","importantCases":"/api/acts/prime-minister-s-direction-under-subsection-21-1/important-cases","documents":"/api/acts/prime-minister-s-direction-under-subsection-21-1/documents"}}