The APS Values, and these Directions, set out standards and outcomes that are required of APS employees and Agency Heads, taking account of an individual’s duties and responsibilities.
The APS Values can overlap, and actions can involve the application of more than one APS Value.
Each of the APS Values is of equal importance. There is no hierarchy of APS Values. There may be particular situations where there is tension between the different APS Values that are to be applied. In such cases, good judgment will need to be exercised to find the appropriate balance between competing demands.
1.1 Purpose of Chapter 1
The purpose of this Chapter is:
(a) to ensure that the APS incorporates and upholds the APS Values; and
(b) to determine, where necessary, the scope or application of the APS Values.
1.2 Committed to Service:
The APS is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Australian community and the Government
Having regard to an individual’s duties and responsibilities, upholding the APS Value in subsection 10(1) of the Act requires:
(a) engaging effectively with the community and working actively to provide responsive, client‑focussed service delivery;
(b) providing appropriate information to clients and the community about rights and entitlements, and the process for gaining access to them;
(c) ensuring that decisions and interactions with clients are objective and impartial, and in accordance with Government policy;
(d) encouraging innovative thought and supporting innovative solutions;
(e) supporting collaboration and teamwork, both internally (within an Agency), and externally (with other agencies and the wider community);
(f) promoting continuous improvement and managing change effectively;
(g) contributing to a culture of achievement;
(h) identifying and managing areas of potential risk;
(i) supporting a unified APS that is determined to serve the Government of the day and the Australian community;
(j) pursuing and supporting training and development to improve capability;
(k) planning time and priorities to deliver intended results;
(l) being responsive to Ministers (taking account of resource and time constraints), including being knowledgeable about the Government’s policies and understanding the relevant issues and options, the Government’s objectives and the environment in which it operates.
1.3 Ethical:
The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does
Having regard to an individual’s duties and responsibilities, upholding the APS Value in subsection 10(2) of the Act requires:
(a) acting in a way that models and promotes the highest standard of ethical behaviour;
(b) following through on commitments made;
(c) having the courage to address difficult issues;
(d) complying with all relevant laws, appropriate professional standards and the APS Code of Conduct;
(e) acting in a way that is right and proper, as well as technically and legally correct or preferable;
(f) reporting and addressing misconduct and other unacceptable behaviour by public servants in a fair, timely and effective way;
(g) supporting the strategic objectives of the Agency;
(h) providing leadership in policy development, implementation, program management and regulation;
(i) taking account of whole of government issues and concerns in developing and implementing policies and programs;
(j) supporting systems that give APS employees appropriate opportunities to develop and demonstrate leadership qualities.
1.4 Respectful:
The APS respects all people, including their rights and their heritage
Having regard to an individual’s duties and responsibilities, upholding the APS Value in subsection 10(3) of the Act requires:
(a) treating all people with dignity and recognising that all people have value;
(b) dealing with all people honestly and with integrity;
(c) recognising the importance of human rights and understanding Australia’s human rights obligations;
(d) recognising and fostering diversity;
(e) collaborating and being open to ideas in policy development, implementation, program management and regulation;
(f) complying with all relevant anti‑discrimination laws.
1.5 Accountable:
The APS is open and accountable to the Australian community under the law and within the framework of Ministerial responsibility
Having regard to an individual’s duties and responsibilities, upholding the APS Value in subsection 10(4) of the Act requires:
(a) being answerable to Ministers for the exercise of delegated authority, and, through them, to Parliament;
(b) being open to scrutiny and being transparent in decision making;
(c) being able to demonstrate that actions and decisions have been made with appropriate consideration;
(d) being able to explain actions and decisions to the people affected by them;
(e) being accountable for actions and decisions through statutory and administrative reporting systems;
(f) being able to demonstrate clearly that resources have been used efficiently, effectively, economically and ethically;
(g) being answerable for individual performance through performance management systems.
1.6 Impartial:
The APS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence
Having regard to an individual’s duties and responsibilities, upholding the APS Value in subsection 10(5) of the Act requires:
(a) serving the Government of the day, providing the same standard of high quality policy advice and implementation, and the same high quality professional support, irrespective of which political party is in power and of personal political beliefs;
(b) ensuring that the individual’s actions do not provide grounds for a reasonable person to question the ability of the individual to serve the Government of the day;
(c) ensuring that management and staffing decisions are made on a basis that is independent of the political party system, free from political bias and not influenced by the individual’s political beliefs;
(d) understanding the needs of the Government and providing it with the best objective, non‑partisan advice based on the best evidence available;
(e) providing advice that is relevant and comprehensive, is not affected by fear of consequences, and does not withhold important facts or bad news;
(f) providing advice that takes account of the context in which policy needs to be implemented, the broader policy directions set by Government and, where appropriate, implications for the longer term;
(g) implementing Government policies in a way that is free from bias, and in accordance with the law.
Chapter 2—Recruitment and selection
2.1A Overview
Part 2.1 of this Chapter determines the scope or application of APS Employment Principle 10A(1)(c) in circumstances relating to most promotions and most ongoing and long‑term non‑ongoing engagements. It defines the relevant terms and outlines the requirements of a merit‑based competitive selection process, including the additional requirements for a selection process to fill a Senior Executive Service (SES) vacancy.
Part 2.2 of this Chapter provides directions on the minimum requirements Agency Heads must meet in relation to decisions for short‑term engagements or promotions and in other circumstances where APS Employment Principle 10A(1)(c) is modified.
Part 2.3 of this Chapter provides directions relating to the ongoing or temporary assignment of duties under section 25 of the Act (other than as a result of promotion) and ongoing or temporary moves between Agencies under section 26 of the Act.
Part 2.4 of this Chapter provides directions relating to the gazettal of employment decisions and the dates of effect of promotions.
Part 2.1—Engagement and promotion—standard provisions
Division 1—Preliminary
2.1 Purpose of Part 2.1
The purpose of this Part is:
(a) to determine the scope or application of APS Employment Principle 10A(1)(c), relating to engagement and promotion decisions based on merit, in circumstances relating to most promotions and most ongoing and long‑term non‑ongoing engagements; and
(b) to determine the minimum requirements that an Agency Head must meet in upholding that Principle.
Note 1: Subsection 10A(2) of the Act provides for the circumstances in which a decision relating to engagement or promotion is based on merit.
Note 2: Part 2.2 provides modifications of, and exceptions to, the requirements in this Part for certain kinds of engagement and promotion decisions.
2.2 Meaning of promotion
(1) For these Directions, a reference to a promotion is a reference to the ongoing assignment of duties to an ongoing APS employee at a higher classification than the employee’s current classification, in the same or another Agency, other than:
(a) the allocation of a higher classification in a broadband to an ongoing APS employee already within the same broadband in the same Agency; or
(b) the allocation of an operational classification to a trainee under the Classification Rules.
Note: The following are not promotions:
(a) following a voluntary temporary reduction in an ongoing APS employee’s classification—the ongoing assignment of duties to the employee at the original classification;
(b) the temporary assignment of duties to an APS employee at a higher classification than the employee’s current classification.
2.3 Meaning of vacancy
For these Directions, a vacancy exists in an Agency when a decision has been made that:
(a) a specified group of duties need to be performed; and
(b) it is appropriate to consider engaging a person or promoting an APS employee to perform the duties.
Note: A vacancy may also be filled by the movement of an APS employee at the employee’s current classification.
2.4 Meaning of Senior Executive Service (SES) vacancy
For these Directions, SES vacancy means a vacancy at a SES classification as set out in the Classification Rules.
2.5 Meaning of similar vacancy
For these Directions, a vacancy is similar to a notified vacancy if:
(a) it is in:
(i) the same Agency as the notified vacancy; or
(ii) if the notified vacancy relates to a function that was moved to another Agency after the notification by a machinery of government change—the Agency to which the function was moved; and
(b) it is the same category of employment (ongoing or non‑ongoing); and
(c) it comprises similar duties; and
(d) it is at the same classification; and
(e) it is to be performed in a similar location.
2.6 Meaning of work‑related qualities
For these Directions, work‑related qualities that may be taken into account in making an assessment of candidates’ suitability to perform duties in accordance with paragraph 10A(2)(c) of the Act include the following:
(a) skills and abilities;
(b) qualifications, training and competencies;
(c) standard of work performance;
(d) capacity to produce outcomes by effective performance at the level required;
(e) relevant personal qualities, such as honesty and integrity;
(f) potential for further development;
(g) ability to contribute to team performance.
Division 2—Merit in engagement and promotion—application of APS Employment Principle 10A(1)(c)
2.7 How an Agency Head upholds APS Employment Principle 10A(1)(c)
An Agency Head upholds APS Employment Principle 10A(1)(c) in relation to a decision to engage or promote a person in that Agency by ensuring that the decision is based on a selection process that meets:
(a) the requirements of this Division; or
(b) for a decision to which Part 2.2 applies—the requirements of this Division as modified by that Part.
Note: This Division sets standards for merit‑based selection and requires a vacancy, or a similar vacancy, to have been notified in the Gazette within the previous 12 months.
2.8 Merit‑based selection process for engagement or promotion
(1) A competitive selection process for a decision to engage or promote a person to fill a vacancy meets the requirements of this Division only if the following apply:
(a) the aim and purpose of the selection process is determined in advance and information about the process is readily available to applicants;
(b) the vacancy is notified in accordance with clause 2.9;
(c) the selection process is applied fairly in relation to each eligible applicant;
(d) the selection process is transparent and appropriately documented;
(e) merit is the primary consideration in making the engagement or promotion decision, in accordance with subsection 10A(2) of the Act;
(f) the selection process is free from discrimination, patronage and favouritism, consistent with APS Employment Principle 10A(1)(f);
(g) in the case of a decision to engage a person—the engagement would comply with the restrictions on engagement of a person who has received a redundancy benefit, as set out in clause 7.1.
Note 1: Part 2.2 provides modifications of and exceptions to the requirements in this Part for certain kinds of engagement and promotion decisions.
Note 2: The Regulations (regulations 3.4 and 3.5) provide for matters regarding the engagement of non‑ongoing employees.
(2) For paragraph (1)(e), secondary considerations that may be relevant to the selection decision include such factors as a candidate’s ability to commence by a particular date, willingness to relocate or ability to meet other reasonable Agency requirements.
2.9 Notification of vacancy in the Public Service Gazette
Basic requirement for notification of vacancy
(1) Subject to this clause, a selection process for a decision to fill a vacancy meets the requirements of this Division only if:
(a) the vacancy, or a similar vacancy, in the Agency was notified in the Public Service Gazette within a period of 12 months before the written decision to engage or promote the person; and
(b) the vacancy was notified as open to all eligible members of the community; and
(c) the vacancy was notified with a closing date for applications of:
(i) at least 7 calendar days after the notification; or
(ii) if the Agency Head was satisfied that there were special circumstances and the Agency Head approved a shorter period—the end of that shorter period; and
(d) in the case of a vacancy the notification of which was required to be approved by the Commissioner under subclause (2)—the Agency Head obtained the approval of the Commissioner before the vacancy, or a class of vacancies including the vacancy, was notified.
Note: Part 2.2 provides modifications of and exceptions to the requirements in this Part for certain kinds of engagement and promotion decisions.
Commissioner may require notification of vacancy, or class of vacancies, to be approved by Commissioner
(2) The Commissioner may, by notice in writing, require an Agency Head to obtain the approval of the Commissioner before notifying a specified vacancy, or a specified class of vacancies, in the Public Service Gazette.
Restricting applications to APS employees (other than APS Level 1 and training classifications)
(3) If the Agency Head decides that, for reasons of cost or operational efficiency, a vacancy at a non‑SES classification should be filled by a person who is already an APS employee, the vacancy may be notified in the Public Service Gazette as open only to persons who are APS employees at the time of the notification.
(4) Subclause (3) does not apply in relation to a vacancy at the APS Level 1 classification or a training classification, and these must be notified as open to all eligible members of the community.
Multiple Agency notification
(5) An Agency participating in a multiple Agency selection process must ensure that there is adequate notification of the vacancy under its own Agency name in the Public Service Gazette.
External advertising
(6) If a vacancy notified in the Public Service Gazette as open to all eligible members of the community is also advertised externally (for example on a recruitment website) the external advertising must take place within 4 weeks before or 4 weeks after the Gazette notification.
(7) If:
(a) a vacancy is notified in the Public Service Gazette as open only to persons who are APS employees; and
(b) it is subsequently decided to advertise the vacancy externally as open to all eligible members of the community;
the vacancy must be re‑notified in the Public Service Gazette with the changed eligibility provision.
Meaning of APS employee
(8) In this clause:
APS employee means a person who:
(a) is a current ongoing APS employee or ongoing Parliamentary Service employee; or
(b) was, at the time of the relevant Public Service Gazette notification, a non‑ongoing APS employee or non‑ongoing Parliamentary Service employee.
2.10 Additional requirements for SES engagement or promotion decisions
A selection process that results in a decision to engage or promote a person as an SES employee meets the requirements of this Division only if, in addition to the requirements in clause 2.8, the following apply:
(a) the Commissioner, or a representative of the Commissioner, was a full participant in the selection process;
(b) if a representative of the Commissioner participated in the selection process—the representative certified that the selection process complied with the Act and these Directions.
Note: Clause 2.9 requires the decision to be made within 12 months after the notification of the vacancy in the Public Service Gazette on which the selection process was based.
Part 2.2—Engagement and promotion—exceptions to standard provisions
2.11 Purpose of Part 2.2
The purpose of this Part is to modify the requirements of Part 2.1 and the scope and application of APS Employment Principle 10A(1)(c) in relation to engagement and promotion decisions in specific circumstances where this is appropriate.
2.12 Engagement on a short‑term, irregular or intermittent basis
(1) An Agency Head may engage a person to perform duties as a non‑ongoing APS employee without complying with Part 2.1 if:
(a) the engagement is for a specified term or the duration of a specified task and the period of employment is 12 months or less; and
(b) taking into account any expected extension of the engagement, the period of employment will not be for more than 12 months.
(2) An Agency Head may engage a person to perform duties as a non‑ongoing APS employee without complying with Part 2.1 if the engagement is for duties that are irregular or intermittent.
(3) An Agency Head must ensure as far as practicable that a vacancy in the Agency to which this clause applies is brought to the notice of the community in a way that gives eligible members of the community a reasonable opportunity to apply for it, for example by advertising and providing access to non‑ongoing APS employment registers.
(4) As a minimum requirement, the Agency Head must be satisfied that the person to be engaged has the work‑related qualities genuinely required to perform the relevant duties.
Note: The Regulations (regulations 3.4 and 3.5) provide for matters regarding the engagement of non‑ongoing APS employees.
2.13 Engagement of non‑ongoing APS employee as ongoing employee in exceptional circumstances
(1) An Agency Head may, in writing, ask the Commissioner to authorise the engagement by the Agency Head of a non‑ongoing APS employee as an ongoing APS employee without complying with Part 2.1, if the Agency Head is satisfied that:
(a) the duties of the relevant employment are more appropriately undertaken by an ongoing APS employee; and
(b) the person to be engaged as an ongoing APS employee has the work‑related qualities genuinely required to perform the relevant duties; and
(c) the engagement as an ongoing APS employee is at the person’s classification (or equivalent) as a non‑ongoing APS employee; and
(d) the original engagement of the person as a non‑ongoing APS employee, or an extension of the engagement of the person as a non‑ongoing APS employee, complied with all aspects of Part 2.1; and
(e) the engagement is necessary for the Agency’s operations.
(2) The Commissioner may authorise the engagement if the Commissioner is satisfied that exceptional circumstances exist to justify the engagement.
2.14 Engagement of ongoing APS employee as non‑ongoing APS employee
An Agency Head may engage a person who is an ongoing APS employee to perform duties as a non‑ongoing APS employee without complying with Part 2.1 if:
(a) the person is to be engaged for a specified term or specified task; and
(b) the person resigns as an ongoing APS employee in order to commence the engagement as a non‑ongoing APS employee for a specified term or specified task; and
(c) the engagement as a non‑ongoing APS employee for a specified term or specified task is at the same classification as the person’s current classification or at a lower classification.
Note: The Regulations (regulations 3.4 and 3.5) provide for matters regarding the engagement of non‑ongoing employees.
2.15 Affirmative measure—Indigenous employment
(1) In notifying a vacancy in accordance with clause 2.9, an Agency Head may, consistently with Commonwealth law, identify a vacancy as open only to Aboriginals or Torres Strait Islanders within the meaning of the Racial Discrimination Act 1975.
(2) The Agency Head must ensure that, in all other respects, a decision to fill the vacancy is made in a way that meets the requirements of Part 2.1.
(3) The Agency Head must ensure that the selection process for a vacancy identified under this clause accepts as applicants only persons who:
(a) are of Aboriginal and/or Torres Strait Islander descent; and
(b) identify as Aboriginal and/or Torres Strait Islander; and
(c) are accepted by their community as being Aboriginal and/or Torres Strait Islander.
Note: If an engagement made in accordance with this affirmative measure is to be as a non‑ongoing APS employee for a specified term, or for the duration of a specified task, the requirements of regulation 3.5 of the Regulations apply to the engagement, including requirements relating to the grounds for the engagement and the term of the engagement.
2.16 Affirmative measure—intellectual disability
(1) In notifying a vacancy in accordance with clause 2.9, an Agency Head may, consistently with Commonwealth law, identify a vacancy as open only to persons with intellectual disability.
(2) The Agency Head must ensure that, in all other respects, a decision to fill the vacancy is made in a way that meets the requirements of Part 2.1.
(3) The Agency Head must ensure that the selection process for a vacancy identified under this clause accepts as applicants only persons with an appropriate referral or assessment by a registered medical practitioner or a disability employment service provider.
Note: If an engagement made in accordance with this affirmative measure is to be as a non‑ongoing APS employee for a specified term, or for the duration of a specified task, the requirements of regulation 3.5 of the Regulations apply to the engagement, including requirements relating to the grounds for the engagement and the term of the engagement.
2.17 Affirmative measure—engagement of person with disability unable to participate in competitive selection process
(1) This clause applies in relation to a person with disability who has been assessed by a disability employment service provider as likely to be unable, because of their disability, to compete successfully on merit in a competitive selection process that complies with Part 2.1.
(2) An Agency Head may engage the person as an APS employee to fill a vacancy where that vacancy is designed and created for, or identified as suitable for, the person in consultation with the disability employment service provider, without complying with Part 2.1.
Note: If the engagement is to be as a non‑ongoing APS employee for a specified term, or for the duration of a specified task, the requirements of regulation 3.5 of the Regulations apply to the engagement, including requirements relating to the grounds for the engagement and the term of the engagement.
2.17A Affirmative measure—RecruitAbility Scheme
(1) In notifying a vacancy in accordance with clause 2.9, an Agency Head may specify that the RecruitAbility Scheme applies in relation to the filling of that vacancy.
Note: The RecruitAbility Scheme is a set of measures, coordinated by the Commissioner, to make arrangements for people with disability to be considered for engagement or promotion as an APS employee in circumstances where the applicant is assessed as meeting the minimum requirements for the position.
(2) If a vacancy has been notified in accordance with subclause (1), the consideration of a person for engagement or promotion using the measures in the RecruitAbility Scheme is conduct that complies with the APS Employment Principle in paragraph 10A(1)(c) of the Act.
(3) Subclause (1) does not require the Agency Head to consider a person for a vacancy in accordance with the RecruitAbility Scheme.
(4) If a vacancy has been notified in accordance with subclause (1) and a person is considered for engagement or promotion using the measures in the RecruitAbility Scheme, the Agency Head must ensure that, in all other respects, a decision to fill the vacancy is made in a way that meets the requirements of the APS Employment Principle in paragraph 10A(1)(c) of the Act and Part 2.1 of these Directions.
2.18 Engagement of person from state or territory jurisdiction
An Agency Head may engage a person as a non‑ongoing APS employee for a specified term without complying with Part 2.1 if:
(a) the person is an employee of a State or Territory, or of an authority of a State or Territory; and
(b) the Agency Head has entered into an agreement with the State or Territory, or the authority of the State or Territory, to engage the person as a non‑ongoing employee for a specified term.
2.19 Re‑engagement of election candidates
(1) If an Agency Head acts under section 32 of the Act (right of return for election candidates) and Schedule 1 of these Directions to engage a person as an APS employee, Part 2.1 does not apply in relation to the engagement.
(2) For paragraph 32(1)(a) of the Act, the following are specified elections:
(a) an election for a member of a House of the Parliament of the Commonwealth or of a State;
(b) an election for a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory;
(c) an election for a member of the Torres Strait Regional Authority established under Division 5 of Part 3A of the Aboriginal and Torres Strait Islander Act 2005.
2.20 Promotion on completion of an appointment to a statutory office
(1) An Agency Head may, in writing, request the Commissioner to authorise the promotion of an ongoing APS employee without complying with Part 2.1 if the following apply:
(a) the employee was granted leave without pay for appointment to a statutory office of a kind that requires the Commissioner, or a representative of the Commissioner, to be a participant in the selection process for the office;
(b) the employee’s appointment to the statutory office has not expired, or expired no more than 3 months before the Commissioner was asked to authorise the promotion;
(c) the duties to which the employee is to be assigned are assessed by the Agency Head as being at an APS classification that is equivalent to, or lower than, the duties of the statutory office;
(d) the Agency Head is satisfied that the employee has the necessary work‑related qualities to perform duties at the APS classification to which the employee is to be promoted.
(2) The Commissioner may authorise the promotion, and in deciding whether to do so may also take into account the following:
(a) how long the employee was appointed to the statutory office;
(b) the selection process for the appointment to the statutory office; and
(c) any other matter the Commissioner considers relevant.
(3) If the Commissioner authorises the promotion, the Agency Head may promote the employee.
2.21 Engagement of non‑APS employee following a machinery of government change
If the Commissioner acts under paragraph 72(1)(c) or (d) of the Act to engage a person, or determine that a person becomes engaged, in a specified Agency, Part 2.1 does not apply in relation to the engagement.
2.22 Engagement of an ongoing Parliamentary Service employee as an ongoing APS employee
An Agency Head may engage a person who is an ongoing Parliamentary Service employee as an ongoing APS employee without complying with Part 2.1 if the person is to be employed at a comparable classification or lower, as set out in Schedule 2.
2.23 Re‑engagement of a former APS employee
(1) The relevant Agency Head may engage a former APS employee as an ongoing or non‑ongoing APS employee without complying with Part 2.1 if the Agency Head is satisfied that it is appropriate because:
(a) following an investigation of the circumstances in which the person’s former employment ended, the Agency Head is satisfied that it should not have ended; or
(b) the engagement gives effect to a settlement of an application for relief in relation to the termination of the employee’s employment; or
(c) an appropriate authority has recommended or ordered the reinstatement of the person, for example:
(i) the Federal Court of Australia;
(ii) the Fair Work Commission;
(iii) the Australian Human Rights Commission.
(2) An engagement under this clause must be on the same basis (ongoing or non‑ongoing) as the person’s former employment and must be at the same or a lower classification.
Part 2.3—Assignment of duties and movement of employees between agencies
2.24 Minimum requirements for decisions relating to assignment of duties at or below classification
The Agency Head must ensure that decisions relating to the ongoing or temporary assignment of duties to an employee under section 25 of the Act at or below the employee’s classification level (including where this involves a movement from another APS Agency):
(a) are based on an assessment of the employee’s work‑related qualities and the work‑related qualities genuinely required to perform the relevant duties; and
(b) take into account efficient and effective organisational performance.
Note 1: Subsection 23(4) of the Act restricts the circumstances where an employee’s classification may be reduced without their consent.
Note 2: Part 2.1 imposes additional obligations in relation to promotions.
2.25 Minimum requirements for decisions relating to the temporary assignment of higher duties
(1) The Agency Head must ensure that decisions relating to the temporary assignment of duties to an employee at a higher classification level (including where this involves a temporary movement from another APS Agency):
(a) are based on an assessment of the employee’s work‑related qualities and the work‑related qualities genuinely required to perform the relevant duties; and
(b) take into account efficient and effective organisational performance.
(2) Decisions under subclause (1) must also take into account the following matters:
(a) the duration of the duties to be performed and whether it would be more appropriate for those duties to be performed on an ongoing basis;
(b) the relative importance to the Agency of the duties to be performed at the higher classification and the other duties to be performed in the Agency;
(c) the expected cost to the Agency of the employee performing duties at the higher classification;
(d) the need for APS employees to be given the opportunity to gain experience in performing duties at a higher classification.
Note: Part 2.1 imposes additional obligations in relation to promotions.
2.27 Moves between agencies
(1) This clause applies to moves between APS Agencies under section 26 of the Act that are not associated with a promotion.
(2) For subsection 26 (2) of the Act, a written agreement between an Agency Head and an ongoing APS employee for the employee to move to the Agency Head’s Agency (the new Agency) from another Agency (the original Agency) has effect subject to this clause and clause 2.27A.
Agreement for ongoing move
(3) If the agreement relates to an ongoing move, the move takes effect:
(a) if a date of effect is agreed in writing between the APS employee and the two Agency Heads—on the agreed date of effect; and
(b) otherwise—4 weeks after the employee informs the original Agency Head in writing.
Note: The date of effect of a move that is a promotion is dealt with in Part 2.4.
Agreement for temporary move
(4) If the agreement relates to a temporary move, the following apply:
(a) if the original Agency Head approves the proposed temporary move in writing, the move takes effect on the agreed date of effect;
(b) if the original Agency Head did not approve the proposed temporary move in writing and the employee commences duties in the new Agency, the move takes effect, from the date the employee commences duties in the new Agency, as an ongoing move to the new Agency at the employee’s existing classification
Variation of period of agreement
(5) If paragraph (4)(a) applies to the agreement, and the new Agency Head and the APS employee agree to vary the period of the move, then:
(a) if the original Agency Head approves the variation in writing—the variation has effect according to its terms; and
(b) if the original Agency Head does not approve the variation in writing—the variation has no effect.
2.27A Movement of ongoing APS employee to another Agency during an inquiry into a suspected breach of the Code of Conduct
(1) This clause applies if:
(a) an ongoing APS employee in an Agency is suspected of having breached the Code of Conduct; and
(b) in accordance with procedures established under subsection 15(3), 41B(3) or 50A(2) of the Act, the employee has been informed of the details of the suspected breach; and
(c) the matter to which the suspected breach relates has not yet been resolved; and
(d) a decision has been made that, apart from this clause, would result in the employee moving to another Agency (including on promotion) under section 26 of the Act.
(2) Unless the employee’s current Agency Head and the new Agency Head agree otherwise, the movement (including on promotion) does not take effect until the matter to which the suspected breach relates is resolved.
(3) For this clause, the matter to which the suspected breach relates is taken to be resolved when:
(a) a determination is made as to whether the APS employee has breached the Code of Conduct; or
(b) it is decided that such a determination is not necessary.
Part 2.4—Gazettal of employment decisions and date of effect of promotions
2.28 Purpose of Part 2.4
The purpose of this Part is to:
(a) set out requirements for notifying certain employment decisions in the Public Service Gazette; and
(b) provide for the date of effect of a promotion decision.
2.29 Decisions that must be notified in the Gazette
(1) An Agency Head must notify an employment decision of any of the following kinds in the Public Service Gazette:
(a) an engagement of a person as an ongoing APS employee (including under paragraph 72(1)(c) or (d) of the Act);
(b) an engagement of a person as an APS employee for a specified term of more than 12 months or for the duration of a specified task that is reasonably expected to take more than 12 months (including under paragraph 72(1)(c) or (d) of the Act);
(c) in relation to a person who is engaged as an APS employee for a specified term of 12 months or less—an extension of the engagement that results in the term of engagement being more than 12 months;
(d) a movement (other than a temporary movement) by an ongoing APS employee to perform duties in another Agency, if the vacancy was notified in the Public Service Gazette;
(e) an assignment of duties (other than a temporary assignment of duties) to an ongoing APS employee in an Agency, if the vacancy was notified in the Public Service Gazette;
(f) the promotion of an ongoing APS employee;
(g) the promotion of an ongoing APS employee, following the decision of a Promotion Review Committee under subparagraph 5.18(1)(b)(ii) of the Regulations that has not been notified under paragraph (f);
(h) the engagement of an ongoing Parliamentary Service employee as an ongoing APS employee if the engagement:
(i) follows a decision of a Promotion Review Committee mentioned in subparagraph 5.18(1)(b)(iii) of the Regulations; and
(ii) has not been notified under paragraph (a);
(i) the termination of the employment of an ongoing APS employee on the ground mentioned in paragraph 29(3)(g) of the Act (breach of the Code of Conduct).
(2) A decision mentioned in subclause (1) must be notified in the Public Service Gazette within 3 months after the decision is made, unless the Commissioner agrees to a different arrangement.
(3) If the employment decision is:
(a) a decision to engage, promote or move a person, or assign the duties of a person; and
(b) made on the basis that the person is required to satisfy an eligibility requirement (such as a security or character clearance);
the 3 month period mentioned in subclause (2) is taken to commence at the time the eligibility requirement is met.
(4) A notification must include the employee’s name unless the Agency Head decides that the name should not be included, because of the person’s work‑related or personal circumstances.
(5) The Agency Head may not make a decision under subclause (4), unless he or she has obtained the approval of the Commissioner, who will consult the Merit Protection Commissioner in the case of a non‑SES employee.
(6) If a notification that does not include the employee’s name relates to a promotion that is subject to review:
(a) the Agency must, on or before the day of the notification, notify all parties who are eligible to seek review of the promotion so they are aware of their rights of review; and
(b) the Agency must, at the same time as parties are notified, advise the Merit Protection Commissioner that eligible parties have been notified.
(7) If an engagement notified under paragraph (1)(a), or a promotion notified under paragraph (1)(f), was made as a result of a selection process that complied with Part 2.1 in relation to a similar vacancy, the notification of the decision must include a statement to the following effect:
This engagement/promotion is made following a selection process that complies with Part 2.1 of the Australian Public Service Commissioner’s Directions 2013—similar vacancy previously notified.
(8) If an engagement notified under paragraph (1)(a) is the engagement of a person who:
(a) was an ongoing Parliamentary Service employee immediately before the engagement; and
(b) was engaged at a higher classification than the person’s classification as a Parliamentary Service employee;
the notification of the decision must include a statement to the following effect:
This engagement of an ongoing Parliamentary Service employee at a higher classification may be subject to review by a Promotion Review Committee in accordance with Part 5 of the Public Service Regulations 1999.
Note: See Schedule 2 for comparison of Parliamentary Service classifications with APS classifications.
(9) If an engagement notified under paragraph (1)(a) was made under clause 2.13 (engagement of non‑ongoing APS employee as ongoing employee in exceptional circumstances), the notification of the decision must include a statement to the following effect:
This engagement was authorised by the Australian Public Service Commissioner under clause 2.13 of the Australian Public Service Commissioner’s Directions 2013—exceptional circumstances.
2.30 Cancellation decisions that must be notified in the Gazette
(1) An Agency Head must notify a decision (a cancellation decision) to cancel a decision of any of the following kinds in the Public Service Gazette within 3 months after the cancellation decision is made:
(a) an engagement of a person notified under paragraph 2.29(1)(a) or (b);
(b) an extension of an engagement notified under paragraph 2.29(1)(c);
(c) a movement notified under paragraph 2.29(1)(d);
(d) an assignment of duties notified under paragraph 2.29(1)(e);
(e) a promotion notified under paragraph 2.29(1)(f) (whether the cancellation decision is made by the Agency Head, or is the result of a decision of a Promotion Review Committee);
(f) a termination notified under paragraph 2.29(1)(i).
(2) The notification of a cancellation decision must include the date of effect of the cancellation decision.
(3) The notification of a cancellation decision must include the person’s name unless the original notification did not include the name.
2.31 Date of effect of promotions
(1) Subject to clause 2.27A, this clause applies to a decision (a promotion decision) to:
(a) promote an ongoing APS employee; or
(b) engage an ongoing Parliamentary Service employee as an ongoing APS employee at a higher classification than the employee’s Parliamentary Service classification, as set out in Schedule 2.
(2) In this clause:
application period, for a promotion decision, means the period in which an application for PRC review of the decision may be made (including any extension of that period).
notification, for a promotion decision, means the notification of the decision under clause 2.29.
PRC review means review by a Promotion Review Committee under Part 5 of the Public Service Regulations 1999.
(3) In this clause, a reference to a date of effect of a promotion decision having been agreed is a reference to a date that has been agreed as the date of effect by:
(a) the employee; and
(b) the Agency Head; and
(c) if the employee is moving from another Agency—the original Agency Head.
Not subject to review
(4) If the promotion decision is not subject to PRC review, the decision takes effect:
(a) if a date of effect has been agreed that is not earlier than the notification—that date; or
(b) otherwise—4 weeks after notification.
No application for review
(5) If the promotion decision is subject to PRC review, but no application for review is made before the end of the application period, the decision takes effect:
(a) if a date of effect has been agreed that is not earlier than the end of the application period—that date; or
(b) otherwise—2 weeks after the end of the application period.
Application for review is withdrawn
(6) If the promotion decision is subject to PRC review and an application for review is made before the end of the application period, but is withdrawn before the PRC makes a decision on the application, the decision takes effect:
(a) if a date of effect has been agreed that is not earlier than the end of the application period—that date; or
(b) otherwise—2 weeks after the Agency Head is notified of the withdrawal of the application.
Application for review lapses
(7) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period and a PRC is appointed, but the application lapses before the PRC completes the review, the decision takes effect:
(a) if a date of effect has been agreed that is after the Agency Head is notified of the lapse of the application—that date; or
(b) otherwise—2 weeks after the Agency Head is notified.
PRC is not appointed
(8) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period, but the Merit Protection Commissioner decides under subregulation 5.10 (1) that it is not necessary to appoint a PRC to deal with the application, the decision takes effect:
(a) if a date of effect has been agreed that is after the Agency Head is notified of the decision of the Merit Protection Commissioner—that date; or
(b) otherwise—the later of:
(i) the day the Agency Head is notified; and
(ii) 4 weeks after the notification.
PRC upholds original promotion decision
(9) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period and a PRC is appointed, and the PRC upholds the decision, the promotion decision takes effect:
(a) if a date of effect has been agreed that is after the Agency Head is notified of the decision of the PRC—that date; or
(b) otherwise—4 weeks after the Agency Head is notified.
PRC varies original promotion decision
(10) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period and a PRC is appointed, and the PRC varies the decision, the promotion decision takes effect:
(a) if a date of effect has been agreed that is after the Agency Head is notified of the decision of the PRC—that date; or
(b) otherwise—4 weeks after the Agency Head is notified.
Chapter 4—Performance management
4.1 Purpose of Chapter 4
(1) This Chapter sets out directions in relation to the APS Employment Principle mentioned in paragraph 10A(1)(d) of the Act (the effective performance Employment Principle).
Note: Paragraph 10A(1)(d) of the Act provides that the APS is a career‑based public service that requires effective performance from each employee.
(2) Noting that there is a broad spectrum of management issues associated with managing effective performance across the APS, from encouraging high performance to managing unsatisfactory performance, the purposes of the directions are as follows:
(a) to strengthen the obligations of Agency Heads in relation to the effective performance Employment Principle;
(b) to make provision for certain obligations of supervisors and APS employees in relation to the effective performance Employment Principle;
(c) to encourage APS best or better practice by requiring each Agency Head to ensure that his or her Agency’s performance management policy and associated processes and practices are periodically reviewed and benchmarked against APS best practice.
4.1A Achieving effective performance
Agency Heads
(1) For the purpose of upholding and promoting the effective performance Employment Principle, each Agency Head must ensure that:
(a) his or her Agency has a performance management policy and associated processes and practices that:
(i) demonstrably support a culture of high performance; and
(ii) provide for the performance of duties by APS employees in the Agency to be effectively managed; and
(iii) are fair, open and effective; and
(iv) are clearly communicated to all APS employees in the Agency; and
(v) are periodically reviewed and benchmarked against APS best practice; and
(b) his or her Agency builds the organisational capability necessary to achieve the outcomes of the Agency properly expected by the Government; and
(c) each APS employee in his or her Agency is given a clear statement, in a performance agreement, of the performance and behaviour expected of the employee, and an opportunity to discuss his or her duties; and
(d) each APS employee in his or her Agency receives feedback from supervisors about the performance of his or her duties consistent with the performance management policy, processes and practices of the Agency; and
(e) his or her Agency supports supervisors to enable them to effectively manage the performance of duties by APS employees under their supervision, including through appropriate training and coaching in performance management; and
(f) the performance management policy and associated processes and practices of his or her Agency are used to guide salary movement and any performance pay arrangements; and
(g) the processes and practices in his or her Agency for dealing with unsatisfactory performance of duties are fair, open and effective, and that information about those processes and practices is available to supervisors and APS employees in the Agency, including information that clearly sets out:
(i) the responsibilities of supervisors; and
(ii) the possible outcomes if an APS employee’s performance of duties is considered to be unsatisfactory; and
(iii) that, if the performance of duties by an APS employee is considered to be unsatisfactory, the employee has a responsibility to engage constructively with his or her supervisor and other affected persons (including the Agency’s human resources area) in resolving the performance issues and to act on performance feedback; and
(h) his or her Agency’s processes and practices for dealing with unsatisfactory performance are applied in a timely manner if unsatisfactory performance by an APS employee has been identified.
Supervisors
(2) For the purpose of upholding the effective performance Employment Principle, each supervisor in an Agency must, in relation to APS employees under his or her supervision:
(a) promote and foster high performance of duties by the employees; and
(b) ensure that each employee has a performance agreement that is consistent with the Agency’s corporate plan and the work level standards for the employee’s classification; and
(c) provide each employee with clear, honest, timely feedback about the employee’s performance of his or her duties; and
(d) manage and assess the performance of duties by each employee in accordance with the performance management policy of the Agency; and
(e) work to improve his or her capability in effectively managing the performance of duties by the employees, including through appropriate training or coaching in performance management; and
(f) promptly and actively manage cases of unsatisfactory performance of duties by an employee in accordance with the Agency’s performance management processes and practices, including by:
(i) identifying the nature of the unsatisfactory performance at the earliest opportunity; and
(ii) engaging with the relevant employee and other affected persons (including the Agency’s human resources area and the supervisor’s manager) to discuss the unsatisfactory performance, and facilitate a collective understanding about the nature of the unsatisfactory performance; and
(iii) maintaining appropriate records of the case.
APS employees
(3) For the purpose of upholding the effective performance Employment Principle, each APS employee in an Agency must:
(a) strive to perform his or her duties to the best of his or her ability, and at a level consistent with the work level standards for the employee’s classification and the employee’s performance agreement; and
(b) engage constructively with his or her supervisor in clarifying work expectations and what is needed to effectively perform his or her duties; and
(c) participate constructively in the Agency’s performance management processes; and
(d) be open to receiving feedback, and act on such feedback in a timely manner; and
(e) seek opportunities to improve individual and team performance of duties; and
(f) if he or she is informed that the performance of his or her duties is unsatisfactory—engage constructively to deal with the unsatisfactory performance, including by:
(i) cooperating with his or her supervisor and other affected persons (including the Agency’s human resources area) to resolve the issues relating to the unsatisfactory performance in a timely manner; and
(ii) undertaking any necessary training, or remedial or corrective measures as directed.
(4) In this clause:
performance agreement, for an APS employee, means a documentary record (including any additions to, or variations of, that record) that sets out the performance expectations in relation to the duties that have been assigned to the employee.
4.2 Initiating Code of Conduct proceedings in relation to performance matters
Where the conduct of an APS employee raises concerns that relate both to effective performance and to possible breaches of the Code of Conduct, the Agency Head must, before making a decision to initiate an inquiry under procedures established by the Agency Head under subsection 15(3) of the Act, have regard to any relevant standards and guidance issued by the Commissioner.
Chapter 6—Agency Head handling of suspected Code of Conduct breaches
Division 1—Preliminary
6.1 Purpose of Chapter 6
The purpose of this Chapter is to set out the basic procedural requirements that must be complied with by the procedures established by an Agency Head under subsection 15(3) of the Act for:
(a) determining whether an APS employee, or a former APS employee, in the Agency has breached the Code of Conduct; and
(b) determining what sanction, if any, should be imposed on an APS employee for a breach of the Code of Conduct.
Note: The requirements set out in this Chapter and the procedures established under subsection 15 (3) of the Act apply only in relation to a suspected breach of the Code of Conduct by an APS employee in respect of which a determination may be made. Not all suspected breaches of the Code of Conduct need to be dealt with by way of a determination. In particular circumstances, another way of dealing with a suspected breach of the Code may be more appropriate. (See also clause 4.2.)
6.2 Application to former APS employees
(1) In this Chapter, unless the contrary intention appears, a reference to an APS employee in an Agency includes a reference to a former APS employee who is suspected of having breached the Code of Conduct while an employee in the Agency.
(2) Subparagraph 6.3(a)(ii) and clause 6.4 do not apply in relation to a former APS employee.
Division 2—Basic procedural requirements
6.3 Employee must be informed that a determination is being considered
A determination may not be made in relation to a suspected breach of the Code of Conduct by an APS employee unless reasonable steps have been taken to:
(a) inform the employee of:
(i) the details of the suspected breach (including any subsequent variation of those details); and
(ii) the sanctions that may be imposed on the employee under subsection 15 (1) of the Act; and
(b) give the employee a reasonable opportunity to make a statement in relation to the suspected breach.
6.4 Employee must be informed before a sanction is imposed
If a determination is made that an APS employee has breached the Code of Conduct, a sanction may not be imposed unless reasonable steps have been taken to:
(a) inform the employee of:
(i) the determination; and
(ii) the sanction or sanctions that are under consideration; and
(iii) the factors that are under consideration in determining any sanction to be imposed; and
(b) give the employee a reasonable opportunity to make a statement in relation to sanctions under consideration.
6.5 Person making determination to be independent and unbiased
An Agency Head must take reasonable steps to ensure that:
(a) the person who determines whether an APS employee has breached the Code of Conduct is, and appears to be, independent and unbiased; and
(b) the person who determines any sanction to be imposed is, and appears to be, independent and unbiased.
6.6 Determination process to be informal
The process for determining whether an APS employee has breached the Code of Conduct must be carried out with as little formality and as much expedition as a proper consideration of the matter allows.
6.7 Record of determination and sanctions
If a determination is made in relation to a suspected breach of the Code of Conduct by an APS employee, a written record must be made of:
(a) the suspected breach; and
(b) the determination; and
(c) any sanctions imposed as a result of a determination that the employee breached the Code of Conduct; and
(d) if a statement of reasons was given to the employee—the statement of reasons.
Note: The Archives Act 1983 and the Privacy Act 1988 apply to a record made under this clause.
Chapter 7—Other employment matters
7.1 Restrictions on engaging a person who has received a redundancy benefit
(1) An Agency Head may only engage a person who has received a redundancy benefit as an ongoing APS employee in accordance with the following paragraphs:
(a) the Agency Head must consider that the person’s engagement is essential for the Agency’s operations, having regard to:
(i) the nature of the duties to be performed; and
(ii) the work‑related qualities of the person;
(b) if the Agency Head wishes to engage the person as:
(i) an ongoing APS employee; or
(ii) a non‑ongoing SES employee;
the Agency Head must obtain the Commissioner’s approval to do so.
Note: Subparagraph (a)(ii)—for work‑related qualities, see clause 2.6.
(2) In this clause:
person who has received a redundancy benefit means a person who has received a redundancy benefit:
(a) from an APS agency or the Australian Parliamentary Service; and
(b) for which the redundancy benefit period has not ended.
redundancy benefit means:
(a) a severance payment, or similar payment, made to an employee on the ending of the employee’s employment; or
(b) a payment made to an employee as a result of the shortening of a retention period; or
(c) an incentive to retire payment under section 37 of the Act or section 37 of the Parliamentary Service Act 1999;
but not:
(d) a payment made to an employee as redundancy pay under section 119 of the Fair Work Act 2009; or
(e) a payment made to a person in lieu of notice of termination of employment.
Note: Paragraph (d)—the amount of the payment mentioned in that paragraph is known as the National Employment Standards redundancy amount.
redundancy benefit period, relating to a person’s redundancy benefit, means the period (rounded down to the nearest equivalent whole day):
(a) beginning on the day after the person’s employment ends; and
(b) ending on the last day of the period worked out using the following formula:
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where:
weekly salary means:
(a) for a person who has periods of full‑time and part‑time service and whose redundancy benefit is calculated on the basis of a part‑time weekly salary—the full‑time equivalent of the part‑time weekly salary; or
(b) in any other case—the weekly salary used to calculate the redundancy benefit.
7.4 Matters relating to leave without pay
(1) An Agency Head must grant leave without pay to an ongoing APS employee who applies for the leave to undertake or continue employment:
(a) for the purposes of section 13 of the Governor‑General Act 1974; or
(b) for the purposes of section 13 or 20 of the Members of Parliament (Staff) Act 1984.
(2) If an APS employee who has been granted leave without pay to undertake or continue employment for the purposes mentioned in paragraph (1)(a) or (b) notifies his or her Agency Head, in writing, that he or she wishes to return to the Agency to undertake duties:
(a) the Agency Head must arrange for the APS employee to return to the Agency as soon as practicable; and
(b) the Agency Head must arrange for the APS employee to undertake duties at the employee’s classification immediately before the employee was granted leave without pay or, if the classification no longer exists, at an equivalent classification determined by the Agency Head.
Note 1: The right of return under subclause (2) applies in relation to leave without pay whether granted before or after the commencement of these provisions.
Note 2: APS employees also have certain rights of return from leave granted under the Australian Civilian Corps Act 2011 and these are provided in the Prime Minister’s Australian Civilian Corps Directions 2012.
7.5 Transitional—Prime Minister’s Public Service Amendment Directions 2005 (No. 1)
(1) This clause applies if:
(a) an Agency Head granted an application by an APS employee under subclause 2.1(1) of the Prime Minister’s Public Service Directions 1999, as in force before the commencement of the Prime Minister’s Public Service Amendment Directions 2005 (No. 1) on 19 October 2005, for leave without pay to undertake or continue employment in a full‑time statutory appointment; and
(b) the period of leave has not expired.
(2) The grant of leave without pay is not affected by the amendments made by Prime Minister’s Public Service Amendment Directions 2005 (No. 1) or by the repeal of the Prime Minister’s Public Service Directions 1999.
(3) If the APS employee applies to his or her Agency Head, in writing, for leave without pay to continue the employment, the Agency Head may grant the application.
(4) If the APS employee notifies his or her Agency Head, in writing, that he or she wishes to return to the Agency to undertake duties:
(a) the Agency Head must arrange for the APS employee to return to the Agency as soon as practicable; and
(b) the Agency Head must arrange for the APS employee to undertake duties at the employee’s classification immediately before the employee was granted leave without pay or, if the classification no longer exists, at an equivalent classification determined by the Agency Head.
7.6 Collection of employment‑related data
(1) An Agency Head must ensure that there are measures in place to collect information from each employee of the agency, including information relating to the following matters, and to give information that is collected to the Commissioner:
(a) the employee’s highest level of attainment in education;
(b) the employee’s main field of study;
(c) the employee’s previous work experience;
(d) the employee’s Indigenous status;
(e) the employee’s disability status;
(f) the employee’s country of birth;
(g) the employee’s first language spoken;
(h) the first non‑English language (if any) spoken by the employee;
(i) the first language of the employee’s father;
(j) the first language of the employee’s mother.
Note 1: This requirement is in addition to the Agency Head’s duty to give the Commissioner information for the Commissioner to prepare an annual report: see section 44 of the Act.
Note 2: Information collected using the measures mentioned in subclause (1) will be included in the Australian Public Service Employment Database.
Note 3: In collecting information using the measures mentioned in subclause (1), an Agency Head will have regard to the specifications in relation to the collection of information that are set out in the APSED Manual published on the website of the Australian Public Service Commission.
(2) In seeking information relating to the matters in paragraphs 7.6(1)(a) to (j), an Agency Head must allow APS employees to provide a response of “choose not to give this information”.
Chapter 8—Delegation
8.1 Delegation by the Commissioner
(1) The Commissioner may, in writing, delegate to a senior official any of the Commissioner’s powers or functions under these Directions (other than under this clause).
(2) A person (the first delegate) to whom powers or functions are delegated under subclause (1) may, in writing, delegate any of those powers or functions to another person (the second delegate).
(3) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subclause (2), the first delegate must give corresponding directions to the second delegate.
(4) A power or function that is exercised or performed by a person under a delegation under subclause (2) is taken, for the purposes of these Directions, to have been exercised or performed by the Commissioner.
(5) A person exercising powers or functions under a delegation under this clause must comply with any directions given by the Commissioner.
(6) For subclause (1):
senior official means:
(a) a person who holds any office or appointment under an Act; or
(b) an SES employee or acting SES employee.
8.2 Delegation by Agency Head
(1) An Agency Head may, in writing, delegate to a person any of the Agency Head’s powers or functions under these Directions (other than under this clause).
(2) However, an Agency Head cannot delegate powers or functions to an outsider without the prior written consent of the Commissioner.
(3) A person (the first delegate) to whom powers or functions are delegated under subclause (1) may, in writing delegate any of the powers or functions to another person (the second delegate).
(4) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subclause (3), the first delegate must give corresponding directions to the second delegate.
(5) A power or function that is exercised or performed by a person under a delegation under subclause (3) is taken, for the purposes of these Directions, to have been exercised or performed by the person who originally delegated the corresponding power or function under subclause (1).
(6) A person exercising powers or functions under a delegation under this clause must comply with any directions of the Agency Head who delegated the power or function.
(7) For subclause (2):
outsider means a person other than:
(a) an APS employee; or
(b) a person appointed to an office by the Governor‑General, or by a Minister, under a law of the Commonwealth.
Chapter 9—Transitional provisions
Part 9.1—Transitional provisions relating to the Australian Public Service Commissioner’s Amendment (Notification of Decisions and Other Measures) Direction 2014
9.1 Decision to terminate employment of ongoing APS employee
(1) This clause applies if, before the commencement of the Australian Public Service Commissioner’s Amendment (Notification of Decisions and Other Measures) Direction 2014 (the amendment direction):
(a) an Agency Head had made a decision (a termination decision) to terminate the employment of an ongoing APS employee under section 29 of the Act (other than for breach of the Code of Conduct); and
(b) the termination had taken effect; and
(c) the termination decision had not been notified in the Gazette.
(2) Despite the amendments made by the amendment direction, clause 2.29 of these Directions, as in force immediately before the commencement of the amendment direction, continues to apply in relation to the termination decision.
9.2 Decision to cancel termination decision
(1) This clause applies in relation to a decision (a cancellation decision) by an Agency Head to cancel a decision (a termination decision) to terminate the employment of an ongoing APS employee under section 29 of the Act (other than for breach of the Code of Conduct), if:
(a) the termination decision has been notified in the Gazette; and
(b) the cancellation decision has not been notified in the Gazette.
(2) Despite the amendments made by the Australian Public Service Commissioner’s Amendment (Notification of Decisions and Other Measures) Direction 2014 (the amendment direction), clause 2.30 of these Directions, as in force immediately before the commencement of the amendment direction, continues to apply in relation to the cancellation decision.
9.3 Retirement by SES employee with payment of incentive
(1) This clause applies if, before the commencement of the Australian Public Service Commissioner’s Amendment (Notification of Decisions and Other Measures) Direction 2014 (the amendment direction):
(a) an SES employee had been given a notice under section 37 of the Act; and
(b) the employee had retired within the period specified in the notice; and
(c) the retirement had not been notified in the Gazette.
(2) Despite the amendments made by the amendment direction, clause 2.29 of these Directions, as in force immediately before the commencement of the amendment direction, continues to apply in relation to the retirement.
Part 9.2—Transitional provisions relating to the Australian Public Service Commissioner’s Amendment (2015 Measures No. 1) Direction 2015
9.4 Vacancies notified before 1 July 2015
The amendments made by items 1 to 8 and 10 to 12 of Schedule 1 to the Australian Public Service Commissioner’s Amendment (2015 Measures No. 1) Direction 2015 do not apply in relation to the notification of a vacancy in an Agency if:
(a) the notification occurred before 1 July 2015; and
(b) the notification was in accordance with clause 2.9A of these Directions, as in force immediately before 1 July 2015; and
(c) the Agency Head is satisfied that, in the circumstances, it is not appropriate to require the vacancy to be re‑notified in accordance with clause 2.9 of these Directions.