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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act overhauls how the Australian Public Service operates by modernising discipline, expanding workforce mobility, and clarifying employment status. It creates a new misconduct and disciplinary regime (with stronger processes for senior officers), lets APS staff take up roles in other government bodies while keeping APS rights for up to three years, and updates appointment, probation and leave rules to increase flexibility and accountability.
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Direct links to the current provisions in Public Service Amendment Act 1978.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
PUBLIC SERVICE AMENDMENT ACT 1978
No. 170 of 1978
An Act to amend the Public Service Act 1922, and for related purposes.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
(2) The Public Service Act 1922 is in this Act referred to as the Principal Act.
Commencement
(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
Interpretation
“‘criminal offence’ means—
(a) an offence against the law of the Commonwealth or of a State or Territory; or
(b) an offence against a law of, or of a part of, a foreign country, being an offence of a kind which, if committed in, or within the jurisdiction of, a State or Territory, would constitute an offence against the law of the Commonwealth or of that State or Territory;”.
Officers of the Parliament
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) Notwithstanding anything contained in this Act—
(a) all appointments or promotions of officers of the Department of the Senate shall be made by the Governor-General on the recommendation of the President of the Senate;
(b) all appointments or promotions of officers of the Department of the House of Representatives shall be made by the Governor-General on the recommendation of the Speaker;
(c) all appointments or promotions of officers of the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department shall be made by the Governor-General on the joint recommendation of the President and of the Speaker; and
(d) the President or the Speaker or the President and the Speaker, as the case may be, may from time to time fix the periods of recreation leave which may be granted to officers and employees of the Parliament.
“(2) Subject to this section, unless inconsistent with the context, any action or approval required by this Act or the regulations to be taken or given by the Board may, so far as officers of the Parliament are concerned, be taken or given by the President or the Speaker, or the President and the Speaker, as the case may be, in substitution for the Board, and any action required or authorized by this Act or the regulations to be taken by a Permanent Head or Chief Officer shall or may be taken—
(a) in relation to officers of the Department of the Senate—by the Clerk of the Senate;
(b) in relation to officers of the Department of the House of Representatives—by the Clerk of the House of Representatives;
(c) in relation to officers of the Department of the Parliamentary Library—by the Parliamentary Librarian;
(d) in relation to officers of the Department of the Parliamentary Reporting Staff—by the Principal Parliamentary Reporter; and
(e) in relation to officers of the Joint House Department—by the Secretary to the Joint House Department.”;
(b) by inserting in sub-section (6) “and employees” after “officers”;
(c) by inserting in sub-section (7) “and employees” after “officers” (wherever occurring); and
(d) by omitting sub-section (8) and substituting the following sub-section:
“(8) In this section—
(a) a reference to officers of the Parliament shall be read as a reference to officers of the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff or the Joint House Department; and
(b) a reference to employees of the Parliament shall be read as a reference to employees performing duties in a Department specified in paragraph (a).”.
Delegation by Board
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) The Board may, by instrument in writing signed by all, or a majority of, the members of the Board, either generally or as otherwise provided by the instrument, delegate to the Chairman of the Board, to another member of the Board or to an officer or employee any of its powers and functions under this Act or under any other law, whether passed or made before or after the commencement of this sub-section, other than this power of delegation.
“(1a) A power or function so delegated, when exercised or performed by the delegate, shall, for all purposes, be deemed to have been exercised or performed by the Board.
“(2) A delegation of a power or function under this section—
(a) does not prevent the exercise of the power or the performance of the function by the Board;
(b) subject to paragraph (c), continues in force notwithstanding any change in the membership of the Board; and
(c) may be revoked by instrument in writing signed by all, or a majority of, the members for the time being of the Board.
“(2a) Section 34a of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Board were a person.”; and
(b) by adding at the end thereof the following sub-section:
“(4) In this section—
(a) a reference to the Chairman of the Board shall, if another member of the Board is acting as Chairman of the Board, be read as a reference to that member; and
(b) a reference to a member of the Board shall, if a person is acting as the deputy of such a member, be read as including a reference to that person.”.
(2) An instrument of delegation in force under section 16 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it were an instrument of delegation under section 16 of the Principal Act as amended by sub-section (1).
Increments
(2) The amendment effected by sub-section (1) applies to and in relation to any order that the payment be deferred of an increment of salary to which an officer would, but for that order, have been entitled upon the expiration of a period ending on or after the date of commencement of this section, whether or not that order was made on or after that date.
Conditions of advancement
“32. (1) Where a scale of rates of salary is applicable to an office, or an office included in a class of offices, the Board may, by instrument in writing published in the Gazette—
(a) determine that an officer occupying that office, or an office included in that class of offices, shall, upon compliance with such conditions as are specified in the instrument, be paid salary at such rate in that scale as is specified or referred to in the instrument; and
(b) determine that an officer occupying that office, or an office included in that class of offices, shall not be paid salary at a rate in that scale exceeding such rate as is specified or referred to in the instrument unless he has complied with such conditions as are specified in the instrument.
“(2) A determination under sub-section (1) has effect notwithstanding section 31.”.
(2) An instrument in force under section 32 of the Principal Act immediately before the commencement of this section shall, after the commencement of this section, have effect as if it had been made under section 32 of the Principal Act as amended by sub-section (1).
Restriction on number of graduate appointees under section 33
Appointments to offices requiring professional, technical or special qualifications
Special appointments to Second and Third Divisions
Appointments to offices requiring technical or special qualifications
Appointments to be on probation
(a) by omitting from sub-section (1) “Except as otherwise provided by this Act,” and substituting “Subject to sub-section (14) and any other provision of this Act,”;
(b) by omitting sub-section (9) and substituting the following sub-sections:
“(9) The Board shall not—
(a) confirm the appointment of a probationer;
(b) except on the ground that it is not satisfied as to his health, annul the appointment of a probationer; or
(c) direct that a probationer continue on probation,
unless the Board has received—
(d) if he has performed duties as a probationer in a single Department only—a report from the Chief Officer with respect to his service as a probationer; or
(e) in any other case—relevant reports covering the whole of the period of his probationary service.
“(9a) For the purposes of paragraph (9)(e)—
(a) if a probationer performs duties in a Department during a part of the period of his probationary service—a report with respect to the performance of his duties in the Department from a Chief Officer of the Department is a relevant report covering that part of that period;
(b) if a probationer holds a Commonwealth office during a part of the period of his probationary service—a report with respect to the performance of his duties in the office from the Permanent Head of the Department to which he is, by virtue of holding the office, attached for administrative purposes is a relevant report covering that part of that period;
(c) if a probationer is employed by a Commonwealth authority during a part of the period of his probationary service—a report with respect to the performance of his duties for the authority from the authority is a relevant report covering that part of that period; and
(d) if a probationer is engaged in eligible public employment other than eligible Commonwealth employment during a part of the period of his probationary service—a report with respect to the performance of his duties in the employment from such person as the Board considers appropriate is a relevant report covering that part of that period.
“(9b) Where it is not reasonably practicable for the Board to obtain a relevant report covering a part of the period of probationary service of a probationer, the Board may make such inquiries as it considers reasonable and practicable in the circumstances with respect to the performance of his duties during that part of that period and, if it does so, shall then be deemed to have received a relevant report covering that part of that period.
“(9c) In sub-section (9a), ‘Commonwealth authority’, ‘Commonwealth office’, ‘eligible Commonwealth employment’ and ‘eligible public employment’ have the same respective meanings as they have in Part IV.”;
(c) by inserting in sub-section (13) “performing duties in a Department” after “officer”; and
(d) by adding at the end thereof the following sub-sections:
“(14) The Board—
(a) may appoint a person to the Service without probation; or
(b) may, at any time before the expiration of the period of 6 months from the date as from which a person was appointed to the Service (whether the appointment was made before, or is made after, the commencement of this sub-section) determine that this section shall have effect as if the person had been appointed to the Service without probation.
“(15) A reference in this section to the appointment of a person to the Service shall be read as including a reference to the reappointment of a person to the Service under section 47b, 47c, 63f, 63g, 66b, 87m, 87q or 87r.”.
Reappointment of retired officers
(a) by omitting sub-section (1) and substituting the following sub-sections:
“(1) Subject to this section, the Board may re-appoint to the Service, under this section, a person who has, whether before or after the commencement of this sub-section, ceased to be an officer.
“(1a) The Board shall not re-appoint a person to the Service under this section—
(a) if the person ceased, or last ceased, to be an officer by reason of his having been dismissed from the Service for misconduct; or
(b) if the person has been engaged in eligible public employment, within the meaning of Part IV, after he ceased, or last ceased, to be an officer and was dismissed from that employment for misconduct.
“(1b) Sub-section (1a) does not apply in relation to a person in relation to whom that sub-section would, but for this sub-section, apply if—
(a) his dismissal was by reason of his having been found by a court to have committed a criminal offence within the meaning of Division 6; and
(b) the finding of the court has been nullified within the meaning of section 63f.
“(1c) For the purposes of sub-section (1a)—
(a) a person shall be deemed to have been dismissed from the Service for misconduct—
(i) if he was dismissed from the Service under section 55 or 62 of the Public Service Act 1922 as in force at any time before the commencement of this sub-section; or
(ii) if he was dismissed from the Service after the commencement of this sub-section under Division 6; and
(b) a person shall be deemed to have been dismissed from eligible public employment, within the meaning of Part IV, for misconduct if he was dismissed from that employment on grounds similar to the grounds on which an officer may be dismissed from the Service under Division 6 of this Part.”; and
(b) by omitting sub-sections (3) and (4).
Reappointment of persons who have retired from Service to become candidates at elections
(a) by omitting sub-section (3); and
(b) by inserting in sub-section (5) “of this Act and of any other Act (other than the Superannuation Act 1976)” after “purposes”.
Recognition of prior service
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) Where the current period of employment of an officer is continuous with a period during which he was continuously employed, in a full-time capacity, in a qualifying service, or in 2 or more qualifying services in succession, the Board may, at, or at any time after, the commencement of his employment in the Service, determine that the whole or a part of the second-mentioned period is to be reckoned as a period of service in the Service for such purposes as the Board specifies.
“(2) Where an officer to whom this sub-section applies was, during a period (in this sub-section referred to as the ‘relevant period’) that commenced on 16 September 1975, continuously employed, in a full-time capacity, in—
(a) a service referred to in paragraph (4)(a) or (b); or
(b) 2 or more of the services referred to in paragraphs (4)(a), (b) and (c) in succession,
the officer shall, for the purposes of sub-section (1), be deemed to have been continuously employed in a qualifying service during the period, or during each of the periods, during which he was, during the relevant period, employed, in a full-time capacity, in a service referred to in paragraph (4)(a) or (b).”;
(b) by omitting from sub-section (3) “a person who is an officer of the Australian Public Service and” and substituting “an officer who”;
(c) by omitting from sub-section (5) the definitions of “authority of the Commonwealth or of a State or Territory” and “public employer”; and
(d) by adding at the end thereof the following sub-sections:
“(6) For the purposes of this section—
(a) a person shall be deemed to have been employed, in a f
This is an opening excerpt, not the complete document.