5Definitions

#### 5 Definitions > Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) Agency Head; (b) APS employment; (c) Classification Rules; (d) Code of Conduct; (e) Commissioner’s Directions; (ea) former Agency Head; (eb) former APS employee; (f) Merit Protection Commissioner. In this instrument: > Act means the Public Service Act 1999. > action has the meaning given by subsection 33(7) of the Act. > affected employee has the meaning given by subsection 36(1). > affected former employee has the meaning given by subsection 73(1). > APS action has the meaning given by subsection 33(7) of the Act. > Australian Public Service Commissioner means the Australian Public Service Commissioner appointed under the Act. > classification means: (a) in relation to an APS employee or APS employment—an approved classification within the meaning of the Classification Rules; or (b) in relation to a Parliamentary Service employee—an approved classification within the meaning of the Parliamentary Service Classification Rules 2010 as in force at the commencement of this instrument. > debtor means any of the following who owes a judgment debt: (a) a Secretary; (b) the Head of an Executive Agency; (c) an APS employee. > discloser has the same meaning as in the Public Interest Disclosure Act 2013. > employer powers, for an Agency Head, means the rights, duties and powers of the Agency Head under the Act and instruments made under the Act. > employment means APS employment. > employment arrangement means any of the following: (a) a fair work instrument; (b) a transitional instrument; (c) a determination made under subsection 24(1) or (3) of the Act; (d) a written contract of employment. > external review body does not include a court or tribunal. > higher classification, in relation to an ongoing Parliamentary service employee, has the meaning given by section 6. > Independent Selection Advisory Committee (or ISAC) means an Independent Selection Advisory Committee established under Subdivision B of Division 2 of Part 6. > judgment debt has the meaning given by subsection 75(2) of the Act. > medical practitioner means a person who is registered, or licensed, as a health practitioner under a law of a State or Territory that provides for the registration or licensing of health practitioners. > member of the Fair Work Commission has the same meaning as FWC Member has in the Fair Work Act 2009. > merit pool means a pool of candidates for a vacancy, in respect of which each candidate included in the pool has been assessed as being suitable for the vacancy. > net salary of a debtor means the debtor’s total gross salary, less any amount to be deducted: (a) to pay income tax; or (b) to pay child support in accordance with the Child Support (Assessment) Act 1989; or (c) as a contribution that: (i) the debtor is required to make to a superannuation fund relating to the debtor’s appointment or engagement as a Secretary, the Head of an Executive Agency or an APS employee; and (ii) is the minimum amount required by law or the rules of the fund. > ongoing Parliamentary Service employee has the same meaning as in the Parliamentary Service Act 1999. > Parliamentary Service employee has the same meaning as in the Parliamentary Service Act 1999. > paying officer, in relation to a debtor, means a person appointed under section 90 in relation to the debtor. > personal information has the same meaning as in the Privacy Act 1988. > promotion, for an ongoing APS employee, has the same meaning as in the Commissioner’s Directions. > public interest disclosure has the same meaning as in the Public Interest Disclosure Act 2013. > Public Service Gazette means the Australian Public Service Gazette published in electronic form. > Note: The Public Service Gazette is accessible through the APSJobs website (http://www.apsjobs.gov.au). > ranked merit list means a list of candidates for a vacancy, in respect of which each candidate included in the list: (a) has been assessed as suitable for the vacancy; and (b) has been ranked in order of suitability. > ranked merit pool means a pool of candidates for a vacancy, in respect of which: (a) each candidate included in the pool has been assessed as suitable for the vacancy and is assigned to a group of candidates with a similar suitability for the vacancy (whether or not the group consists of one or more persons); and (b) each group is ranked in order of suitability. > relevant Agency Head, for a review of an APS action, means: (a) if the action is an action by an Agency Head—the Agency Head; or (b) if the action is an action by an APS employee—the Agency Head of the Agency in which the employee was employed at the time of the action. > relevant employment means employment as an ongoing APS employee at a classification mentioned in any of Groups 1 to 6 set out in Schedule 1 to the Classification Rules. > reviewable action has the meaning given by section 37. > similar vacancy has the same meaning as in the Commissioner’s Directions. > statutory office holder has the meaning given by subsection 14(3) of the Act. > total gross salary of a debtor means the total of: (a) the amount of the debtor’s gross salary as a Secretary, the Head of an Executive Agency or an APS employee (not including any payment of compensation under the Safety, Rehabilitation and Compensation Act 1988); and (b) the amount of the allowances, in the nature of salary, that are paid regularly to the debtor in connection with the debtor’s appointment or engagement as a Secretary, the Head of an Executive Agency or an APS employee; without any reduction for salary sacrifice arrangements or other arrangements with a similar purpose. > transitional instrument has the same meaning as in the transitional Schedules to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. > transitional minimum wage instrument has the same meaning as in the transitional Schedules to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. > tribunal means a tribunal constituted under an enactment. > vacancy has the same meaning as in the Commissioner’s Directions. > work‑related qualities, in relation to a person, has the same meaning as in the Commissioner’s Directions.