Public Service Regulations (Amendment - Interim Reforms)

Commonwealth Coat of Arms of Australia

Statutory Rules 1998 No. 231

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Public Service Regulations2 (Amendment—Interim Reforms)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Public Service Act 1922.

Dated 18 February 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

DAVID KEMP

Minister for Employment, Education, Training
and Youth Affairs

for the Prime Minister

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1. Commencement

1.1 These Regulations commence on 15 March 1998.

2. Amendment

2.1 The Public Service Regulations are amended as set out in these Regulations.

3. New Part 1A

3.1 After Part I, insert:

“PART 1A—APS VALUES, CODE OF CONDUCT AND STATE OF THE SERVICE REPORT

“Division 1—Interpretation

Definitions for Part 1A

“4. In this Part:

‘Agency’ means a Department;

‘Agency Head’, for a Department, means the Secretary of the Department;

‘APS’ means the Australian Public Service;

‘APS employee’ means a person who is:

(a) an officer; or

(b) an employee (except a person engaged overseas to perform duties overseas);

other than an officer or employee of a Parliamentary Department;

‘APS employment’ means employment as an APS employee;

‘APS Values’ means the values in regulation 5;

‘Australian law’ means:

(a) a Commonwealth, State or Territory law; or

(b) an instrument made under such a law;

‘Code of Conduct’ means the rules in regulation 7;

‘Department’ does not include a Parliamentary Department.

“Division 2—APS Values and APS Code of Conduct

The APS Values

“5. The APS Values are as follows:

(a) the APS is apolitical, performing its functions in an impartial and professional manner;

(b) the APS is a public service in which employment decisions are based on merit;

(c) the APS provides a workplace that is free from discrimination and recognises the diverse backgrounds of APS employees;

(d) the APS has the highest ethical standards;

(e) the APS is accountable for its actions, within the framework of Ministerial responsibility, to the Government, the Parliament and the Australian public;

(f) the APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and implementing the Government’s policies and programs;

(g) the APS delivers services fairly, effectively, impartially and courteously to the Australian public;

(h) the APS has leadership of the highest quality;

(i) the APS establishes cooperative workplace relations based on consultation and communication;

(j) the APS provides a fair, flexible, safe and rewarding workplace;

(k) the APS focuses on achieving results and managing performance.

Agency Heads must uphold and promote APS Values

“6. An Agency Head must uphold and promote the APS Values.

The APS Code of Conduct

“7. (1) An APS employee must behave honestly and with integrity in the course of APS employment.

“(2) An APS employee must act with care and diligence in the course of APS employment.

“(3) An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.

“(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws.

“(5) An APS employee must comply with any lawful and reasonable direction given by someone in the employee’s Agency who has authority to give the direction.

“(6) An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister’s member of staff.

“(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.

“(8) An APS employee must use Commonwealth resources in a proper manner.

“(9) An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee’s APS employment.

“(10) An APS employee must not make improper use of:

(a) inside information; or

(b) the employee’s duties, status, power or authority;

in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.

“(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.

“(12) An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.

“(13) An APS employee must not, except in the course of his or her duties as an APS employee or with the Agency Head’s express authority, give or disclose, directly or indirectly, any information about public business or anything of which the employee has official knowledge.

Agency Head bound by Code of Conduct

“8. An Agency Head is bound by the Code of Conduct in the same way as an APS employee.

“Division 3—Public interest whistleblowing

Protection for whistleblowers

“9. A person performing functions in or for an Agency must not victimise, or discriminate against, an APS employee because the APS employee has reported breaches (or alleged breaches) of the Code of Conduct to:

(a) the Agency Head or a person authorised by the Agency Head; or

(b) the Commissioner or a person authorised by the Commissioner.

Procedures for dealing with reports

“10. An Agency Head must establish procedures for dealing with reports referred to in regulation 9.

Note: “[NOTE: For disciplinary action that may be taken for breaches of the Code of Conduct, see section 61 of the Act.]

Minimum requirements for procedures

“11. The procedures must:

(a) have due regard to procedural fairness and comply with the Privacy Act 1988; and

(b) provide that Agency employees may report breaches (or alleged breaches) of the Code of Conduct to the Agency Head, or a person authorised by the Agency Head; and

(c) provide that if the Commissioner agrees that a report relates to an issue that would be inappropriate to report to the Agency Head, the employee may make the report to the Commissioner, or a person authorised by the Commissioner; and

(d) ensure that all reports made by Agency employees of breaches (or alleged breaches) of the Code of Conduct are investigated, unless the Agency Head or Commissioner considers that a particular report is frivolous or vexatious; and

(e) provide information about the protection available under regulation 9 to persons making reports; and

(f) enable Agency employees who are not satisfied with the outcome of an investigation by the Agency to refer the issue to the Commissioner, or a person authorised by the Commissioner; and

(g) ensure that the findings of an investigation are dealt with as soon as practicable.

Note: “[NOTE: For disciplinary action for an officer, see section 61 of the Act.]

“Division 4—State of the Service report

State of the Service report

“12. (1) After the end of each financial year, the Commissioner must give a report to the Minister, for presentation to the Parliament, on the state of the APS during the year.

“(2) The report must include:

(a) an evaluation of the extent to which Agencies incorporate the APS Values; and

(b) an evaluation of the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct.

“(3) The report may form part of the Commissioner’s annual report under section 15 of the Act.

“(4) An Agency Head must give the Commissioner whatever information the Commissioner requires to prepare the report.

“Division 5—Powers of Agency Heads

Powers of Agency Heads

“13. For giving effect to this Part, an Agency Head has, for the Commonwealth, all the rights, duties and powers of an employer in relation to APS employees in the Agency.”.

4. Additional amendments

4.1 The Public Service Regulations are also amended as set out in the Schedule.

5. Application—continuing application to Parliamentary officers

5.1 The amendments of the Public Service Regulations made by these Regulations do not apply to officers and employees of the Parliamentary Departments, and the Public Service Regulations continue to apply to those officers and employees as if those amendments had not been made.

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SCHEDULE Regulation 4.1

ADDITIONAL AMENDMENTS

1. Regulation 3 (Interpretation)

1.1 Subregulation 3 (1):

Insert the following definition:

“‘Parliamentary Department’ means 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;”.

1.2 Subregulation 3 (1) (definition of “Regional Director”):

Omit the definition.

1.3 Subregulations 3 (2) and (3):

Omit the subregulations.

2. Regulation 4 (Repeal of previous regulations)

2.1 Omit the regulation.

3. Division I of Part II (Attendance and Duties of Officers)

3.1 Omit the heading to the Division, substitute:

“Division 1—Attendance and returns”.

4. Regulation 7 (Officers to acquaint themselves with Act, Regulations and Determinations)

4.1 Renumber the regulation as regulation 14.

5. Regulation 8 (Act, Regulations and Determinations to be available to officers)

5.1 Omit the regulation.

6. Regulation 8A (Duties of officers)

6.1 Omit the regulation.

7. Regulation 8B (Conflict of interests)

7.1 Omit the regulation.

8. Regulation 9 (Hours of attendance for part-time officers)

8.1 Renumber the regulation as regulation 15.

9. Regulation 10 (Hours of duty for part-time employment for section 87 of the Act)

9.1 Renumber the regulation as regulation 16.

10. Regulation 13 (Breaches of the Regulations in relation to attendance for duty and for unauthorised absences)

10.1 Omit the regulation.

11. Regulation 18 (Responsibilities of Permanent Heads)

11.1 Omit the regulation.

12. Regulation 29 (Maintenance of order)

12.1 Omit the regulation.

13. Regulation 30 (Breaches of Regulations to be reported)

13.1 Omit the regulation.

14. Regulation 35 (Information not to be given)

14.1 Omit the regulation.

15. Regulation 36 (Outside influence)

15.1 Omit the regulation.

16. Regulation 37 (Benefits to officers)

16.1 Omit the regulation.

17. Regulation 38 (Acceptance of fees etc)

17.1 Omit the regulation.

18. Regulation 39 (Undue influence by officers)

18.1 Omit the regulation.

19. Regulation 41 (Accounts and public moneys)

19.1 Omit the regulation.

20. Regulation 42 (Contracts)

20.1 Omit the regulation.

21. Regulation 44 (Fines recovered)

21.1 Omit the regulation.

22. Division 2 of Part II (Leave of absence because of illness)

22.1 Omit the Division.

23. Division III of Part II (Hours of Duty and Overtime)

23.1 Omit the Division.

24. Regulation 70A (Application of section 22B of the Act—Commonwealth Teaching Service)

24.1 Omit the regulation.

25. Regulation 70B (Application of section 22B of the Act—persons employed under section 42 of the Naval Defence Act 1910)

25.1 Omit the regulation.

26. Regulation 71 (Declaration of certain offices for subsection 33 (3) of the Act)

26.1 Omit the table, substitute:

27. Regulation 71B (Approved programs for paragraph 33 (4) (b) of the Act)

27.1 Subregulation 71B (1):

Omit the subregulation, substitute:

“(1) For paragraph 33 (4) (b) of the Act, a program is an approved program if the purpose of the program is to encourage the appointment to the Service of persons who are:

(a) members of the aboriginal race of Australia; or

(b) descendants of indigenous inhabitants of the Torres Strait Islands.”.

28. Regulation 72B (Creation and constitution of Joint Council)

28.1 Omit the regulation.

29. Regulation 72C (Deputy Chairperson)

29.1 Omit the regulation.

30. Regulation 72CA (Powers of Deputy Chairperson)

30.1 Omit the regulation.

31. Regulation 72D (Meetings)

31.1 Omit the regulation.

32. Regulation 72E (Functions of the Council)

32.1 Omit the regulation.

33. Regulation 72F (Secretary to the Joint Council)

33.1 Omit the regulation.

34. Regulation 72G (Agenda)

34.1 Omit the regulation.

35. Regulation 72H (Inquiries by the Council)

35.1 Omit the regulation.

36. Regulation 72J (Record of meetings)

36.1 Omit the regulation.

37. Regulation 72K (Procedure)

37.1 Omit the regulation.

38. Regulation 72P (Officers acting as members of Joint Council)

38.1 Omit the regulation.

39. Regulation 72Q (Joint Council: allowances payable to certain members)

39.1 Omit the regulation.

40 Regulation 73 (Allowances based on salary)

40.1 Omit the regulation.

41. Regulation 74 (Exempt officers or employees)

41.1 Omit the regulation.

42. Regulation 74B (Application of determinations under Arbitration (Public Service) Act)

42.1 Omit the regulation.

43. Regulation 74C (Operation of State laws in certain cases)

43.1 Omit the regulation.

44. Regulation 74E (State authorities for the purposes of Division 9A of Part III of the Act)

44.1 Omit the regulation.

45. Part IV (Allowances)

45.1 Omit the Part.

46. Regulation 105 (Notification of vacancies)

46.1 Omit the regulation, substitute:

Notification of SES vacancies

“105. For subsections 33AA (1) and (2), the period is 12 months.”.

47. Regulation 112 (Promotions under section 50 of the Act: notification of vacancies)

47.1 Paragraphs 112 (b) and (c):

Omit the paragraphs, substitute:

“(b) a decision by the Secretary of a Department to fill an office in the Department is a prescribed circumstance if:

(i) a vacancy (the ‘first vacancy’) in the office was notified in the Gazette within 12 months before the decision; and

(ii) the office was filled but again became vacant; and

(iii) the classification, duties and location of the office are the same as when the first vacancy was notified in the Gazette;

(c) a decision by the Secretary of a Department to fill an office in the Department is a prescribed circumstance if:

(i) a vacancy in an office in the Department was notified in the Gazette within 12 months before the decision; and

(ii) the classification, duties and location of both offices are the same;”.

48. Regulation 116B (Directions to act in certain offices for more than 12 months or until the occurrence of an event)

48.1 Paragraph 116B (2) (a):

Omit “6”, substitute “12”.

49. Regulation 138 (Sick leave to employees)

49.1 Omit the regulation.

50. Regulation 169 (Bodies corporate declared to be Commonwealth authorities for the purposes of Part IV of the Act)

50.1 Omit the regulation.

51. Regulation 169A (Bodies declared not to be Commonwealth authorities for Part IV of the Act)

51.1 Omit “corporate”.

52. Regulation 170 (Offices and appointments declared to be Commonwealth offices for the purposes of Part IV of the Act)

52.1 Omit the regulation.

53. Regulation 171AA (Public authorities for the purposes of Part IV of the Act)

53.1 Omit the regulation.

54. Regulation 171A (Public offices for the purposes of paragraph 87 (1) (c) of the Act)

54.1 Omit the regulation.

55. Regulation 172 (Employment that is employment by a Commonwealth authority)

55.1 Omit the regulation.

56. New Part 12

56.1 After Part XI, insert:

“PART 12—TRANSITIONAL

Transitional—application of regulation 116B

“178. Paragraph 116B (2) (a), as in force immediately before the commencement of this regulation, applies to a direction to which regulation 116B applies that was given before that commencement.”.

57. Schedule 1 (Bodies corporate declared to be Commonwealth authorities for the purposes of Part IV of the Act)

57.1 Omit the Schedule.

58. Schedule 1G (Bodies corporate declared not to be Commonwealth authorities for the purposes of Part IV of the Act)

58.1 Omit the Schedule, substitute:

SCHEDULE 1G Regulation 169A

BODIES NOT COMMONWEALTH AUTHORITIES FOR PART IV OF THE ACT

59. Schedule 2 (Offices and appointments declared to be Commonwealth offices for the purposes of Part IV of the Act)

59.1 Omit the Schedule.

60. Schedule 3 (Offices and appointments declared not to be Commonwealth offices for the purposes of Part IV of the Act)

60.1 Omit the Schedule, substitute:

SCHEDULE 3 Regulation 171

OFFICES AND APPOINTMENTS NOT COMMONWEALTH OFFICES FOR PART IV OF THE ACT

61. Schedule 3A (Bodies corporate prescribed for the purposes of paragraph (b) of the definition of “public authority” in sub–section 87 (1) of the Act)

61.1 Omit the Schedule.

62. Schedule 3B (Bodies corporate prescribed for the purposes of paragraph (d) of the definition of “public authority” in sub–section 87 (1) of the Act)

62.1 Omit the Schedule.

63. Schedule 3C (Offices and appointments prescribed for the purposes of paragraph (c) of the definition of “public office” in subsection 87 (1) of the Act)

63.1 Omit the Schedule.

64. Schedule 4 (Offices and appointments prescribed for the purposes of paragraph 87 (2) (m) of the Act)

64.1 Omit the Schedule.

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Note: NOTES

Note: 1. Notified in the Commonwealth of Australia Gazette on 25 February 1998.

Note: 2. Statutory Rules 1935 No. 18 as amended by 1935 Nos. 44, 72, 78 and 119; 1936 Nos. 5, 55, 76, 88, 106, 116, 143 and 154; 1937 Nos. 11, 25, 54, 60, 74, 78, 87, 100, 103 and 118; 1938 Nos. 35, 41, 79, 105, 110 and 113; 1939 Nos. 4, 36, 52, 62, 65, 105, 154, 167 and 168; 1940 Nos. 23, 74, 110, 143 and 247; 1941 Nos. 36, 42, 127, 148, 158, 168, 191, 224, 284 and 310; 1942 Nos. 45, 167, 174, 182, 225, 320, 465, 466 and 552; 1943 Nos. 271, 272 and 301; 1944 Nos. 6, 132, 138 and 143; 1945 Nos. 15, 35, 115, 118 and 124; 1946 Nos. 22, 68, 120, 124 and 153; 1947 Nos. 1, 2, 122, 123, 134, 146, 147, 158 and 163; 1948 Nos. 32, 49, 68, 71, 97, 149, 157 and 158; 1949 Nos. 1, 81, 84 and 98; 1950 Nos. 73, 88, 99 and 100; 1951 Nos. 13, 33, 77 and 110; 1952 Nos. 9, 19, 51 and 94; 1953 Nos. 2, 20, 47, 51, 70 and 93; 1954 Nos. 12, 57, 94, 103 and 126; 1955 Nos. 43, 48 and 67; 1956 Nos. 48, 49, 50 and 133; 1957 Nos. 22 and 58; 1958 Nos. 37 and 57; 1959 Nos. 11, 16, 42, 68 and 99; 1960 Nos. 12, 18, 33, 73, 89 and 93; 1961 Nos. 35, 68 (as amended by 1962 No. 39; 1964 No. 53 and 1966 No. 43), 69, 83, 87, 99, 114, 116, 125, 136 (as amended by 1962 No. 91) and 147; 1962 Nos. 1, 21, 33, 39, 84 and 91; 1963 Nos. 4, 5, 20, 22, 33, 41, 42, 55, 59, 65, 81, 82, 106, 108, 151, 152 and 153; 1964 Nos. 18, 40, 45, 46, 49, 53, 72, 88, 96, 109, 110, 118, 120, 131, 140, 147, 150, 151 and 161; 1965 Nos. 4, 12, 19, 23, 30, 44, 48, 71, 75, 76, 149, 172 and 176; 1966 Nos. 1, 16, 17, 43, 71, 90, 91, 112, 120, 121, 123, 126, 130, 136, 160, 165, 166 and 183; 1967 Nos. 1, 2, 7, 16, 37, 57, 61, 69, 99, 141, 164 and 169; 1968 Nos. 6, 11, 12, 22, 47, 55, 66, 73, 107, 114, 115, 130, 133, 134, 136, 138, 147, 148, 156, 165 and 166; 1969 Nos. 12, 13, 16, 17, 25, 42, 56, 61, 62, 83, 86, 87, 88, 95, 115, 120, 121, 122, 123, 134, 141, 142, 146, 147, 160, 163, 166, 168, 175, 193, 202 and 215; 1970 Nos. 7, 13, 14, 19, 29, 42, 57, 58, 81, 85, 86, 93, 110, 111, 125, 128, 129, 137, 141, 147, 148, 149, 163, 164, 181, 183, 198, 199, 206 and 210; 1971 Nos. 3, 4, 12, 13, 17, 19, 20, 25, 33, 34, 42, 47, 48, 49, 52, 68, 69, 82, 83, 84, 86, 87, 88, 90, 91, 111, 124, 133, 146, 147, 150, 159, 161 and 175; 1972 Nos. 14, 26, 53, 132 and 163; 1973 Nos. 32, 34, 37, 46, 47, 73, 87, 113, 166, 176, 184 and 265; 1973 No. 280 (as amended by 1974 No. 73); 1974 Nos. 5, 15, 16, 51, 73, 98, 99, 119, 135, 143, 149, 168, 169, 204, 223, 242 and 261; 1975 Nos. 17, 18, 33, 54, 72, 132, 150, 174, 184, 194, 212, 217 and 220; 1976 Nos. 17, 18, 71, 95, 96, 116, 152, 153, 154, 155, 167, 178, 180, 182, 229, 231, 248, 300, 302 and 304; 1977 Nos. 9, 12, 15, 57, 62, 74, 75, 94, 119, 194, 195, 212, 222, 245, 257 and 259; 1978 Nos. 7, 8, 9, 33, 84, 109, 154, 205, 285 and 286; 1979 Nos. 9, 10, 68, 78, 142, 179, 219, 259, 261, 262, 263 and 264; 1980 Nos. 18, 26, 52, 89, 97, 103, 145, 226, 227, 231, 272, 344, 364, 402 and 403; 1981 Nos. 9, 34, 35, 44, 51, 79, 109, 306, 307, 350 and 357; 1982 Nos. 30, 40, 41, 54, 61, 75, 87, 257, 290, 336, 390, 392, 293 and 394; 1983 Nos. 4, 5, 9, 30, 35, 36, 55, 57, 91, 98, 109, 110, 112, 119, 138, 219, 295, 267 and 311; 1984 Nos. 14, 54, 80, 107, 112, 140, 141, 142, 211, 234, 247, 253, 272, 400, 436, 468, 469, 470 and 471; 1985 Nos. 7, 29, 34, 65, 108, 177, 208, 298, 334 and 383; 1986 Nos. 7, 124, 130, 131, 132, 133, 134, 135, 155, 187, 256, 314, 340, 341 and 369; 1987 Nos. 25, 38, 90, 137, 157, 180, 270 and 294; 1988 Nos. 151, 224, 245, 365 and 366; 1989 Nos. 58, 99, 112, 144, 179 and 399; 1990 Nos. 214 and 277; 1991 Nos. 286, 338 and 477; 1992 Nos. 53, 65, 303, 324 and 409; 1993 Nos. 27, 132, 146, 196 and 251; 1994 Nos. 147, 170, 202, 291, 292 and 330; 1995 Nos. 105, 243 (as amended by 1995 Nos. 249 and 276), 357 and 379; 1996 No. 339; 1997 No. 127.