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Public Service Act 1922
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C2004C06252
01 January 1998
-
21 September 1999
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
6 Chief object of Act
7 Interpretation
7A Schedule 2—Departments
7B Operation of Act
8 Act not to apply to certain persons
8A Exempt officers and employees
9 Officers of the Parliament
9A Creation etc. of offices in Parliamentary Departments
9AA Certain acting appointments in Parliamentary Departments
9AB Modifications of certain provisions in relation to officers of the Parliament
9B Annual report to Parliament by Presiding Officers
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Part II—Composition and Administration of the Australian Public Service
10 Constitution of the Australian Public Service
10A Interpretation
11 Public Service Commissioner
12 Remuneration
13 Leave of absence
14 Disclosure of interests
15 Annual report by Commissioner
16 Resignation
17 Suspension and removal
18 Delegations
18A Acting Commissioner
18B Staff
19 Powers of Commissioner
21 Records of officers
22 Australian Public Service Management Advisory Board
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Part IIA—Personnel Management
22A Personnel management reviews
22B Equal employment opportunity programs
22C Industrial democracy plans
23 Joint Council
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Part III—The Australian Public Service
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Division 1—Secretaries of Departments and Constitution etc. of the Senior Executive Service
25 Secretaries of Departments [see Note 2]
26 Delegation by Secretaries of Departments
26AA The Senior Executive Service
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Division 2A—Creation and Abolition of Offices
27 Creation and abolition of offices
28 Classification of offices and officers
29 Administrative re-arrangements
29A Re-classification of offices
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Division 2B—Part-time Offices
29B Part-time offices
29C Hours of attendance of part-time officers
29D Hours of attendance of certain unattached officers
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Division 4—Appointments, Transfers and Promotions
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Subdivision A—Preliminary
33AAA Interpretation
33 Application of merit principle, prohibition of patronage etc.
33A Notification of certain matters related to appointment, transfer, promotion or advancement
33AA Notification of vacancies in SES offices
33B Board may arrange for tests and examinations
33C Unattached officers
34 Eligibility for appointment to the Service
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Subdivision B—Appointment of Secretaries of Departments
35 Interpretation
36 Appointment of Secretaries of Departments
37 Fixed-term appointments
38 Superannuation benefits for fixed-term Secretaries of Departments
39 Acting appointments of Secretaries of Departments
40 Dual appointment of Secretaries of Departments
41 Certain provisions not to apply to appointments under this Subdivision
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Subdivision C—Appointment of officers other than Secretaries of Departments
42 Appointment of officers other than Secretaries of Departments
42A Appointment of certain continuing employees
43 Special appointments
44 Fixed-term appointments to Senior Executive Service
45 Superannuation benefits for fixed-term Senior Executive Service officers
47 Appointments to be on probation
47A Special provisions relating to appointment of returned soldiers
47AA Appointment and confirmation of appointment of certain officers on specified defence service
47B Re-appointment of retired officers
47C Re-appointment of unsuccessful election candidates
47D Exchange of officers between Australian Public Service and Territorial Service
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Subdivision CA—Transfers and promotions of Senior Executive Service officers
49 Transfer of SES officers
49AA Certain transfers only after merit selection
49A Duties to be performed by Senior Executive Service officers
49B Promotions to Senior Executive Service offices
49C Selection of officers for promotion to Senior Executive Service offices
49D Day on which transfer or promotion takes effect
49DA Cancellation of transfer or promotion
49E Application of Subdivision D
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Subdivision D—Promotions and Transfers of Officers other than Secretaries of Departments and Senior Executive Service Officers
50 Transfers and promotions
50A Selection of officers for promotion
50B Appeals
50D Determination of appeals
50DAA Review of non-appellable promotion decisions by Merit Protection and Review Agency
50DA Transfer or promotion on advice of Joint Selection Committee
50DB Transfer or promotion on advice of management-initiated Joint Selection Committee
50DC Procedure of Joint Selection Committee
50E Taking effect etc. of promotions and transfers
50F Death of officer before appeal determined
50G Cancellation of promotion or transfer
50H Promotion appeal rights of certain officers
50J Transfer of officers by Secretary from one Department to another
50K Simultaneous transfers within a Department
51 Transfers of officers and employees between Departments
51AA Abolition of Department or changed administrative arrangements
51A Temporary performance of duties
52 Officer may apply to decline transfer within Department etc.
53 Transfers and promotions to specified offices may be made in accordance with order of passing examinations
53A Promotion of officers who complete courses of training for special positions
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Division 6—Discipline
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Subdivision A—Preliminary
55 Interpretation
56 Meaning of failure to fulfil duty as officer
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Subdivision B—Secretaries of Departments and Certain Unattached Officers
56A Interpretation
57 Disciplinary action in respect of Secretaries of Departments etc.
58 Conviction by courts of Secretaries of Departments etc.
59 Suspension of Secretaries of Departments etc.
60 Removal and variation of suspension relating to Secretaries of Departments
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Subdivision C—Officers other than Secretaries of Departments
60A Interpretation
61 Disciplinary action
62 Inquiries into misconduct
63 Convictions by courts
63B Suspension
63C Removal and variation of suspension
63D Appeals
63F Nullification of conviction
63G Review of findings
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Subdivision D—Officers employed otherwise than in a Department
63J Interpretation
63JA Suspension
63K Misconduct committed before becoming an unattached officer
63L Misconduct while unattached officer
63M Criminal offences
63N Date of effect of directions
63P Appeals
63Q Reasons to be given for finding or direction
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Subdivision E—Miscellaneous
63R Imprisonment
63S Application to unattached officers performing duty in Department
63T Application to certain employees
64 Attachment of salaries of officers
65 Deduction of pecuniary penalty from salary
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Division 6A—Forfeiture of Office
66A Forfeiture of office
66B Re-appointment of officers deemed to have retired under section 66A
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Division 8—Leave of Absence
68E Liability of officers in respect of excess recreation leave in certain cases
70 Leave of absence on account of illness
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Division 8A—Retirement and Redeployment of Secretaries of Departments
76A Interpretation
76B Retirement upon or after attaining minimum retiring age
76C Retirement on ground of age
76D Retirement of Secretaries of Departments on grounds of inefficiency or incapacity
76E Termination of appointment
76F Redeployment of unattached Secretaries of Departments
76FA Special benefits available to retiring unattached Secretaries
76G Secretaries of Parliamentary Departments recommended for retirement on medical grounds may be declared unattached
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Division 8B—Retirement and redeployment of Senior Executive Service officers
76H Interpretation
76I Retirement of Senior Executive Service officers upon or after attaining minimum retiring age
76J Retirement on ground of age
76L Redeployment and retirement of SES officers
76M Appeal to Appeal Committee
76N Retirement with consent of officer on grounds of invalidity
76P Unattachment of Senior Executive Service officers
76R Special benefits available to retiring officers
76RA Retirement on ground of invalidity under the Superannuation Acts
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Division 8C—Redeployment and retirement of officers other than Secretaries of Departments and Senior Executive Service officers
76S Interpretation
76T Power to reduce officer’s classification
76U Retirement upon or after attaining minimum retiring age
76V Retirement on ground of age
76W Powers of Secretary and Board
76WA Retirement on ground of invalidity under the Superannuation Acts
76X Board may issue administrative instructions and directions
76Y Unattachment of officers
76Z Appeals
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Division 9—Reciprocal Services of Officers of the Service and State Officers
77 Interpretation
77A State officer not disqualified from employment in the Service
78 Arrangements with State for services of State officer
80 Agreement with State for performance of State duties by officer of the Service
81 Arrangements with State as to pension etc. where officer employed in dual capacities
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Division 9A—Transfer or reintegration of persons into or out of the Service
81A Interpretation
81B Appointment or employment of persons where functions to be performed by Commonwealth etc.
81C Transfer of persons where functions to be performed by Commonwealth authority
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Division 10—Employees
82 Interpretation
82AA Categories of employees
82AB Declaration of classes of continuing employees
82AC Employment of continuing employees
82AD Employment of short-term employees
82AE Employment of fixed-term employees
82AF Employment of overseas employees
82AG Special employment programs
82AH Termination of employment
82AJ Unauthorised absence from employment to be taken as retirement
82AK Employment of employee taken to have retired under section 82AJ
82B Employment of unsuccessful election candidates
82BA Administrative re-arrangements
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Division 10A—Determination of Certain Terms and Conditions of Employment
82C Interpretation
82D Determinations
82E Determination of matters by reference to other instruments
82F Determination is a disallowable instrument
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Part IV—Officers Holding Public Offices or Employed by Public Authorities
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Division 1—Preliminary
87 Interpretation [see Note 3]
87A Officers employed by body that ceases to be Commonwealth authority etc.
87B Restriction on prescription of public authorities etc.
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Division 2—Officers engaged in certain Public Employment
87C Officers engaged in eligible public employment
87D Cessation of leave without pay
87E Preservation of rights in respect of leave
87F Long service leave
87G Office to become vacant in certain circumstances
87H Application of sections 49B, 50, 50DA and 53 to certain unattached officers
87J Employment of officers by certain authorities etc. upon transfer of functions
87JA Officer electing to be retired
87JB Excess officer failing to resign from employment
87JC Excess officer resigning from employment
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Division 3—Rights of certain Former Officers
87KAA Interpretation
87K Persons to whom Division applies
87L Long service leave
87M Right to re-enter Service by way of transfer or promotion
87N Application for re-appointment to the Service
87P Application for re-instatement as person to whom Division applies
87Q Re-appointment to Service
87R Re-appointment in special circumstances
87S Rights of officers upon re-appointment
87SA Person electing to be retired
87SB Excess employee failing to apply for re-appointment
87SC Excess employee applying for re-appointment to Service
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Division 4—Officers to whom Officers’ Rights Declaration Act or Trade Commissioners Act applies
87TA Preservation of rights of certain officers
87U Rights of officers to whom repealed Officers’ Rights Declaration Act applies
87UA Officer electing to be retired
87UB Excess officer failing to apply for appointment to an office in the Service
87UC Excess officer applying for appointment to an office in the Service
87V Effect of repealed Officers’ Rights Declaration Act ceasing to apply to officer
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Division 5—Special Provisions Relating to Certain Persons
87X Interpretation
87Y Provisions relating to certain officers on leave under section 71 and engaged in prescribed employment
87Z Provisions relating to certain officers on leave under section 71 and employed in Northern Territory Public Service
87ZA Provisions relating to former officers who resigned to join certain commissions
87ZC Status of certain persons engaged in eligible Commonwealth employment
87ZCA Postponement of effect of resignation in certain circumstances
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Division 6—Miscellaneous
87ZD Promotion of certain former officers
87ZE Continuity of employment by public authorities
87ZF Service of documents
87ZG Revocation of determinations by Board
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Part V—Miscellaneous
88 Performance of duties of officer in absence
88A Powers of Prime Minister
89 Conditions of occupancy of residential premises
89A Protection of persons in respect of work reports on officers or employees
90 Payments to officers
90A Staff Suggestions Schemes
91 Performance of work outside the Service
91A Officers receiving remuneration additional to salary
92 Effect of appointments etc. by Board etc.
96 Personation etc. at examinations
97 Regulations
Schedule 2—Departments
Schedule 3—Secretaries of Departments
Schedule 4—Modifications of Act in relation to Parliamentary Departments
