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Public Service Act 1999
No. 147, 1999
In force
Administered by
Department of the Prime Minister and Cabinet
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C2024C00795 C22
11 December 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 This Act binds the Crown
5 This Act extends to things outside Australia
6 Engagement of employees in Department or Executive Agency
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Part 2—Interpretation
7 Interpretation
8 Relationship with Fair Work Acts
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Part 3—The Australian Public Service
9 Constitution of the APS
10 APS Values
10A APS Employment Principles
11 Commissioner’s Directions about APS Values
11A Commissioner’s Directions about employment matters
12 Agency Heads must promote APS Values and APS Employment Principles
13 The APS Code of Conduct
14 Agency Heads and statutory office holders bound by Code of Conduct
15 Breaches of the Code of Conduct
18 Promotion of employment equity
19 Limitation on Ministerial directions to Agency Head
19A Agency Heads to implement measures to create a work environment that enables decisions to be made by APS employees at lowest appropriate classification
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Part 4—APS employees
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Division 1—APS employees generally
20 Employer powers etc. of Agency Head
21 Prime Minister’s directions to Agency Heads
22 Engagement of APS employees
23 Classification Rules
24 Terms and conditions of employment
25 Assignment of duties
26 Voluntary moves between Agencies
27 Compulsory moves between Agencies
28 Suspension
29 Termination of employment
30 Retirement
31 Forfeiture of additional remuneration
32 Right of return for election candidates
33 Review of actions
Division 2—The Senior Executive Service
34 SES employees
35 Constitution and role of SES
37 Incentive to retire
38 Commissioner’s certificate required for termination of SES employment
Division 3—Heads of Mission
39 Heads of Mission
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Part 5—The Australian Public Service Commissioner
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Division 1—Commissioner’s functions etc.
40 Australian Public Service Commissioner
41 Commissioner’s functions
41A Inquiry into alleged breach of Code of Conduct by Agency Head or former Agency Head
41B Inquiry into alleged breach of Code of Conduct by APS employee or former APS employee
41C Systems reviews
41D Special reviews
42 Commissioner’s Directions
43 Commissioner’s inquiry powers
44 State of the Service report
44A Capability reviews
44B Action plans
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Division 2—Commissioner’s appointment, conditions etc.
45 Appointment of Commissioner
46 Remuneration and other terms and conditions of appointment
47 Removal from office
48 Acting Commissioner
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Division 3—Special Commissioners
48A Appointment of Special Commissioners
48B Remuneration and other terms and conditions of appointment
48C Termination of appointment
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Part 6—The Merit Protection Commissioner
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Division 1—Merit Protection Commissioner’s functions etc.
49 Merit Protection Commissioner
50 Merit Protection Commissioner’s functions
50A Inquiry into alleged breach of Code of Conduct by APS employee or former APS employee
51 Annual report
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Division 2—Merit Protection Commissioner’s appointment, conditions etc.
52 Appointment of Merit Protection Commissioner
53 Remuneration and other terms and conditions of appointment
54 Removal from office
55 Acting Merit Protection Commissioner
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Part 7—Secretaries of Departments
56 Creation of offices of Secretary
57 Roles and responsibilities of Secretaries
58 Appointment
59 Termination of appointment
60 Engagement of former Secretaries
61 Remuneration and other terms and conditions of appointment
61A Annual performance review
62 Acting Secretary
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Part 8—Secretaries Board
64 Secretaries Board
64A Long term insights reports
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Part 9—Executive Agencies
65 Establishment etc. of Executive Agencies
66 Responsibilities of Heads of Executive Agencies
67 Appointment etc. of Head
68 Remuneration and other terms and conditions of appointment
69 Acting Head
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Part 10—Administrative arrangements and re organisations
71 Arrangements with States and Territories
72 Machinery of government changes
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Part 10A—Protection of information
72A Protection of information—Commissioner’s functions etc.
72B Protection of information—Merit Protection Commissioner’s functions etc.
72C Giving information or producing documents to Commissioner not admissible in evidence etc.
72D Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc.
72E Release of personal information
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Part 11—Miscellaneous
73 Payments in special circumstances
74 Locally engaged employees
75 Attachment of salaries to satisfy judgment debts
77 Positions
78 Delegations
78A Immunity from civil proceedings
78B Australian Public Service Employee Census—results and action plans
79 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
