Federal Register of Legislation - Australian Government

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Proclamations/Commencement of Act as made
This Proclamation provides for the commencement of schedules 1 to 4 of the Public Service Amendment Act 2013.
Administered by: Prime Minister and Cabinet
Registered 18 Mar 2013
Tabling HistoryDate
Tabled HR19-Mar-2013
Tabled Senate19-Mar-2013
Date of repeal 02 Jul 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

EXPLANATORY STATEMENT

 

Issued by the Minister for the Public Service and Integrity


Public Service Amendment Act 2013


Proclamation

 

The Public Service Amendment Act 2013 (the Act) provides, at item 2 of the table in subsection 2(1), that Schedules 1 to 4 of the Act are to commence on a single day to be fixed by Proclamation.  However, if the provision(s) do not commence within the period of
6 months beginning on the day the Act receives Royal Assent, they will commence on the day after the end of that period.  The Act received Royal Assent on 14 February 2013.

 

The purpose of the Proclamation is to fix 1 July 2013 as the day on which Schedules 1 to 4 of the Act will commence. 

 

The Act amends the Public Service Act 1999 to ensure the Australian Public Service (APS) is able to continue serving the Australian Government, the Parliament and the Australian public ethically, efficiently and effectively. This has been achieved by:

 

(a)    clarifying the roles and responsibilities of Secretaries of Departments and amending their employment arrangements;

(b)   establishing APS leadership groups;

(c)    revising and clarifying the roles and functions of the Public Service Commissioner;

(d)   revising the APS Values; and

(e) implementing a range of operational amendments.

 

The commencement date provides APS agencies with sufficient time to prepare for the implementation of the amendments in the Act.  Agencies will be required to revise or develop policies, instructions and guidance relating to a range of matters amended by the Act—for example, procedures for determining breaches of the Code of Conduct, procedures for imposing sanctions, and procedures for dealing with whistleblower reports.  Agencies will also need to consider how best to communicate the new APS Values and Employment Principles to help staff understand the amendments.  The commencement date enables the Australian Public Service Commission to develop and release detailed advice by topic on the action agencies will need to take by 1 July 2013. 

 

Since the Proclamation provides solely for the commencement of legislative provisions, it is exempt from disallowance under section 42 of the Legislative Instruments Act 2003.  As a result, no statement of compatibility needs to be prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Proclamation was drafted by the Office of Legislative Drafting and Publishing.  No consultation was required given the administrative nature of the instrument.

 

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is registered on the Federal Register of Legislative Instruments.

Authority:  Subsection 2(1) of the
                    Public Service Amendment Act 2013