Public Service Classification Rules 2000
as amended
made under subsection 23(1) of the
Public Service Act 1999
Compilation start date: 1 December 2014
Includes amendments up to: Public Service Classification Amendment (Work Level Standards and Other Measures) Rule 2014
About this compilation
The compiled instrument
This is a compilation of the Public Service Classification Rules 2000 that shows the text of the law as amended and in force on 1 December 2014 (the compilation date).
This compilation was prepared on 1 December 2014.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is set out in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.
Contents
1............ Name of Rules............................................................................................................... 1
2............ Commencement............................................................................................................. 1
4............ Definitions—the dictionary........................................................................................... 1
5............ Approved classifications............................................................................................... 1
6............ Classification of APS employees: general..................................................................... 1
7............ Classification of APS employees: section 26 agreement............................................... 1
8............ Classification of SES employees................................................................................... 2
9............ Classification of duties.................................................................................................. 2
10.......... Work level standards for classifications other than APS Level, Executive Level or SES classifications 3
11.......... Movement from a training classification........................................................................ 3
12.......... Reduction of classification of APS employee................................................................ 3
13.......... Delegation..................................................................................................................... 3
14.......... Transitional provisions relating to the Public Service Classification Amendment (Work Level Standards and Other Measures) Rule 2014.................................................................................................... 4
Schedule 1—Approved classifications 5
Schedule 2—Training classifications 7
Dictionary 8
Endnotes 9
Endnote 1—About the endnotes 9
Endnote 2—Abbreviation key 10
Endnote 3—Legislation history 11
Endnote 4—Amendment history 12
1 Name of Rules
These Rules are the Public Service Classification Rules 2000.
2 Commencement
These Rules commence on gazettal.
4 Definitions—the dictionary
(1) The dictionary at the end of these Rules defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in these Rules (signpost definitions).
Note: The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than one rule.
(3) A definition in these Rules applies to each use of the word or expression in these Rules, unless the contrary intention appears.
5 Approved classifications
For the purposes of these Rules, a classification is an approved classification if it is:
(a) a classification under a modern award or a transitional APCS as in force at a particular time or as in force from time to time; or
(b) a classification mentioned in column 2 of Schedule 1; or
(c) a training classification mentioned in column 2 of Schedule 2.
Note: Subsection 23(2) of the Act provides that the Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of a modern award or a transitional APCS, as in force at a particular time or as in force from time to time.
6 Classification of APS employees: general
(1) An Agency Head must allocate an approved classification to each APS employee in the Agency.
(2) Subject to rule 7, the classification must be based on the group of duties that are determined by the Agency Head to be the duties to be performed by the employee in the Agency (other than duties temporarily assigned to the employee).
7 Classification of APS employees: section 26 agreement
(1) This rule applies to an Agency Head if:
(a) an ongoing APS employee moves to the Agency Head’s Agency in accordance with an agreement entered into under section 26 of the Act; and
(b) the agreement applies for:
(i) a specified period, in accordance with the agreement and the Public Service Regulations 1999; or
(ii) the duration of a specified task, in accordance with the agreement and those Regulations.
(2) The Agency Head must not comply with rule 6.
(3) The Agency Head must allocate to the employee:
(a) the approved classification that was allocated to the employee immediately before moving to the Agency; or
(b) another approved classification that is in the same group as the classification mentioned in paragraph (a).
(4) The allocation of a classification in accordance with subrule (3) does not prevent the employee from:
(a) performing the duties that are to be performed by the employee following the move to the Agency; and
(b) receiving the pay and other entitlements that are to be paid to the employee following the move to the Agency.
8 Classification of SES employees
For section 34 of the Act, an APS employee is classified as an SES employee if the employee's classification is any of the following approved classifications:
(a) Senior Executive Band 1;
(b) Senior Executive Band 2;
(c) Senior Executive Band 3.
9 Classification of duties
(1) An Agency Head must allocate an approved classification to each group of duties to be performed in the Agency.
(2) The allocation of an approved classification to a group of duties must be based on the work value of the group of duties.
(2A) The allocation of an APS Level classification, Executive Level classification or SES classification to a group of duties must be based on the work value of the group of duties described in the work level standards for that classification issued, in writing, by the Commissioner (as those standards exist on 1 December 2014).
(3) If a training classification is allocated to a group of duties, the Agency Head must ensure that the duties include a requirement to undergo training.
(4) If a group of duties to be performed in an Agency involves work value applying to more than one classification, the Agency Head may allocate more than one classification (called a broadband) to the group of duties.
(5) However, subrule (4) does not apply to a group of duties to be performed by an SES employee.
10 Work level standards for classifications other than APS Level, Executive Level or SES classifications
An Agency Head must issue, in writing, work level standards for each classification, other than an APS Level classification, Executive Level classification or SES classification, describing the work value of the group of duties to be performed in the Agency at that classification.
11 Movement from a training classification
(1) If an APS employee who is employed at a training classification satisfactorily finishes each training requirement for the training classification, the Agency Head must allocate to the employee a classification mentioned in column 3 of Schedule 2 that relates to the employee’s training classification.
(2) This rule does not apply to the employee if the employee is engaged in accordance with subregulation 3.5(4) of the Public Service Regulations 1999 for a specified term, or for the duration of a specified task, for the purpose of the employee gaining skills and experience.
12 Reduction of classification of APS employee
For the purposes of subsection 23(4) of the Act, the classification of an APS employee is reduced if the Agency Head allocates to the employee a classification that is in a lower classification group than the employee’s classification before the reduction.
13 Delegation
(1) An Agency Head may, in writing, delegate to a person any of the Agency Head’s powers or functions under these Rules (other than this rule).
(2) However, an Agency Head cannot delegate powers or functions to an outsider without the prior written consent of the Commissioner.
(3) A person (the first delegate) to whom powers or functions are delegated under subrule (1) may, in writing, delegate any of the powers or functions to another person (the second delegate).
(4) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subrule (3), the first delegate must give corresponding directions to the second delegate.
(5) A power or function that is exercised or performed by a person under a delegation under subrule (3) is taken, for the purposes of these Rules, to have been exercised or performed by the person who originally delegated the corresponding power or function under subrule (1).
(6) A person exercising powers or functions under a delegation under this rule must comply with any directions of the Agency Head who delegated the power or function.
(7) For subrule (2):
outsider means a person other than:
(a) an APS employee; or
(b) a person appointed to an office by the Governor‑General, or by a Minister, under a law of the Commonwealth.
14 Transitional provisions relating to the Public Service Classification Amendment (Work Level Standards and Other Measures) Rule 2014
(1) Despite the amendments of rules 9 and 10 and the Dictionary made by Part 1 of Schedule 1 to the Public Service Classification Amendment (Work Level Standards and Other Measures) Rule 2014:
(a) an approved classification that, before 1 December 2014, was allocated to a group of duties to be performed in an Agency continues to have effect on and after that day; and
(b) work level standards for a classification, other than an APS Level classification or Executive Level classification, that were in effect under rule 10 immediately before 1 December 2014 continue to have effect on and after that day as if they had been issued under rule 10 as in force on or after that day.
(2) However, if an Agency Head allocates an APS Level classification, Executive Level classification or SES classification to a group of duties on or after 1 December 2014, the allocation must be done in accordance with these Rules as in force on or after that day.
Note: The effect of this subrule is that the allocation would need to be based on the work value of the group of duties described in the work level standards for the relevant classification issued, in writing, by the Commissioner (see subrule 9(2A)).
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
Endnote 2—Abbreviation key
| A = Act | orig = original |
| ad = added or inserted | par = paragraph(s)/subparagraph(s) |
| am = amended | /sub‑subparagraph(s) |
| amdt = amendment | pres = present |
| c = clause(s) | prev = previous |
| C[x] = Compilation No. x | (prev…) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expires/expired or ceases/ceased to have | rep = repealed |
| effect | rs = repealed and substituted |
| F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
| gaz = gazette | Sch = Schedule(s) |
| LI = Legislative Instrument | Sdiv = Subdivision(s) |
| LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
| (md) = misdescribed amendment | SR = Statutory Rules |
| mod = modified/modification | Sub‑Ch = Sub‑Chapter(s) |
| No. = Number(s) | SubPt = Subpart(s) |
| o = order(s) | underlining = whole or part not |
| Ord = Ordinance | commenced or to be commenced |
Endnote 3—Legislation history
| Name | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
| Public Service Classification Rules 2000 | 29 Nov 2000 (gaz 2000, No GN47) | 29 Nov 2000 (s 2) | |
| Public Service Classification Amendment Rules 2006 (No. 1) | 23 June 2006 (F2006L01950) | 1 July 2006 (s 2) | — |
| Public Service Classification Rules Amendment 2012 (No. 1) | 4 Dec 2012 (F2012L02311) | 5 Dec 2012 (s 2) | Sch 2 (item 1) |
| Public Service Classification Rules Amendment 2013 (No. 1) | 1 Feb 2013 (F2013L00146) | 2 Feb 2013 (s 2) | — |
| Public Service Classification Amendment (Work Level Standards and Other Measures) Rule 2014 | 28 Nov 2014 (F2014L01601) | 1 Dec 2013 (s 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 3........................................ | rep F2014L01601 |
| r 4........................................ | am F2014L01601 |
| r 5........................................ ............................................. | am 2012 No 1; 2013 No 1 |
| | |
| r 8........................................ | am 2012 No 1; 2013 No 1 |
| r 9........................................ | am 2012 No 1; F2014L01601 |
| r 10...................................... | am 2012 No 1 |
| | rs F2014L01601 |
| r 11...................................... | am F2014L01601 |
| r 14...................................... | ad F2014L01601 |
| Dictionary | |
| Dictionary............................ | am F2014L01601 |
| Schedule 1 | |
| Schedule 1............................ | rs 2006 No 1 |
| | am 2012 No 1 |