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PUBLIC SERVICE ACT 1999

PUBLIC SERVICE ACT 1999


TABLE OF PROVISIONS

           Long Title

   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  

   PART 2--INTERPRETATION

   7.      Interpretation  
   8.      Relationship with Fair Work Acts  

   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  

   PART 4--APS--EMPLOYEES

           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 ofMission

   39.     Heads of Mission  

   PART 5--THE--AUSTRALIAN PUBLIC SERVICE COMMISSIONER

           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  
   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  

           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  

           Division 3--Special Commissioners

   48A.    Appointment of Special Commissioners  
   48B.    Remuneration and other terms and conditions of appointment  
   48C.    Termination of appointment  

   PART 6--THE--MERIT PROTECTION COMMISSIONER

           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  

           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  

   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  

   PART 8--SECRETARIES--BOARD

   64.     Secretaries Board  

   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  

   PART 10--ADMINISTRATIVE--ARRANGEMENTS AND RE-ORGANISATIONS

   71.     Arrangements with States and Territories  
   72.     Machinery of government changes  

   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  

   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  
   79.     Regulations