Commonwealth Consolidated Acts

PUBLIC SERVICE ACT 1999 - SECT 23

             (1)  The Public Service Minister may, by notice in the Gazette , make rules about classifications of APS employees.

             (2)  The Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of an APCS, as in force at a particular time or as in force from time to time.

             (3)  Agency Heads must comply with the Classification Rules.

             (4)  An Agency Head cannot reduce the classification of an APS employee without the employee's consent, except in the following cases:

                     (a)  as a sanction under section 15;

                     (b)  in accordance with Commissioner's Directions made under section 36;

                     (c)  on the ground that the employee is excess to the requirements of the Agency at the higher classification;

                     (d)  on the ground that the employee lacks, or has lost, an essential qualification for performing duties at the higher classification;

                     (e)  on the ground of non‑performance, or unsatisfactory performance, of duties at the higher classification;

                      (f)  on the ground that the employee is unable to perform duties at the higher classification because of physical or mental incapacity;

                     (g)  in other circumstances prescribed by the regulations.

             (5)  If a relevant APCS, workplace agreement, pre‑reform certified agreement, AWA or pre‑reform AWA contains procedures to be followed when reducing the classification, then a reduction is of no effect unless those procedures are followed.