Assignment of duties within an APS agency

Under section 25 of the Public Service Act 1999 (the Act), an agency head may, from time to time, assign or re-assign duties to an employee within an agency and determine the location at which those duties are to be performed. Such an assignment may be on an ongoing or temporary basis and will come into effect on a day that is determined by the agency head.

As with all powers under the Act, any action taken under section 25 must comply with the APS Values. Value (i) requiring the establishment of workplace relations that value communication, consultation, co-operation and input from employees on matters that affect their workplace, and Value (j) requiring the APS to provide a fair, flexible, safe and rewarding workplace are particularly relevant.

Ongoing and temporary assignment of duties at the same classification level

An agency head may assign or re-assign an APS employee to duties at the same classification level. If so, an agency head is required to put in place measures to ensure that the decisionis based on an assessment of the employee’s work-related qualities and the work-related qualities required for efficient and effective organisational performance – see clause 2.3(1)(b) of the Public Service Commissioner’s Directions 1999 (the Directions). This can be done without an open competitive selection process and without notifying the job in the APS Employment Gazette or an internal bulletin (or similar), unless agency specific arrangements or policies require that such a process be undertaken.

While it is not mandatory, where an assignment to different duties has not been sought by the employee, it may be appropriate to consult with the employee before a final decision is made. An assignment of different duties may raise significant issues for an employee including impact on family responsibilities, occupational health and safety considerations, security considerations or a potential conflict of interest. These issues may significantly affect the employee's capacity, availability and enthusiasm to accept the new assignment or to perform the duties effectively. However, the extent of any consultation and the degree to which an agency takes into account the views of the employee will need to be balanced against the operational efficiency of the agency.

Temporary assignment of duties at a higher classification level

Where an agency head wants to temporarily assign an APS employee to duties at a higher classification, clauses 2.3 and 4.7 of the Directions require that an agency head have in place measures to ensure that, in addition to the employee's work-related qualities, the following factors are considered:

the employee's efficiency
the relative importance to the agency of the duties and other duties in the agency
the length of the assignment
the expected cost
the need for career development opportunities.

It would normally be considered good practice to advertise and conduct an open competitive selection process where a lengthy assignment of duties at a higher classification is being contemplated. However, such an assessment can be made without a formal selection process and without notifying the job in the APS Employment Gazette or an internal bulletin (or similar), unless agency specific arrangements or policies require that such a process be undertaken.

Note: An ongoing assignment of duties at a higher classification level is considered to be a promotion (except where it occurs within a broadbanded structure). See Promotions and Broadbanding for further information.

Ongoing assignment of duties at a lower classification level

An agency head cannot reduce an employee’s classification without the employee’s consent except in the circumstances outlined in subsection 23(4) of the Act (e.g. excess to requirements, as a sanction for a breach of the Code of Conduct, underperformance etc).

Where formal action is taken to assign duties to an employee at a lower classification level in one of the circumstances identified in subsection 23(4) of the Act, the reduction cannot be for a specified time (i.e. it is an ongoing or continuing reduction). Similarly, an ongoing employee can consent to a reduction in classification on an ongoing/continuing basis. In both cases, the employee would need to go through a normal merit selection process if they wanted to move to a higher classification at some later date.

Clause 6.6 of the Directions sets out certain requirements relating to a decision to assign an SES employee duties at a lower classification. It is suggested that agencies contact the Australian Public Service Commission for specific advice where action to reduce the classification of an SES employee is being considered.

Temporary assignment of duties at a lower classification level

An employee can agree to move temporarily to a job at a lower classification level for a certain period, and this agreement could include being remunerated at the lower level. Clause 2.3(1)(b) of the Directions is also relevant to such decisions. Where a temporary reduction in classification occurs, the formal classification of an employee remains the higher classification.

Determining where duties are to be performed

An agency head can, under section 25 of the Act, determine the place or places at which the duties of an employee are to be performed.

This provision gives an agency head flexibility to determine where an employee actually performs his or her work. An agency head could conceivably determine that an employee perform his or her duties:

at his or her normal workplace
at home
in a different office of the agency (but located within the same city or general area)
in another agency’s premises in the same city or general area (noting that this would require some form of agreement between the agencies), or
that the employee be required to relocate to premises located in another city or state.

Agency specific procedures or policies may also govern the extent to which agencies can flexibly implement such decisions and any entitlements/allowances that employees may have.

As can arise with some assignments to other duties, a relocation, especially one involving a move to another city or town, or interstate, may raise significant issues for the employee concerned. The extent of consultation and the degree to which an agency takes into account the views of the employee must be balanced against the operational efficiency of the agency.

Rights of review against a decision to assign, or re-assign, duties

In most circumstances, action under section 25 of the Act to assign duties to an employee is specifically excluded from the review of actions provisions of the Act and Public Service Regulations 1999 (see regulation 5.23 and Schedule 1 to the Regulations).

However, a non-SES employee may lodge a review of action where the assignment of duties involves:

a reduction in classification
a relocation to another place (i.e. a move that requires an employee to move away from their usual place of residence in order to perform the duties), or
asking an employee to perform duties that they cannot be reasonably expected to perform.

Generally, under the review of action provisions, a non-SES employee may lodge an initial request for a review of action with their agency and, if dissatisfied with the outcome of that review, may request that the matter be referred to the Merit Protection Commissioner. See Review of Actions for further information.

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