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Movement between APS agencies
An agency head (or delegate) may enter into an agreement in writing with an APS employee for the employee to move to the agency head’s agency from another agency—see section 26 of the Public Service Act 1999 (the Act). The new agency head will also need to assign duties to the employee under section 25 of the Act.
The movement of an APS employee between agencies can be on an ongoing basis or for a specified period, and can generally only occur with the agreement of the employee. Agency heads do not have the power to either unilaterally, or bilaterally with another agency head, move an APS employee to another agency.
The only circumstance in which an employee can be moved to another agency without their consent is where the Public Service Commissioner makes a determination under section 72 of the Act to give effect to a Machinery of Government change, or where the Commissioner compulsorily moves an excess employee under section 27 of the Act. For further information on Machinery of Government changes and the management of excess staff, refer to Machinery of Government.
Ongoing moves between agencies
An agency head and an ongoing non-SES employee can enter into a written agreement for the APS employee to move to that agency head’s agency. The consent of the employee’s current agency head is not required. A move can be either to a job at a higher classification level, which is a promotion and requires a competitive merit selection process (see Promotions (insert link) for further information), or to a job at the same or lower classification level.
An ongoing move to a job at the same or lower classification level takes effect four weeks from the date on which the APS employee tells their current agency head of the agreement, or on another date agreed between the APS employee and the two agencies—see regulation 3.9 of the Public Service Regulations 1999 (the Regulations). For further information on dates of effect of a promotion, refer to Promotions (insert link).
For an ongoing SES employee moving to a job at the same classification level in another agency, the employee’s current agency head must be consulted on, and agree to, the move, and the losing agency head must inform the Public Service Commissioner of the move—see clause 6.4 of the Public Service Commissioner’s Directions 1999 (the Directions).
The movement of an APS employee to a job in another APS agency at the same or lower classification level may occur as a result of the job being advertised in the APS Employment Gazette and following a competitive selection process. However, this is not mandatory, unless agency specific arrangements or policies require that such a process be followed.
Where there is neither an advertisement nor a competitive merit selection process, clause 2.3(1)(b) of the Directions requires the gaining agency head to put in place measures to ensure that the employment decision is made on the basis of an assessment of the employee’s work-related qualities and the work-related qualities required for efficient and effective organisational performance.
Regulation 3.12 of the Regulations provides that the ongoing move of an employee to a job at the same or lower classification level in another agency must be notified in the APS Employment Gazette if the original employment opportunity was notified in the Gazette.
Temporary moves between agencies
A temporary move between agencies may be to a job at the employee’s current classification, or to one at a higher or lower classification.
The employee must seek the written approval of their current agency head for the period of the move before entering into an agreement with the gaining agency head to move to the other agency—see regulation 3.9A of the Regulations. Agencies should have procedures in place for employees to seek the necessary agreement.
Where the agreement of all the parties is obtained, the move takes effect four weeks from the date on which the APS employee tells their current agency head of the agreement, or on another date agreed by the APS employee and the two agencies.
An employee will automatically become an employee of their original agency on cessation of the temporary movement agreement unless other arrangements have been made. The period of the temporary move can only be varied with the agreement of the two agencies and the employee concerned.
Where the current agency head does not agree to the temporary move, the gaining agency head and/or the employee may decide not to proceed with the movement. Alternatively, the gaining agency head and the employee may decide to proceed with the move, but where this occurs, the move will be regarded as an ongoing one with no right of return to the original agency. If the move is to a job at a higher level, this would be a promotion and could not occur unless the requirements for advertising, competitive selection and gazettal had been met.
Where a temporary move to a job in another agency at a higher classification is proposed, there is no requirement for the employment opportunity to be notified in the APS Employment Gazette, or for there to be an open competitive selection process, unless agency specific arrangements or policies provide otherwise. However, clause 4.7 of the Directions provides that an agency head must have in place measures to ensure that the following factors are considered when assigning an employee duties at a higher classification (including to an employee moved from another agency):
- the ongoing 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.
Where an employee moves temporarily to a job at the same or lower classification in another agency, the associated temporary assignment of duties is subject to clause 2.3 of the Directions. This clause requires an agency head to put in place measures to ensure that an employment decision is made on the basis of an assessment of a person's work-related qualities and the work-related qualities required for efficient and effective organisational performance.
There is no maximum period for a temporary movement unless prescribed by agency policy.
Publications
Circulars and Advice
Legislation
- Public Service Act 1999, sections 25 and 26
- Public Service Regulations 1999,regulations 3.9, 3,9A, 3.9B and 3.12
- Public Service Commissioner’s Directions 1999,clauses 2.3, 4.7 and 6.4
Frequently Asked Questions
- What limitations are there on assigning different duties to an employee?
- Do opportunities to perform duties temporarily at a higher classification level (higher duties) need to be advertised?
- What is the basis for selecting a person for temporary higher duties?
- Must a person be released to take up other duties?
- What happens when the government implements administrative re-arrangements (Machinery of Government)?
- What kinds of secondment arrangements are possible to, from or within the Australian Public Service?
- Can a person have dual employment in the Australian Public Service?
