Home page
> APS legislative framework > Frequently asked questions
> Employment policy and advice
‹ Previous page
Last updated: February 2004
Frequently asked questions
Must a person be released to take up other duties?
The answer to this question depends on the classification of the new duties, and whether they are in the same, or another, agency.
When an APS employee is promoted (whether within the same agency or to another Agency) the promotion takes effect 4 weeks after Gazettal in most cases (or 4 weeks after an application for review of promotion is withdrawn or determined). There is no issue of 'releasing' the employee.
An alternative date of effect can, however be agreed. Where the promotion is:
- within the same agency-the Agency Head and the promotee may agree to an alternative date of effect
- to another agency-the promotee, the losing Agency Head and the gaining Agency Head may all agree to an alternative date of effect.
When it is proposed that an employee take up duties at the same classification level (or a lower level) on an ongoing basis and the new duties are:
- within the same agency-the Agency Head can decide whether and when a person's duties change;
- in another agency- at below SES Level the move takes effect 4 weeks after the employee who is moving notifies the current Agency Head of the move, (unless the employee, the losing Agency Head and the gaining Agency Head all agree to the alternative date of effect);
- In another agency at SES Level the move takes effect with the agreement of the losing agency head. The gaining agency head must inform the Public Service Commissioner of the movement .
When it is proposed that an employee take up duties on a temporary basis and the new duties are:
- within the same agency-the Agency Head can decide whether and when a person's duties change;
- in another agency-the temporary movement can only occur with the approval of the current Agency Head. For non-SES employees, the move usually takes effect 4 weeks after the employee notifies the losing Agency Head of the move or as agreed between the employee, the losing Agency Head and the gaining Agency Head.
Additional information on implementing the possible selection decision is provided in Ongoing Employment - Recruitment and Related Issues.
REFERENCES:
Public Service Act 1999 - sections 25 and 26
Clauses 3.8 to 3.9B of the Public Service Regulations
