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Last updated: February 2004
Frequently asked questions
What kinds of secondment arrangements are possible to, from or within the APS?
'Secondment' is not specifically provided for in the Public Service Act. Yet it is well-recognised that a person who works for one employer can be 'seconded' to work for a second employer.
Because the word 'secondment' is used loosely to describe a variety of possible arrangements, it is useful to begin by looking at what a secondment is, and how it differs from other possible arrangements.
In the APS context, a secondment is an arrangement entered into where the employee remains an employee of the 'home' APS agency or an outside employer but is 'lent' for a period, by:
- an APS agency to another APS agency;
- an outside employer to an APS agency; or
- an APS agency to an outside employer.
This can be for a variety of reasons, such as a one-off placement to help the host agency meet a short term need, or as part of an ongoing formal exchange program for personal development purposes.
The essence of such an arrangement is that:
- in the case of an APS employee, they formally remain an employee of that agency but are assigned duties by the 'home' Agency Head in another APS agency or with an outside employer (host employer);
- if the employee is a non-APS employee, they are directed by their home employer to perform duties in an APS agency while continuing to be an employee of the home (non-APS) employer.
The practical effect of such a secondment arrangement is that the employee remains an employee of the home employer but the employee is directed by their home employer to take day-to-day direction from the staff of the host employer.
If an APS employee is seconded to a non-APS employer, they remain an APS employee. They continue to be fully bound by the APS Values and Code of Conduct and are considered to be on duty. The home Agency Head retains all the powers and responsibilities of an employer (eg in relation to the employee's conduct, rights of review and so on) in relation to that employee.
Typically:
- the home employer remains responsible for the payment of salary and nearly all terms and conditions of employment (although the host employer may take responsibility for some matters eg providing equipment or travel costs);
- In general, terms and conditions of employment will be unaffected by the move (although specific changes may be agreed eg living away from home allowances if a relocation is involved);
Secondment is often based on a memorandum of understanding (MOU) between the home and host employers. It is important when developing such MOUs that consideration is given to issues such as performance assessment and the respective responsibilities of the home and host employers for matters such as occupational health and safety and superannuation as well as how the conduct and performance of the employee will be monitored.
Other arrangements that are alternatives to secondment
Secondment is different from the situation where an employee enters an agreement with another Agency Head to formally move to that agency on a temporary basis (This is known as a 'temporary movement').
The key difference is that, for the duration of the temporary movement, the employee is no longer an employee of the pre move agency but becomes an employee of the post move agency. Normally the employee will be paid by the post move agency and subject to its terms and conditions of employment for the duration of the move. The post move Agency Head has all the powers and duties of an employer. Further information about temporary movements can be found in Ongoing Employment - Recruitment and Related Issues.
Another situation that is sometimes confused with secondment is where an employee on leave without pay from an APS agency takes up temporary employment with another APS agency (concurrent APS employment, sometimes referred to as 'dual employment') or with an outside employer (outside employment).
Even though an APS employee on leave without pay is not on duty, they remain covered by those aspects of the APS Code of Conduct that apply 'at all times', (such as the provisions relating to conflict of interest and upholding the APS Values and the integrity and good reputation of the APS). In particular, they may need to seek approval for such employment in accordance with the home agency's policies on outside employment and/or managing conflicts of interest.
In addition to such requirements as an APS employee, the employee will usually be subject to the rules and management policies of the new employer. It is good practice to remind employees in this situation to check, (before taking up such employment) whether the new employer has rules on outside employment, as these may require the employee to seek permission to remain an APS employee or may even require the employee to resign from the APS in order to take up the new employment.
