The legislative framework for the APS
Last updated: 01 Dec 2016
This page is: current
The principle Act governing the operation of the Australian Public Service is the Public Service Act 1999.
The Act is supported by the following subordinate legislation:
- Public Service Regulations 1999 (link to ComLaw website). These Regulations include provisions relating to the functions of the Australian Public Service Commissioner and the Merit Protection Commissioner (MPC) (link to MPC); the employer powers of Agency Heads; non-ongoing (temporary) employment arrangements; and use and disclosure of personal information.
- Public Service Classification Rules 2000 (link to ComLaw website). These Rules provide an APS wide approach to the classification of duties (jobs) and employees in the APS with work value as the underlying basis.
- Australian Public Service Commissioner's Directions 2016. These Directions include provisions relating to the APS Values; recruitment and selection; performance management; handling of suspected Code of Conduct breaches; and other employment matters.
Other relevant legislation
- Long Service Leave (Commonwealth Employees) Act 1976 (link to ComLaw website)
- Long Service Leave (Commonwealth Employees) Regulations 1957 (link to ComLaw website)
- Maternity Leave (Commonwealth Employees) Act 1973 (link to ComLaw website)
- Maternity Leave (Commonwealth Employees) Regulations 1982 (link to ComLaw website).
- Fair Work Act 2009 (link to Comlaw website)
- Work Health and Safety Act 2011 (link to ComLaw website)
- Safety Rehabilitation and Compensation Act 1988 (link to ComLaw website)
- Various discrimination legislation is available at the Australian Human Rights Commission website
- Australian Public Service Award 2015 (link to Fair Work Commission website).
Legislative requirements specifically in relation to Recruitment, Non-ongoing (temporary) employment and Terminating employment can be found at Management essentials.
Prime Minister's Directions
The Prime Minister has the power, under section 21 of the Public Service Act 1999, to issue general directions in writing to agency heads in relation to the management and leadership of APS employees. There are no current Prime Minister's Directions.
Find more information at Workplace relations.This webpage includes information on the Commonwealth bargaining policy and award modernisation. It also has links to APS remuneration reports and the Australian Public Service Commission's allowance subscription service.