Home page
> Publications > Conditions of engagement > Introduction > Next: Legislative framework and general principles
> Employment policy and advice
‹ Previous page
Last updated: 15 August 2005
Conditions of engagement
Introduction
Note: This document has not been updated to reflect changes that may flow from the WorkChoices legislation enacted on 27 March 2006
Under the Public Service Act 1999 (the PS Act), agency heads have all the rights, duties and powers of an employer. Their decisions must, of course, comply with the requirements of the PS Act and the various instruments issued under the Act including Public Service Regulations 1999 (the PS Regulations) and the Public Service Commissioner's Directions (the Directions). Employment decisions must also take account of the requirements of the Workplace Relations Act 1996 (WR Act), administrative law and the common law of employment.
1.1 Legal advice and legal proceedings relating to the PS Act
The PS Act is interpreted and applied by all APS agencies. It is therefore important that the Commission be kept fully informed of current legal thinking on the interpretation of the Act so that this can inform the advice provided by the Commission to agencies. Agencies are therefore requested to liaise with the Commission when obtaining advice and forward copies of any legal advice that they obtain regarding the PS Act framework to the Commission, in line with Clause 10 of the Legal Services Directions. These should be forwarded to:
Legal Services Unit
Australian Public Service Commission
16 Furzer Street
PHILLIP ACT 2606
Agencies are also asked to ensure that the APS Commission is notified of any court or Australian Industrial Relations Commission proceedings that raise interpretation of the Act framework. The initial point of contact for such cases is the Group Manager of the Policy Group (02 6202 3833).
1.2 Scope of this booklet
This booklet provides guidance on conditions of engagement dealing with citizenship, formal qualifications, and security, character and health clearances. These conditions can be imposed on the engagement of both ongoing and non-ongoing employees under section 22(6) of the PS Act.
While probation is among the conditions covered by section 22(6), it is the subject of a separate publication and is therefore not addressed in detail in this booklet.
This booklet includes a brief discussion of the powers that an Agency Head has to impose other conditions on a person's engagement, and includes a series of frequently asked questions relating to the imposition of conditions on engagement to the APS.
A reference in this booklet to the agency head is therefore to be read as meaning a delegate. See the booklet Delegations for additional information.
1.3 Related information
The following booklets provide information concerning other recruitment and selection matters:
Get it Right: Recruitment and Selection Kit
Managing Breaches of the APS Code of Conduct
Non-ongoing Employment 1 Specified term and task employment: recruitment and related issues *
Non-ongoing Employment 2 Irregular or intermittent employment: recruitment and related issues *
Ongoing Employment Recruitment and related issues:
Respect: A Good Practice Guide to Promote a Culture free from Bullying and Harassment in the APS*
Training Classifications Trainee, Cadet and Graduate Recruitment*
Termination of Employment (amended 2004)
Values in the Australian Public Service.
* Currently being developed
