Section 8: Agency Head powers and functions under the PS Act

Section

Power or function

Subsection 15(1)

An Agency Head may impose sanctions for breaches of the Code of Conduct.

Subsection 15(3)

An Agency Head must establish written procedures for determining breaches of the Code of Conduct and sanctions to be imposed where a breach is found.

Subsection 15(7)

An Agency Head must ensure that the procedures established under subsection 15(3) are publicly available.

Section 18

An Agency Head must establish a workplace diversity program.

Subsection 22(1)

An Agency Head may engage persons as APS employees.

Subsection 23(4)

An Agency Head may reduce the classification of an APS employee, without the employee’s consent, only in prescribed circumstance.

Subsection 24(1)

An Agency Head may determine the terms and conditions of employment applying to APS employees in the Agency.

Section 25

An Agency Head may from time to time determine the duties of an APS employee in the Agency, and the place or places at which the duties are to be performed.

Section 26

An Agency Head 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.

Section 27

An Agency Head may notify the Commissioner in writing that an employee is excess to the requirements of the Agency.

Section 29

An Agency Head may at any time, by notice in writing, terminate the employment of an APS employee.

Section 30

An Agency Head may accept a notice in writing from an APS employee to retire having reached the minimum retiring age of 55 years.

Section 31

An Agency Head may give notice to an APS employee in relation to additional non-Commonwealth remuneration.

Section 37

An Agency Head may give a notice in writing to an SES employee concerning the payment of a specified amount if the employee retires.

Subsection 41B(1)

An Agency Head may request the Commissioner to inquire into APS employee misconduct (but see note below s.41B(9).

Subsection 41B(9)

An Agency Head may request the Commissioner to recommend sanctions where the Commissioner is also requested to conduct an inquiry under subsection 41B(1).

Note that while the powers under ss.41B(1) and 41B(9) are delegable, consider if it is most appropriate for Agency Heads themselves to make such requests.

Section 44

An Agency Head must provide the Commissioner with whatever information is required for the purposes of the Commissioner’s report on the state of the APS.

Subsection 50A(1)

An Agency Head may request the Merit Protection Commissioner to inquire into and determine whether an APS employee, or a former APS employee, has breached the Code of Conduct.

Section 74

An Agency Head may engage persons overseas to perform duties overseas as employees.

Section 77

An Agency Head may create positions and nominate APS employees to occupy such positions.