Section 9: Agency Head powers and functions under the PS Regulations

Regulations 3.1 & 3.2

An Agency Head may direct an APS employee to attend a medical examination in a range of circumstances and/or to give the Agency Head a medical report of the examination within a specified timeframe.

Regulation 3.3

An Agency Head may approve a scheme for persons engaged for a specified term, or for the duration of a specified task, in the Agency to gain skills and experience for the purpose of assisting them to participate in the workforce.

Subparagraph 3.5(6)(a)(ii)                              

An Agency Head may enter into an agreement with a State or Territory, or an authority of a State or Territory, to engage a person as a non-ongoing APS employee for a specified term.

Note: other powers in regulation 3.5 are not separately delegable as they relate to the engagement power under section 22 of the PS Act.

Regulation 3.10

In certain circumstances an Agency Head may suspend an APS employee employed in the Agency from duties.

Regulation 4.2

An Agency Head may request the establishment of an Independent Selection Advisory Committee (ISAC).

Regulation 4.3

An Agency Head must nominate a person to an ISAC.

Regulation 5.11

An Agency Head must nominate an APS employee to a Promotion Review Committee (PRC).

Regulation 5.17

An Agency Head must provide to a PRC information and/or documents relevant to a review in the way, and at or within the time, stated in the written notice of request.

Regulation 5.25

An Agency Head, with the Merit Protection Commissioner's (MPC) agreement, may refer an application for review of a reviewable action to the MPC. An Agency Head must tell the employee of this decision in writing.

Regulation 5.26

The person who would have conducted the review must tell the employee in writing, certain things in relation to a notice that action is not reviewable.

Note: this operates where the Agency Head conducted the review.

Regulation 5.27

An Agency Head must review the action and attempt to resolve the employee's concerns about the action unless the Agency Head refers the application to the MPC or considers that the employee is not entitled to review.

The Agency Head … may:

• confirm the action; or
• vary the action; or
• set the action aside and substitute a new action.

The Agency Head must tell the employee in writing of:

1. any decision made on the application; and
2. the reasons for the decision; and
3. any action to be taken as result of the review; and
4. the applicant's right to apply to the MPC under r.5.29 for secondary review of the action.

Regulation 5.30

An Agency Head must give the application and documents relating to the primary review of action to the MPC within 14 days after receiving an application for a secondary review. The Agency Head must also give the affected employee a copy of the documentation that is passed to the MPC.

Subregulations 5.32(1) and (2)

An Agency Head must as soon as possible consider and make decisions about recommendations received from the MPC regarding review of actions. An Agency Head may confirm the relevant action, vary the action or set the action aside and substitute a new action.

Subregulation

5.32 (3A) and (3B)

An Agency Head, if considering making a finding of, or imposing an action for, breach of conduct after a recommendation from the MPC, that had not been mentioned, or imposed before the recommendation was made, must comply with procedures made under subsection 15(1) of the Act.

Subregulation 5.32(4)

The Agency Head must write to the employee and the MPC, informing them of his/her decision and the reasons for it.

Note that subregulation 5.32(2A) is not delegable as it is not a function or power.

Regulation 5.35

An Agency Head must provide information or documents relevant to a review to a person or Committee carrying out a review in the way, and at or within the time, stated in the written notice of request.

Regulation 7.2DA

An Agency Head must as soon as possible consider and make decisions about recommendations received from the MPC regarding review of determination of breach of code of conduct. An Agency Head may confirm the relevant determination, vary the determination or set the determination aside and substitute a new determination. If the Agency Head considers making a finding of a breach and the Agency Head had not made the finding before the recommendation was made, they must comply with procedures established under subsection 15(3) of the PS Act before deciding whether to make the finding.

The Agency Head must tell the affected employee and the MPC in writing of:

1. any decision made on the application; and
2. the reasons for the decision

Regulation 7.2F

Agency Head is required to give the MPC stated information in relation to the conduct of a review by a former employee, by written notice.

Regulation 8.1

In relation to administrative re-arrangements and re-organisations, Agency Heads must consult with affected APS employees either before or after the move, prior to varying certain conditions of employment.

Regulation 8.2

In relation to administrative re-arrangements and re-organisations, Agency Heads must consult with affected non-APS employees before or after engagement, before varying certain terms and conditions of employment.

Regulation 9.2

In specified circumstances an Agency Head may use and disclose personal information that is in their possession or under their control.