Circular No 2000/7 : Amendments to the Public Service Commissioner's Directions

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The purpose of this circular is to advise agencies of changes to the Public Service Commissioner's Directions, made under the Public Service Act 1999. A copy of the amendments to the Directions is attached.

Date of effect

2. All amendments to the Directions came into effect on 21 December 2000, the date of Gazettal. The PSMPC expects the Public Service Commissioner's Amendment Directions 2000 (No. 1) to be tabled in both Houses of Parliament on 6 February 2001.

Parliamentary Scrutiny

3. The Amendment Directions are, however, subject to parliamentary scrutiny, which means that a notice of disallowance may be given in either House within 15 sitting days of tabling. Should such a notice be given, within 15 sitting days from that notice the Amendment Directions may be disallowed, or the notice may be withdrawn. The latest time by which a notice of disallowance can be given is 2 April 2001. In the event of disallowance the Directions, as they existed before 21 December 2000, would be revived from the date of disallowance.

Summary of the amendments

4. The amendments to the Directions deal with the following matters:

Direction 2.12 APS Values
- Amendment [1] and [2] reflects the wording of Policy Parameter 5;

Clause 4.1 (3), Note
- Amendment [3] removes the requirement to notify in the Gazette temporary assignment of duties at a higher classification;

Clause 4.2 Engagement of ongoing employees
- Amendment [4] and [5] includes the requirement for all training classification opportunities to be notified in the Gazette as open to the community;

Clauses 4.2, 4.3, 4.6 Engagement and Promotion
- Amendment [6], [7], [8], and [10] ensures employment opportunities, which lead to engagement or promotion, are notified in the Gazette within 4 weeks of advertising jobs externally;

Clauses 4.2, 4.3 and 4.6 Special employment programs
- Amendment [9], [11] and [13] ensures internal staff in agencies are not excluded from being engaged in or promoted into special employment programs;

Clause 4.5 Extension of engagement of APS employee engaged for a specified term
- Amendment [12] includes those people who are engaged for an actual period of 12 months;

Clause 4.6 Definition of promotion
- Amendment [13] includes the assignment of duties of a trainee to a non-trainee classification.
NB previous clauses 2-5 are now included in new clause 4.6A;

Clause 6.2 Minimum requirement in relation to decisions made about SES employees
- Amendment [14] includes assignment of duties from SES specialist to non-specialist classification;

Clause 6.6 Minimum requirements Involuntary assignment at lower classification
- Amendment [15] and [16] ensures the Commissioner agrees to the assignment of duties;

New clause 6.6A Minimum requirements assignment from specialist SES classification to non-specialist SES classification
- Amendment [17] ensures the Agency Head conducts a formal assessment, that must include the participation of a person nominated by the Commissioner, of the employee's work related qualities before the Commissioner agrees to the assignment of duties;

New clause 6.6B Assignment from non SES classification to SES classification
- Amendment [17] further amendment which is similar to clause 6.6A, ensures the Agency Head conducts a formal assessment, that must include the participation of a person nominated by the Commissioner, of the employee's work related qualities. The representative must certify that the assessment process complies with the PS Act and these Directions before the Commissioner endorses the representatives certification of the process, before the assignment of duties;

New clause 7.1A Delegation by the Commissioner
- Amendment [18] allows delegation to a person any of the Public Service Commissioner's powers or functions, which is additional to the delegations by the Commissioner using Agency Head powers covered by clause 7.1 Delegations by Agency Head;

Clause 7.1 Delegation
- Amendment [19] amends the heading to read "Delegation by Agency Head";

Schedule 1, item 1 Circumstances when merit does not apply for reinstatement or re-engagement
- Amendment [20] includes the existing requirements of item 2 a) and b) of Schedule 1 that apply equally to item 1 and further amends the clause to include "and" at a), b) and c) because the circumstances are inclusive, hence, all these requirements need to be met before re-engagement;

Schedule 1, item 7 Circumstances when merit does not apply for reinstatement or re-engagement
- Amendment [21] minor editing of the wording for consistency;

Schedule 2 for purposes of re-engagement
- Amendment [22] removes promotion from the heading because people mentioned in the Schedule are considered to be APS employees, hence, can only be re-engaged not promoted to a job in the APS;

Dictionary definition of promotion
- Amendment [24] amends the reference to the clause to reflect the changes to the definition; and

Dictionary
- Amendment [23], [25], and [26] are additions to the Dictionary to add meaning to the amendments.

Further Advice

Enquires about this circular should be directed to the PSMPC's Helpline at (02) 6202 3859.

Jeff Lamond
Team Leader
Staffing, Structures and Performance Team

21 December 2000

Attachment

Public Service Commissioner’s Amendment Directions 2000 (No.˚1)