Public Service Act 1999 Advice No. 37: Authorisation and delegation of powers and functions of the Public Service Minister

Introduction

This advice is one of a series of advices to be issued by the Public Service and Merit Protection Commission (PSMPC) concerning the Public Service Act 1999 (the new PS Act) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (the PECTA Act). The new PS Act came into operation on 5 December 1999 and the information contained in this advice has effect from commencement of the legislation.

Background

1. The purpose of this advice is to provide information on:

authorisation of the Minister Assisting the Prime Minister for the Public Service to act on behalf of the Prime Minister as Public Service Minister, and
delegation of the Prime Minister's powers and functions as Public Service Minister.

2. As Public Service Minister, the Prime Minister has the overall responsibility for the public service including the new PS Act. To assist him in this role he has delegated certain powers and functions, and authorised the Minister Assisting to act on the behalf of the Prime Minister with regard to public service matters.

Agency Minister Authorisation 1999

3. The Prime Minister has made an authorisation under subsections 4(1) and 18C (1) of the Acts Interpretation Act 1901 to enable the Minister Assisting the Prime Minister for the Public Service - the Minister for Education, Training and Youth Affairs - to act on behalf of the Prime Minister in the performance of the Prime Minister's functions and in the exercise of the Prime Minister's powers, under Part 5 (other than para 41 (3) (b)) and Part 6 of the new Act.

4. The authorisation commenced on the commencement of the new PS Act, 5 December 1999.

Public Service (Prime Minister's Powers and Functions) Delegations 1999

5. The Prime Minister has made delegations of his powers and functions, as Public Service Minister, under subsection 4 (1) of the Acts interpretation Act 1901 and section 78 of the new PS Act.

6. The Prime Minister has made the following delegations:

Delegation of Prime Minister's powers and functions, under subsection 78 (1);
Delegation of Public Service Minister's powers and functions, under subsection 78 (2);
Delegation of Public Service Minister's power to make classification rules (Act s23), under subsection 78 (3); and
Delegations of Public Service Minister's power to authorise payments in special circumstances (Act s73), under subsection 78 (3) of the new PS Act.

Delegation of Prime Minister's powers and functions

7. For subsection 78 (1) of the new PS Act, the Minister for Education Training and Youth Affairs, being the Minister Assisting the Prime Minister for the Public Service, has been delegated certain powers or functions of the Prime Minister under provisions of the new PS Act:

s 33(6)(a) receive a report from the Merit Protection Commissioner;
s 41(3)(a) receive a report from the Public Service Commissioner (made under s 41 (1) (f)) on the result of an inquiry into alleged breaches of the Code of Conduct by an Agency Head who is a Secretary; and
s 71(1) arrange with an appropriate authority of a State - for an employee to perform services for the State as an APS employee or for a State employee to perform services in an Agency as a State employee,

as mentioned in Schedule 1.

8. The Prime Minister has placed no limitations on the exercise of the powers or performance of the functions.

Delegation of Public Service Minister's powers and functions

9. Similarly, the Prime Minister has delegated certain powers or functions (subsection 78 (2) of the new PS Act) as Public Service Minister, to the Minister for Education Training and Youth Affairs under provisions of the new PS Act:

s 33(6) be consulted by the Merit Protection Commissioner, if the Merit Protection Commissioner is not satisfied with an Agency Head's response to recommendations contained in a report of a review of employment action, before a report is sent to the Agency Minister and the Prime Minister or Presiding officers as the case requires;
s 41(1)(d) receive a report from the Public Service Commissioner on any matter relating to the APS;
s 50(1)(c) request the Merit Protection Commissioner to inquire into an APS action and receive a report from the Merit Protection Commissioner on the results of that inquiry;
s 51(1) present to the Parliament the report by the Merit Protection Commissioner (given to the Minister after the end of each financial year) on the activities of the Merit protection Commissioner during that financial year; and
s 55(1) appoint a person to act as Merit Protection Commissioner - if there is a vacancy in the office of the Merit Protection Commissioner or during any period, or all periods, when the Merit Protection Commissioner is absent from duty, or Australia, or is unable to perform the duties of the office.

as mentioned in Schedule 2.

10. The Prime Minister has placed no limitations on the exercise of the powers or performance of the functions.

Delegation of Public Service Minister's power to make classification rules (Act s23)

11. For subsection 78 (3) of the new PS Act, the Prime Minister has delegated the power of the Public Service Minister to the Secretary of the Department of Employment, Workplace Relations and Small Business under 23 (1) of the new PS Act to make rules about classifications of APS employees. Delegations of Public Service Minister's power to authorise payments in special circumstances (Act s73)

12. For subsection 78 (3) of the new PS Act, the Prime Minister has also delegated the powers of the Public Service Minister to an Agency Head for the purpose of making payments to an person, under subsection 73 (2), in special circumstances mentioned in sub section 73 (1).

Further advice

13. Enquiries from COMNET members and their staff should be made by E-mail to psact@apsc.gov.au or the PSMPC's Helpline on (02) 6202 3859. APS staff who contact the PSMPC will be asked to direct their enquiries to the appropriate area of their own agency.

14. Advice from DEWRSB is accessible through the government employment web sites at www.dewrsb.gov.au or through the PSMPC's web site.

Jeff Lamond
Team Leader
Staffing, Structures and Performance Team

16 March 2000

Attachments

Authorisation
Delegations

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