Movement between the Parliamentary Service and the APS

The Parliamentary Service is a separate entity from the Australian Public Service (APS). It employs its staff under the Parliamentary Service Act 1999 while the APS employs its staff under the Public Service Act 1999. However, there are specific arrangements in place which deal with movement of staff between the two Services.

Ongoing moves

The situation in relation to ongoing moves is as follows:

Where a job is at a higher classification level than the substantive classification of the employee concerned, ongoing employees of either Service are able to apply for advertised jobs in the other Service (including those jobs that are not generally open to members of the public), be considered on merit against other candidates and, if selected, are eligible to be engaged as an employee of the other Service.
A comparison table of APS and Parliamentary Service classifications is included at Schedule 2 to the Public Service Regulations 1999 (the Public Service Regulations).
Where an employee of one Service is successful in gaining a job at a higher classification level in the other Service, the engagement of the person is treated as a promotion and must be notified as such in the APS Employment Gazette. The staffing action may, therefore, be subject to review by a Promotion Review Committee (PRC), in cases where the promotion is to a job at a reviewable classification. Employees from either Service who were applicants for the particular job and who are at a lower classification than that of the job in question, are able to lodge applications for review against the decision.
- In addition, where an applicant from the home Service is promoted to a particular job, applicants for the job from the other Service who are at a lower classification than that of the job in question are able to lodge applications for review against the promotion.

However, in relation to moves to Executive Level 1 or 2 classifications in the APS, and equivalent levels in the Parliamentary Service, there is no ability for employees of one Service to lodge a review of action (on the basis of alleged serious defects in the selection process) against a promotion decision made in the other Service.

Regulation 3.8A of the Public Service Regulations specifies when the engagement of an ongoing Parliamentary Service employee as an ongoing APS employee at a higher classification level takes effect (including in circumstances where the engagement is subject to review by a PRC). Part 3 of Parliamentary Service Determination 2003/2 sets out how the engagement of an ongoing APS employee as an ongoing Parliamentary Service employee takes effect.
Where a job is at the same classification level, or lower (as determined by the table in Schedule 2 to the Public Service Regulations), an APS agency or a Parliamentary Service department can engage, as an ongoing employee, a person who is an ongoing employee in the other Service without having to satisfy the usual advertising and merit selection requirements that apply to ongoing engagements.
Where an ongoing employee moves on an ongoing basis from one Service to the other (either at or below level or on ‘promotion’), their employment in the other Service ceases—a formal resignation is not required.
It is expected that no unnecessary conditions (such as probation) will be imposed on the employee when engaged in the other Service.
In accordance with section 26 of the Parliamentary Service Act 1999, ongoing employees ‘moving’ from one Service to the other retain their existing or accrued entitlements relating to annual leave and personal or carer’s leave (however described). Service for long service leave and maternity leave purposes is dealt with under the relevant Commonwealth legislation.
The engagement of a Parliamentary Service employee as an APS employee must be notified as such in the APS Employment Gazette.

Temporary moves

The situation is relation to temporary moves is as follows:

An ongoing Parliamentary Service employee can be engaged as a non-ongoing APS employee for a period of up to 3 years. However, if the employment opportunity is for more than 12 months, or extends beyond 12 months, then the requirements of the Public Service Commissioner’s Directions 1999 (the Public Service Commissioner’s Directions) concerning advertising and merit selection must be followed.
An ongoing APS employee can be engaged as a non-ongoing Parliamentary Service employee for a period of up to 3 years. The usual merit selection arrangements that apply in the Parliamentary Service to non-ongoing engagements of more that 12 months do not apply in these circumstances.
Ongoing employees of either Service who want to take up a non-ongoing employment opportunity in the other Service may apply for leave without pay from their home Service for the period of the non-ongoing engagement. Where leave without pay is granted, section 26A of the Parliamentary Service Act 1999 provides that:
- the employee retains his or her existing or accrued entitlements relating to annual leave and personal or carer’s leave (however described) in respect of employment in the home service, and
- when the employee returns to the home Service, they retain their existing or accrued entitlements relating to annual leave and personal or carer’s leave in respect of employment in the other Service, and
- the period of leave without pay counts as service for all purposes except accrual of annual leave or personal or carer’s leave (however described), and
- service for long service leave and maternity leave purposes is dealt with under the relevant Commonwealth legislation.
Where leave without pay is not granted to an ongoing employee in one Service to take up a non-ongoing employment opportunity in the other Service, the employee would have the option of resigning from their ongoing employment to take the other job.
There are no specific provisions relating to non-ongoing employees of either Service applying for jobs in the other Service. The usual arrangements in relation to the engagement of persons as non-ongoing employees in each Service therefore apply.

Publications

Recruitment and selection in the APS

Circulars and Advice

Legislation

Public Service Regulations 1999, regulations 3.5(2), 3.8A, 3.12(1)(a), 3.12(2A), Division 5.2 and Schedule 2
Public Service Commissioner’s Directions 1999, clause 4.2(4C) and Schedule 2
Parliamentary Service Act 1999, sections 26, 26A and 27
Parliamentary Service Determination 2003/2, clauses 3.4.1 and 3.4.2

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