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Delegations

Contents: Introduction Legislative framework and other considerations Authorisation and delegation Delegations and subdelegations to an outsider Appendix 1: Agency Head responsibilities

Appendix 1: Agency Head responsibilities

Agency Head powers and functions powers and functions under the Public Service Act 1999

This list comprises powers or functions that may be considered for delegation under Section 78 of the PS Act. It is a matter for Agency Heads to decide what powers and functions are delegated to staff within their Agency.

Section	Power or function
section 15	An Agency Head may impose sanctions for breaches of the Code of Conduct. An Agency Head must establish procedures for determining breaches of the Code of Conduct. An Agency Head must take steps to ensure that the agency's employees are aware of the procedures.
section 18	An Agency Head must establish a workplace diversity program.
section 22	An Agency Head may engage persons as APS employees.
section 24	An Agency Head may determine remuneration and other terms and conditions of employment.
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 terminate the employment of an APS employee.
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 to an SES employee concerning the payment of a specified amount if the employee retires.
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 Service.
section 63	After the end of each financial year, the Secretary of a Department must give a report to the Agency Minister, for presentation to Parliament, on the Department's activities during the year.
section 70	After the end of each financial year, the Head of an Executive Agency must give a report to the Agency Minister, for presentation to Parliament, on the Agency's activities during the year.
section 74	An Agency Head may engage persons overseas.
section 77	An Agency Head may create positions and nominate APS employees to occupy such positions.

Agency Head powers and functions under the Public Service Regulations 1999

This list comprises powers or functions that may be considered for delegation under regulation 9.3. It is a matter for Agency Heads to decide what powers and functions are delegated to staff within their Agency.

Section	Power or function
regulation 2.1	An Agency Head may give an APS employee express authority to disclose information about public business or anything of which the employee has official knowledge.
regulation 2.4	An Agency Head must establish procedures for dealing with whistleblowers'reports.
regulations 3.1 and 3.2	An Agency Head may direct an APS employee to attend a medical examination in some circumstances and to give the Agency Head a medical report of the examination.
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.
regulation 3.5	An Agency Head may engage a person for a specified term or for the duration of a specified task in accordance with section 22 of the PS Act. This regulation limits the circumstances for engagements of this type. Decisions by Agency Heads under this regulation include making a judgement about whether increases in the workload of the Agency are likely to be temporary (see regulation 3.5(2)) and whether the duration of tasks can be estimated. (See regulation (3.5(3))
regulations 3.6 and 3.7	An Agency Head may certify that the extension of specified terms of engagement for certain non-SES employees is in the public interest.
regulation 3.8	The gaining and losing Agency Heads may agree with an ongoing employee to a different date of effect for promotion. Note this power appears in (2), (4), (5), (5B), and (5C).
regulation 3.9	The gaining and losing Agency Heads and employee may agree to a different date of effect of a voluntary move between Agencies that is not a promotion.
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
regulation 4.3	An Agency Head must nominate a person to an Independent Selection Advisory Committee when requested to do so.
regulation 5.11	An Agency Head must nominate an APS employee to a Promotion Review Committee when requested to do so.
regulation 5.17	An Agency Head must provide to a Promotion Review Committee 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 agreement, may refer an application for review of a reviewable action to the Merit Protection Commissioner. 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.
regulation 5.27	An Agency Head must review the action and attempt to resolve the employee's concerns about the action. The Agency Head may: (a) confirm the action; or (b) vary the action; or (c) set the action aside and substitute a new action. The Agency Head must tell the employee in writing of: (a) any decision made on the application; and (b) the reasons for the decision; and (c) any action to be taken as result of the review; and (d) the applicant's right to apply to the Merit Protection Commissioner under regulation 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 Merit Protection Commissioner 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 Merit Protection Commissioner.
regulation 5.32	An Agency Head must as soon as possible consider and make decisions about recommendations received from the Merit Protection Commissioner regarding review of actions. The Agency Head must write to the employee and the Merit Protection Commissioner, informing them of his/her decision and the reasons for it.
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 6.3	Under regulation 6.3 (4) (b) an APS employee's Agency Head may give consent in relation to disclosure of information.
regulation 7.6	Under regulation 7.6 (4) (b) an APS employee's Agency Head may give consent in relation to disclosure of information.
regulation 8.1	In relation to Administrative arrangements and re-organisations, there is a requirement for Agency Heads to consult with certain APS employees either before or after the move, prior to varying certain conditions of employment.
regulation 8.2	In relation to Administrative arrangements and re-organisations, there is a requirement for Agency Heads to consult with certain non-APS employees before or after engagement, before varying remuneration and certain conditions of employment.
regulation 9.2	In specified circumstances an Agency Head may disclose personal information that is in their possession or under their control.

Agency Head powers and functions under the Public Service Commissioner's Directions 1 9 9 9

This list comprises powers or functions that may be considered for delegation under Clause 7.1 of the Directions. It is a matter for Agency Heads to decide what powers and functions are delegated to staff within their Agency.

Direction	Power or function
Clause 2.2 (1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS is apolitical, performing its functions in an impartial and professional manner.
Clause 2.3 (1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS is a public service in which employment decisions are based on merit.
Clause 2.4 (1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS provides a workplace that is free from discrimination and recognises and utilises the diversity of the Australian community it serves.
Clause 2.5 (1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS has the highest ethical standards. (That part which requires an Agency Head to model and promote the highest standards of ethical behaviour cannot be delegated).
Clause 2.7(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and in implementing the Government's policies and programs.
Clause 2.8(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS delivers services fairly, effectively, impartially and courteously to the Australian public and is sensitive to the diversity of the Australian public.
Clause 2.9(1)(d)	An Agency Head must put in place measures to ensure that there are systems in the Agency that give APS employees appropriate opportunities to develop and demonstrate leadership qualities.
Clause 2.10(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS establishes workplace relations that value communication, consultation, co-operation and input from employees on matters that affect their workplace.
Clause 2.11(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS provides a fair, flexible, safe and rewarding workplace.
Clause 2.12(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS focuses on achieving results and managing performance. (That part of 2.12(1) that refers to an Agency Head's responsibility to have regard to any statutory accountability and reporting obligations cannot be delegated)
Clause 2.13(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS promotes equity in employment
Clause 2.14(1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS provides a reasonable opportunity to all eligible members of the community to apply for APS employment.
Clause 2.15(1)(d)	An Agency Head must: (d) put in place measures to ensure that: (i) the Agency is staffed on a basis that sustains core knowledge, expertise, and standards of professionalism and behaviour; and (ii) legislative and Agency requirements in relation to the use of the different categories of APS employment are upheld.
Clause 2.16 (1)	An Agency Head must put in place measures for the purposes of upholding and promoting the following APS Value: The APS provides a fair system of review of decisions taken in respect of APS employees.
Clause 3.2(1)	An Agency Head must put in place measures to (a) help prevent all forms of discrimination (b) recognise the positive advantages of, and help make best use of, the diversity available in the workplace and the Australian community.
Clause 3.2(2)	An Agency Head must assist employees to balance their work, family and other caring responsibilities effectively by encouraging the development of mutually beneficial work practices in the Agency.
Clause 3.4	An Agency Head must provide to the Commissioner a copy of the workplace diversity program or any revision of it.
Clause 3.5(1)	An Agency Head must develop performance indicators for, and evaluate and report annually on the effectiveness and outcomes of the workplace diversity program.
Clause 3.5(2)	An Agency Head must give required information to the Commissioner in relation to the workplace diversity program.
Clause 3.6	An Agency Head must review the Agency's workplace diversity program at least once every four years.
Clause 4.2(1)	An Agency Head must put in place measures to ensure that if: (a) a person is to be engaged as an ongoing APS employee at a training classification, or an APS Group 1 classification; or (b) an ongoing APS employee (other than an employee whose current classification is a training classification) is to be assigned duties at a training classification- the opportunity to apply for the relevant employment, or similar employment in the Agency, was open to all eligible members of the community, whether or not they were APS employees.
Clause 4.2(2)	An Agency Head must put in place measures to ensure that, subject to considerations of cost and operational efficiency, if a person is to be engaged as an ongoing APS employee (other than at a training classification, or an APS Group 1 classification), the opportunity to apply for the relevant employment, or similar employment in the Agency, was open to all eligible members of the community, whether or not they were APS employees.
Clause 4.2(4)	An Agency Head may make a decision not to provide an opportunity mentioned in subclause (2) to all eligible members of the community subject to conditions outlined in this subclause.
Clause 4.3(1)	An Agency Head must put in place measures to ensure that, if a person is to be engaged as an APS employee for a specified term of more than 12 months, or for the duration of a specified task that is reasonably estimated to take more than 12 months, the opportunity to apply for the relevant employment, or similar employment in the Agency, was open to all eligible members of the community, whether or not they were APS employees.
Clause 4.4A(1)	An Agency Head must put in place measures for the purposes of the Direction in relation to the engagement of certain persons who have received a redundancy benefit.
Clause 4.4A(2)(b)	An Agency Head may decide that the engagement of a person who has received a redundancy benefit in the last 12 months, on a non-ongoing basis as prescribed in the Direction, is essential for the Agency's operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications of the person.
Clause 4.4A(2)(c)	An Agency Head must consult with the Commissioner in relation to the engagement of persons who have received a redundancy benefit.
Clause 4.4A3(b)	An Agency Head may decide that the engagement of a person who has received a redundancy benefit in the last 12 months, on a non-ongoing basis as prescribed in the Direction, is essential for the Agency's operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications of the person.
Clause 4.4B(1)	An Agency Head must put in place measures for the purposes of the Direction in relation to the engagement of certain persons as overseas employees under section 74 of the Act who have received a redundancy benefit.
Clause 4.4B(2)(b)	An Agency Head may decide that the engagement of a person who has received a redundancy benefit in the last 12 months as overseas employees under section 74 of the Act is essential for the Agency's operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications of the person.
Clause 4.4B(2)(c)	An Agency Head must consult with the Commissioner in relation to the engagement of persons who have received a redundancy benefit.
Clause 4.5	An Agency Head must put in place measures for the purposes of the Direction in relation to the extension of engagement of an APS employee engaged for a specified term.
Clause 4.6A	An Agency Head must put in place measures to ensure that, subject to considerations of costs and operational efficiency, if an ongoing APS employee is to be promoted in the Agency, the opportunity to apply for the relevant employment, or similar employment in the Agency, was open to all eligible members of the community, whether or not they were APS employees.
Clause 4.6A(3)	An Agency Head may make a decision not to provide the opportunity to apply for a promotion to all eligible members of the community because of considerations of cost or operational efficiency.
Clause 4.7	An Agency Head must put in place measures for the purposes of the temporary assignment of duties to APS employees.
Clause 5.4	An Agency Head must take reasonable steps to ensure that the person who determines whether an APS employee has breached the Code of Conduct is, and appears to be, unbiased.
Clause 6.1	An Agency Head must put in place measures: (a) to ensure that SES employees are effectively deployed in the Agency; and (b) to monitor the skills required at the SES level in the Agency.
Clause 6.2(2)	The Agency Head must ensure that decisions defined in Clause 6.2(1) meet the minimum requirements. Clauses 6.3 to 6.8 set out the minimum requirements.
Clause 6.4	Minimum requirements-mobility of an SES employee: (a) in the case of an employee who is to be moved in the Agency: (i) the Agency Head has consulted with the employee about possible options for mobility; and (ii) the Agency Head informs the Commissioner of the movement; and (b) in the case of an employee who is to be moved to another Agency: (i) the Agency Head of the Agency from which the employee is to be moved has been consulted about, and agrees to, the movement; and (ii) the Agency Head informs the Commissioner of the movement.
Clause 6.6A	Minimum requirements-assignment from specialist SES classification to corresponding non-specialist SES classification: (1)(a) in the case of an employee who is assigned the duties as a result of a competitive selection process-the requirements in subclause 6.3(1) are met; and (c) in any other case: (i) the Agency Head of the Agency in which the employee is to perform the duties is satisfied, on the basis of a formal assessment of the employee conducted by the Agency Head, that the employee has the necessary work-related qualities to perform the duties; and (iv) the Agency Head has informed the Commissioner of the assignment, the results of the formal assessment of the employee and the certification given.
Clause 6.6B	Minimum requirements-assignment from non-SES classification to SES classification: (1)(a) in the case of an employee who is assigned the duties as a result of a competitive selection process-the requirements set out in subclause 6.3(1) have been met; and (b) in any other case: (i) the Agency Head of the Agency in which the employee is to perform the duties is satisfied, on the basis of a formal assessment of the employee conducted by the Agency Head, that the employee has the necessary work-related qualities to perform the duties; and (iv) the Agency Head has informed the Commissioner of the assignment, the results of the formal assessment of the employee and the certification.
Clause 6.8	Minimum requirements-termination of employment 6.8(b) the employee has been given full information about other employment in the Agency that the Agency Head, having regard to the assessment, considered could be made available to the employee.
SCHEDULE 1	CIRCUMSTANCES IN WHICH CHAPTER 4 (MERIT IN EMPLOYMENT) DOES NOT APPLY
Clause 2(b)	An Agency Head may decide that a person's previous employment should not have ended.

Agency Head powers and functions under the Public Service Classification Rules 2000

This list comprises powers or functions that may be considered for delegation under Rule 13 of the Public Service Classification Rules 2000. It is a matter for Agency Heads to decide what powers and functions are delegated to staff within their Agency.

Rule	Power or function
Rule 6	An Agency Head must allocate an approved classification to each APS employee in the Agency, subject to Rule 7.
Rule 7(3)	The Agency Head must allocate to the employee: (a) the approved classification that was allocated to the employee immediately before moving to the Agency; or (b) another approved classification that is in the same group as the classification mentioned in paragraph (a).
Rule 9(1)	An Agency Head must allocate an approved classification to each group of duties to be performed in the Agency.
Rule 9(3)	If a training classification is allocated to a group of duties, the Agency Head must ensure that the duties include a requirement to undergo training.
Rule 9(4)	If the group of duties involves work value requirements applying to more than one classification, the Agency Head may allocate more than one classification (a broadband) to the group of duties.
Rule 10(1)	An Agency Head must issue, in writing, work level standards describing the work requirements for each classification applying to a group of duties to be performed in the Agency.
Rule 11(1)	If an APS employee who is engaged at a training classification satisfactorily finishes each training requirement for the training classification, the Agency Head must allocate to the employee a classification mentioned in column 3 of Schedule 2 that relates to the employee's training classification.