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Last updated: 25 February 1998
APS reforms - A summary
Please note: These documents are for reference purposes only and are no longer considered by the APS Commission to be current. They may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
Introduction
The Public Service Bill 1997, together with the Workplace Relations Act 1996 (WR Act), are the Government's key legislative means for reforming the APS. The intent of the reforms is to improve the performance of the APS by devolving management powers to Heads of Agencies to the maximum extent, while strengthening the accountability framework. Pending the passage of the Bill, the Government has decided to introduce a number of its reforms by administrative means.
New Public Service Regulations and a range of new Public Service Commissioner notices have been made.
Together with the flexibilities under the WR Act, agencies and managers now have increased scope to adopt employment arrangements which meet their particular needs.
This is a summary of these changes and how they might affect you. It is not a comprehensive list but a selection of issues which, for the most part, affect all public servants.
Further information
Human Resource Managers and Personnel staff can ring the PSMPC's hotline on (02) 6202 3859 for additional information. Individual employees should contact their Personnel or Human Resource area in their own agencies in the first instance. The new Regulations and other useful information can be found on our Internet website.
Agreement making
Under the WR Act, Agencies now have wide scope to develop employees' terms and conditions of employment tailored to their specific requirements. Outcomes already achieved through Certified Agreements include: differential remuneration between agencies, linked to performance and productivity initiatives, more flexible working time arrangements and simplified classification structures with salary advancement tied to performance assessments.
APS Values
For the first time there will be a set of APS values in legislation. All public servants must uphold these values. Agency Heads are required to promote the values and agencies' performance in meeting these requirements will be evaluated by the Public Service Commissioner and reported to Parliament in the annual State of the Service Report.
The values confirm that the APS:
- is apolitical, performing its functions in an impartial and professional manner;
- is a public service in which employment decisions are based on merit;
- provides a workplace which is free from discrimination and which recognises the diverse backgrounds of APS employees;
- has the highest ethical standards;
- is accountable for its actions, within the framework of Ministerial responsibility, to the Government, the Parliament and the Australian public;
- is responsive to the Government in providing frank, honest, comprehensive, accurate and timely advice and in implementing the Government's polices and programs;
- delivers services fairly, effectively, impartially and courteously to the Australian public;
- has leadership of the highest quality;
- establishes co-operative workplace relations based on consultation and communication;
- provides a fair, flexible, safe and rewarding workplace; and
- focuses on achieving results and managing performance.
The values express the important characteristics of the way we work and provide a basis for the new Code of Conduct.
Code of Conduct
The new Code of Conduct is similar to the previous code but with some additional requirements. As a public servant you must:
- behave honestly and with integrity;
- act with care and diligence;
- treat everyone with respect and courtesy; and without harassment;
- comply with all applicable Australian laws;
- comply with any lawful and reasonable direction given by someone in your Agency who has authority to give the direction;
- maintain appropriate confidentiality about dealings you have with any Minister or Minister's member of staff;
- disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent);
- use Commonwealth resources in a proper manner;
- not provide false or misleading information in response to a request for information that is made for official purposes in connection with your employment;
- not make improper use of inside information or your duties, status, power or authority in order to gain, or seek to gain a benefit or advantage for yourself or any other person;
- at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS;
- while on duty overseas at all times behave in a way that upholds the good reputation of Australia; and
- except in the course of your duties as an APS employee, or with your Agency Head's express authority, not give or disclose, directly or indirectly, any information about public business or anything of which you have official knowledge.
Breaches of the Code of Conduct may result in disciplinary action. Current disciplinary provisions, contained in the Public Service Act 1922, remain unchanged.
Whistleblowing
Public Interest Whistleblowing refers to the reporting, in the public interest, of information which alleges a breach of the Code of Conduct by an employee or employees within an APS agency.
Agency Heads must establish procedures for the reporting and investigation of breaches (or alleged breaches) of the Code, which have due regard to procedural fairness and compliance with the Privacy Act 1988. Procedures must also allow for reports, in certain circumstances, to be made to the Public Service Commissioner or a person authorised by the Commissioner.
Dissatisfaction with the outcome of an investigation conducted by your agency can be referred to the Public Service Commissioner or a person authorised by the Commissioner.
The new regulations provide protection for whistleblowers, prohibiting any form of victimisation or discrimination against an APS employee who reports a breach (or alleged breach) of the Code of Conduct.
Filling APS vacancies
Some important changes have been made to the way APS jobs can be filled:
- Most APS vacancies will now be open to all Australians.
- Temporary staff will be able to apply for any APS jobs.
- Where selections have been undertaken, and similar or the same vacancies occur after this, agencies can fill those vacancies without advertising again if it is within 12 months of the original Gazette advertisement. Executive Level 1 and 2 vacancies can also now be filled in this way.
- Agencies may use their certified agreements to increase from 6 to 12 months the period within which appeals against higher duties decisions cannot be lodged.
- Agencies are no longer required to use the centralised recruitment arrangements through Recruitment Services Australia when recruiting for graduate and base grade positions.
- Agencies are able to set qualifications and other conditions for appointment, promotion and transfer. There will no longer be an APS-wide standard.
The temporary employment provisions remain the same although there have been some minor changes to selection methods. Selection is still to be made on the basis of ability to do the job but must be free of patronage, favouritism and unlawful discrimination.
Merit remains the basis for selection. As more staff receive pay rises through certified agreements, movements that may have been transfers in the past may now be promotions and subject to advertising requirements and appeal rights.
Workplace Diversity
Workplace Diversity builds on and broadens the principles of EEO by recognising the positive contribution that diverse skills, talents and perspectives can make to results, innovation, improved service delivery and increased competitiveness. Diversity can refer to such characteristics as gender, age, language, religious belief, family responsibilities, work experience.
Your agency is required to establish a Workplace Diversity Program that is appropriate to its circumstances and which will ensure that:
- all employees are encouraged to develop their work skills and contribute to their maximum potential;
- the diverse skills, cultural values and backgrounds of employees are recognised and used effectively; and
- workplace structures, systems and procedures assist employees to balance their work and family responsibilities effectively.
Programs may include elements of more flexible working hours, access to training and development, and recognition and appreciation of different skills, work experience, working styles, carer responsibilities and personal preferences.
Managing poor performance
Procedures for dealing with poor performance relating to inefficiency, major medical problems, and loss of an essential qualification are now to be developed by individual agencies.
The procedures are to be based on principles relating to procedural fairness and will replace procedures issued by the Public Service Commissioner.
Appeals and grievances
For promotion and discipline appeals and grievances the Merit Protection (Australian Government Employees) Act 1984 remains unchanged.
Procedures for lodging appeals and grievances remain essentially the same, although reference should also be made to agency agreements and the General Employment Conditions Award.
Mobility under Part IV of the Public Service Act 1922
The new regulations, from 15 March 1998, remove most 'Commonwealth offices and authorities' from coverage by the mobility provisions of Part IV of the Public Service Act 1922. A list of affected statutory offices and authorities is on the PSMPC's website.
APS staff who currently hold statutory appointments or staff who currently have Part IV coverage will continue to have such coverage. The rights under the Governor-General Act 1974 and the Members of Parliament (Staff) Act 1984 remain unchanged.
Employees who wish to take up non-APS Commonwealth employment may seek Leave Without Pay from their Department. Granting of this leave is at the discretion of the Secretary, except in relation to statutory appointments.
