Schedule of Agency Head functions and powers

Sets out that a decision must be made for a vacancy to exist.

7

Includes requirement for Agency Head agreement in certain circumstances for a vacancy to be a ‘similar vacancy’.

9(b)(iii) and (iv)

N/A – applies to whole of APS.

N/A

new Agency Head must make arrangements for employees to undergo a program of training about integrity within specified timeframes.

19

new Agency Head must consult with the Commissioner before entering into an agreement with an APS employee or former APS employee that includes a confidentiality or non-disclosure provision and relates to sexual harassment.

20

new Agency Head must notify the Commissioner of the number of agreements entered into with an APS employee or former APS employee that includes a confidentiality or non-disclosure provision and relates to the person’s APS employment.

21

Sets out how an Agency Head upholds the APS Employment Principle in paragraph 10A(1)(c) of the Act.

23

Sets out the requirement to notify a vacancy.

Note sections  31, 32 and 33 are linked to section 25 by qualifying its operation and are not separately delegable.

Under subparagraph 25(2)(b)(ii), an Agency Head may approve a shorter vacancy period where satisfied of special circumstances.

Under subsection 25(3), an Agency Head may be required to obtain approval from the Commissioner before notifying a specified vacancy or specified class of vacancies.

Under subsection 25(4), an Agency Head may decide for reasons of cost or operational efficiency to limit a non-SES job advertisement to APS employees.

25

Agency Head may engage a person to perform duties on a non-ongoing basis if the duration is less than 18 months or the duties are irregular and intermittent.

The engagement may be extended up to 3 years.

Vacancies to which this section applies are notified to the community as far as practicable.

Agency Heads must be satisfied, as a minimum, that the person has the work-related qualities to perform the relevant duties.

27

Agency Head may engage a person as a non-ongoing APS employee for a specified term if:

(a) the person is an employee of a State or Territory, or of an authority of a State or Territory; and

(b) the Agency Head has entered into an agreement with the State or Territory, or the authority of the State or Territory, to engage the person as a non-ongoing employee for a specified term

Note: the power to enter into an agreement is delegable but the power to engage is not separately delegable as it relates to the power to engage under s 22 of the Public Service Act 1999.

28

Agency Head may engage an ongoing APS employee as a non-ongoing in certain circumstances.

29

Agency Head may request the Commissioner to authorise the engagement of a non-ongoing APS employee as an ongoing APS employee in certain specific circumstances.

30

Agency Head may identify a vacancy as open only to Aboriginal person and/or Torres Strait Islander persons.

Under subsection 31(2), an Agency Head must ensure that certain matters are met for this type of vacancy.

31

Agency Head may identify a vacancy as open only to persons who have a disability or a particular type of disability.

Under subsection 33(2), an Agency Head must ensure that certain matters are met for this type of vacancy.

33

Agency Head may request the Commissioner to authorise the promotion of an ongoing employee in certain prescribed circumstances where the employee was formerly appointed to a statutory office.

34

Agency Head may engage an ongoing Parliamentary Service employee as an ongoing APS employee if the person is to be employed at a comparable classification level or lower.

36

Agency Head may engage a person as an APS employee (re-engagement of election candidates).

Section 37 sets out that a person may apply to be re-engaged as an APS employee and section 32 of the Act applies (right of return for election candidates) and the basis on which the employee may be re-engaged.

37(3) provides that if the Commissioner is satisfied, they may declare that the person is taken to be a former employee. For example if the agency in which the employee was engaged no longer exists.

37

Agency Head may re-engage a former APS employees in limited circumstances.

38

Agency Head must notify certain employment decisions in the Public Service Gazette within 3 months after the decision is made.

new Subsection 40(4) sets out circumstances in which an Agency Head may decide not to include a person’s name in a notification of an employment decision.

new Subsection 40(6) requires the Agency Head to notify the Commissioner of a person’s name if the name is not notified in the Public Service Gazette.

40

Agency Head must notify certain cancellation decisions in the Public Service Gazette.

41

Sets out Agency Head notification requirements for when promotion decisions take effect including when a promotion decision is subject to review by the Promotion Review Committee.

42

new Agency Head must engage APS employees on probation.

new Subsection 44(2) permits Agency Heads to waive this requirement if satisfied that there are reasonable circumstances justifying the waiver.

new Subsection 44(3) requires Agency Heads to ensure that during the probation period, there are processes in place to assess the suitability of the APS employee to perform the duties they have been engaged for.

44

Agency Heads must agree before an APS employees promotion takes effect where the employee is suspected of breaching the Code of Conduct and the matter is not resolved

47

Sets out how an Agency Head upholds the APS Employment Principle in paragraph 10A(1)(d) of the Act through achieving effective performance and dealing with unsatisfactory performance.

49

Agency Head must have regard to standards and guidance issued by the Commissioner if an APS employee may have breached the Code of Conduct or is not achieving effectively performance and the Agency Head is considering initiating an inquiry under procedures established under subsection 15(3) of the Act.

52

new Agency Head must have measures in place to collect specified employee information and give that information to the Commissioner.

new Agency Head must allow employees to provide a response of ‘choose not to give this information’ for certain questions

54

new Agency Head must comply with any requirement from the Commissioner to give to the Commissioner particular information, or documents, about workplace relations relating to APS employees in the Agency.

55

new Agency Head must ensure that there are measures in place

• to promptly give to the Commissioner accurate information that is collected under section 54 or described in section 55, and
• to give the information to the Commissioner in the form the Commissioner requires.

56

Agency Head must take reasonable steps to ensure that the person who determines that an APS employee has breach the Code of Conduct, and the person who determines any sanction is, and appears to be independent and unbiased.

61

new Agency Head must consult with the Commissioner on the process for determining whether an SES employee has breached the Code of Conduct and the imposition of any associated sanctions.

64

Agency Head must obtain the Commissioner’s approval before engaging a redundancy benefit recipient as an ongoing APS employee (including as an ongoing SES employee) or as a non-ongoing SES employee before the redundancy benefit period has ended. The Commissioner’s approval is not required for an Agency Head to engage a person who is still within their redundancy benefit period as a non-ongoing non-SES APS employee.

66

Agency Head must grant leave without pay to an ongoing APS employee who applies for the leave to undertake or continue employment under the Governor-General Act 1974 or the Members of Parliament (Staff) Act 1984.

Where an employee is granted such leave and advises that he/she wishes to return
to the agency, the Agency Head must arrange this as soon as practicable and employ the person at their former classification or if necessary an equivalent classification.

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