Circular 2025/01: Changes to the application of the APS Values—APS employees on leave without pay working under the Members of Parliament (Staff) Act 1984
Published
- This circular is to inform agencies that the Australian Public Services Commissioner has amended the Australian Public Service Commissioner's Directions 2022 via the Australian Public Service Commissioner's Amendment (2025 Measures No. 1) Directions 2025 (the Amending Directions).
- The Amending Directions disapply the Australian Public Service (APS) Values of Impartial and Committed to Service when an APS employee takes leave without pay (LWOP), and is engaged under the Members of Parliament (Staff) Act 1984 (MOP(S) Act) to support a Federal parliamentarian.
- This means that these two APS Values will not apply to APS employees on LWOP working under the MOP(S) Act for the duration of that role. These employees will not contravene the APS Code of Conduct in the performance of their parliamentary duties where their work is aligned with the policies and agendas of the parliamentarian for whom they work, and where their behaviour is otherwise in accordance with the Behaviour Code for staff employed under the MOP(S) Act and the Behaviour Standards for Commonwealth Parliamentary Workplaces, administered by the Independent Parliamentary Standards Commission.
- APS employees on LWOP working under the MOP(S) Act continue to be bound by the remaining APS Values, the APS Employment Principles, and the requirement to behave in a way that upholds the good reputation of their agency and the APS. The ongoing obligation to comply with these elements of the APS Code of Conduct supports trust in government and public sector integrity, and fosters mobility between the APS and the Parliament for mutual benefit.
- In addition, employing parliamentarians should take precautionary measures, where possible, to ensure their staff are complying with the APS Conduct of Conduct, the Behaviour Code for staff employed under the MOP(S) Act and the Behaviour Standards for Commonwealth Parliamentary Workplaces.
- The Amending Directions are supported by comprehensive guidance from the Australian Public Service Commissionthat aims to clarify the conduct obligations of all APS employees in relation to the Public Service Act 1999 (PS Act), and the behavioural codes, standards and disciplinary frameworks that apply to them while they are working in a parliamentarian’s office. All parliamentarians and APS employees engaged under the MOP(S) Act are strongly encouraged to read the guidance and become familiar with the new arrangements.
- These changes do not apply to Departmental Liaison Officers who must comply with all elements of the APS Code of Conduct and all APS Values.
- The guidance can be found on the APSC website - APS employees working in a parliamentarian’s office: Guidance on applicable codes, standards and disciplinary frameworks (https://www.apsc.gov.au/working-aps/information-aps-employment/aps-employees-working-parliamentarians-office-guidance-applicable-codes-standards-and-disciplinary-frameworks)