APS employees working in a parliamentarian’s office – Guidance on applicable codes, standards and disciplinary frameworks

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Introduction

APS employees may work in a Minister’s or other parliamentarian’s office at any time during their career. Such arrangements foster relationships of trust between the APS, the Government, and the Parliament, and support the sharing of skills and experience for mutual benefit.

The Australian Public Service Commissioner’s Directions 2022 provide a mechanism to facilitate this by enabling the mobility of APS employees to perform roles in a ministerial or parliamentarian’s office for a period of time, for example to serve as an adviser in a Minister’s office, or provide administrative support. From time to time, APS employees may also be engaged to support non-ministerial parliamentarians.

APS agencies and employees should be aware that:

  • The Australian Public Service Commissioner’s Directions 2022 now provide for some limits on the application of the APS Values to APS employees who are on leave without pay (LWOP) and engaged under the Members of Parliament (Staff) Act 1984 (MOP(S) Act) to work in a parliamentarian’s office.
  • A complementary process has been adopted within the new MOP(S) Employment Arrangements Determination 2025. This commenced on 20 February 2025 and provides that 
    • for periods of less than four weeks, parliamentarians’ offices can use temporary transfer of another MOP(S) Act employee, and
    • for periods of four weeks or more, parliamentarians’ offices can use either a MOP(S) Act employee or have an APS employee take LWOP and be engaged under the MOP(S) Act - thereby limiting the application of the APS Values and Code of Conduct.

To ensure the application of appropriate behaviour codes, parliamentarians and APS agencies should be mindful that where APS employees are ‘loaned’ to parliamentarians’offices without being engaged under the MOP(S) Act, they will be expected to comply with all APS Values – including the Impartial and Committed to Service Value – and all elements of the APS Code of Conduct, which is likely to affect the nature of the work they can perform. In these circumstances the duties and tasks performed by APS employees must be consistent with the APS Values and Code of Conduct.

This guidance 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.

Summary Table – Codes, standards and disciplinary frameworks applying to APS employees working in parliamentarians’ offices

  Applicable codes, standards and disciplinary frameworks
APS Code of Conduct Ministerial Staff Code of Conduct Behaviour Code for staff employed under the MOP(S) Act Behaviour Standards for Commonwealth Parliamentary Workplaces NACC Act
Departmental Liaison Officer Yes No No Yes* Yes
MOP(S) Act employee on leave without pay from the APS Limited application# Yes - if employed by a Minister Yes Yes Yes

* Any allegation of a breach of the Behaviour Standards by a Departmental Liaison Officer (DLO) may be referred by the Independent Parliamentary Standards Commission (IPSC) to the relevant employing APS Agency Head.

# Only sections 13(11) and 13(12) of the APS Code of Conduct apply to an APS employee on LWOP and engaged under the MOP(S) Act. In respect of section 13(11), the Impartial and Committed to Service APS Values do not apply. All other APS Values continue to apply.

Enforcement of any suspected breach of the APS Code of Conduct by an APS employee working in a parliamentarian’s office is, like any other APS Code of Conduct matter, at the discretion of the employing APS Agency Head under the PS Act, and will depend on the particulars of the alleged behaviour and in consideration of the operating context of the parliamentary workplace.

Roles and obligations of APS employees in parliamentarians’ offices

1. Departmental Liaison Officers

Departmental Liaison Officers (DLOs) are APS employees, and continue to be employed by their APS agency for the duration of their placements. DLOs are provided by portfolio departments to facilitate the flow of communication and work between the department (and other portfolio agencies) and Ministerial offices.

DLO roles involve administrative support and liaison between employees in the relevant portfolio department or agency and the Minister and their staff. This includes facilitating the provision of departmental briefing information (including factual information, and policy and program delivery advice) to the Minister’s Office, responses to Ministerial correspondence, and preparation of support materials for Parliament and official meetings and events.

APS obligations

As APS employees, DLOs must comply with all elements of the APS Code of Conduct and all APS Values. This includes the requirement to ‘at all times behave in a way that upholds the APS Values and Employment Principles, and the integrity and good reputation of their agency and the APS’ under section 13(11) of the PS Act.

Consistent with these requirements, DLOs must remain impartial while working in the Minister’s office. A DLO must not engage in any activity that could be perceived as political, including by:

  • acting as a de-facto ministerial adviser or a de-facto electorate officer
  • offering political opinions, endorsements or advice on Government policy or APS operational matters
  • developing political communications
  • engaging with parliamentarians on political matters
  • attending political party events, or
  • participating in election-related activities such as canvassing.

Ministers and their staff should not ask or direct a DLO to perform work that is in conflict with their APS obligations.

If a DLO believes a task or direction may be in conflict with their APS obligations, they should seek guidance.

A suspected breach of the APS Code of Conduct by a DLO is a matter for the DLO’s employing Agency Head, who has discretion to investigate the matter in accordance with the agency’s APS Code of Conduct procedures.

Parliamentary workplace obligations

DLOs must also comply with the Behaviour Standards for Commonwealth Parliamentary Workplaces. The requirements in the Behaviour Standards generally align with those in the APS Code of Conduct. The Behaviour Standards require all Commonwealth parliamentary workplace participants to act respectfully, professionally, and with integrity; uphold workplace laws; not abuse their power, influence, or authority; and not engage in bullying, harassment, sexual harassment, assault, or discrimination.

While complaints about alleged breaches of the Behaviour Standards may be made to the IPSC, the IPSC must decide not to investigate complaints against APS employees who are not engaged under the MOP(S) Act, including DLOs. The IPSC must take reasonable steps to refer any issue concerning the conduct of an APS employee to be dealt with by the relevant Agency Head (with the consent of the complainant).

2. APS employees on leave without pay and employed under the MOP(S) Act

APS employees are entitled under the Australian Public Service Commissioner’s Directions 2022 to take LWOP from the APS to work for a parliamentarian. In these circumstances, APS employees are not required to resign from their APS employment, but must be granted LWOP in accordance with section 67 of the Commissioner’s Directions. They are then engaged under the MOP(S) Act for the duration of their role. Engagements under the MOP(S) Act have no effect on the individual’s underlying APS employment, and APS employees are entitled to return to their agency at the same or equivalent classification when their MOP(S) Act employment ceases. The period of LWOP will automatically come to an end when MOP(S) Act employment ceases.

Application of the APS Code of Conduct

While on LWOP and engaged under the MOP(S) Act, APS employees are only bound by those elements of the APS Code of Conduct that apply ‘at all times’, including:

  • the requirement in section 13(11) of the PS Act to behave ‘at all times’ in a way that upholds:
    • the APS Values and
    • the APS Employment Principles, and
    • the integrity and good reputation of the employee’s agency and the APS
  • the requirement at section 13(12) of the PS Act, when on duty overseas to ‘at all times’ behave in a way that upholds the good reputation of Australia.

These employees are not bound by the other elements of the APS Code of Conduct at section 13 of the PS Act, which only apply 'in connection with APS employment'.

Further, on commencement of the Australian Public Service Commissioner’s Amendment (2025 Measures No. 1) Directions 2025 on 21 February 2025, these employees are not required to comply with the Impartial and Committed to Service APS Values. This is because:

  1. upholding the Impartial APS Value—as it is defined and required under the PS Act framework in support of an apolitical public service—may be seen as inconsistent with a political advisory role supporting any parliamentarian; and
  2. upholding the Committed to Service APS Value may be seen as inconsistent with the separate employment arrangement requirements under the MOP(S) Act, including advisory roles for non-government parliamentarians.

This means that APS employees on LWOP working under the MOP(S) Act will not contravene the APS Code of Conduct in the performance of their duties as MOP(S) Act employees where their work is aligned with the policies and agendas of the parliamentarian for whom they work, even if it is contrary to the interests of the government of the day, so long as it is for the dominant purpose of conducting a member’s parliamentary business and the employee’s behaviour is otherwise in accordance with the relevant Behaviour Codes and Standards. They must perform their duties in accordance with their obligations under the MOP(S) Act framework.

APS employees on LWOP working under the MOP(S) Act continue to be bound by the remaining 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 aligns with integrity behaviour expectations of all public sector officials, supports trust in government, and fosters mobility between the APS and the Parliament for mutual benefit.

Concerns about the conduct of MOP(S) Act employees, including APS employees on LWOP employed under MOP(S) Act, can be considered by the IPSC and may also be referred to the individual’s employing APS Agency Head.

Parliamentary workplace obligations

While they are MOP(S) Act employees, APS employees on LWOP must comply with the Behaviour Code for staff employed under the MOP(S) Act and the Behaviour Standards for Commonwealth Parliamentary Workplaces.

Complaints about breaches of the Behaviour Code and the Behaviour Standards by MOP(S) Act employees should be made to the IPSC. The IPSC may investigate complaints against MOP(S) Act employees, including those on leave from the APS, and recommend sanctions to be taken against a MOP(S) Act employee by their employing parliamentarian where it has found a breach has occurred.

A breach of the Behaviour Code or the Behaviour Standards, or relevant sanction, does not automatically have an impact on a MOP(S) Act employee’s APS employment. However, the IPSC will share information with the employing APS Agency Head where reasonably necessary. This could then impact upon the MOP(S) Act employee’s APS employment, if they exercise their right to return to their APS agency. In such cases, the agency needs to consider the relevance of the Behaviour Code or Behaviour Standards breach finding or sanction to the individual’s APS employment, having regard to factors including the operating context in which the conduct occurred and the potential impact of the conduct on public confidence in the integrity of the APS. Agency Heads must ensure that any action regarding the employee’s APS employment on return to the agency—either in respect of the APS Code of Conduct as outlined above, or other actions such as reasonable directions, counselling, restrictions to accessing systems or information, or change of duties—are reasonable and proportionate in the circumstances.

In addition, MOP(S) Act employees working for a Minister or Assistant Minister, including as electorate staff, must also comply with the Ministerial Staff Code of Conduct. A breach of the Ministerial Staff Code of Conduct is a matter for the Special Minister of State, in consultation with the MOP(S) Act employee’s employing Minister.

Considerations for APS agencies

Where a conduct matter is referred to an APS Agency Head by the IPSC concerning an alleged breach of the Behaviour Standards and Codes by an APS employee on LWOP during MOP(S) Act employment, the Agency Head (or delegate) must consider the following in exercising their discretion to take further action:

  • If the matter relates to conduct that may be inconsistent with the Impartial or Committed to Service Values and is alleged to have occurred on or after 21 February 2025, an agency must not treat it as a potential breach of the APS Code of Conduct—i.e. a breach cannot be determined under agency procedures established under section 15(3) of the PS Act, and a sanction under section 15(1) cannot be imposed.
  • If the matter relates to conduct that may be inconsistent with the Impartial or Committed to Service Values and is alleged to have occurred before 21 February 2025, it is strongly recommended that agencies do not consider it as a potential breach of the APS Code of Conduct —i.e. do not deal with the matter under their section 15(3) procedures.
  • It is also strongly recommended that agencies discontinue matters on hand under their section 15(3) procedures to the extent that they relate to conduct that may be inconsistent with the Impartial or Committed to Service Values for the relevant employees.
  • If the matter relates to conduct that may be inconsistent with any other applicable elements of the APS Code of Conduct, agencies should consider any potential disciplinary actions having full regard to the operating context of the parliamentary workplace, as well as the agency’s obligations to provide procedural fairness and maintain proper confidentiality; and have regard to the guidance in Handling Misconduct, at Chapter 4: When behaviour doesn’t meet expectations—preliminary considerations.

Where a conduct matter is referred to an APS Agency Head by the IPSC concerning an alleged breach by a DLO of the Behaviour Standards for Commonwealth Parliamentary Workplaces, the Agency Head (or their delegate) should consider the nature and seriousness of the alleged conduct having regard to all the circumstances, and respond in a way that is proportionate and appropriate, having regard to the guidance in Handling Misconduct, at Chapter 4: When behaviour doesn’t meet expectations—preliminary considerations.

A decision to proceed or not proceed with a Code of Conduct inquiry should be clearly documented.

National Anti-Corruption Commission jurisdiction

The Australian Public Service Commissioner’s Amendment (2025 Measures No. 1) Directions 2025 does not affect the application of the National Anti-Corruption Commission Act 2022 (NACC Act).

All APS employees, including those on LWOP and employed under the MOP(S) Act, are public officials within the jurisdiction of the National Anti-Corruption Commission (the NACC). For the purposes of the NACC Act, the following people are public officials and within the jurisdiction of the NACC:

  • Members and senators of the Australian Parliament, including ministers and the people who work for them,
  • staff members of Commonwealth agencies, including employees of and persons engaged in assisting Australian Government departments, Commonwealth companies and statutory bodies,
  • contracted service providers (such as consultants, independent contractors, and labour-hire contractors) under Commonwealth contracts administered by Commonwealth agencies, and
  • staff members of the NACC.

In addition, the heads of Commonwealth agencies and parliamentarians have obligations under the NACC Act to refer certain issues to the NACC for potential investigation. Specifically, if a parliamentarian becomes aware of a corruption issue within their office, they must inform the NACC about it if all of the following apply:

  • the corruption issue concerns the conduct of a person who is, or was, a staff member of the parliamentarian’s office while that person is, or was, a staff member of that office, and
  • the parliamentarian suspects the issue could involve serious or systemic corrupt conduct.

Corrupt conduct

The NACC may decide to investigate allegations of conduct that may be serious or systemic corrupt conduct under the NACC Act. There are four types of corrupt conduct under the NACC Act. A person engages in corrupt conduct if:

  1. they are a public official and they breach public trust
  2. they are a public official and they abuse their office as a public official
  3. they are a public official or former public official and they misuse information they have gained in their capacity as a public official, or
  4. they do something that adversely affects a public official’s honest or impartial exercise of powers or performance of official duties. Any person can engage in this type of corrupt conduct, even if they are not a public official themselves.

A person also engages in corrupt conduct if they try or plan to do any of those things. A public official’s conduct may involve one or more types of corrupt conduct.

Further information on corrupt conduct can be found on the NACC website: What is corrupt conduct | National Anti-Corruption Commission (NACC)

Support, advice, referrals and complaints

Agencies are expected to provide ongoing support to their employees, regardless of their role in a parliamentarian’s office, including through regular check-ins.

Both DLOs and APS employees in MOP(S) Act roles are encouraged to regularly and proactively seek support and advice from a range of sources, including wellbeing support; advice about their entitlements and obligations as APS employees; and assistance in navigating any scenarios where tension may arise between their APS obligations and their parliamentary roles.

Avenues of support include:

  • The head of their agency’s Ministerial or Parliamentary coordination branch, or equivalent
  • Their agency’s Chief Operating Officer
  • Their agency’s Human Resources area, and
  • The Australian Public Service Commission’s Ethics Advisory Service on (02) 6202 3737, or email ethics@apsc.gov.au

In addition to the above sources of support, APS employees in MOP(S) Act roles may also seek information, advice or support in relation to their MOP(S) Act entitlements, obligations, and professional expectations from the Ministerial and Parliamentary Services Division in the Department of Finance:

All parliamentary workers may seek advice and support on their work health, safety and wellbeing in the parliamentary workplace from the Parliamentary Workplace Support Service:

All parliamentary workers may seek advice on travel expenses and travel allowances from the Independent Parliamentary Expenses Authority:

Referrals or complaints about the conduct of parliamentarians and their staff may be made to the Independent Parliamentary Standards Commission at https://www.ipsc.gov.au/.

For questions relating to the National Anti-Corruption Commission, including information about the NACC Act, please visit www.nacc.gov.au.

Voluntary referrals about corrupt conduct by any public official may be made to the National Anti-Corruption Commission at Report corrupt conduct | National Anti-Corruption Commission (NACC) or on 1300 489 844.

Scenarios

Departmental Liaison Officers

Danny is an APS employee who was successful in an Expression of Interest exercise to undertake a 12 month DLO role in the portfolio Minister’s office. Danny is transferred from his own branch to the department’s Ministerial Services Branch, and his supervisor, Cheryl, is an EL2 in that Branch.

On the morning of a busy sitting day, Danny spots a media article on a controversial Government program administered by the department that the Minister may need to respond to in Question Time. He sends a text message to Fleur, the Director in the relevant area of the department, asking for a brief explaining the department’s implementation of the program, including specific wording he had heard the Minister use in a television interview that was highly critical of the Opposition’s previous administration of the program when they were in government. Danny tells Fleur the Minister’s adviser ‘wants the brief ASAP’. Fleur is unsure that this wording should go in a Question Time brief from the department, and she escalates the request to her SES manager Mark, who calls the adviser directly to check the request. The adviser indicates the Minister will need a brief about the program, given the article, but only containing factual statements about the Government’s publicly announced policy commitments and how the agency is currently implementing them.

Mark later contacts Cheryl, concerned that Danny should understand he needs to perform his role with appropriate impartiality, not make assumptions about the nature of the material the department can provide to the Minister or misrepresent the Minister’s adviser to the department.

What happens next?

Cheryl counsels Danny that even though he is working in the Minister’s Office and it is good to take initiative to ensure the Minister is well supported in Parliament, Danny is performing his role as an APS employee and he must comply with the APS Code of Conduct in every aspect of his role, including the requirement to uphold the Impartial Value at all times. This means taking care not to be perceived as acting politically in the course of his DLO duties.  It is not the department’s function, and therefore not his role, to provide political lines of argument for the Minister’s attendance at Question Time.

The APS Commissioner’s Directions to APS employees on the Impartial APS Value include:

  • ensuring that the employee’s actions do not provide grounds for a reasonable person to conclude that the individual could not serve the Government of the day impartially;
  • understanding the needs of the Government and providing it with the best objective, non‑partisan advice based on the best evidence available.

Cheryl suggests a protocol be agreed between Danny, the Minister’s Office and the relevant area of the department about the provision of information about this particular program in various contexts in addition to Parliament Question Time, such as public events, constituent correspondence and stakeholder meetings. 

If Danny is still unsure about the nature of his role and where the ethical boundaries are, he can always seek advice at any time from:

  • Cheryl or other members of the Ministerial Service Branch, many of whom have previously performed DLO roles themselves, or more senior leaders in the department if he considers he is being specifically directed to act contrary to his APS obligations
  • the Ethics Advisory Service in the Australian Public Service Commission.

APS employees on leave without pay and employed under the MOP(S) Act

Sonia is an APS employee. Sonia takes leave without pay from the APS to work in a Ministerial office, and is engaged under the MOP(S) Act. While working in that office, Sonia is alleged to have bullied a colleague in that office.

The IPSC investigates the complaint, and finds that Sonia has breached the Behaviour Code for staff employed under the MOP(S) Act. The IPSC recommends a sanction of a written reprimand, and shares information regarding the breach with Sonia’s APS agency. At the conclusion of her MOP(S) Act employment later in the year, Sonia returns to her APS agency. The agency has regard to the seriousness of Sonia’s conduct and the context in which it occurred, and on that basis decides to counsel Sonia and put in place measures to mitigate future risks of bullying.

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