Integrity legislative environment

Contents

APS employees operate within a comprehensive legislative and policy framework that supports integrity, accountability and effective public administration. This framework provides the foundation for how APS employees are employed, managed and expected to behave.

At its core is the Public Service Act 1999 (PS Act), which establishes the APS as an apolitical, professional and high-performing public service. The Act outlines the roles and responsibilities of Agency Heads, the Australian Public Service Commissioner and the Merit Protection Commissioner, and defines the rights and obligations of APS employees.

Supporting the Act is a hierarchy of legislation, directions, rules and guidance materials that together provide detailed requirements and practical guidance for APS operations. The legislative frameworks collectively support fair, safe and lawful employment practices across the APS. In addition, HR practitioners need to understand how to apply other employment legislation within the broader legislative framework of the APS.

What are the benefits?

Clarify the legislative framework underpinning APS employment and conduct.
Support consistent application of integrity, accountability and ethical standards.
Provide guidance on roles, responsibilities and governance obligations.
Help employees understand how legislation and policy apply in practice.

What this resource covers

Public Service Act 1999: Establishes the APS, including the roles, responsibilities, rights and obligations that apply across the service.
Public Service Regulations 2023: Provide detailed provisions supporting the operation of the PS Act, including matters relating to employment, conduct, review rights and the use of information.
Australian Public Service Commissioner's Directions 2022: Set out mandatory requirements for upholding the APS Values and Employment Principles and support recruitment, performance management and conduct processes.
Public Service Classification Rules 2000: Establish APS classification structures and require work value assessments based on APS Work Level Standards.
Determinations and directions made under the PS Act: Provide additional requirements and guidance on APS employment matters.
Prime Minister's directions: Provide direction to Agency Heads on APS management and leadership matters of APS employees.
APSC circulars and guidance materials: Support the practical application of APS legislation and policy, including misconduct and workforce management guidance.
Other employment legislation: HR practitioners should understand and apply other employment legislation. Such as, Fair Work Act 2009.