Australian Public Service Agencies can now terminate any employee found guilty of serious corrupt conduct by the National Anti-Corruption Commission (NACC) due to new Public Service Regulations.
In its Circular 2023/1: Commencement of the Public Service Regulations 2023, the Australian Public Service Commission (APSC) said the new Public Service Regulations 2023 replaces the Public Service Regulations 1999 which was due to sunset on 1 April this year.
The APSC said the 2023 Regulations provide for termination of employment on the recommendation of the NACC.
“The new ground for termination would be used in cases of serious corrupt conduct as determined by the NACC, where there is a strong public interest in severing an individual’s employment relationship with the Commonwealth,” the APSC said.
“A NACC recommendation for termination would significantly prejudice any subsequent determination of breach of the Code of Conduct, and any sanction decision—hence the need for a discrete provision for termination following a NACC investigation,” it said.
“Agencies would nevertheless be expected to provide procedural fairness to an employee before a decision is made to terminate their employment on this new ground.”
The APSC said the remade Regulations also amended the definition of ‘outsider’ to exclude Australian Defence Force (ADF) members.
It said this meant that an Agency Head could delegate their functions or powers under the 2023 Regulations to members of the ADF without first seeking the APS Commissioner’s approval to do so.
The National Anti-Corruption Commission said the Regulations also limited fixed-term contracts for the same role to two years or two consecutive contracts.
APSC said Agency heads could approve longer “non-ongoing” contracts but only if they were satisfied such arrangements would not contravene a part of the Fair Work Act that commences later this year.
It said the Regulations also clarified rules around Promotion Review Committee (PRC) decisions.
“Where an applicant for review is an APS employee, the PRC will make a decision on whether the promotion or engagement decision will be upheld,” APSC said.
“Where an applicant for review is a Parliamentary Services employee, the PRC provides a recommendation to the Agency Head for consideration.”
The 2023 Regulations also allow for the Australian Public Service Commissioner to generate (and charge for) learning and development programs delivered outside the APS.
APSC’s Circular 2023/1 can be accessed at this PS News link.
