1 Name
of Rules [see Note
1]
These Rules are the Public
Service Classification Rules 2000.
2 Commencement
[see Note 1]
These Rules commence on
gazettal.
3 Revocation
of Public Service Classification Rules 1999
The Public Service
Classification Rules 1999, made on 3 December 1999, are revoked.
4 Definitions —
the dictionary
(1) The dictionary at the end
of these Rules defines certain words and expressions, and includes references
to certain words and expressions that are defined elsewhere in these Rules (signpost
definitions).
Note The dictionary only includes a signpost
definition for a word or expression if the word or expression is used in more
than one rule.
(2) The dictionary includes
certain words and expressions relevant to these Rules that are defined in the Public
Service Act 1999.
Note These definitions are indicated by an asterisk (*) and have
been included for information only to assist readers of the rules. Minor
changes from the Act definitions are indicated by square brackets ([ ]).
(3) A definition in these
Rules applies to each use of the word or expression in these Rules, unless the
contrary intention appears.
5 Approved
classifications
For the purposes of these Rules, a classification
is an approved classification if it is:
(a) a classification
under an award as in force from time to time; or
(b) a classification
mentioned in column 2 of Schedule 1; or
(c) a
training classification mentioned in column 2 of Schedule 2.
Note Subsection 23 (2) of the Act
provides that the Classification Rules may apply, adopt or incorporate, with or
without modification, any of the provisions of an award, as in force at a
particular time or as in force from time to time.
6 Classification
of APS employees: general
(1) An Agency Head must
allocate an approved classification to each APS employee in the Agency.
(2) Subject to rule 7, the
classification must be based on the group of duties that are determined by the
Agency Head to be the duties to be performed by the employee in the Agency
(other than duties temporarily assigned to the employee).
7 Classification
of APS employees: section 26 agreement
(1) This rule applies to an Agency Head if:
(a) an ongoing APS
employee moves to the Agency Head’s Agency in accordance with an agreement
entered into under section 26 of the Act; and
(b) the agreement applies for:
(i) a
specified period, in accordance with the agreement and the Public Service
Regulations 1999; or
(ii) the
duration of a specified task, in accordance with the agreement and those
Regulations.
(2) The Agency Head must not
comply with rule 6.
(3) The Agency Head must allocate to the employee:
(a) the approved
classification that was allocated to the employee immediately before moving to
the Agency; or
(b) another approved
classification that is in the same group as the classification mentioned in
paragraph (a).
(4) The allocation of a classification in accordance
with subrule (3) does not prevent the employee from:
(a) performing the
duties that are to be performed by the employee following the move to the
Agency; and
(b) receiving the pay
and other entitlements that are to be paid to the employee following the move
to the Agency.
8 Classification
of SES employees
For section 34 of the Act, an APS employee is
classified as an SES employee if the employee’s classification is
any of the following approved classifications:
(a) Senior Executive
Band 1;
(b) Senior Executive
(Specialist) Band 1;
(c) Senior Executive
Band 2;
(d) Senior Executive
(Specialist) Band 2;
(e) Senior Executive
Band 3;
(f) Senior Executive
(Specialist) Band 3.
9 Classification
of duties
(1) An
Agency Head must allocate an approved classification to each group of duties to
be performed in the Agency.
(2) The classification must be
the appropriate classification based on the work value requirements of the
group of duties.
(3) If a training
classification is allocated to the group of duties, the Agency Head must ensure
that the duties include a requirement to undergo training.
(4) If the group of duties
involves work value requirements applying to more than one classification, the
Agency Head may allocate more than one classification (a broadband)
to the group of duties.
(5) However, subrule (4) does
not apply to a group of duties to be performed by an SES employee.
10 Work
level standards
(1) An
Agency Head must issue, in writing, work level standards describing the work
requirements for each classification applying to a group of duties to be
performed in the Agency.
(2) Work level standards for a
classification must reflect the work value requirements for the classification.
11 Movement
from a training classification
(1) If an APS employee who is
engaged at a training classification satisfactorily finishes each training
requirement for the training classification, the Agency Head must allocate to
the employee a classification mentioned in column 3 of Schedule 2 that
relates to the employee’s training classification.
(2) This rule does not apply
to the employee if the employee is engaged in accordance with subregulation 3.5 (4)
of the Public Service Regulations 1999 for a specified term, or for the
duration of a specified task, for the purpose of the employee gaining skills
and experience.
12 Reduction
of classification of APS employee
For the purposes of
subsection 23 (4) of the Act, the classification of an APS employee is
reduced if the Agency Head allocates to the employee a classification that is
in a lower classification group than the employee’s classification before the
reduction.
13 Delegation
(1) An
Agency Head may, in writing, delegate to a person any of the Agency Head’s
powers or functions under these Rules (other than this rule).
(2) However, an Agency Head
cannot delegate powers or functions to an outsider without the prior written
consent of the Commissioner.
(3) A person (the first
delegate) to whom powers or functions are delegated under subrule (1)
may, in writing, delegate any of the powers or functions to another person (the
second delegate).
(4) However, if the first
delegate is subject to directions about the exercise of a power or function
delegated under subrule (3), the first delegate must give corresponding
directions to the second delegate.
(5) A power or function that
is exercised or performed by a person under a delegation under subrule (3) is
taken, for the purposes of these Rules, to have been exercised or performed by
the person who originally delegated the corresponding power or function under
subrule (1).
(6) A person exercising powers
or functions under a delegation under this rule must comply with any directions
of the Agency Head who delegated the power or function.
(7) For subrule (2):
outsider
means a person other than:
(a) an
APS employee; or
(b) a person appointed
to an office by the Governor‑General, or by a Minister, under a law of
the Commonwealth.
Dictionary
(rule
3)
Note Words and expressions defined in the Public
Service Act 1999 are indicated by an asterisk (*) (see subrule 4 (2)).
Minor changes from the Act are indicated by square brackets ([ ]). Except
where otherwise indicated, the definitions are found in section 7 of the Act.
Act means the Public
Service Act 1999.
*Agency means:
(a) a Department; or
(b) an Executive Agency; or
(c) a Statutory Agency.
*Agency Head means:
(a) the Secretary of a
Department; or
(b) the Head of an Executive
Agency; or
(c) the Head of a Statutory
Agency.
approved classification see rule 5.
*APS means the Australian
Public Service established by section 9 [of the Act].
*APS employee means:
(a) a person engaged under
section 22 [of the Act]; or
(b) a person who is engaged
as an APS employee under section 72 [of the Act].
*award has the same meaning
as in the Workplace Relations Act 1996.
classification
includes a training classification.
classification group means a group of classifications mentioned in column 1 of
Schedule 1.
*SES
means the Senior Executive Service established by section 35 [of the Act].
*SES employee has the
meaning given by section 34 [of the Act].
Note See rule 6 in relation to the
classification of SES employees.
training classification means a classification mentioned in column 2 of Schedule
2.