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Circulars and advices

The Australian Public Service Commission issues advices and circulars to agencies outlining changes in APS people and performance management. The following advices and circulars are current under the Public Service Act 1999 unless otherwise indicated. This includes advices issued with the release of the Public Service Act 1999.

Inquiries

Inquiries of a general nature including policy or conditions should be directed to your agency's HR or corporate area. APS agencies' senior managers and HR/corporate areas can contact the Commission's Employment Policy Adviceline on phone (02) 6202 3859 or email employmentadvice@apsc.gov.au if they require further assistance or information.

Employment policy

The information in individual advices/circulars may have been amended or updated by subsequent publications or circulars. A list of current operative publications and circulars - listed by subject heading - can be found on our employment policy page.

Select a year
2008	2007	2006	2005	2004	2003	2002	2001	2000	Public Service Act advices

2008

Circular 2008/9: Amendments to the Public Service Commissioner's Directions - Engagement of redundancy benefit recipients
The purpose of this circular is to advise of an amendment to the provisions of the Public Service Commissioner’s Directions 1999 dealing with the engagement of redundancy benefit recipients.

Circular 2008/8: Interim protocols for online media participation
The circular provides a set of interim protocols to agencies that are using or planning to use online media, including blogs, as a means of communication with clients and stakeholders.

Circular 2008/7: Code of Conduct for Ministerial Staff
This circular provides information on the Government’s Code of Conduct for Ministerial Staff and how it will operate

Circular 2008/6: Revised edition of Handling Misconduct publication
The purpose of this circular is to advise agencies that a revised edition of the publication Handling Misconduct – a human resources practitioner’s guide to the reporting and handling of suspected and determined breaches of the APS Code of Conduct is now available on the Commission’s website and, for the first time, in hard copy

Circular No 2008/5: Electronic publication of the APS Employment Database Manual 2008
The purpose of this circular is to advise agencies that the revised APS Employment Database (APSED) manual 2008 is now available on the Commission's website.

Circular No 2008/4: Requirements relating to the Lobbying Code of Conduct and post separation contact with Government
The circular follows the release of the Government's Lobbying Code of Conduct, which requires all professional lobbyists who approach Government representatives to be registered with the The Department of the Prime Minister and Cabinet, to provide details of who they represent and to maintain particular standards of integrity in their lobbying work.

Circular No 2008/3: Providing information on Code of Conduct investigation outcomes to complainants
This circular provides guidance about what information Australian Public Service (APS) agencies can or should give complainants about the outcome of their complaints.

Circular No 2008/2: APSjobs website enhancements
The www.APSjobs.gov.au website, launched in August 2007, provides a single entry point for Australian Public Service employment opportunities. The website now has a number of new features and enhancements. Attached is a summary of all features now available.

Circular No. 2008/1: Amendments to the Public Service Commissioner's Directions 1999 — Engagement of non-ongoing Senior Executive Service employees
The purpose of this circular is to advise agencies of a change that has been made to the Public Service Commissioner's Directions 1999. The change clarifies the capacity of APS agencies to engage a Senior Executive Service (SES) employee on a non-ongoing basis for no more than 12 months without the employment opportunity needing to be notified.

2007

Circular No 2007/5: Involvement of public servants in public information and awareness initiatives
This circular provides new APS-wide policy guidelines on the participation of public servants in public information and awareness initiatives.

Circular No 2007/4: APSjobs website and the Australian Public Service Gazette
There have been recent changes to the presentation of the Australian Public Service Gazette (APS Gazette) with the release of a new website, www.APSjobs.gov.au.

Circular No 2007/3: Post Separation Employment: Policy Guidelines
The Commission has issued revised policy guidelines on the management of possible conflicts of interest and other probity issues when employees leave the APS to take up employment in fields that are aligned to their APS responsibilities.

Circular No 2007/2: The Privacy Act and employee information concerning Code of Conduct matters
This circular clarifies the circumstances in which information can be provided concerning Code of Conduct matters when APS employees move from one APS agency to another. The circular takes into account the Privacy Act 1988.

Circular No 2007/1: Declarations of personal Interests: Revised Policy Guidelines
This circular advises changes to APS-wide policy on the requirement for some APS employees to submit written declarations of their financial and other personal interests.

2006

Circular No 2006/7: Planning for influenza pandemic issues – APS employment issues
This circular provides information to agencies on the range of powers available to them under the Public Service Act 1999 which may be of assistance in preparing for and responding to possible scenarios arising in the lead up to and during an influenza pandemic.

Circular 2006/6: Use of special measures to fill employment opportunities for people with intellectual disability
This circular outlines the measures that can be used by agencies in recruitment exercises to increase the representation of people with disability in the APS.

Circular No 2006/5: Engagement of persons who have received a redundancy benefit from Commonwealth employment – Impact of Telstra (3) sale
This circular updates our advice on the eligibility for employment in the APS of ex-Telstra employees who receive a redundancy benefit on termination of their employment from Telstra after the Telstra (3) sale.

Circular No 2006/4: APS staff selection exercises – Use of external providers
This circular provides additional advice to agencies in respect of staff selection exercises.

Circular No 2006/3: Amendment to the Public Service Regulations 1999
This Circular provides advice on the amendment to the Public Service Regulations 1999 (the Regulations) concerning the disclosure of information.

Circular No 2006/2: Citizenship requirments for engagement in the Australian Public Service
This circular is to advise of changes to the Australian Public Service Commission’s publication Conditions of engagement

Circular No 2006/1: Use of identified criteria and special measures to fill employment opportunities
This circular outlines the difference between these options when used in APS recruitment exercises.

2005

Circular 2005/6: Improving Senior Executive Service selection processes
This circular advises of some changes to be applied to selection arrangements for Senior Executive Service (SES) employment.

Circular No 2005/5: Amendments to the Prime Minister's Public Service directions 1999 – Leave without pay
The purpose of this circular is to advise of an amendment to the arrangements set out in the Prime Minister’s Public Service Directions 1999 dealing with mandatory leave without pay for APS employees to take up a full time statutory appointment.

Circular No 2005/2: Advice to agencies on the continuation of allocating AGS numbers
The purpose of this circular is to advise agencies about the use of Australian Government Staff Numbers (AGSNs) with regards to the introduction of ComSuper’s new Public Sector Superannuation Scheme Accumulation Plan (PSSAP).

2004

Circular No 2004/7: SES Selection Arrangements – Additional Selection Criteria
Advises of changed requirements agencies should follow when it is decided to add an additional selection criteria to the five core SES selection criteria.

Circular No 2004/6: Amounts to be Included in Payment in Lieu of Notice of Termination of Employment
The purpose of this circular is to confirm previous advice given to agencies in APS Commission circulars 1998/1 and 2000/1 on the amounts that should be included when calculating payment in lieu of notice on termination of employment.

Circular No 2004/4: Payments in Special Circumstances Under Section 73 of the Public Service Act 1999
The purpose of this circular is to advise Australian Public Service (APS) agencies on the provisions of section 73 of the Public Service Act 1999 (PS Act) in relation to the making of special payments; and new reporting requirements relating to section 73 payments.

Circular No 2004/3: Amendments to the Public Service Regulations 1999 and the Public Service Commissioner's Directions 1999 — Election Candidates And Other Technical Amendments
The purpose of this circular is to advise agencies of a number of changes that have been made to the Public Service Regulations 1999 (the Regulations) and the Public Service Commissioner's Directions 1999 (the Directions).

Circular No 2004/1: Amendments to the Public Service Regulations 1999 and to the Public Service Commissioner's Directions 1999-(A) mobility between the Australian Public Service and the Parliamentary Service and (B) judgement debts
The purpose of this circular is to advise agencies of changes to the Public Service Regulations 1999 (the Regulations) and to the Public Service Commissioner's Directions 1999 (the Directions) dealing with the mobility arrangements between the Australian Public Service (APS) and the Parliamentary Service, and minor changes to the Regulations relating to judgement debts.

2003

Circular No 2003/7: Impact of amendments to the Workplace Relations Act 1996 on probation and termination of employment in the APS
The purpose of this circular is to advise agencies that the Workplace Relations Amendment (Fair Termination) Act 2003 (Fair Termination Act) has received Royal Assent and is expected to come into effect on 27 November 2003; and that the APS Commission's booklets on probation and termination of employment are being reviewed in light of the new legislation.

Circular No 2003/5: Amendment to the Public Service Commissioner's Directions on the engagement of persons who have received a redundancy benefit from Commonwealth employment
The purpose of this circular is to advise agencies of changes to the Public Service Commissioner's Directions 1999 dealing with the engagement in the APS of persons who have received a redundancy benefit from the Commonwealth.

Circular No 2003/4: New Apprenticeships
The purpose of this circular is to provide an overview of the New Apprenticeship program and information for agencies on how it might be used in the APS

2002

Circular 2002/13: Changes to the delivery of redeployment and career advice services
This circular is to advise of changes to the delivery of redeployment and career advice services provided by the Australian Public Service Commission

Circular 2002/12: Amendments to the Public Service Regulations regarding the movement of ongoing employees from one agency to another
The purpose of this circular is to advise agencies of amendments to the Public Service Regulations governing the ongoing and temporary movement of ongoing employees between agencies which come into operation on 1 December 2002.

Circular 2002/10: Attachment of salaries to satisfy a judgment debt
This Circular advises agencies of the amendment to the Public Service Regulations which took effect on 12 September 2002 regarding the satisfaction of judgment debts

Circular 2002/5: Breaches of the Code of Conduct - reduction in salary for a specified period
This Circular clarifies the position in relation to a sanction of reduction in salary for a specified period

2001

Circular 2001/6: Mobility arrangements between the Australian Public Service and the Parliamentary Service
The purpose of this circular is to advise of the changes recently made to the Parliamentary Service Act 1999 which ensure mobility between the APS and the Parliamentary Service.

Circular 2001/5: Electronic Transactions Act 1999
The purpose of this circular is to provide an update on the implication of the Electronic Transactions Act 1999 for communication arising as a consequence of action under various provisions of the Public Service Act 1999.

Circular 2001/4: Whistleblowers' reports
The purpose of this Circular is to clarify the interaction of an agency's investigation of whistleblowers' reports and procedures to determine whether misconduct has occurred; the role of the the Commissioners when a whistleblower's report is made to them; and the extent of an agency's obligation to inform a person making a whistleblower's report about any misconduct action that may arise.

Circular 2001/3: Supplementary information for APS employees contesting elections
This Circular has two purposes: to provide supplementary information for APS employees who wish to contest an election in the Australian Capital Territory or South Australia; and to highlight the importance of the APS Values in these circumstances.

Circular 2001/2: Requirements for APS employees seeking to contest an election
This Circular reminds agencies of the requirements of the Constitution and of the Public Service legislation regarding APS employees who wish to contest a federal, state or territory election.

Circular 2001/1: Cooperative arrangements between the Commonwealth and the states
This circular advises agencies of the implications of the High Court's decision in R V Hughes (2000 171 ALR 155) on the conferral of State powers on Commonwealth officials. Includes form.

2000

Circular 2000/7: Amendments to the Public Service Commissioner's Directions
This circular advises agencies of changes to the Public Service Commissioner's Directions, made under the Public Service Act 1999

Circular 2000/6: Public Service Amendment Regulations 2000 (No 1)
This circular advises agencies of changes to the Public Service Regulations, made under the Public Service Act 1999

Circular 2000/5: Termination of employment under paragraph 29(3)(d) of the Public Service Act 1999 - inability to perform duties because of physical or mental incapacity
Concerns the use of the Public Service Act 1999 to terminate the employment of an APS employee because of incapacity where the employee is not eligible for invalidity benefits under superannuation legislation

Circular 2000/4: Resignation and failure to return to duty
Explains how resignation under the Public Service Act 1999 is different in some respects from resignation under the old PS Act

Circular 2000/3: Electronic Transactions Act 1999
An update on the implication of the Electronic Transactions Act 1999 arising as a consequence of the Public Service Act 1999

Circular 2000/2: Australian Industrial Relations Commission decision in respect of a termination of employment
Advises agencies of a decision of the Australian Industrial Relations Commission concerning an application under the Workplace Relations Act 1996 with respect to a termination of employment

Circular 2000/1: Workplace Relations Act 1996 - Impact on payments instead of notice of termination
Information concerning the inclusion of superannuation payments in the amount of compensation instead of notice of termination under section 170CM of the Workplace Relations Act 1996

Public Service Act advices

PS Act Advice No. 3: Special employment measures
This advice provides information on special employment programs for the recruitment of Indigenous Australians and people with intellectual disabilities

PS Act Advice No. 7: Staffing actions: Non-ongoing employees
This advice focuses on the legal requirements and transitional arrangements for: merit and the selection; the engagement of specified term and specified task non-ongoing APS employees; the engagement of irregular or intermittent employees; and the early termination of non-ongoing employees.

PS Act Advice No. 10: Non-Performance of duties
The purpose of this advice is to outline the options available to Agency Heads for dealing with employees who fail to perform their duties because of unauthorised absence

PS Act Advice No. 11: Managing underperformance
The purpose of this advice is to provide information about the changed heads of power for managing underperformance. In addition it highlights the need for agencies to ensure that their performance management systems which allows for the proper management of cases of underperformance

PS Act Advice No. 12: Excess employees
This advice deals only with the management of ongoing non-SES excess employees. It includes information on redundancy pay and notice of termination, a ruling on the definition of 'locality' , amounts to be included in payment instead of notice of termination, operation of section 170CL of the WRA in relation to an employer notifying the CES of proposed terminations, and what ACTPS service is recognised for severance pay purposes in the APS

PS Act Advice No. 16: Machinery of Government changes
Includes extracts from the Public Service Act and Regulations dealing with remuneration and other conditions of employment of staff affected by MOG changes.

PS Act Advice No. 22: Discrimination in APS Employment
The purpose of this advice is to provide information on requirements for the prevention of discrimination in employment

PS Act Advice No. 23: Transitional provisions for dealing with pre-commencement misconduct
The purpose of this advice is to transmit legal advice received from the Australian Government Solicitor on the management of misconduct

PS Act Advice No. 28: Application of the APS Code of Conduct to certain statutory office holders
The purpose of this advice is to advise agencies that certain statutory office holders who are not Agency Heads but who work with APS employees from 5 December 1999 will be bound by the APS Code of Conduct when supervising APS employees. It includes the Code of conduct proposed by the Report of the Committee of Inquiry Concerning Public Duty and Private Interest (the Bowen Report) - Principles for the avoidance and resolution of conflicts of interest, the APS Code of Conduct and an indicative list of agencies/bodies with statutory office holders who may have supervisory responsibilities in relation to APS employees

PS Act Advice No. 31: Gazette notifications
This advice contains information on the requirements for Gazette notification under the new PS Act.

PS Act Advice No. 33: Workers' compensation for APS employees aged 65 and over
The purpose of this advice is to advise agencies about the effect of a proposed amendment to the Safety, Rehabilitation and Compensation Act 1988

PS Act Advice No. 34: Prime Minister's Directions
This advice outlines the requirements of the Prime Minister's Public Service Directions and provides guidance to Agency Heads in exercising their employment powers.

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