Welcome to Foundations of Governance in the Australian Public Service
Foundations of Governance has been created to assist agency heads in the Australian Public Service. It includes links to relevant policies, legislation and agency websites. The emphasis is primarily on the legislative and related Government policy obligations of agency heads that apply in the context of agency head responsibility for managing the agency.
From 1 January 2005 all new primary and subordinate legislation that is made will be published on ComLaw, not to SCALEplus. However, SCALEplus will continue to be available to users until all relevant material, including historical material, is migrated to ComLaw. Until this process is complete, you may need to visit SCALEplus in order to access the contents of: all historical databases; Statutory Rules that are not in force; and the legislation of the non-self-governing Territories.
Agency heads provide leadership by creating a realistic vision and a strategic focus, motivating others, articulating a clear direction and cultivating productive relationships with stakeholders.
Constitutional, legal & Government framework
The Constitution confers the legislative, executive and judicial powers of the Commonwealth of Australia on three different branches of government.
When Parliament creates a statutory power it vests that power in some individual or body who is then able to exercise it.
Accountability is central to ensuring the Government performs its functions effectively, efficiently, ethically and in the best interests of the community.
APS Values and APS Code of Conduct
The Values provide the philosophical underpinning of the APS and articulate its culture and operating ethos. The Code sets the required standard of conduct.
The Public Service Act prohibits the victimisation of, or discrimination against, an employee because they reported a breach or an alleged breach of the Code to a person authorised to receive the report
Respecting the diversity of the Australian community in providing services
Agency heads have a range of policy and legislative responsibilities that are associated with how they relate to, and deliver services to, the general public.
Financial management and budget frameworks
The financial management and budget frameworks emphasise performance, propriety and accountability. Agency heads have a significant level of responsibility and accountability under the frameworks.
The Public Service Act and the Workplace Relations Act provide the primary legislative framework for APS employment.
Management and use of Government information
The way information is used, communicated and stored is critical to Government operations and has implications for privacy, copyright, knowledge management, security, history and accountability.
It is the responsibility of the chief executive of each Financial Management and Accountability Act 1997 agency to manage the legal service needs of the agency efficiently and effectively.
Review of Government decision making
Administrative law is concerned with the review of the administrative actions of Government. Merits review of certain administrative decisions is vested in a range of non-judicial bodies.
Protection of the Commonwealth against crime
To protect their agencies from criminal conduct, it is important for agency heads to be aware of the behaviours that may constitute criminal offences against the Commonwealth.
It is important for agency heads to be aware of their responsibilities to ensure the protection of Government information and the safety of employees and Australian citizens.
Native title and dealing with land
Native title is a pre-existing interest that is recognised by Australia’s common law and, since 1 January 1994, the Native Title Act 1993.
The Government is committed to an integrated approach to the protection and conservation of our environment. Agency heads are responsible for ensuring that their operations are consistent with the Government’s environment legislation and policies.
