What is an ‘APS action’?

An APS action means … Comment
Things done or said, processes followed and/or decisions that have been made Based on the Macquarie Dictionary.
A refusal or failure to act

An action includes a refusal or failure to act (Section 33(7), Public Service Act).

For example, a failure to act on a complaint made by the employee or delays in making decisions.

Action by (Regulation 5.22):

  • an agency head or
  • an APS employee or

OR
Action by a person in the capacity of Section 33(7), Public Service Act:

  • an agency head or
  • an APS employee

OR
Action by the Australian Public Service Commissioner when exercising the same powers as an agency head (Section 33(7)(b) and Section 41B(7), Public Service Act).

Reviews are restricted to actions taken by an agency head or an APS employee (Regulation 5.22).

APS actions are actions by an agency head or an APS employee that concerns their employment relationship (Section 33(7), Public Service Act).

Direct actions by consultants, contractors and statutory office holders working alongside APS employees are not reviewable.

However, employees' concerns about the actions of consultants, contractors and statutory office holders may still be considered.

For example, if an employee complains to an APS manager about the actions of one of these people, the agency's response to that complaint may be a reviewable action. Non-SES employees may apply directly to the Merit Protection Commissioner for a review of the actions of a statutory office holder that concerns their employment relationship (Regulation 7.3).