Who is an ‘APS employee’?

An APS employee entitled to review (Section 33, Public Service Act) Comment

A current, not a former, employee of the APS

Note: there are two exceptions for former employees

If you have a review application but it has not been completed, your application for review lapses if:

  • you resign or
  • your employment is terminated.

This is because you are no longer an APS employee.

Both ongoing and non ongoing employeesYour employment status does not affect your entitlement to seek review (Section 22, Public Service Act).
Employees who are not Senior Executive Service (SES) employees

The right of review is restricted to non-SES employees. That is, employees in the classification levels APS1 to Executive Level 2 (Regulation 5.22).

Employees who are acting in the SES and whose substantive classification is below the SES, are able to apply.

Former employees only eligible for review in 2 situations.

In both situations, the application is made direct to the Merit Protection Commissioner

  1. For review of their entitlements on separation from the Australian Public Service (Regulation 7.2).
  2. For review of a decision made after their APS employment ceased that they had breached the Code of Conduct during APS employment (Division 7.3 Public Service Regulations).