What is the legislative and policy framework for reviews in general?

The Public Service Act 1999 and the Public Service Regulations 1999 provide the legislative framework for reviews. Important references are:

  • section 10—the APS Values—impartial, committed to service, accountable, respectful, ethical
  • section 10A—the APS Employment Principles—
    (1) The APS is a career-based public service that:
    (a) makes fair employment decisions with a fair system of review; and …
    (c) makes decisions relating to engagement and promotion that are based on merit; and …
    (e) provides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued; and
    (f) provides workplaces that are free from discrimination, patronage and favouritism; and …
    (2) Decisions based on merit.
  • section 33—Review of actions— an APS employee is entitled to review … of an APS action that relates to his or her employment.

Policy requirements encouraging productive and harmonious working environments are detailed in part 5—Review of actions (Public Service Regulations 1999).

They include that:

  • employees' concerns are dealt with quickly, impartially and fairly and
  • review processes are consistent with approaches to alternative dispute resolution.

Part 5, Division 5 of the Regulations also sets out the general framework agencies and the Merit Protection Commissioner must follow when conducting reviews.