Public Service Act 1999
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Public Service Act 1999
The Public Service Act 1999 () is an Australian law, passed in 1999 by the Howard Government that regulates the federal Australian Public Service. The Act regulates the employment of federal public servants in Australia. The Act establishes obligations of the Australian Government toward its public servants, and establishes the code of conduct to which they must adhere, including a requirement that they act apolitically, and not disseminate or exploit government information without authorization. It also establishes requirements that public servants be hired on merit. Prior to the public service act, other statutes were in force to ensure that public service selection would be on merit. Such statutes arose historically as an effort to eliminate the spoils system from democratic politics. The Act also established the office of the Australian Public Service Commissioner and the Merit Protection Commissioner as well as the Australian Public Service Commission. History In Novem ...
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Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ...
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Australian Public Service
The Australian Public Service (APS) is the federal civil service of the Commonwealth of Australia responsible for the public administration, public policy, and public services of the departments and executive and statutory agencies of the Government of Australia. The Australian Public Service was established at the Federation of Australia in 1901 as the Commonwealth Public Service and modelled on the Westminster system and United Kingdom's Civil Service. The establishment and operation of the Australian Public Service is governed by the ''Public Service Act 1999'' of the Parliament of Australia as an "apolitical public service that is efficient and effective in serving the Government, the Parliament and the Australian public". The conduct of Australian public servants is also governed by a Code of Conduct and guided by the APS Values set by the Australian Public Service Commission. As such, the employees and officers of the Australian Public Service are obliged to serve th ...
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Apoliticism
Apoliticism is apathy or antipathy towards all political affiliations. A person may be described as apolitical if they are uninterested or uninvolved in politics. Being apolitical can also refer to situations in which people take an unbiased position in regard to political matters. The ''Collins English Dictionary'' defines ''apolitical'' as "politically neutral; without political attitudes, content, or bias." History During classical antiquity, the Epicureans assumed disengagement from the life of the city as a doctrinal position. Seeking pleasure in the absence of suffering for the body and trouble for the soul, they saw political activity as a source of unnecessary stress that would not lead to these ends. However, they were not strictly apolitical and participated when political activity would bring them pleasure or aid in the avoidance of their suffering. Criticisms Apoliticism as an ideology is criticised for its claim that it is possible to remain impartial. Many pr ...
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Spoils System
In politics and government, a spoils system (also known as a patronage system) is a practice in which a political party, after winning an election, gives government jobs to its supporters, friends (cronyism), and relatives (nepotism) as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a merit system, where offices are awarded on the basis of some measure of merit, independent of political activity. The term was used particularly in politics of the United States, where the federal government operated on a spoils system until the Pendleton Act was passed in 1883 due to a civil service reform movement. Thereafter the spoils system was largely replaced by nonpartisan merit at the federal level of the United States. The term was derived from the phrase "to the victor belong the spoils" by New York Senator William L. Marcy, referring to the victory of Andrew Jackson in the election of 1828, with the term spoils meaning goods or ...
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Merit Protection Commissioner
The Australian Merit Protection Commissioner is an independent statutory office holder providing employment services to the Australian Public Service and the Parliamentary Service. The current Commissioner is Linda Waugh. The Commissioner is assisted by staff of the Australian Public Service Commission. The Commissioner is appointed by the Australian Government The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government i ... to review employees’ concerns about matters affecting employment, such as recruitment, discipline (misconduct) and performance management, and also provides recruitment and inquiry services to agencies. Text was copied from this source, which is available under Attribution 3.0 Australia (CC BY 3.0 AU)license. References Australian Public Service {{gov-job-stub ...
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Australian Public Service Commission
The Australian Public Service Commission (APSC) is a statutory agency of the Australian Government, within the Department of the Prime Minister and Cabinet, that acts to ensure the organisational and workforce capability to meet future needs and sustainability of the Australian Public Service (APS), that comprises approximately people, or 0.8% of the Australian workforce. The Commission was established pursuant to the ''Public Service Act 1999'' and is led by the Australian Public Service Commissioner, currently Peter Woolcott , and the Merit Protection Commissioner, currently Linda Waugh. Both Commissioners work closely with the Minister Assisting the Prime Minister for the Public Service, currently Katy Gallagher. APSC employs around 200 staff, with offices in Canberra and Sydney. The Commissioner reports annually to Australian Parliament on the state of the APS, including changes in the environment and infrastructure of the APS and emerging issues. Functions The visio ...
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Peter Reith
Peter Keaston Reith (15 July 1950 – 8 November 2022) was an Australian politician who served in the House of Representatives from 1982 to 1983 and from 1984 to 2001, representing the Liberal Party. He was the party's deputy leader from 1990 to 1993, and served as a minister in the Howard Government. Reith was born in Melbourne and studied law at Monash University. He settled in Cowes, Victoria, and served on the Phillip Island Shire Council from 1976 to 1981 (including as shire president for a period). Reith was elected to parliament at the 1982 Flinders by-election. He lost his seat at the 1983 federal election, but won it back the following year. In 1990, Reith was elected deputy leader of the Liberal Party under John Hewson. He was replaced by Michael Wooldridge after the 1993 election. In the Howard Government, Reith served as Minister for Industrial Relations (1996–1997), Minister for Small Business (1997–2001), Minister for Employment and Workplace Relations ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ...
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Comcare V Banerji
Comcare v Banerji is a decision of the High Court of Australia. It was an appeal brought by Comcare against former public servant Michaela Banerji, seeking to overturn a decision of the Administrative Appeals Tribunal. The tribunal had declared that termination of her employment was not a reasonable administrative action; once regard was had to the implied freedom of political communication.. The court ruled unanimously that provisions of the ''Public Service Act 1999'' (Cth), regarding the termination of a public servant's employment, did not contravene the implied freedom of political communication. It further ruled that the decision to terminate her employment based on her use of an anonymous Twitter account was not otherwise unlawful. Factual Background Banerji was a public servant at the Australian Human Rights Commission, which later became part of the then-named Department of Immigration and Citizenship (DIC). In 2012, she began to use an anonymous Twitter account ...
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Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force on 1 January 1901, at which time the Commonwealth of Australia came into being. The Constitution created a framework of government some of whose main features, ...
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