{{Use dmy dates|date=April 2022}} {{Infobox legislation | short_title = Public Service Act 1999 [http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/psa1999152/] | legislature = Parliament of Australia | image = Coat of Arms of Australia.svg | long_title = | citation = | territorial_extent = | enacted_by = | date_enacted = | date_assented = | royal_assent = | date_commenced = 5 December 1999 | bill = | bill_citation = | bill_date = | introduced_by = Howard government | 1st_reading = | 2nd_reading = | 3rd_reading = | amendments = | summary = | keywords = | status = in force | datepassed = }}
The '''Public Service Act 1999''' ({{Cite Legislation AU|Cth|act|psa1999152|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.<ref name="para 43">{{Cite AustLII|HCA|23|2019|litigants=Comcare v Banerji|link=}}</ref>
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.<ref name="para 43" /> It also establishes requirements that public servants be hired on merit.<ref name="para 43" />
Prior to the public service act, other statutes were in force to ensure that public service selection would be on merit.<ref name=":0">{{Cite AustLII|HCA|23|2019|litigants=Comcare v Banerji|link=|pinpoint=Gageler's judgement}}</ref> Such statutes arose historically as an effort to eliminate the spoils system from democratic politics.<ref name=":0" />
The Act also established the office of the Australian Public Service Commissioner<ref>{{Cite Legislation AU|Cth|act|psa1999152|Public Service Act, 1999}}</ref> and the Merit Protection Commissioner as well as the Australian Public Service Commission.
==History== In November 1996, Peter Reith issued a discussion paper, ''Towards a best practice Australian Public Service'',{{sfn|A history in three acts: Evolution of the Public Service Act 1999|2004|p=125}} that, among other things, recommended key elements which might need to be incorporated into a new streamlined and principles-based Public Service Act.{{sfn|A history in three acts: Evolution of the Public Service Act 1999|2004|p=125}}
After several years spent developing a new Act, the ''Public Service Act 1999'' came into effect on 5 December 1999.{{sfn|A history in three acts: Evolution of the Public Service Act 1999|2004}}
==Code of conduct== The Act also introduced APS Values and a Code of Conduct for the first time,{{sfn|A history in three acts: Evolution of the Public Service Act 1999|2004}} under which public servants who breach the code of conduct can be demoted, fined, reprimanded or fired.<ref>{{cite news|url=http://www.canberratimes.com.au/news/local/news/general/ps-on-notice-over-social-media-use/2423502.aspx|archive-url=https://web.archive.org/web/20120119020440/http://www.canberratimes.com.au/news/local/news/general/ps-on-notice-over-social-media-use/2423502.aspx|archive-date=19 January 2012|title=PS on notice over social media use|first=Markus|last=Mannheim|date=18 January 2012|newspaper=The Canberra Times|publisher=Fairfax Media}}</ref>
The constitutionality of the code of conduct of the Act was challenged in 2019 in the High Court case Comcare v Banerji, which ruled unanimously that the code was compatible with Australia's freedom of political communication doctrine.<ref>{{Cite web|date=2019-08-07|title='A loss for all of us': Public servant loses landmark free speech High Court case |url=https://www.abc.net.au/news/2019-08-07/high-court-free-speech-public-service--banerji-decision/11377990|access-date=2020-08-28|website=www.abc.net.au|language=en-AU}}</ref>
== See also == * Comcare v Banerji
== References == {{reflist}}
Category:Law of Australia Category:Australian Public Service