A significant proportion of officials have obligations under the Public Service Act 1999 (PS Act) Given the breadth of the relevant legislative provisions of the PS Act, if officials meet the requirements of the PS Act, they will as a result ordinarily meet their duties under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The table below detail how the general duties of officials under the PGPA Act and the relevant provisions of the APS code of conduct complement each other.
The Australian Public Service Commissioner has issued directions and associated guidance material about the responsibilities that apply to APS employees and office holders under the PS Act, particularly the APS Values and Code of Conduct. APS employees should read this guide on the general duties of officials in conjunction with the Commissioner's guidance on the APS Values and Code of Conduct, which is available on the APSC website.
| Duty | PGPA Act | PS Act | Complementary duties |
|---|---|---|---|
|
Care and diligence |
25 |
13(2) |
The PS Act requires an APS employee to act with care and diligence in connection with APS employment. The standard of care and diligence required would be that of a reasonable person undertaking the duties of the APS employee. |
|
Good faith, honestly, and proper purpose |
26 |
13(1) and 13(8) |
The PS Act requires an APS employee to behave honestly and with integrity and to use resources in a proper manner and for a proper purpose. |
|
Use of position |
27 |
13(10)(b) |
The PS Act prohibits an APS employee from making improper use of the employee's duties, status, power or authority in order to gain, or seek to gain, a benefit or advantage for himself or herself or for any other person or cause, or seek to cause, detriment to the agency, the Commonwealth or any other person. |
|
Use of information |
28 |
13(10)(a) |
The PS Act prohibits an APS employee from making improper use of inside information in order to gain, or seek to gain, a benefit or advantage for himself or herself or for any other person or cause, or seek to cause, detriment to the agency, the Commonwealth or any other person. It also requires APS employees not to disclose certain information without authority. |
|
Disclosure of interests |
29 |
13(7) |
The PS Act requires an APS employee to take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment and disclose details of any material personal interest in connection with APS employment. |
