Document ID: chunk:federal_register_of_legislation:C2013A00002:clause:1_41:p1
Version: federal_register_of_legislation:C2013A00002
Segment Type: clause
Provision Reference: sch 1 cl 41 (pt 1/2)
Character Range: 13583–16469

41  Commissioner's functions
 (1) The Commissioner has the following functions:
 (a) to strengthen the professionalism of the APS and facilitate continuous improvement in workforce management in the APS;
 (b) to uphold high standards of integrity and conduct in the APS;
 (c) to monitor, review and report on APS capabilities within and between Agencies to promote high standards of accountability, effectiveness and performance.
 (2) Without limiting subsection (1), the Commissioner's functions include the following:
 (a) to foster, and contribute to, leadership, high quality learning and development and career management in the APS;
 (b) to lead the thinking about, provide advice on and drive reforms to workforce management policies so that the APS is ready for future demands;
 (c) to develop, review and evaluate APS workforce management policies and practices and maintain appropriate databases;
 (d) to foster an APS workforce that reflects the diversity of the Australian population;
 (e) to promote the APS Values, the APS Employment Principles and the Code of Conduct;
 (f) to evaluate the extent to which Agencies incorporate and uphold the APS Values and the APS Employment Principles;
 (g) to partner with Secretaries in the stewardship of the APS;
 (h) to provide advice and assistance to Agencies on public service matters;
 (i) to work with other governments (including foreign governments) on matters relating to public sector workforce management, leadership and career management;
 (j) to review any matter relating to the APS;
 (k) to review any matter relating to the APS referred to the Commissioner by the Public Service Minister, and report on that matter to the Public Service Minister;
 (l) to evaluate the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct;
 (m) to inquire, in accordance with section 41A, into alleged breaches of the Code of Conduct by Agency Heads;
 (n) to inquire into and determine, in accordance with section 41B, whether an APS employee, or a former APS employee, has breached the Code of Conduct;
 (o) to inquire, subject to regulations made for the purposes of section 16, into whistleblower reports made to the Commissioner (or a person authorised by the Commissioner) as referred to in that section;
 (p) such other functions as are conferred on the Commissioner by this Act, the regulations or any other law;
 (q) such other functions as the Prime Minister, by legislative instrument, directs the Commissioner to perform;
 (r) to do anything incidental to or conducive to the performance of any of the Commissioner's functions.
Note: Neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to a direction given under paragraph (2)(q) (see sections 44 and 54 of that Act).

Reports may include recommendations
 (3) A report made by