Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:43
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 43
Character Range: 66214–69149

43  Gazettal of employment decisions

Decisions that must be notified
 (1) A Secretary must notify the following employment decisions in the Public Service Gazette:
 (a) the promotion of an ongoing Parliamentary Service employee;
 (b) the promotion of an ongoing Parliamentary Service employee, following the decision of a Promotion Review Committee under subparagraph 77(2)(a)(ii) that has not been notified under paragraph (a) of this subsection;
 (c) the engagement or promotion of a person made in accordance with an Independent Selection Advisory Committee recommendation;
 (d) the engagement of an ongoing APS employee as an ongoing Parliamentary Service employee at a higher classification than the person's current classification as an APS employee;
 (e) the termination of the employment of an ongoing Parliamentary Service employee on the ground mentioned in paragraph 29(3)(g) of the Act (breach of the Code of Conduct).

Time within which notification must be made
 (2) A decision must be notified in the Public Service Gazette within 3 months after the decision is made, unless the Parliamentary Service Commissioner agrees to a different arrangement.
 (3) For an employment decision to engage or promote a person that is made on the basis that the person is required to satisfy an eligibility requirement, the 3 month period mentioned in subsection (2) is taken to commence at the time the eligibility requirement is met.
Note: Examples of an eligibility requirement include a security or character clearance.

When a notification may exclude an employee's name
 (4) A notification must include the employee's name unless:
 (a) the Secretary decides that the name should not be included because of the person's work‑related or personal circumstances; or
 (b) if the notification is under paragraph (1)(e)—the Secretary decides that including the name is not necessary to ensure public confidence in the integrity of the Parliamentary Service.
 (5) If a notification does not include the employee's name and the Merit Protection Commissioner requests the Secretary to provide the employee's name, the Secretary must advise the Merit Protection Commissioner of the name of the employee as soon as practicable after the request is received.
 (6) If a notification does not include the employee's name, the Secretary must advise the Parliamentary Service Commissioner of the employee's name as soon as practicable after the notification is published.

Notification relating to a former ongoing APS employee
 (7) If an employment decision is made to engage a person at a higher classification than the person's current classification as an APS employee, the notification must include a statement to the following effect: "This engagement of an ongoing APS employee at a higher classification may be subject to review by a Promotion Review Committee in accordance with Part 7 of the Parliamentary Service Determination 2024".