Document ID: chunk:federal_register_of_legislation:F2024C01251:reg:40:p1
Version: federal_register_of_legislation:F2024C01251
Segment Type: reg
Provision Reference: reg 40 (pt 1/2)
Character Range: 50067–52950

40  Gazettal of employment decisions

Decisions that must be notified
 (1) An Agency Head must notify the following employment decisions in the Public Service Gazette:
 (a) the promotion of an ongoing APS employee;
 (b) the promotion of an ongoing APS employee, following the decision of a Promotion Review Committee under subparagraph 33(2)(a)(ii) of the Regulations 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 Parliamentary Service employee as an ongoing APS employee at a higher classification than the person's current classification as a Parliamentary Service employee;
 (e) the termination of the employment of an ongoing APS 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 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 Agency Head 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 Agency Head decides that including the name is not necessary to ensure public confidence in the integrity of the APS.
 (5) If a notification does not include the employee's name and the Merit Protection Commissioner requests the Agency Head to provide the employee's name, the Agency Head 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 Agency Head must advise the Commissioner of the employee's name as soon as practicable after the notification is published.

Notification relating to a former ongoing Parliamentary Service employee
 (7) If an employment decision is made to engage a person at a higher classification than the person's current classification as a Parliamentary Service employee, the notification must include a statement to the following effect: "This engagement of an ongoing Parliamentary Service employee at a higher classification may be subject to review by a Promotion Review Committee in accordance with Part 4 of the Public