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This section provides information on the legislation that provides the legal frameworks for decision-making for ADF members and APS employees, and the different ways that the powers are given to members and employees for day-to-day decision making. It is important to remember that decisions are made not only within a legal context, but within a values framework. The Defence Senior Leadership Group has committed to these Defence-wide values. § Professionalism § Loyalty § Integrity § Courage § Innovation § Teamwork These are known as the PLICIT Values and they apply to ADF members and APS employees. In addition, each single Service has its own values (see Appendix 5). APS employees are obliged to follow APS Values and the APS Code of Conduct which set ethical standards for employees (see Appendix 6). The PLICIT values do not replace or override the Single Service or APS Values. They are complementary and apply to everyone in Defence. |
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The CDF has the power to command the ADF under section 9 of the Defence Act. As there are many decisions made every day, the CDF uses delegation to devolve a range of powers, including powers to review decisions. However, most pay and conditions powers are devolved by the use of a system of authorisations. The people occupying the positions that have been given the powers are called authorised persons. Authorised persons may be either APS employees or ADF members, who use the CDF powers that have been devolved to make decisions necessary for the day-to-day administration of conditions of service for ADF members. Pay and conditions rules are called ‘determinations’ and are made under section 58B and 58H of the Defence Act. The Defence Act also gives the CDF the power to make Defence Instructions (General) (DI(G)) that are signed by both CDF and the Secretary under section 9A of that Act. Note that as well as applying to ADF personnel, DI(G)s also apply to APS employees where they are applicable or relevant to their duties or responsibilities. |
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The Secretary holds powers as an ‘Agency Head’ under the PS Act and its subordinate legislation, about engagement, movement, retirement/termination of APS employees; the promulgation of the APS Code of Conduct and values to guide the behaviour of employment-related decisions; and the right of review of actions on employment-related decisions. The Secretary also holds powers under the WR Act for developing, communicating, certifying and administering Defence agency agreements; unfair dismissal and dispute resolution options; and the negotiation and administration of AWAs. The Secretary holds powers under the DECA on remuneration and employment conditions. Pay and conditions rules for APS employees are generally under all of the above legislation and either in the DECA or AWAs. |
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As there are many decisions made every day, the Secretary has devolved many of these powers. Most APS employment decisions are devolved by the use of a system of delegations. The people occupying the positions that have been given the powers are called delegates. Delegates may be either APS employees or ADF members, who use the powers to make decisions necessary for the day-to-day administration of employment conditions for APS employees. |
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Some of the Secretary’s powers that are devolved are by authorisation, such as the powers relating to AWAs and to APS employees who are working overseas. |
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A list of ADF and APS framework documents is in Appendix 3. |