This bill became law on Aug 26th, 2024.
Government & democracy
The Australian Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page. can now investigate and decide whether current or former agency heads broke the public service Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. while they held the job.
RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt.-related misconduct inquiries exposed that the Public Service ActThe main law being changed here. It sets the rules for APS employees and agency heads, including conduct standards and investigation powers. was unclear about whether former agency heads could be investigated and found to have breached the Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads.. The bill removes that doubt, lets existing reviews continue, and requires public rules for these investigations.
The Public Service Act 1999The main law being changed here. It sets the rules for APS employees and agency heads, including conduct standards and investigation powers. already imposed a Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. on agency heads, but after RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt.-related misconduct reviews began in the wake of the Royal CommissionThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt., it became clear the law did not clearly say whether former agency heads could be investigated and formally found to have breached it. The bill was introduced in August 2024 to remove that doubt, keep existing reviews alive without restarting them, and require public investigation procedures, and it became law later that month so those inquiries could continue with clearer authority.
The main criticism was not about the bill's goal, but about limited explanation of how its retrospective operation would work and why the start date was set where it was. Coalition speakers still backed the bill in the House, but said they wanted a fuller briefing and clearer answers about who was covered and why earlier conduct was excluded.
Bill Shorten MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 26 Aug 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
12 days
From introduction to the latest recorded parliamentary step
Meaning
The Australian Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page. can now investigate and decide whether current or former agency heads broke the public service Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. while they held the job.
The Australian Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page. must set written rules for these misconduct investigations, and those rules must be available to the public.
Former agency heads can be investigated under these changes even if the alleged conduct happened before the law started.
Recent misconduct reviews of current or former agency heads are automatically carried over as formal investigations, so they can keep going without being restarted.
People keep any existing rights they had to fair treatment if an earlier misconduct investigation or review was not handled with proper procedural fairnessThe right to a fair process before a decision is made. The bill says existing fairness rights are not removed for earlier investigations or reviews..
These amendments will now make clear the Commissioner can conduct inquiries and make determinations, with respect to alleged breaches of the Code of Conduct by current and former Agency Heads. It is proper that a process exists to assess whether an Agency Head has operated in accordance with that Code of Conduct, and that such a process can occur with certainty whether or not the Agency Head remains in their role. These amendments meet the Parliament and the public’s expectations regarding the accountability of our most senior officials.Public Service Amendment Bill (No. 2) 2024 explanatory memorandum
(1C) The Commissioner must ensure that the procedures established under subsection (1A) are made publicly available.Public Service Amendment Bill (No. 2) 2024 as-passed bill text
(1) Subject to subitems (3) and (4), the amendments of the Public Service Act 1999 made by this Schedule apply in relation to a breach, or an alleged breach, of the Code of Conduct by a former Agency Head, whether the conduct by the former Agency Head giving rise to the breach, or alleged breach, occurred before, on or after the commencement day.Public Service Amendment Bill (No. 2) 2024 as-passed bill text
(4) On and after commencement, a Code of Conduct review is, by force of this subitem, continued as an inquiry under paragraph 41(2)(m) of the Public Service Act.Public Service Amendment Bill (No. 2) 2024 as-passed bill text
These amendments will also not affect any rights to procedural fairness that a person has or had in relation to steps taken by the Commissioner before the commencement of the Bill.Public Service Amendment Bill (No. 2) 2024 explanatory memorandum
Context
The Public Service Act 1999The main law being changed here. It sets the rules for APS employees and agency heads, including conduct standards and investigation powers. already imposed a Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. on agency heads, but after RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt.-related misconduct reviews began in the wake of the Royal CommissionThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt., it became clear the law did not clearly say whether former agency heads could be investigated and formally found to have breached it. The bill was introduced in August 2024 to remove that doubt, keep existing reviews alive without restarting them, and require public investigation procedures, and it became law later that month so those inquiries could continue with clearer authority.
Public Service ActThe main law being changed here. It sets the rules for APS employees and agency heads, including conduct standards and investigation powers. sets the APSThe federal public service covered by the Public Service Act and the Code of Conduct discussed on this page. Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads.
The Act established the Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. for APSThe federal public service covered by the Public Service Act and the Code of Conduct discussed on this page. employees and agency heads, but did not expressly spell out how the CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page. could determine breaches by former agency heads.
Public Service Amendment Bill (No. 2) 2024 explanatory memorandum ↗RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt. conduct reviews expose a gap for former agency heads
As RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt.-related inquiries and reviews of current and former officials got underway, claims emerged that the Public Service ActThe main law being changed here. It sets the rules for APS employees and agency heads, including conduct standards and investigation powers. was unclear about investigating and determining alleged Code breaches by former agency heads.
Public Service Amendment Bill (No. 2) 2024 explanatory memorandum ↗Government introduces the bill to clarify the CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page.'s powers
The government said the amendments were needed urgently to confirm the APS CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page.'s authority over current and former agency heads and to let existing RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt.-related reviews continue without duplication.
Minister's second reading speech ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for existing reviews started after 7 July 2023 to continue automatically as formal inquiries under the clarified law.
Parliamentary timeline ↗Royal Assent lets the clarified investigation regime take effect
Royal Assent turned the bill into law, allowing the CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page. to proceed against former agency heads for past conduct and requiring written public procedures for those investigations.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal Assent, turning the bill into an Act.
Key criticism
The main criticism was not about the bill's goal, but about limited explanation of how its retrospective operation would work and why the start date was set where it was. Coalition speakers still backed the bill in the House, but said they wanted a fuller briefing and clearer answers about who was covered and why earlier conduct was excluded.
No party represented in the debate opposed the bill, and criticism stayed narrow and conditional.
Unclear retrospective scope
Coalition speakers questioned why the bill's retrospective reach started on 7 July 2023 and wanted clearer justification for why alleged misconduct before that date would not be covered. The concern was about drafting and coverage gaps rather than the aim of holding agency heads accountable.
Need for fuller briefing and detail
The opposition said it broadly supported the bill but criticised the government for not providing enough briefing or detail before debate. It said its support was conditional on getting satisfactory explanations, especially about how the new powers would operate.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Shorten supports the bill, saying it clarifies the Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page.'s power to investigate and determine code of conductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. breaches by current and former agency heads.
Read in Hansard ↗James Stevens says the opposition will not stand in the way of the bill and will allow it to pass the House, because it broadly supports giving the Public Service Commission clearer powers over code of conductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. inquiries.
Read in Hansard ↗Watt supports the bill, saying it removes ambiguity in the Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page.'s powers and ensures current and former Agency Heads can be held accountable for Code of ConductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. breaches, including conduct linked to RobodebtThe public inquiry that exposed the need to clarify whether former agency heads could still be investigated over conduct linked to Robodebt..
Read in Hansard ↗Violi says the coalition will support the bill because it strengthens integrity and accountability in the Public Service, but he criticises the lack of a briefing and questions why the retrospective start date was set at 7 July 2023.
Read in Hansard ↗All speeches by bloc
2 speakers · 3 contributions · 2 support
“This Bill will amend the Act to explicitly provide that the APS Commissioner has the power to inquire into and determine whether current and former Agency Heads have breached the Code of Conduct.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Bill Shorten on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Shorten supports the bill, saying it clarifies the Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page.'s power to investigate and determine code of conductThe behaviour rules that APS employees and agency heads must follow. The bill lets the Commissioner investigate alleged breaches of these rules by current and former agency heads. breaches by current and former agency heads. He argues the change is needed to remove ambiguity and ensure senior officials remain accountable even after they leave office.
“This bill will amend the act to explicitly provide that the APS Commissioner has the power to inquire into and determine whether current and former agency heads have breached the code of conduct.”Read this contribution in Hansard ↗
Second reading speech
Shorten supports the bill, saying it will clarify the Public Service CommissionerThe official who can investigate whether senior public servants broke the Code of Conduct and decide the outcome of those investigations on this page.’s power to investigate former agency heads and help conclude current inquiries quickly. He argues the change removes ambiguity and strengthens accountability at the top of the public service.
“This bill will clarify the commissioner's power to investigate and make findings against former agency heads. This will allow the commissioner to conclude current inquiries quickly and undertake further inquiries on a clear, level footing.”Read this contribution in Hansard ↗
2 speakers · 2 support
“With that, I commend the bill to the House.”Read the full speech in Hansard ↗
“We're looking to understand the importance of integrity. We do need to make sure that this goes through and that the Public Service is held to a high standard. That is something that is very important. As the member for Sturt opposite said, we weren't able to get a full briefing on this bill, so it is important that we get this briefing to understand the details of what happens, because the act does not currently clarify whether such inquiries can be conducted on individuals who are no longer agency heads. This causes uncertainty within the act.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal Assent, turning the bill into an Act.
