FOI 3667 document set for release.pdf

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FOI 3667
Document 1

Senior Executive Service (Name)
Subsection 24(1) Determination 2024
I,  Steven  Kennedy,  acting  Secretary  to  the  Department  of  the  Treasury,  acting  under
subsection 24(1) of the Public Service Act 1999, make the following Determination.
Dated

Steven Kennedy
Secretary
Department of the Treasury





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Contents
1.
Citation and interpretation
1
2.
Application
1
3.
Commencement
1
4.
Period of operation
1
5.
Interaction with other industrial instruments
1
6.
Policies and guidelines
2
7.
Delegation
2
8.
Dispute resolution
2
9.
Employment in the Australian Public Service
3
10.
Security clearance
3
11.
Classification
3
12.
Ordinary hours of work
3
13.
Fitness for duty
4
14.
Personal information
4
15.
Remuneration
5
16.
Temporary higher duties
5
17.
Superannuation
6
18.
Minimum entitlements
6
19.
Tax and other deductions
6
20.
Preservation of entitlements
7
21.
Leave
7
22.
Public holidays
7
23.
Christmas closedown
7
24.
Benefits, allowances and reimbursements
8
25.
Termination of employment
8
26.
Confidential information
8

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Part A – Preliminary
1.
Citation and interpretation
1.1.
This Determination may be cited as Senior Executive Service (Name)
Subsection 24(1) Determination 2023.
1.2.
In this Determination:
1.2.1.
Treasury means the Department of the Treasury.
1.2.2.
Secretary means the Secretary to the Treasury.
2.
Application
2.1.
This Determination applies to Name – AGS Number (the employee) in
relation to their employment with Treasury.
3.
Commencement
3.1.
This Determination commences on the day that the employee’s promotion to
SES Band X takes effect. [For transfer or ongoing engagement, say “the day
the employee commences employment with Treasury”]
4.
Period of operation
4.1.
This Determination is in force until whichever of the following occurs first:
4.1.1.
it is replaced in its entirety by:
4.1.1.1.
another determination made under subsection 24(1) of
the Public Service Act 1999; or
4.1.1.2.
a written contract of employment between the Secretary
and the employee; or
4.1.2.
an enterprise agreement applies to the employee; or
4.1.3.
the employee's employment with Treasury ceases.
5.
Interaction with other industrial instruments
5.1.
For the avoidance of doubt, the Secretary may make other determinations
under subsection 24(1) of the Public Service Act 1999 that also apply to the
employee.
5.2.
Nothing in this Determination is intended to limit the Secretary's powers
under the Public Service Act 1999 and Public Service Regulations 1999.
5.3.
The salary for SES employees is provided in a determination made by the
Secretary under subsection 24(1) of the Public Service Act 1999 (the

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Remuneration Determination). The Remuneration Determination operates
in conjunction with this Determination, and may be revoked, varied or
replaced from time to time.
6.
Policies and guidelines
6.1.
The terms and conditions in this Determination will be administered in
accordance with relevant Treasury policies and guidelines to the extent that
the policies and guidelines relate to SES employees. The employee must
familiarise themselves, and comply, with all relevant policies and guidelines.
6.2.
Unless otherwise stated, policies and guidelines apply in the form they are in
at the time of any relevant action or decision. Policies and guidelines may be
issued or varied by Treasury from time to time.
6.3.
Policies and guidelines are not incorporated into, and do not form part of, this
Determination. This Determination overrides policies and guidelines to the
extent of any inconsistency.
7.
Delegation
7.1.
The Secretary may delegate any or all of their powers and functions under
this Determination (other than powers and functions that would be exercised
in relation to the employee), including this power of delegation, and may do
so subject to conditions.
8.
Dispute resolution
8.1.
If a dispute relates to a matter under this Determination, this clause sets out
the procedures to resolve the dispute.
8.2.
In the first instance, the parties to the dispute must try to resolve the dispute
at the workplace level by discussions between the employee and the relevant
manager.
8.3.
If discussions at the workplace level do not resolve the dispute, the parties to
the dispute will try to resolve the dispute through discussions with the
Secretary where appropriate, or through an alternative dispute resolution
process agreed by the parties.
8.4.
If the parties do not resolve the dispute following the processes described in
this clause, and no other process for resolution is agreed, either party may
refer the dispute to mediation. The mediator will be agreed by the parties or,
failing agreement, will be chosen by the Merit Protection Commissioner.
8.5.
Treasury or the employee who is a party to the dispute may appoint another
person, organisation or association to accompany or represent Treasury or the
employee for the purposes of this clause.
8.6.
This clause does not apply in respect of the termination of the employee’s
employment.

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Part B – Remuneration and other terms and conditions of
employment
9.
Employment in the Australian Public Service
9.1.
The employee is engaged with Treasury under the Public Service Act 1999
on behalf of the Commonwealth.
10.
Probation
10.1.
Under subsection 22(6) of the Public Service Act 1999, it is a condition of the
employee's engagement that they satisfactorily complete a probationary
period of six months from the commencement of their employment with
Treasury (the Probationary Period).
10.2.
During the Probationary Period either the employee or the Secretary may
terminate the employee's employment with one week's notice in writing (or
payment in lieu of notice).
10.3.
The terms of the employee's Probationary Period are set out in Treasury’s
probation policy and guidelines, as varied from time to time.
10.4.
The Secretary may extend the Probationary Period in exceptional
circumstances.
11.
Security clearance
11.1.
Under subsection 22(6) of the Public Service Act 1999, it is a condition of the
employee's engagement that they obtain and maintain an Australian
Government security clearance at the minimum level of [insert security
clearance level].
11.2.
If the Secretary requires a higher level of clearance, obtaining and
maintaining the clearance is also a condition of the employee’s employment.
11.3.
If the employee does not maintain an Australian Government security
clearance at the level required by this clause at all times, the Secretary may
terminate the employee's employment without notice or payment in lieu of
notice.
12.
Classification
12.1.
The employee’s classification at the commencement of this Determination is
SES Band X.
13.
Ordinary hours of work
13.1.
The employee’s ordinary hours of work are 38 hours per week.
13.2.
Unless otherwise agreed, the employee will perform their ordinary hours of
work during the bandwidth of 7.00 am to 7.00 pm, Monday to Friday.

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13.3.
The employee may be required to work reasonable additional hours as are
necessary to effectively fulfil the role and expectations of their position or as
required by the Secretary.
13.4.
The employee’s remuneration package recognises all hours worked,
including any reasonable additional hours. The employee is not entitled to
overtime payments, penalty rates or time off in lieu, unless expressly
provided for in this Determination.
14.
Fitness for duty
14.1.
In accordance with the APS Employment Principles, the Secretary requires
effective performance from each employee in Treasury. Accordingly, the
employee is required to:
14.1.1.  as a condition of employment under subsection 22(6) of the Public
Service Act 1999, satisfy all health clearances that are required by
the Secretary;
14.1.2.  attend for work, unless they are covered by an approved form of
leave;
14.1.3.  ensure that leave is taken for the reason for which it is granted; and
14.1.4.  cooperate with the Secretary in relation to the management of their
fitness for work, including by providing Treasury with information
regarding their fitness for work where it is relevant to decisions that
Treasury makes in relation to the employee's employment.
15.
Personal information
15.1.
The Secretary may, for any purpose relating to the employee's employment
with Treasury, or for the reasonable business requirements of Treasury:
15.1.1.  collect, from the employee or third parties, and use Personal
Information; and
15.1.2.  disclose Personal Information, including to the Australian Taxation
Office, another Commonwealth Agency, superannuation fund
trustees and administrators, insurers, medical or occupational
practitioners, financial and legal advisers, and law enforcement
bodies.
15.2.
Disclosure may include the disclosure of Personal Information to the
employee's supervisors or managers, where there is a genuine business need
for the supervisor or manager to be aware of the information.
15.3.
In this clause:
15.3.1.  Personal Information means personal information (including
sensitive information) as those terms are defined in the Privacy Act
1988 concerning the employee; and

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15.3.2.  Commonwealth Agency means a Department, Executive Agency or
Statutory Agency within the meaning of the Public Service Act
1999.
16.
Remuneration
16.1.
The employee's base salary is provided in the Remuneration Determination,
as amended from time to time.
16.2.
The employee’s full time equivalent annual base salary (gross) is $[insert
salary] (the Base Salary). If the employee is a part-time employee, their Base
Salary will be pro-rated based on their hours of work.
16.3.
The employee's Base Salary is payable in fortnightly instalments by
electronic funds transfer. The employee's first and last instalments will be
pro-rated if necessary.
16.4.
The Secretary may increase the employee's Base Salary by notice in writing.
16.5.
The Secretary may decrease the employee’s Base Salary by notice in writing:
16.5.1.  because of underperformance in accordance with Treasury’s SES
Talent, Performance and Development Framework within the
relevant salary band determined in the Remuneration Determination;
16.5.2.  because the employee's classification has been reduced; or
16.5.3.  as a sanction for breach of the APS Code of Conduct.
16.6.
If the Secretary decreases the employee’s Base Salary because of
underperformance or as a sanction for breach of the APS Code of Conduct,
the employee's Base Salary will not be less than the minimum salary within
the salary band applicable to the classification of the employee under the
Remuneration Determination.
16.7.
If the Secretary decreases the employee’s Base Salary because the
employee’s classification has been reduced, the employee’s Base Salary will
be not less than the minimum salary within the new salary band applicable to
the reduced classification of the employee under the Remuneration
Determination, an enterprise agreement that applies to the employee, or other
relevant instrument.
17.
Temporary higher duties
17.1.
Where the employee is directed by the Secretary to perform duties at a
classification higher than their substantive classification, the Secretary may
decide that the employee is entitled to a higher duties allowance. The amount
of higher duties allowance and the period for which the employee will
receive the allowance will be at the Secretary's discretion.

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18.
Superannuation
18.1.
Superannuation entitlements are provided in accordance with the relevant
legislation.
18.2.
Unless the employee is a member of a defined benefit scheme or hybrid
scheme (such as PSS and CSS), the rate of superannuation is:
18.2.1.  15.4 per cent of the employee’s fortnightly contribution salary for
superannuation funds administered by the Commonwealth
Superannuation Corporation, including where such funds are stapled
funds (as that term is defined in the Treasury Laws Amendment
(Your Future, Your Super) Act 2021);
18.2.2.  15.4 per cent of the employee's ordinary time earnings for all other
accumulation funds, including stapled funds that are not
administered by the Commonwealth Superannuation Corporation; or
18.2.3.  as otherwise required by law.
18.3.
The contribution rates for defined benefit schemes or hybrid schemes (such
as PSS and CSS) are determined by the Department of Finance and the
Commonwealth Superannuation Corporation. For further information,
employees should contact their superannuation fund directly.
19.
Minimum entitlements
19.1.
If at any time the employee is entitled to any payment or other benefit as a
consequence of their employment under legislation, an industrial instrument
or otherwise (including minimum wages, penalties, overtime, allowances and
loadings) (Minimum Entitlements):
19.1.1.  any Minimum Entitlements will be calculated at the applicable
minimum hourly rate under legislation or an applicable industrial
instrument;
19.1.2.  as far as possible, the employee's remuneration and other benefits
(including any discretionary benefits) satisfy the Minimum
Entitlements; and
19.1.3.  the employee's remuneration includes payment for all ordinary or
other hours the employee works including on public holidays and
substitute public holidays (whether worked or not).
20.
Tax and other deductions
20.1.
Treasury will deduct tax, and other amounts it is required to deduct, from all
payments to the employee as required by law.
20.2.
To the extent permitted by law, the employee authorises Treasury to deduct
any previous overpayments of remuneration or other amounts which the
employee owes to Treasury from their remuneration and amounts owing to

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them on termination of their employment. The employee acknowledges that
this is reasonable and is part of an arrangement which is principally for their
benefit.
21.
Preservation of entitlements
21.1.
For the purposes of all service-based entitlements, the employee's period of
service with Treasury will be determined by any relevant legislation.
22.
Leave
22.1.
In accordance with the applicable law and Treasury policies and guidelines,
the employee is entitled to:
22.1.1.  annual leave;
22.1.2.  long service leave;
22.1.3.  personal leave and carer's leave;
22.1.4.  compassionate and miscarriage leave;
22.1.5.  family and domestic violence leave; and
22.1.6.  parental leave (including maternity, adoption, permanent foster care
and supporting partner leave).
22.2.
The Secretary may approve leave for other purposes including leave granted
under Treasury’s policies and guidelines. If the Secretary approves leave for
other purposes, the Secretary must determine whether the leave should be
with or without pay and, subject to relevant legislation, whether the period of
leave will count as service.
22.3.
For requested personal leave, carer's leave and family and domestic violence
leave, the Secretary may require the employee to provide satisfactory
evidence confirming any illness or injury or unexpected emergency
(including, if relevant, a medical certificate or a statutory declaration).
22.4.
If the employee has an annual leave balance of more than 60 days, the
Secretary may direct the employee to take annual leave.
23.
Public holidays
23.1.
Subject to applicable law, the employee acknowledges that, as part of the
employee's role, the employee may be required to work on public holidays.
The employee acknowledges that this is reasonable and has been taken into
account in determining the employee's remuneration.
24.
Christmas closedown
24.1.
Subject to provision made in this Determination for public holidays, the
employee may be absent from duty with pay from the close of business on

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the last working day before Christmas Day until the first working day after
New Year’s Day without deduction from leave entitlements.
25.
Benefits, allowances and reimbursements
25.1.
The Secretary may determine that the employee is entitled to benefits,
allowances or reimbursements (including in relation to the termination of
employment) not otherwise provided for in this Determination.
26.
Termination of employment
26.1.
The employee may terminate their employment at any time by giving the
Secretary four weeks’ notice in writing.
26.2.
The Secretary may terminate the employee's employment at any time by
giving the employee four weeks’ notice in writing.
26.3.
The Secretary may, in their absolute discretion, elect to make a payment to
the employee in lieu of any period of notice, or the unexpired part of any
period of notice, given under this clause. The employee's employment
terminates on the date the Secretary notifies the employee that they have
elected to make the payment.
26.4.
This clause applies subject to any provision of the Fair Work Act 2009 which
may require the employee to be given a period of notice or payment in lieu of
notice that is greater than the period of notice or payment in lieu of notice
provided in this Determination.
26.5.
Nothing in this Determination prevents the Secretary from terminating the
employee’s employment for serious misconduct, without notice or a payment
in lieu of notice, subject to Treasury’s compliance with the procedures for
dealing with breaches of the APS Code of Conduct.
27.
Confidential information
27.1.
The employee acknowledges their responsibility to appropriately use, handle
and disclose information obtained or generated in connection with their APS
employment, as set out in the Public Service Act 1999, the Privacy Act 1988,
the Archives Act 1983, the Criminal Code Act 1995, and other relevant
legislation.
27.2.
The employee must keep confidential all Confidential Information other than
Confidential Information that:
27.2.1.  they are required to disclose in the course of their duties as an
employee of Treasury (including a disclosure to the Parliament or to
a Parliamentary Committee); or
27.2.2.  that they are required by law to disclose.
27.3.
The employee must immediately notify Treasury of any suspected or actual
unauthorised use, copying or disclosure of Confidential Information.

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27.4.
Without limiting Treasury’s rights, the employee must provide assistance
reasonably requested by Treasury in relation to any proceedings the
Commonwealth may take, or threaten to take, against any person for
unauthorised use, copying or disclosure of Confidential Information.
27.5.
In this clause:
27.5.1.  Confidential Information has the same meaning as ‘inherently
harmful information’ in Part 5.6 of the Criminal Code Act 1995, and
includes all security classified information.

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FOI 3667
Document 2

Secretary
Dr Steven Kennedy PSM
Name
Email: Enter email addess

Dear Title Last Name
OFFER OF ONGOING EMPLOYMENT UNDER SECTION 22 OF THE PUBLIC SERVICE
ACT 1999 – [INSERT ROLE TITLE]
I am delighted to offer you ongoing employment with the Treasury. Should you accept this offer,
you will be engaged to the position of Senior Executive Service Band [1/2/3], [insert role title],
commencing date.
Your formal employment conditions are contained in the attached determination made under
subsection 24(1) of the Public Service Act 1999. Your base salary on commencement will be
$[insert salary] per annum. An employer superannuation contribution will also be made, consistent
with the relevant superannuation legislation.
It is a condition of your employment that you obtain and maintain an Australian Government
security clearance.
To accept this offer, please complete and return the Acceptance of Offer of Ongoing Employment
attached to this letter. Any questions relating to your offer should be directed to [contact name], on
[phone number] or [email].
I would like to take this opportunity to personally congratulate you on this offer. I hope you find
your employment with Treasury to be enjoyable and rewarding.
Yours sincerely

Steven Kennedy

Date

Langton Crescent, PARKES ACT 2600 • Telephone: 61 2 6263 3738 • Facsimile: 61 2 6263 3360
Website: www.treasury.gov.au • ABN 92 802 414 793

ACCEPTANCE OF OFFER OF ONGOING EMPLOYMENT

In relation to this Offer of Ongoing Employment, I understand and agree that:
•
This engagement is made in accordance with paragraph 22(2)(a) of the Public Service
Act 1999 and is subject to meeting the conditions of engagement detailed in Part B of my
subsection 24(1) determination and those set out below.
•
I have not received a redundancy benefit from an APS agency, or from Parliamentary
Services employment, where the redundancy benefit period has not elapsed.
•
It is a condition of my employment that I obtain and maintain an Australian Government
security clearance.
•
I understand that holding a security clearance at the [insert level] level is an essential
qualification for performing my duties and that if I do not hold, cease to hold, or become
ineligible to hold the identified security clearance, my employment may be terminated.
•
My engagement will be subject to me demonstrating a satisfactory standard of conduct and
work performance during a six-month probation period, which is a condition applied to my
engagement under subsection 22(6) of the Public Service Act 1999. This probation period
may be extended in exceptional circumstances.
•
My engagement will take effect on [insert date], subject to my commencement of duty on that
date.
•
I have read the APS Code of Conduct, APS Values and Employment Principles (within the
Public Service Act 1999), and acknowledge my legal obligation to uphold them throughout
my employment in the APS.
I acknowledge that if a condition of my engagement, as detailed in this Offer of Ongoing
Employment, including the subsection 24(1) determination, is not met, or ceases to be met, my
employment may be terminated.
☐   I wish to ACCEPT this offer.
☐   I wish to DECLINE this offer.

____________________________________
_______________________________
Name

Dated

Please return the signed Acceptance of Offer of Ongoing Employment to
xxxxxxxxxxx@xxxxxxxx.xxx.xx.