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PARLIAMENTARY SERVICE ACT 1999

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Objects of this Act  
  • 4 This Act binds the Crown  
  • 5 This Act extends to things outside Australia  
  • 6 Engagement of employees in a Department  

PART 2--INTERPRETATION

  • 7 Interpretation  
  • 8 Relationship with Fair Work Acts  

PART 3--THE--AUSTRALIAN PARLIAMENTARY SERVICE

  • 9 Constitution and role of the Australian Parliamentary Service  
  • 10 Parliamentary Service Values  
  • 10A Parliamentary Service Employment Principles  
  • 11 Commissioner may give advice to Presiding Officers about Parliamentary Service Values  
  • 11A Determinations by Presiding Officers about Parliamentary Service Values  
  • 11B Commissioner may give advice to Presiding Officers about employment matters  
  • 11C Determinations by Presiding Officers about employment matters  
  • 12 Secretaries must promote Parliamentary Service Values and Parliamentary Service Employment Principles  
  • 13 The Parliamentary Service Code of Conduct  
  • 14 Secretaries and statutory office holders bound by Code of Conduct  
  • 15 Breaches of the Code of Conduct  
  • 18 Promotion of employment equity  
  • 19 Restrictions on directions to Clerks  

PART 4--PARLIAMENTARY--SERVICE EMPLOYEES AND THE PARLIAMENTARY LIBRARIAN

Division 1--Parliamentary Service employees generally

  • 20 General directions to Secretaries  
  • 21 Employer powers etc. of Secretary  
  • 22 Engagement of Parliamentary Service employees  
  • 23 Classification Rules  
  • 24 Terms and conditions of employment  
  • 25 Assignment of duties  
  • 26 Mobility between Parliamentary Service and Public Service  
  • 26A Rights of ongoing employees when engaged as non - ongoing employees of the other service  
  • 27 Compulsory moves between Parliamentary Departments and between the Parliamentary Service and the Australian Public Service  
  • 28 Suspension  
  • 29 Termination of employment  
  • 30 Retirement  
  • 31 Forfeiture of additional remuneration  
  • 32 Right of return for election candidates  
  • 33 Review of actions  

Division 2--The Senior Executive Service

  • 34 SES employees  
  • 35 Constitution and role of SES  
  • 37 Incentive to retire  
  • 38 Commissioner's certificate required for termination of SES employment  

Division 3--Parliamentary Librarian

  • 38A Parliamentary Librarian  
  • 38B Functions of Parliamentary Librarian  
  • 38C Appointment of Parliamentary Librarian  
  • 38D Termination of appointment of Parliamentary Librarian  
  • 38E Terms and conditions of appointment  
  • 38F Acting Parliamentary Librarian  
  • 38G Resources for the Parliamentary Librarian  
  • 38H Reporting to Library Committee  
  • 38I Copyright  

PART 5--THE--PARLIAMENTARY SERVICE COMMISSIONER

Division 1--Commissioner's functions etc.

  • 39 Parliamentary Service Commissioner  
  • 40 Commissioner's functions  
  • 41 Commissioner's inquiry powers  
  • 42 Annual report  

Division 2--Commissioner's appointment, conditions etc.

  • 43 Appointment of Commissioner  
  • 44 Terms and conditions of appointment  
  • 45 Removal from office  
  • 46 Acting Commissioner  

PART 6--THE--PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER

Division 1--Merit Protection Commissioner's functions etc.

  • 47 Parliamentary Service Merit Protection Commissioner  
  • 48 Merit Protection Commissioner's functions  
  • 48A Inquiry into alleged breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee  
  • 49 Annual report  

Division 2--Merit Protection Commissioner's appointment, conditions etc.

  • 50 Appointment of Merit Protection Commissioner  
  • 51 Terms and conditions of appointment  
  • 52 Removal from office  
  • 53 Acting Merit Protection Commissioner  

PART 7--DEPARTMENTS--AND SECRETARIES

Division 1--Departments other than the Parliamentary Budget Office

  • 53A Interpretation  
  • 54 Departments  
  • 54A Change of name of Department  
  • 54B Abolition of Department  
  • 55 Offices of Clerk of the Senate and Clerk of the House of Representatives  
  • 56 Office of Secretary of a Department  
  • 57 Roles and responsibilities of Secretaries  
  • 58 Appointment of Clerk of the Senate and Clerk of the House of Representatives  
  • 59 Appointment of Secretary of a Department  
  • 60 Termination of appointment of Clerk of the Senate or Clerk of the House of Representatives  
  • 61 Termination of appointment of Secretary of a Department  
  • 62 Suspension of Clerk of the Senate or Clerk of the House of Representatives  
  • 63 Terms and conditions of appointment  
  • 64 Acting Secretary  
  • 64AA Money payable to Department  

Division 2--Parliamentary Budget Office

Subdivision A--Establishment, functions etc.
  • 64A Department of the Parliamentary Budget Office  
  • 64B Purpose of Parliamentary Budget Office  
  • 64C Parliamentary Budget Officer  
  • 64D Appropriation of Consolidated Revenue Fund  
  • 64E Functions of Parliamentary Budget Officer  
  • 64F Arrangements for obtaining information from Commonwealth bodies  
  • 64G Approaches etc. to be used in preparing policy costings  
  • 64H Requests for costing of policies outside caretaker period  
  • 64J Requests for costing of policies during caretaker period  
  • 64K Caretaker period policy costing requests--interaction with the Charter of Budget Honesty Act 1998  
  • 64KA Caretaker period policy costing requests--information - gathering  
  • 64L Caretaker period policy costing requests made before polling day--public release of requests and costings  
  • 64LA Caretaker period policy costing requests made on or after polling day--public release of requests and costings  
  • 64M Requests relating to the budget (other than requests for policy costings)  
  • 64MA Post - election report of election commitments  
  • 64MAA Requirements for post - election report of election commitments  
  • 64MB Post - election report of election commitments--information - gathering  
  • 64MC Post - election report of election commitments--public release  
  • 64N Responsibility for managing Parliamentary Budget Office  
  • 64P Restrictions on directions to Parliamentary Budget Officer  
  • 64Q Annual work plan for Parliamentary Budget Office  
  • 64R Joint Committee of Public Accounts and Audit may request draft estimates  
  • 64S Duties of Joint Committee of Public Accounts and Audit  
  • 64T Review of operations of Parliamentary Budget Office  
  • 64U Public release of policy costings etc.  
  • 64V Confidentiality  
    • Subdivision B--Parliamentary Budget Officer's appointment, conditions etc.
  • 64X Appointment of Parliamentary Budget Officer  
  • 64XA Approval of proposed appointment by Joint Committee of Public Accounts and Audit  
  • 64XB Remuneration of Parliamentary Budget Officer  
  • 64XC Leave of absence  
  • 64XD Resignation  
  • 64XE Removal from office  
  • 64XF Acting appointments  

Division 3--Annual report

  • 65 Annual report  

PART 7A--PROTECTION--OF INFORMATION

  • 65AA Protection of information--Commissioner's functions etc.  
  • 65AB Protection of information--Merit Protection Commissioner's functions etc.  
  • 65AC Giving information or producing documents to Commissioner not admissible in evidence etc.  
  • 65AD Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc.  
  • 65AE Release of personal information  

PART 8--MISCELLANEOUS

  • 65A Security Management Board  
  • 66 Payments in special circumstances  
  • 67 Attachment of salaries to satisfy judgment debts  
  • 68A Departments and office holders not prescribed authorities for Freedom of Information Act purposes  
  • 69 Positions  
  • 70 Delegations  
  • 70A Immunity from civil proceedings  
  • 71 Determinations  

PART 9--TRANSITIONAL--PROVISIONS

  • 72 Interpretation  
  • 73 Operation of Part  
  • 74 Continuation of existing Departments  
  • 75 Current heads of Parliamentary Departments to continue in office  
  • 76 Conversion of officers and employees  
  • 77 Rights under Part IV of the old Act--first - tier persons  
  • 78 Rights under Part IV of the old Act--second - tier persons  
  • 79 Determinations under the old Act  
  • 80 Misconduct  
  • 81 References to Agency, Agency Head, former Parliamentary Departments and Secretaries  
  • 82 References in statutory instruments to "officer" etc.  
  • 83 Determinations  
  • 84 Certain Acts continue to apply to Departments established and people appointed or engaged under this Act  

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