Commonwealth Numbered Acts

PUBLIC SERVICE ACTS AMENDMENT ACT 1982 No. 111, 1982 - SECT 6

6. (1) After section 9 of the Principal Act the following sections are
inserted in Part I: Creation, &c., of offices in Parliamentary Departments

''9A. (1) The President may, after obtaining a report from the Clerk of the
Senate-

   (a)  create an office in the Department of the Senate; or

   (b)  abolish an office in the Department of the Senate.

''(2) The Speaker may, after obtaining a report from the Clerk of the House of
Representatives-

   (a)  create an office in the Department of the House of Representatives; or

   (b)  abolish an office in the Department of the House of Representatives.

''(3) The President and the Speaker may, after obtaining a report from the
Parliamentary Librarian, the Principal Parliamentary Reporter or the Secretary
to the Joint House Department, as the case may be-

   (a)  create an office in the Department of the Parliamentary Library, the
        Department of the Parliamentary Reporting Staff or the Joint House
        Department, as the case may be; or

   (b)  abolish an office in the Department of the Parliamentary Library, the
        Department of the Parliamentary Reporting Staff or the Joint House
        Department, as the case may be.

''(4) The President may, after obtaining a report from the Clerk of the
Senate-

   (a)  raise or lower the classification of an office in the Department of
        the Senate; or

   (b)  alter the designation of an office in the Department of the Senate,
        other than the office of Clerk of the Senate.

''(5) The Speaker may, after obtaining a report from the Clerk of the House of
Representatives-

   (a)  raise or lower the classification of an office in the Department of
        the House of Representatives; or

   (b)  alter the designation of an office in the Department of the House of
        Representatives, other than the office of Clerk of the House of
        Representatives.

''(6) The President and the Speaker may, after obtaining a report from the
Parliamentary Librarian, the Principal Parliamentary Reporter or the Secretary
to the Joint House Department, as the case may be-

   (a)  raise or lower the classification of an office in the Department of
        the Parliamentary Library, the Department of the Parliamentary
        Reporting Staff or the Joint House Department, as the case may be; or

   (b)  alter the designation of an office in the Department of the
        Parliamentary Library, the Department of the Parliamentary Reporting
        Staff or the Joint House Department, as the case may be, other than
        the office of Parliamentary Librarian, Principal Parliamentary
        Reporter or Secretary to the Joint House Department.

''(7) Where the classification of an office in a Department referred to in
sub-section (4), (5) or (6) is altered, the office shall be deemed to be
vacant and the officer who occupied the office immediately before the
alteration becomes an unattached officer.

''(8) Where the President or the Speaker, or the President and the Speaker, as
the case may be, makes or make the same alteration of the classification of
all offices having the same designation and classification, the President or
the Speaker, or the President and the Speaker, as the case may be, may, by
notice published in the Gazette, direct that sub-section (7) shall not apply
and, in that case, that sub-section does not apply.

''(9) Where-

   (a)  the President or the Speaker, or the President and the Speaker, as the
        case may be, makes or make an alteration of the classification of an
        office in a case where there is no other office having the same
        designation and classification as that office; and

   (b)  the President or the Speaker, or the President and the Speaker, as the
        case may be, declares or declare, by notice published in the Gazette,
        that that alteration is related to an alteration in respect of which a
        notice is or has been published under sub-section (8), the President
        or the Speaker, or the President and the Speaker, as the case may be,
        may, in that first-mentioned notice, direct that sub-section (7) shall
        not apply in relation to that first-mentioned alteration and, in that
        case, that sub-section does not apply. Annual report to Parliament by
        Presiding Officers

''9B. (1) In this section-

   (a)  a reference to a Parliamentary Department shall be read as a reference
        to the Department of the Senate, the Department of the House of
        Representatives, the Department of the Parliamentary Library, the
        Department of the Parliamentary Reporting Staff or the Joint House
        Department;

   (b)  a reference to the relevant Presiding Officer or the relevant
        Presiding Officers, in relation to a Parliamentary Department, shall
        be read as a reference to-

        (i)    in the case of the Department of the Senate-the President;

        (ii)   in the case of the Department of the House of
               Representatives-the Speaker; and

        (iii)  in the case of each other Parliamentary Department-the
               President and the Speaker; and

   (c)  'officer of the Parliament' and 'employee of the Parliament' have the
        same meanings as those expressions have in section 9.

''(2) The person who is the relevant Presiding Officer, or the persons who are
the relevant Presiding Officers, in relation to a Parliamentary Department
shall, as soon as practicable after 30 June in each year, cause a report
concerning the operation of that Parliamentary Department during the year that
ended on that 30 June to be prepared and to be laid before-

   (a)  the Senate, in the case of a report concerning the Department of the
        Senate;

   (b)  the House of Representatives, in the case of a report concerning the
        Department of the House of Representatives; and

   (c)  each House of the Parliament, in the case of a report concerning any
        of the other Parliamentary Departments.

''(3) Nothing in this section shall be taken to affect any means by which a
member of a House of the Parliament might seek information from the President
or the Speaker, or the President and the Speaker, concerning any matter
related to the administration of a Parliamentary Department.''.

(2) If this section comes into operation on a date after 30 June in any year
and before the next following 1 January, the first report in relation to each
Parliamentary Department under section 9B of the Principal Act as amended by
this Act shall relate to the period commencing on the date of commencement of
this section and ending on 30 June next following that date and shall so
relate to that period as if that period were a year.

(3) If this section comes into operation on a date after 31 December in any
year and before the next following 1 July, the first report in relation to
each Parliamentary Department under section 9B of the Principal Act as amended
by this Act shall relate to the period commencing on the date of commencement
of this section and ending on 30 June second occurring after that date and
shall so relate to that period as if that period were a year.