PARLIAMENTARY ADMINISTRATION ACT 2005 - SECT 34 Transitional regulations

PARLIAMENTARY ADMINISTRATION ACT 2005 - SECT 34

    (1)     Until regulations in relation to review of actions and discipline are first made under this Act or the first anniversary of the commencement of this section (whichever first occurs), Parts 11 and 12 of the Public Sector Management Regulations 1993 (as in force on 28 May 1996 and with any necessary modifications) apply to Parliamentary officers (other than Department Heads) as if—

        (a)     regulations 25.2, 25.9, 25.10(d), 27, 30.3(b), 35 and 36 of those Regulations were omitted; and

        (b)     in regulation 30.3(c) of those Regulations after "staff member" there were inserted "(including a Department Head)";

        (c)     any reference in Parts 11 and 12 of those Regulations to—

              (i)     a Department Head were a reference to a Department Head under this Act; and

              (ii)     a Department were a reference to a Department under this Act; and

              (iii)     a staff member were a reference to a Parliamentary officer (other than a Department Head); and

              (iv)     the Act were a reference to this Act; and

              (v)     these Regulations were a reference to the regulations made under this Act;

        (d)     except in regulation 34.1(a)(iii), any reference in Parts 11 and 12 of those Regulations to the Public Service Commissioner were a reference to the relevant Presiding Officer in the case of any Parliamentary officer;

        (e)     any reference in regulations 41 and 42A of those Regulations to the public service were a reference to the Parliament;

        (f)     any reference in regulation 43 of those Regulations to the public service were a reference to an office of the Parliament.

    (2)     Until regulations for the purposes of section 27 are first made under this Act or the first anniversary of the commencement of this section (whichever first occurs), Part 3 of the Financial Management Regulations 2004 and the definitions of "incident", investigator and relevant incident in regulation 5 of those Regulations (with any necessary modifications) apply to Departments under this Act as if any reference in the applied provisions to—

        (a)     section 57 of the Act were a reference to section 27 of this Act; and

        (b)     an empowered officer were a reference to a Department Head; and

        (c)     a relevant employee, in relation to an investigation, were a reference to the Parliamentary officer in relation to whom the investigation is being or is proposed to be held; and

        (d)     those Regulations were a reference to the applied provisions; and

        (e)     a department were a reference to a Department under this Act; and

        (f)     an employee or an officer were a reference to a Parliamentary officer.