Commonwealth Consolidated Acts

PARLIAMENTARY SERVICE ACT 1999

TABLE OF PROVISIONS

           Long Title

   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