Parliamentary Service Classification Rules 2000/1 (Cth)

Parliamentary Service Classification Rules 2000/1

We, MARGARET REID, President of the Senate, and

NEIL ANDREW, Speaker of the House of Representatives, make the following Classification Rules under section 23 of the Parliamentary Service Act 1999.

Dated 29 November 2000.

MARGARET REIDNEIL ANDREW

Parliamentary Service Classification Rules 2000/1

made under the

Parliamentary Service Act 1999

Contents

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1Name of Rules

These Rules are the Parliamentary Service Classification Rules 2000 /1.

2Commencement

These Rules commence on the day they are notified in the Gazette.

3Definitions – the dictionary

1. (1)

   The dictionary at the end of these Rules defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in these Rules (signpost definitions).

2. (2)

   The dictionary includes certain words and expressions relevant to these Rules that are defined in the Parliamentary Service Act 1999.

Note These definitions are indicated by an asterisk (*) and have been included for information only to assist readers of the rules. Minor changes from the Act definitions are indicated by square brackets ([ ]).

1. (3)

   A definition in these Rules applies to each use of the word or expression in these Rules, unless the contrary intention appears.

4Approved classifications

For the purposes of these Rules, a classification is an approved classification if it is:

1. (a)

   a classification under an award as in force from time to time; or

2. (b)

   a classification mentioned in column 2 of Schedule 1; or

3. (c)

   a training classification mentioned in column 2 of Schedule 2.

Note Subsection 23 (2) of the Act provides that the Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of an award, as in force at a particular time or as in force from time to time.

5Classification of Parliamentary Service employees

1. (1)

   A Secretary must allocate an approved classification to each Parliamentary Service employee in the Department.

(2) The classification must be based on the group of duties that are determined by the Secretary to be the duties to be performed by the employee in the Department (other than duties temporarily assigned to the employee).

(3) Subrule (1) does not require the allocation to a Parliamentary Service employee of an approved classification where:

(a) the employee:

(i) became a Parliamentary Service employee under section 76 of the Act with a classification; or

(ii) was a Parliamentary Service employee after the commencement of the Act and before the commencement of these Rules was allocated a classification; and

(b) the classification is an approved classification.

(4) A Parliamentary Service employee who need not be allocated a classification because of subrule (3), has, on the commencement of these Rules, the employee's classification immediately before the commencement of these Rules.

Note Section 76 of the Act translates officers and employees under the Public Service Act 1922 in a Department into employees under the Parliamentary Service Act 1999 with classifications respectively corresponding to their classifications under the 1922 Act. Each existing classification as of 5 December 1999 has been preserved by Parliamentary Service (Consequential and Transitional) Determination 1999/3, pending the making of these Rules.

6Classification of SES employees

For section 34 of the Act, a Parliamentary Service employee is classified as an SES employee if the employee’s classification is any of the following approved classifications:

(a) Senior Executive Service Band 1;

(b) Senior Executive Service (Specialist) Band 1;

(c) Senior Executive Service Band 2;

(d) Senior Executive Service (Specialist) Band 2

(e) Senior Executive Service Band 3; and

(f) Senior Executive Service (Specialist) Band 3.

7Classification of duties

1. (1)

   A Secretary must allocate an approved classification to each group of duties to be performed in the Department.

2. (2)

   The classification must be the appropriate classification based on the work value requirements of the group of duties.

3. (3)

   If a training classification is allocated to the group of duties, the Secretary must ensure that the duties include a requirement to undergo training.

4. (4)

   If the group of duties involves work value requirements applying to more than one classification, the Secretary may allocate more than one classification (a broadband) to the group of duties.

5. (5)

   However, subrule (4) does not apply to a group of duties to be performed by an SES employee.

8Work level standards

1. (1)

   A Secretary must issue, in writing, work level standards describing the work requirements for each classification applying to a group of duties to be performed in the Department.

(2) Work level standards for a classification must reflect the work value requirements for the classification.

9Employees in training classifications

1. (1)

   Where:

   (a) an ongoing Parliamentary Service employee is engaged at a training classification mentioned in Column 2 of Schedule 2; and

   (b) the employee finishes each training requirement for the classification;

the Secretary must allocate to the employee a classification mentioned in column 3 of Schedule 2, opposite to the training classification.

(2) Where, in accordance with subclause 4.2(7) of Parliamentary Service Determination 2000/5:

(a) a non-ongoing Parliamentary Service employee is engaged on the basis of merit at a training classification mentioned in column 2 of Schedule 2; and

(b) the employee finishes each training requirement for the classification; and

(c) the Secretary offers the employee engagement as an ongoing Parliamentary Service employee to perform duties related to the employee's training;

the Secretary must allocate to the employee a classification mentioned in column 3 of Schedule 2, opposite to the training classification.

10Reduction of classification of Parliamentary Service employee

For the purposes of subsection 23 (4) of the Act, the classification of a Parliamentary Service employee is reduced if the Secretary allocates to the employee a classification that is in a lower classification group than the employee’s classification before the reduction.

11Delegation

1. (1)

   A Secretary may, in writing, delegate to a person any of the Secretary’s powers or functions under these Rules (other than this rule).

2. (2)

   However, a Secretary cannot delegate powers or functions to an outsider without the prior written consent of the Commissioner.

3. (3)

   An SES Employee or acting SES Employee (the first delegate) to whom powers or functions are delegated under subrule (1) may, in writing, delegate any of the powers or functions to another person (the second delegate).

4. (4)

   However, if the first delegate is subject to directions about the exercise of a power or function delegated under subrule (3), the first delegate must give corresponding directions to the second delegate.

5. (5)

   A power or function that is exercised or performed by a person under a delegation under subrule (3) is taken, for the purposes of these Rules, to have been exercised or performed by the person who originally delegated the corresponding power or function under subrule (1).

6. (6)

   A person exercising powers or functions under a delegation under this rule must comply with any directions of the Secretary who delegated the power or function.

7. (7)

   For subrule (2):

outsider means a person other than:

1. (a)

   a Parliamentary Service employee; or

2. (b)

   a person appointed to an office by the Presiding Officers.

Schedule 1Approved classifications

(rule 4)

Column 1

Parliamentary Service Group

Column 2

Classification

Group 1

APS 1

Australian Parliamentary Service Level 1

Parliamentary Security Service Level 1

Parliamentary Service Level 1

Parliamentary Officer Class 1

Group 2

APS 2

Australian Parliamentary Service Level 2

Broadcast Service Officer Class 1

Parliamentary Security Service Level 2

Parliamentary Service Level 2

Parliamentary Officer Class 2

Technical Officer Level 1

Group 3

APS 3

Australian Parliamentary Service Level 3

Parliamentary Security Service Level 3

Parliamentary Service Level 3

Parliamentary Officer Class 3

Technical Officer Level 2

Group 4

APS 4

Australian Parliamentary Service Level 4

Broadcast Service Officer Class 2

Information Technology Officer Class 1

Parliamentary Service Level 4

Parliamentary Officer Class 4

Group 5

APS 5

Australian Parliamentary Service Level 5

Broadcast Service Officer Class 3

Editor I

Editor II

Junior Editor

Parliamentary Service Level 5

Parliamentary Officer Class 5

Technical Officer Level 3

Group 6

APS 6

Australian Parliamentary Service Level 6

Broadcast Service Officer Class 4

Editor III

Editor IV

Information Technology Officer Class 2

Parliamentary Service Level 6

Parliamentary Officer Class 6

Professional Officer Class 2

Reporter Grade 2

Technical Officer Class 4

Group 7

Executive Band 1

Information Technology Officer Class 3

Information Technology Officer Class 4

Parliamentary Executive Level 1

Senior Editor

Senior Information Technology Officer Grade C

Senior Officer Grade C

Senior Officer (Technical) Grade C

Senior Professional Officer Grade C

Group 8

Executive Band 2

Parliamentary Executive Level 2

Principal Editor

Senior Information Technology Officer Grade A

Senior Information Technology Officer Grade B

Senior Officer Grade A

Senior Officer Grade B

Senior Professional Officer Grade A

Senior Professional Officer Grade B

Group 9

Senior Executive Service Band 1

Senior Executive Service (Specialist) Band 1

Group 10

Senior Executive Service Band 2

Senior Executive Service (Specialist) Band 2

Group 11

Senior Executive Service Band 3

Senior Executive Service (Specialist) Band 3

Schedule 2Training classifications

(rules 4 and 9)

Column 1		Column 2	Column 3
Item 1	Apprentice		APS 2

Dictionary

(clause 3)

Note Words and expressions defined in the Parliamentary Service Act 1999 are indicated by an asterisk (*) (see subclause 3 (2)). Minor changes from the Act are indicated by square brackets ([ ]). Except where otherwise indicated, the definitions are found in section 7 of the Act.

Actmeans the Parliamentary Service Act 1999.

approved classification see rule 4.

*award has the same meaning as in the Workplace Relations Act 1996.

classification includes a training classification.

classification group means a group of classifications mentioned in column 1 of Schedule 1.

*Commissioner means the Commissioner appointed under the Act.

*Department meansa Department of the Parliament that is established under [the] Act.

*Parliamentary Service means the Parliamentary Service established by section 9 [of the Act].

*Parliamentary Service employeemeans a person engaged under section 22 [of the Act].

*Secretary means the Secretary of a Department and includes the Clerk of the Senate and the Clerk of the House of Representatives.

*SES employee has the meaning given by section 34 [of the Act].

Note

1. Made by the Presiding Officers on 29 November 2000, and notified in the Commonwealth of Australia Gazette on 13 December 2000.