Parliamentary Service Determination 2013 (Cth)
Parliamentary Service Determination 2013
made under the
Parliamentary Service Act 1999
Compilation No. 4
Compilation start date: 14 October 2017
Includes amendments up to: Parliamentary Service Amendment (Managing Recruitment Activity and Other Measures) Determination 2017
About this compilation
This compilation
This is a compilation of the Parliamentary Service Determination 2013 that shows the text of the law as amended and in force on 14 October 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing Provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1 Name of determination............................................................................................................. 1
3 Authority.................................................................................................................................. 1
4 Dictionary................................................................................................................................. 1
Part 2—Parliamentary Service Values 2
6 Parliamentary Service Value 1—Committed to Service............................................................ 2
7 Parliamentary Service Value 2—Ethical................................................................................... 2
8 Parliamentary Service Value 3—Respectful............................................................................. 2
9 Parliamentary Service Value 4—Accountable.......................................................................... 3
10 Parliamentary Service Value 5—Impartial.............................................................................. 3
Part 3—Parliamentary Service employment 4
Division 1—Preliminary 4
11 Definitions.............................................................................................................................. 4
12 Meaning of vacancy............................................................................................................... 4
13 Meaning of similar vacancy.................................................................................................... 4
13A Meaning of Senior Executive Service (SES) vacancy........................................................... 4
14 Meaning of work‑related qualities......................................................................................... 5
Division 2—Engagement of non‑ongoing employees 6
15 Engagement of SES employee for specified term................................................................... 6
16 Engagement on non‑ongoing basis......................................................................................... 6
Division 3—Merit in engagement and promotion 8
Subdivision 1—Merit‑based decision‑making: standard provisions 8
17 Purpose of Subdivision.......................................................................................................... 8
18 How a Secretary upholds the principle of merit‑based decision‑making................................ 8
19 Merit‑based selection process for engagement or promotion.................................................. 8
20 Notification of vacancy in Public Service Gazette.................................................................. 9
21 Additional requirements for SES engagement or promotion decisions................................. 10
Subdivision 2—Merit‑based decision‑making: exceptions to standard provisions 10
22 Purpose of Subdivision........................................................................................................ 10
23 Engagement on a short‑term, irregular or intermittent basis.................................................. 10
24 Engagement of non‑ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances 11
25 Engagement of ongoing Parliamentary Service employee as non‑ongoing Parliamentary Service employee 12
26 Affirmative measure—Indigenous employment................................................................... 12
27 Affirmative measure—disability........................................................................................... 12
29 Engagement of person from State or Territory jurisdiction................................................... 13
30 Re‑engagement of election candidates.................................................................................. 13
31 Promotion on completion of appointment to statutory office................................................ 14
32 Engagement of an ongoing APS employee as an ongoing Parliamentary Service employee 15
33 Re‑engagement of a former Parliamentary Service employee............................................... 15
Division 4—Assignment of duties and movement between Departments 16
35A Moves between Departments not associated with promotion............................................ 16
35B Moves between Departments on promotion...................................................................... 17
35C Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct 17
Division 5—Notification of employment decisions 19
38 Purpose of Division............................................................................................................. 19
39 Gazettal of employment decisions....................................................................................... 19
40 Gazettalwhen decisions previously notified are cancelled.................................................... 20
41 When promotion decisions take effect.................................................................................. 20
Division 6—Employer powers of Secretaries 23
42 Definition............................................................................................................................. 23
43 Condition of engagement—health clearance......................................................................... 23
44 Direction to attend medical examination............................................................................... 23
45 Workforce participation schemes.......................................................................................... 24
45A Suspension from duties..................................................................................................... 24
Part 5—Performance management 25
51 Achieving effective performance.......................................................................................... 25
52 Managing performance in cases of a potential breach of the Code of Conduct..................... 25
Part 7—Code of Conduct 26
54 Allegations of breach of Code of Conduct by Secretary or statutory office holder............... 26
56 Duty not to disclose information.......................................................................................... 26
57 Statutory office holder bound by Code of Conduct.............................................................. 27
58 Limitation on sanctions for breaches of Code of Conduct.................................................... 28
Part 8—ISACs 29
59 Function of ISAC................................................................................................................. 29
60 Establishment of ISAC......................................................................................................... 29
61 Constitution of ISAC........................................................................................................... 29
62 ISAC procedures—minimum requirements......................................................................... 30
63 ISAC procedures—Merit Protection Commissioner’s instructions...................................... 30
64 Assistance to ISAC.............................................................................................................. 30
65 Assessment and recommendation by ISAC......................................................................... 30
66 Non‑agreement on recommendation by ISAC...................................................................... 31
67 ISAC recommendation not binding...................................................................................... 31
68 Effect of acting on ISAC recommendation........................................................................... 31
69 Effect of not acting in accordance with ISAC recommendation............................................ 32
70 Offence................................................................................................................................. 32
Part 9—Review of actions 33
Division 1—Preliminary 33
71 General policy about review................................................................................................. 33
72 Outline of Part...................................................................................................................... 33
73 Review of certain promotion and engagement decisions...................................................... 33
74 Review of other Parliamentary Service action...................................................................... 33
75 Secretary’s responsibility..................................................................................................... 34
76 Definition............................................................................................................................. 34
Division 2—Review of certain Parliamentary Service promotion decisions and engagement decisions (including decisions involving APS employees) 35
77 Application of Division 2..................................................................................................... 35
78 Entitlement for review—promotion decision........................................................................ 35
79 Entitlement for review—engagement decision...................................................................... 36
80 Grounds for review.............................................................................................................. 36
81 Application for review.......................................................................................................... 37
82 Appointment of PRC............................................................................................................ 37
83 Constitution of PRC............................................................................................................. 38
84 Statements by parties............................................................................................................ 38
85 Frivolous or vexatious applications...................................................................................... 39
86 PRC procedures—minimum requirements........................................................................... 39
87 PRC procedures—Merit Protection Commissioner’s instructions....................................... 39
88 Assistance to PRC................................................................................................................ 39
89 Requirement to provide information or documents............................................................... 40
90 Conduct of review by PRC.................................................................................................. 40
91 Non‑agreement on decision by PRC.................................................................................... 40
92 Effect of PRC decision......................................................................................................... 40
93 Offence................................................................................................................................. 41
Division 3—Application by Parliamentary Service employees for review of other actions 42
Subdivision 1—Reviewable action 42
94 Entitlement for review.......................................................................................................... 42
95 What Parliamentary Service action is reviewable action....................................................... 42
Subdivision 2—Primary review 44
96 Application for primary review............................................................................................ 44
97 Referral to Merit Protection Commissioner.......................................................................... 44
98 Notice that action not reviewable.......................................................................................... 45
99 Conduct of review by Secretary........................................................................................... 45
100 Conduct of review by Merit Protection Commissioner...................................................... 46
Subdivision 3—Secondary review 46
101 Application for secondary review....................................................................................... 46
102 Secretary to give documents to Merit Protection Commissioner........................................ 46
103 Conduct of review.............................................................................................................. 46
Subdivision 4—Action following recommendation to Secretary 47
104 Action by Secretary............................................................................................................ 47
Subdivision 5—Other provisions about review 48
105 Review procedures—minimum requirements..................................................................... 48
106 Requirement to provide information or documents............................................................. 48
107 Making of application does not operate as stay.................................................................. 48
108 Offence............................................................................................................................... 48
Part 10—Other employment matters 50
109 Knowledge obligation......................................................................................................... 50
110 Restrictions on engaging a person who has received a redundancy benefit........................ 50
Part 10A—Commissioner 52
112A Commissioner’s functions—inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct.................................................................................................................................... 52
Part 11—Merit Protection Commissioner 54
Division 1—Prescribed functions 54
113 Prescribed functions........................................................................................................... 54
113A Merit Protection Commissioner’s functions—inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct......................................................................................................... 54
Division 2—Basic procedural requirements for Code of Conduct inquiries 56
114 Basic requirements for procedures for determining breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee.................................................................................. 56
Division 3—Complaints of former employees 57
115 Investigation of complaints by former employees.............................................................. 57
Division 4—Review of determination of breach of Code of Conduct by former Parliamentary Service employee 58
116 Entitlement for review........................................................................................................ 58
117 Application for review........................................................................................................ 59
118 Notice that action not reviewable........................................................................................ 59
119 Conduct of review.............................................................................................................. 59
120 Review procedures—minimum requirements..................................................................... 59
121 Requirement to provide information or documents............................................................. 60
122 Making of an application does not operate as stay.............................................................. 60
123 Offence............................................................................................................................... 60
Division 5—Review of actions of statutory office holders 61
124 Review of actions of statutory office holders who are not Secretaries................................ 61
Division 6—Miscellaneous 62
125 Independence of Merit Protection Commissioner............................................................... 62
126 Entrusted person................................................................................................................. 62
127 Protected information......................................................................................................... 62
128 Compellability of entrusted persons to give evidence......................................................... 62
129 Giving information or producing documents...................................................................... 62
Part 13—Attachment of salaries to satisfy judgement debts 63
133 Definitions.......................................................................................................................... 63
134 Application of this Part....................................................................................................... 63
135 Application of State and Territory law................................................................................ 63
136 Paying officer..................................................................................................................... 64
137 Authority to make deductions............................................................................................. 64
138 Administration fee.............................................................................................................. 65
139 More than one judgement debt........................................................................................... 65
140 Effect of deductions............................................................................................................ 66
141 Rate of deductions.............................................................................................................. 66
142 Move to another Department.............................................................................................. 66
143 Administration of deductions............................................................................................. 67
144 Recovery of overpayment................................................................................................... 67
Part 14—Delegation 68
145 Delegation by Merit Protection Commissioner................................................................... 68
146 Delegation by Secretary...................................................................................................... 68
Part 15—Miscellaneous 70
147 Use and disclosure of personal information....................................................................... 70
Part 16—Application and transitional provisions 71
148 Definitions.......................................................................................................................... 71
149 Application—Gazettal of certain employment decisions and promotions........................... 71
150 Transitional—use of merit lists........................................................................................... 71
151 Transitional—vacancies notified before commencement.................................................... 71
152 Transitional—engagement on a short term, irregular or intermittent basis.......................... 71
153 Transitional—managing effective performance.................................................................. 71
Schedule 1—Dictionary 73
Schedule 2—Comparison with Public Service Classifications 75
Schedule 3—Non‑reviewable actions 77
Endnotes78
Endnote 1—About the endnotes 78
Endnote 2—Abbreviation key 80
Endnote 3—Legislation history 81
Endnote 4—Amendment history 82
Endnote 5—Uncommenced amendments [none] 85
Endnote 6—Modifications [none] 85
Endnote 7—Misdescribed amendments [none] 85
Endnote 8—Miscellaneous [none] 85
Part 1—Preliminary
1 Name of determination
This determination is the Parliamentary Service Determination 2013.
3 Authority
This determination is made under the Parliamentary Service Act 1999.
Note: See section 71 of the Act.
4 Dictionary
The Dictionary in Schedule 1 to this determination defines certain terms used in this determination.
Note: A number of terms used in this determination are defined in the Act, including:
(a) APS employee;
(b) Classification Rules;
(c) Code of Conduct;
(d) Commissioner;
(e) Department;
(f) ongoing Parliamentary Service employee;
(g) Presiding Officers.
Part 2—Parliamentary Service Values
6 Parliamentary Service Value 1—Committed to Service
Having regard to an individual’s duties and responsibilities, upholding the Parliamentary Service Value in subsection 10(1) of the Act requires the following:
(a) engaging effectively and providing responsive, client‑focussed service delivery;
(b) ensuring that decisions and interactions are objective and impartial;
(c) encouraging innovative thought and supporting innovative solutions;
(d) supporting collaboration and teamwork, both within a Department and with other Departments and APS agencies and the wider community;
(e) promoting continuous improvement and managing change effectively;
(f) identifying and managing areas of potential risk;
(g) pursuing and supporting training and development to improve capability;
(h) being responsive to the needs of the Parliament and understanding the environment in which it operates.
7 Parliamentary Service Value 2—Ethical
Having regard to an individual’s duties and responsibilities, upholding the Parliamentary Service Value in subsection 10(2) of the Act requires the following:
(a) acting in a way that models and promotes the highest standard of ethical behaviour;
(b) following through on commitments made;
(c) having the courage to address difficult issues;
(d) complying with all relevant laws, appropriate professional standards and the Code of Conduct;
(e) acting in a way that is right and proper, as well as technically and legally correct or preferable;
(f) reporting and addressing misconduct and other unacceptable behaviour by Parliamentary Service employees in a fair, timely and effective way;
(h) providing leadership in supporting the Parliament;
(i) supporting systems that give Parliamentary Service employees appropriate opportunities to develop and demonstrate leadership qualities.
8 Parliamentary Service Value 3—Respectful
Having regard to an individual’s duties and responsibilities, upholding the Parliamentary Service Value in subsection 10(3) of the Act requires the following:
(a) treating all people with dignity and recognising that all people have value;
(b) dealing with all people honestly and with integrity;
(c) recognising the importance of human rights and understanding Australia’s human rights obligations;
(d) recognising and fostering diversity;
(e) collaborating and being open to ideas in supporting the Parliament;
(f) complying with all relevant anti‑discrimination laws.
9 Parliamentary Service Value 4—Accountable
Having regard to an individual’s duties and responsibilities, upholding the Parliamentary Service Value in subsection 10(4) of the Act requires the following:
(a) being answerable to the Presiding Officers and to the Parliament;
(b) being open to scrutiny and being transparent in decision making;
(c) being able to demonstrate that actions and decisions have been made with appropriate consideration;
(d) being able to explain actions and decisions to the people affected by them;
(e) being accountable for actions and decisions through statutory and administrative reporting systems;
(f) being able to demonstrate clearly that resources have been used efficiently, effectively, economically and ethically;
(g) being answerable for individual performance.
10 Parliamentary Service Value 5—Impartial
Having regard to an individual’s duties and responsibilities, upholding the Parliamentary Service Value in subsection 10(5) of the Act requires the following:
(a) providing the same standard of high quality professional support to the Parliament, irrespective of which political party is in power and of personal political beliefs;
(b) ensuring that the individual’s actions do not provide grounds for a reasonable person to conclude that the individual could not serve the Parliament impartially;
(c) ensuring that management and staffing decisions are made on a basis that is independent of the political party system, free from political bias and not influenced by the individual’s political beliefs;
(d) understanding the needs of the Parliament and providing it with the best objective, non‑partisan advice based on the best evidence available;
(e) providing advice that is relevant and comprehensive, is not affected by fear of consequences, and does not withhold important facts or bad news;
(f) providing advice that takes account of the context in which policy needs to be implemented, the broader needs of the Parliament and, where appropriate, implications for the longer term;
(g) implementing policies in a way that is free from bias and in accordance with the law.
Part 3—Parliamentary Service employment
Division 1—Preliminary
11 Definitions
In this Part:
broadband has the meaning given by subrule 9(4) of the Classification Rules (as in force immediately before 1 July 2013).
12 Meaning of vacancy
For this Part, a vacancy exists in a Department if a Secretary decides that:
(a) a specified group of duties needs to be performed; and
(b) it is appropriate to consider engaging or promoting a person to perform the duties.
13 Meaning of similar vacancy
For this part, a vacancy is a similar vacancy to a vacancy that is notified under clause 20 (a notified vacancy) if:
(a) one of the following applies:
(i) it is in the same Department;
(ii) it is an SES vacancy;
(iii) it is a vacancy in a centrally coordinated entry‑level program;
(iv) the Secretary of the Department in which the notified vacancy existed, another Secretary and a candidate who applied for the notified vacancy agree, in writing, that the vacancy is a similar vacancy in relation to the candidate;
(v) if the notified vacancy relates to a function that was moved to another Department after the notification—it is in the Department to which the function was moved; and
(b) all of the following apply:
(i) it is the same category of employment (ongoing or non‑ongoing);
(ii) it comprises similar duties;
(iii) it is at the same classification;
(iv) it is to be performed in a similar location.
13A Meaning of Senior Executive Service (SES) vacancy
In this determination, SES vacancy means a vacancy at an SES classification as set out in the Classification Rules.
14 Meaning of work‑related qualities
For this Part, work‑related qualities that may be taken into account in making an assessment of a candidate’s suitability to perform duties in accordance with paragraph 10A(2)(c) of the Act include the following:
(a) skills and abilities;
(b) qualifications, training and competencies;
(c) standard of work performance;
(d) capacity to perform effectively to produce outcomes at the level required by the relevant duties;
(e) relevant personal qualities, such as honesty and integrity;
(f) potential for further development;
(g) ability to contribute to team performance.
Division 2—Engagement of non‑ongoing employees
15 Engagement of SES employee for specified term
(1) This section sets out the circumstances in which a person may be engaged as an SES employee for a specified term.
Note: See subsection 22(4) of the Act.
(2) The person may be engaged for a specified term if the term does not exceed 5 years.
(3) The engagement may be extended once or more than once, but the engagement may be extended only to the extent that the total term does not exceed 5 years.
Note: The usual basis for engagement of a Parliamentary Service employee is as an ongoing Parliamentary Service employee: see paragraph 10A(1)(b) of the Act. A Secretary is expected to have regard to that paragraph before engaging a person as a non‑ongoing employee.
16 Engagement on non‑ongoing basis
(1) This clause prescribes circumstances in which a Secretary may engage a person as an employee (other than an SES‑employee) for a specified term or for the duration of a specified task.
Note 1: See subsection 22(4) of the Act.
Note 2: Paragraph 10A(1)(c) of the Act requires engagement and promotion decisions to be based on merit. Divisions 3 and 4 explain how this Employment Principle is to be applied.
Note 3: The usual basis for engagement of a Parliamentary Service employee is as an ongoing Parliamentary Service employee: see paragraph 10A(1)(b) of the Act. A Secretary is expected to have regard to that paragraph before engaging a person as a non‑ongoing employee.
Specified task
(2) If a Secretary engages a person as a non‑ongoing employee for a specified task, the Secretary must, at the time of the engagement:
(a) be able to reasonably estimate the duration of the task; and
(b) be satisfied that the services of the person are unlikely to be required after the task is complete.
Specified term
(3) A Secretary may engage a person as a non‑ongoing employee for a specified term if:
(a) the duties of the employment are to be performed by the person only for a limited period, and the performance of those duties by that person is unlikely to be required after that period; or
Examples: The Department:
(a) has a temporary increase in its workload; or
(b) has a temporary demand for employees with particular skills; or
(c) needs to replace an ongoing employee who is on leave or who is assigned to other duties.
(b) the particular skills, knowledge or experience required to perform the duties of the employment can best be met by employing a person who has recently worked in the industry that corresponds to the employment for which the person is being engaged; or
(c) the purpose of the employment is to assist the person to gain:
(i) skills and experience, by participating in the workforce under a scheme approved by the Secretary or by the Australian Public Service Commissioner; or
(ii) a formal occupational qualification, licence, accreditation or registration; or
(d) the person has received a written offer of ongoing employment, but prefers to be engaged as a non‑ongoing employee; or
(e) the person is an ongoing Parliamentary Service employee.
(4) If a Secretary engages a person as a non‑ongoing employee for a specified term:
(a) the period of the engagement:
(i) must be a period that represents a reasonable estimate of the time required for the performance of the duties; and
(ii) for a person engaged in accordance with paragraph (3)(a) or (b)—must not be more than 18 months; and
(b) for a person engaged in accordance with paragraph (3)(a) or (b)—any extension of the engagement must be for a period that represents a reasonable estimate of the length of time required for the performance of the duties; and
(c) subject to subclause (5), the total period of the engagement, including any extensions of the engagement, must not exceed 3 years.
(5) The period of 3 years mentioned in paragraph (4)(c) may be extended, for a period of not more than 12 months, only if:
(a) the Secretary considers that the engagement is necessary for the Department’s operations; and
(b) the Commissioner:
(i) is satisfied that special circumstances exist; and
(ii) authorises the Secretary to extend the engagement.
(6) In addition to subclauses (3), (4) and (5):
(a) a Secretary may engage a person as a non‑ongoing employee for a specified term if:
(i) the person is an employee of a State or Territory, or an authority of a State or Territory; and
(ii) the Secretary has entered into an agreement with a State or Territory, or an authority of a State or Territory, to engage the person as a non‑ongoing employee for a specified term; and
(b) the period of engagement mentioned in paragraph (a) is the period decided by the Secretary.
Division 3—Merit in engagement and promotion
Subdivision 1—Merit‑based decision‑making: standard provisions
17 Purpose of Subdivision
The purpose of this Subdivision is to determine:
(a) the scope or application of the Employment Principle mentioned in paragraph 10A(1)(c) of the Act, in relation to most promotions and most ongoing and long‑term non‑ongoing engagements; and
(b) the minimum requirements that a Secretary must meet in order to uphold that Employment Principle.
Note: Subdivision 2 provides modifications of and exceptions to the requirements in this Subdivision for certain kinds of engagement and promotion decisions.
18 How a Secretary upholds the principle of merit‑based decision‑making
A Secretary upholds the Employment Principle mentioned in paragraph 10A(1)(c) of the Act in relation to a decision to engage or promote a person, by ensuring that the decision is based on a selection process that meets the requirements of:
(a) this Subdivision; or
(b) for a decision to which Subdivision 2 applies—this Subdivision as modified by that Subdivision.
Note: See sections 26 and 26A of the Act for the engagement of an ongoing APS employee as an ongoing or non‑ongoing Parliamentary Service employee.
19 Merit‑based selection process for engagement or promotion
(1) A selection process meets the requirements of this Subdivision if all of the following apply:
(a) the aim and purpose of the selection process is determined in advance;
(b) information about the selection process is readily available to applicants;
(c) the selection process is applied fairly in relation to each eligible applicant;
(d) the selection process is appropriately documented.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non-ongoing Parliamentary Service employees.
(2) When making a decision using such a selection process:
(a) merit is the primary consideration; and
(b) if any eligible applicants are otherwise equal on merit—secondary considerations may be taken into account if they relate to matters within the control of the applicant.
Note: Paragraph (b)—matters within the control of the applicant include the applicant’s ability to start by a particular date, willingness to relocate or to meet other reasonable Departmental requirements.
20 Notification of vacancy in Public Service Gazette
Basic requirement for notification of vacancy
(1) Subject to this clause, a selection process for a decision to fill a vacancy meets the requirements of this Subdivision only if:
(a) the vacancy in the Department, or a similar vacancy, was notified in the Public Service Gazette within a period of 12 months before the written decision to engage or promote the successful applicant; and
(b) the vacancy was notified as open to all eligible members of the community; and
(c) the vacancy was notified with a closing date for applications of:
(i) at least 7 calendar days after the notification; or
(ii) if the Secretary was satisfied that there were special circumstances and the Secretary approved a shorter period—the end of that shorter period.
Restricting applications to Parliamentary Service employees (other than Parliamentary Service Level 1 and training classifications)
(2) If the Secretary decides that, for reasons of cost or operational efficiency, a vacancy at a non‑SES classification should be filled by a person who is already a Parliamentary Service employee, the vacancy may be notified in the Public Service Gazette as open only to persons who are Parliamentary Service employees at the time of the notification.
(3) Subclause (2) does not apply in relation to a vacancy at Parliamentary Service Level 1 classification or a training classification, and these must be notified as open to all eligible members of the community.
Multiple Department notification
(4) A Department participating in a multiple Department selection process must ensure as far as practicable that a specified vacancy is brought to the notice of the community in a way that gives eligible members of the community a reasonable opportunity to apply for it.
External advertising
(5) A vacancy notified in the Public Service Gazette as open to all eligible members of the community must, if also advertised externally, be advertised within 4 weeks before or 4 weeks after the Gazette notification.
Example: A vacancy may be advertised externally on a recruitment website.
(6) A vacancy notified in the Public Service Gazette as open only to persons who are Parliamentary Service employees must, if it is later advertised externally as open to all eligible members of the community, be re‑notified in the Public Service Gazette as open to all eligible members of the community.
Meaning of Parliamentary Service employee
(7) In this clause:
Parliamentary Service employee means a person who:
(a) is a current ongoing Parliamentary Service employee or APS employee; or
(b) was, at the time of the relevant Public Service Gazette notification, a non‑ongoing Parliamentary Service employee (within the meaning of the Parliamentary Service Act 1999) or non-ongoing APS employee (within the meaning of the Public Service Act 1999).
21 Additional requirements for SES engagement or promotion decisions
A selection process for an SES vacancy meets the requirements of this Subdivision if, in addition to the requirements of clauses 19 and 20, the following apply:
(a) the Commissioner, or a representative of the Commissioner, was a full participant in the selection process;
(b) if a representative of the Commissioner participated in the selection process—the representative certified that the selection process complied with the Act and this Determination.
Subdivision 2—Merit‑based decision‑making: exceptions to standard provisions
22 Purpose of Subdivision
The purpose of this Subdivision is to:
(a) modify the requirements of Subdivision 1; and
(b) determine the scope or application of the Employment Principle mentioned in paragraph 10A(1)(c) of the Act in relation to engagement and promotion decisions in circumstances where this is appropriate.
23 Engagement on a short‑term, irregular or intermittent basis
(1) A Secretary may engage a person to perform duties as a non‑ongoing Parliamentary Service employee if:
(a) the engagement is for a specified term or the duration of a specified task and the period of employment is 18 months or less; or
(b) the engagement is for duties that are irregular or intermittent.
(2) A Secretary may extend or further extend an engagement mentioned in paragraph (1)(a) if:
(a) there is a continuing need for the duties to be performed; and
(b) the person engaged is performing the duties satisfactorily or better; and
(c) the Secretary is satisfied that:
(i) it is still appropriate for the duties to be performed on a non‑ongoing basis; and
(ii) the extension, or further extension, will contribute to efficient and effective organisational performance.
However, the total period of engagement (including any extension), must not exceed 3 years.
(3) The Secretary must ensure as far as practicable that such a vacancy is brought to the notice of the community in a way that gives eligible members of the community a reasonable opportunity to apply for it.
Example: A vacancy may be brought to the notice of the community by being advertised or access being provided to non‑ongoing employment registers.
(4) As a minimum requirement, the Secretary must be satisfied that the person to be engaged has the work‑related qualities genuinely required to perform the relevant duties.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non-ongoing Parliamentary Service employees.
24 Engagement of non‑ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances
(1) The Commissioner may authorise the engagement by a Secretary of a non‑ongoing Parliamentary Service employee as an ongoing Parliamentary Service employee if:
(a) the Secretary requests, in writing, such an authorisation in respect of the non‑ongoing Parliamentary Service employee; and
(b) the Commissioner is satisfied that exceptional circumstances justify such an engagement.
(2) A Secretary may only make a request in respect of a non‑ongoing Parliamentary Service employee if the Secretary is satisfied that:
(a) the duties of the relevant employment are more appropriately undertaken by an ongoing Parliamentary Service employee; and
(b) the person to be engaged as an ongoing Parliamentary Service employee has the work‑related qualities genuinely required to perform the relevant duties; and
(c) the engagement as an ongoing Parliamentary Service employee is at the person’s classification (or equivalent) as a non‑ongoing Parliamentary Service employee; and
(d) the original engagement of the person as a non‑ongoing Parliamentary Service employee, or an extension of the engagement of the person as a non‑ongoing Parliamentary Service employee, complied with the requirements of Subdivision 1; and
(e) the engagement is necessary for the Department’s operations.
Engagement of ongoing Parliamentary Service employee as non‑ongoing Parliamentary Service employee
A Secretary may engage a person who is an ongoing Parliamentary Service employee as a non‑ongoing Parliamentary Service employee if:
(a) the person is to be engaged for a specified term or specified task; and
(b) the person resigns as an ongoing Parliamentary Service employee to start the engagement; and
(c) the engagement is at the same classification as the person’s current classification or at a lower classification.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non-ongoing Parliamentary Service employees.
26 Affirmative measure—Indigenous employment
(1) A Secretary may, consistently with Commonwealth law, identify a vacancy as open only to Aboriginal and/or Torres Strait Islander persons.
(2) The Secretary must ensure that for such a vacancy:
(a) eligible applicants are only persons:
(i) of Aboriginal and/or Torres Strait Islander descent; and
(ii) who identify as Aboriginal and/or Torres Strait Islander; and
(iii) who are accepted by their community as being Aboriginal and/or Torres Strait Islander; and
(b) either:
(i) the selection process for the vacancy otherwise satisfies the requirements of Subdivision 1; or
(ii) section 23 is satisfied.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non-ongoing Parliamentary Service employees.
(3) In this clause:
Aboriginal has the same meaning as in the Racial Discrimination Act 1975.
Torres Strait Islander has the same meaning as in the Racial Discrimination Act 1975.
27 Affirmative measure—disability
(1) A Secretary may, consistently with Commonwealth law, identify a vacancy as open only to persons who have a disability or a particular type of disability.
(2) The Secretary must ensure that for such a vacancy:
(a) eligible applicants are only persons described in subclause (1); and
(b) one of the following applies:
(i) the selection process for the vacancy otherwise satisfies the requirements of Subdivision 1;
(ii) clause 23 is satisfied;
(iii) a disability employment service provider has assessed each applicant as being likely to be unable to compete successfully on merit in a competitive selection process.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non-ongoing Parliamentary Service employees.
29 Engagement of person from State or Territory jurisdiction
A Secretary may engage a person as a non‑ongoing Parliamentary Service employee for a specified term if:
(a) the person is an employee of:
(i) a State or Territory; or
(ii) an authority of a State or Territory; and
(b) the Secretary has entered into an agreement with the State or Territory, or the authority of the State or Territory, to engage the person as a non‑ongoing employee for a specified term.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non-ongoing Parliamentary Service employees.
30 Re‑engagement of election candidates
Person may apply to be re‑engaged as a Parliamentary Service employee
(1) A Secretary may engage a person as a Parliamentary Service employee if:
(a) the person is a former Parliamentary Service employee, whose employment ended because they resigned to contest:
(i) an election for a member of a House of the Parliament of the Commonwealth or of a State; or
(ii) an election for a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or
(iii) an election for a member of the Torres Strait Regional Authority; and
(b) section 32 of the Act (right of return for election candidates) applies to the person; and
(c) the person applies to the Secretary to be engaged as a Parliamentary Service employee within the applicable timeframe mentioned in subclause (2); and
(d) if the former employment was non‑ongoing:
(i) the employment would not have ended except for the resignation; and
(ii) the person applies to the Secretary to be engaged before the employment would have ended if the person had not resigned.
(2) A person mentioned in paragraph (1)(a) must apply to the Secretary:
(a) if the result of the election is not disputed—within 2 months after the declaration of the result of the election; or
(b) if the result of the election is disputed—within 2 months after a court of disputed returns decides the petition disputing the result, or the petition is withdrawn or lapses; or
(c) if the Commissioner has made a declaration under subclause (3)—as soon as practicable after receiving notice of the declaration.
(3) If the Commissioner is satisfied that it is appropriate to do so, the Commissioner may declare that the person is taken to be a former Parliamentary Service employee for the purposes of paragraph (2)(c).
Example: The Commissioner may make a declaration if the Department in which the person was employed no longer exists or is no longer responsible for duties that were previously carried out by the employee.
Basis on which person may be re‑engaged as a Parliamentary Service employee
(4) If the Secretary engages the person as a Parliamentary Service employee, the person must be:
(a) engaged on the same basis (ongoing or non‑ongoing) as the person’s employment before resigning and at the same classification; and
(b) assigned duties that are the same as, or similar to, the duties the person had immediately before the resignation or, if such duties are unavailable, other duties at the same classification; and
(c) engaged on:
(i) the same terms and conditions of employment that applied to the person when the person resigned; or
(ii) if the remuneration, or another term or condition, applying to the person’s previous classification has changed since the person resigned—the changed terms and conditions.
(5) The person’s continuity of service is taken not to have been broken by the period between the person’s resignation and the person’s re‑engagement as a Parliamentary Service employee, but that period does not count as service for the purposes of:
(a) the National Employment Standards; or
(b) an employment arrangement that applies to the person.
Note: For entitlements to long service leave and paid maternity leave, see the Long Service Leave (Commonwealth Employees) Act 1976 and the Maternity Leave (Commonwealth Employees) Act 1973.
Specified elections
(6) For the purposes of paragraph 32(1)(a) of the Act, the elections mentioned in subparagraphs (1)(a)(i), (ii) and (iii) are specified.
31 Promotion on completion of appointment to statutory office
(1) A Secretary may, in writing, request the Commissioner to authorise the promotion of an ongoing Parliamentary Service employee without complying with Subdivision 1 if the following apply:
(a) the employee was granted leave without pay for appointment to a statutory office of a kind that requires the Commissioner, or a representative of the Commissioner, to be a participant in the selection process for the office;
(b) the employee’s appointment to the statutory office has not expired, or expired no more than 3 months before the Commissioner was asked to authorise the promotion;
(c) the duties to which the employee is to be assigned are assessed by the Secretary as being at a classification that is equivalent to, or lower than, the duties of the statutory office;
(d) the Secretary is satisfied that the employee has the work‑related qualities to perform duties at the classification to which the employee is to be promoted.
(2) The Commissioner may authorise the promotion.
(3) In deciding whether to authorise the promotion the Commissioner may take into account the matters mentioned in paragraphs (1)(a) to (d) and any other matters that the Commissioner considers relevant, including:
(a) the duration of the appointment; and
(b) the selection process for the appointment.
32 Engagement of an ongoing APS employee as an ongoing Parliamentary Service employee
A Secretary may engage a person who is an ongoing APS employee as an ongoing Parliamentary Service employee if the person is to be employed at a comparable classification or lower, as set out in Schedule 2.
Note: See sections 26 and 26A of the Act for the engagement of an ongoing APS employee as an ongoing or non-ongoing Parliamentary Service employee.
33 Re‑engagement of a former Parliamentary Service employee
(1) The relevant Secretary may engage a former Parliamentary Service employee as an ongoing or non‑ongoing Parliamentary Service employee if:
(a) the Secretary is satisfied that the person’s former employment should not have ended; or
(b) the engagement will settle legal action relating to the termination of the employee’s employment; or
(c) an appropriate authority has recommended or ordered the reinstatement of the person.
Note: An appropriate authority includes, for example, the Federal Court of Australia, the Fair Work Commission or the Australian Human Rights Commission.
(2) The person must be engaged:
(a) on the same basis (ongoing or non‑ongoing) as the person was when formerly employed; and
(b) at the same or a lower classification.
Division 4—Assignment of duties and movement between Departments
35A Moves between Departments not associated with promotion
(1) This clause applies if:
(a) a Secretary enters into a written agreement with an ongoing Parliamentary Service employee for the employee to move to the Secretary’s Department (the new Department) from another Department (the original Department); and
(b) the movement between Departments is not associated with a promotion.
(2) The move takes effect:
(a) in the case of an ongoing move:
(i) if a date of effect has been agreed by the Parliamentary Service employee and the 2 Secretaries—on the agreed date of effect; and
(ii) if a date of effect has not been agreed—4 weeks after the Parliamentary Service employee informs the original Secretary in writing; and
(b) in the case of a temporary move:
(i) if the original Secretary has approved it in writing—on the date of effect specified in the approval; and
(ii) if the original Secretary has not approved it in writing—on the date the Parliamentary Service employee begins duties in the new Department. The move has the effect of an ongoing move to the new Department at the Parliamentary Service employee’s existing classification.
(3) In the case of an agreed temporary move, an agreement between the new Secretary and the Parliamentary Service employee to vary the period of the move:
(a) if approved by the original Secretary in writing—has effect according to its terms; and
(b) if not approved by the original Secretary in writing—has no effect.
Movement between Departments in cases of a suspected breach of the Code of Conduct
(4) Despite subclause (2), if:
(a) a Parliamentary Service employee is suspected of having breached the Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3) or 48A(2) of the Act; and
(b) the matter to which the suspected breach relates has not yet been resolved;
then, unless the Parliamentary Service employee’s current Secretary and the new Secretary agree otherwise, a move by the Parliamentary Service employee does not take effect until the matter to which the suspected breach relates is resolved.
(5) For the purposes of subclause (4), the matter to which the suspected breach relates is taken to be resolved when:
(a) a determination is made as to whether the Parliamentary Service employee has breached the Code of Conduct; or
(b) it is decided that such a determination is not necessary.
35B Moves between Departments on promotion
(1) If:
(a) a decision is taken to promote a Parliamentary Service employee; and
(b) the Parliamentary Service employee is suspected of having breached the Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3) or 48A(2) of the Act; and
(c) the matter to which the suspected breach relates is not resolved before the Parliamentary Service employee moves to take up the promotion;
then, unless the Parliamentary Service employee’s current Secretary and the new Secretary agree otherwise, the Parliamentary Service employee’s promotion does not take effect until the matter to which the suspected breach relates is resolved.
(2) For the purposes of subclause (1), the matter to which the suspected breach relates is taken to be resolved when:
(a) a determination is made as to whether the Parliamentary Service employee has breached the Code of Conduct; or
(b) it is decided that such a determination is not necessary.
35C Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct
(1) If:
(a) an APS employee is suspected of having breached the APS Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3), 41B(3) or 50A(2) of the Public Service Act 1999; and
(b) the matter to which the suspected breach relates is not resolved before the APS employee moves to a Department under section 26 of the Act;
then, unless the head of the APS agency in which the employee is employed and the Secretary of the Department to which the employee would be moving agree otherwise, the movement does not take effect until the matter to which the suspected breach relates is resolved.
(2) For the purposes of subclause (1), the matter to which the suspected breach relates is taken to be resolved when:
(a) a determination is made as to whether the APS employee has breached the APS Code of Conduct; or
(b) it is decided that such a determination is not necessary.
(3) In this clause:
APS Code of Conduct means the rules in section 13 of the Public Service Act 1999.
Division 5—Notification of employment decisions
38 Purpose of Division
The purpose of this Division is to:
(a) set out requirements for notifying certain employment decisions in the Public Service Gazette; and
(b) provide for the date of effect of a promotion decision.
Gazettal of employment decisions
Decisions that must be notified
(1) A Secretary must notify the following employment decisions in the Public Service Gazette:
(a) the promotion of an ongoing Parliamentary Service employee;
(b) the promotion of an ongoing Parliamentary Service employee, following the decision of a Promotion Review Committee under subparagraph 90(1)(b)(ii) that has not been notified under paragraph (a);
(c) the engagement, promotion or assignment of duties of a person made in accordance with an Independent Selection Advisory Committee recommendation;
(d) the engagement of an ongoing APS employee as an ongoing Parliamentary Service employee at a higher classification than the person’s current classification as an APS employee;
(e) the termination of the employment of an ongoing Parliamentary Service employee on the ground mentioned in paragraph 29(3)(g) of the Act (breach of the Code of Conduct).
Time within which notification must be made
(2) A decision must be notified in the Public Service Gazette within 3 months after the decision is made, unless the Commissioner agrees to a different arrangement.
(3) For an employment decision to engage or promote a person that is made on the basis that the person is required to satisfy an eligibility requirement, the 3 month period mentioned in subclause (2) is taken to commence at the time the eligibility requirement is met.
Note: Examples of an eligibility requirement include a security or character clearance.
Notification generally to include employee’s name
(4) A notification must include the employee’s name unless the Secretary decides that the name should not be included because of the person’s work‑related or personal circumstances.
(5) If a notification does not include the employee’s name and relates to a promotion that is subject to review, the Department must:
(a) on or before the day the decision is notified, notify all parties eligible to seek review of the promotion of their rights of review; and
(b) at the same time as parties are notified, advise the Merit Protection Commissioner that eligible parties have been notified.
Notification relating to a former ongoing APS employee
(6) If an employment decision is made to engage a person at a higher classification than the person’s current classification as an APS employee, the notification must include a statement to the following effect:
This engagement of an ongoing APS employee at a higher classification may be subject to review by a Promotion Review Committee in accordance with Part 9 of the Parliamentary Service Determination 2013.
40 Gazettal when decisions previously notified are cancelled
Decisions that must be notified
(1) A Secretary must notify a decision (a cancellation decision) to cancel the following employment decisions in the Public Service Gazette:
(a) a promotion notified under paragraph 39(1)(a) (in a case where the cancellation decision is made by the Secretary);
(b) a promotion notified under paragraph 39(1)(a) or (b) (in a case where the cancellation decision is the result of a decision of a Promotion Review Committee);
(c) an engagement, promotion or assignment of duties notified under paragraph 39(1)(c);
(d) the engagement of an ongoing APS employee as an ongoing Parliamentary Service employee under paragraph 39(1)(d);
(e) a termination notified under paragraph 39(1)(e).
Time within which notification must be made
(2) A cancellation decision must be notified in the Public Service Gazette within 3 months after the cancellation decision is made.
Requirements of notification
(3) Notification of a cancellation decision must include:
(a) the date that the cancellation decision took effect; and
(b) the person’s name, unless this was not included in the original notification.
41 When promotion decisions take effect
(1) This clause applies in respect of a decision (a promotion decision) to:
(a) promote an ongoing Parliamentary Service employee; or
(b) engage an ongoing APS employee as an ongoing Parliamentary Service employee at a classification that is higher than the employee’s APS classification, worked out in accordance with clause 2 of the Schedule 2.
Note: Clause 81 sets out requirements for review applications.
(2) If a promotion decision is not subject to PRC review, the decision takes effect:
(a) if a date of effect has been agreed by the relevant parties and is after the day the decision is notified in the Public Service Gazette—on that date; or
(b) otherwise—4 weeks after the day the decision is notified in the Public Service Gazette.
(3) A promotion decision that is subject to PRC review takes effect on the date mentioned in column 3 of an item in the following table in the circumstances mentioned in column 2 of the item:
| When promotion decisions take effect | ||
| Column 1 | Column 2 | Column 3 |
| Item | If the promotion decision is subject to PRC review and …. | then, the decision takes effect … |
| 1 | no application for review is made before the end of the period within which an application for PRC review of the decision may be made | (a) if a date of effect has been agreed by the relevant parties and is after the application period ends—on that date; or (b) 2 weeks after the end of the application period |
| 2 | an application for review is made but withdrawn before the PRC makes a decision on the application | (a) if a date of effect has been agreed by the relevant parties and is after the application period ends—on that date; or (b) 2 weeks after the day the Secretary is notified that the application was withdrawn |
| 3 | an application for review is made but the application lapses before the PRC completes its review | (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified that the application has lapsed—on that date; or (b) 2 weeks after the day the Secretary is notified that the application has lapsed |
| 4 | an application for review is made but the Merit Protection Commissioner decides under clause 82 that it is unnecessary to appoint a PRC to consider the application | (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified of the decision of the Merit Protection Commissioner—on that date; or (b) the later of: (i) the day the Secretary is notified; and (ii) 4 weeks after the day the decision is notified in the Public Service Gazette |
| 5 | an application for review is made and the PRC upholds the promotion decision | (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified of the PRC’s decision—on that date; or (b) 4 weeks after the day the Secretary is notified of the PRC’s decision |
| 6 | an application for review is made and the PRC varies the promotion decision | (a) if a date of effect has been agreed by the relevant parties and is after the Secretary is notified of the PRC’s decision—on that date; or (b) 4 weeks after the day the Secretary is notified of the PRC’s decision |
(4) This clause is subject to clauses 35B and 35C.
(5) In this clause:
PRC review means review by a Promotion Review Committee under Part 9 of this determination.
Division 6—Employer powers of Secretaries
42 Definition
In this Division:
nominated medical practitioner means a person who is:
(a) registered or licensed as a health practitioner under a law of a State or Territory that provides for the registration or licensing of health practitioners; and
(b) nominated by a Secretary to assess the fitness for duty of a Parliamentary Service employee in the Secretary’s Department.
43 Condition of engagement—health clearance
(1) This clause applies to a Parliamentary Service employee whose engagement in a Department is subject, under paragraph 22(6)(e) of the Act, to a condition dealing with health clearances.
(2) While the engagement is subject to the condition:
(a) the Secretary of the Department may, in writing, direct the employee to do either or both of the following within a specified period:
(i) undergo a medical examination by a nominated medical practitioner;
(ii) give the Secretary a report of the examination; and
(b) the nominated medical practitioner may give the relevant Secretary a report of the examination.
Note: Arrangements will be made in Departments to ensure that employees know the period in which an engagement is subject to a condition dealing with health clearances.
44 Direction to attend medical examination
(1) If a circumstance mentioned in subclause (2), (3) or (4) applies, a Secretary may give a Parliamentary Service employee in the Secretary’s Department a written direction to do either or both of the following:
(a) undergo an examination by a nominated medical practitioner, either at a time, or within a period, specified by the Secretary in the direction;
(b) give the Secretary a report of the examination.
(2) A circumstance is that the Secretary believes that the state of health of the employee:
(a) may be affecting the employee’s work performance; or
(b) has caused, or may cause, the employee to have an extended absence from work; or
(c) may be a danger to the employee; or
(d) has caused, or may cause, the employee to be a danger to other employees or members of the public; or
(e) may be affecting the employee’s standard of conduct.
(3) A circumstance is that the employee is to be assigned new duties and the Secretary believes the employee’s state of health may affect the employee’s ability to undertake the duties.
(4) A circumstance is that the employee is to travel overseas as part of the employee’s employment.
(5) The nominated medical practitioner may give the Secretary a report of the examination.
45 Workforce participation schemes
(1) A Secretary may approve a scheme to assist persons engaged for a specified term, or for the duration of a specified task, in the relevant Department, to gain skills and experience to enhance workforce participation.
(2) The approval of the scheme must be notified in the Public Service Gazette within 14 days of the day the scheme is approved.
45A Suspension from duties
(1) A Secretary may suspend a Parliamentary Service employee employed in the Secretary’s Department from duties if the Secretary believes on reasonable grounds that:
(a) the employee has, or may have, breached the Code of Conduct; and
(b) the employee’s suspension is in the public, or the Department’s, interest.
(2) The suspension may be with remuneration.
(3) If the suspension is to be without remuneration, the period without remuneration is to be:
(a) not more than 30 days; or
(b) if exceptional circumstances apply—a longer period.
(4) The Secretary must review the suspension at reasonable intervals.
(5) The Secretary must immediately end the suspension if the Secretary no longer believes on reasonable grounds:
(a) that the Parliamentary Service employee has, or may have, breached the Code of Conduct; or
(b) that the Parliamentary Service employee’s suspension is in the public, or the Department’s, interest.
(6) The Secretary must immediately end the suspension if a sanction has been imposed on the Parliamentary Service employee for the relevant breach of the Code of Conduct.
(7) In exercising powers under this clause, the Secretary must have due regard to procedural fairness unless the Secretary is satisfied on reasonable grounds that, in the particular circumstances, it would not be appropriate.
Part 5—Performance management
51 Achieving effective performance
A Secretary upholds the Employment Principle mentioned in paragraph 10A(1)(d) of the Act by ensuring that:
(a) the Department has performance management policies and processes that support a culture of high performance; and
(b) performance by Parliamentary Service employees in the Department is effectively managed; and
(c) each Parliamentary Service employee in the Department is given a clear statement of the performance and behaviour expected of the employee, and an opportunity to discuss their duties; and
(d) each Parliamentary Service employee in the Department is required to participate constructively in performance management processes; and
(e) fair and effective measures are in place to address underperformance by a Parliamentary Service employee in the Department.
Note: Paragraph 10A(1)(d) of the Act provides that the Parliamentary Service is a career‑based service that requires effective performance from each employee.
52 Managing performance in cases of a potential breach of the Code of Conduct
A Secretary must have regard to any relevant standards and guidance issued by the Commissioner if:
(a) a Parliamentary Service employee in the Department has engaged in conduct that:
(i) may breach the Code of Conduct; or
(ii) raises concerns relating to effective performance; and
(b) the Secretary is considering whether to initiate an inquiry under procedures established by the Secretary under subsection 15(3) of the Act.
Part 7—Code of Conduct
54 Allegations of breach of Code of Conduct by Secretary or statutory office holder
(1) If an allegation, other than a public interest disclosure (within the meaning of the Public Interest Disclosure Act 2013) is made about conduct by a Secretary or a statutory office holder amounting to a breach of the Code of Conduct, the allegation must be referred to the Presiding Officers.
(2) If the Presiding Officers consider that the matter may warrant investigation, the Presiding Officers may refer the matter to the Commissioner:
(a) for advice; or
(b) for inquiry and a report in accordance with paragraph 40(1)(b) of the Act.
(3) The Presiding Officers may request the Commissioner to include recommendations in the report, in accordance with subsection 40(2) of the Act.
(4) In this clause:
statutory office holder:
(a) means a person who holds an office or appointment under this Act, being an office or appointment prescribed by clause 57 for the purposes of the definition of statutory office holder in subsection 14(3) of the Act; and
(b) does not include the Commissioner.
56 Duty not to disclose information
(1) This clause sets out conduct requirements made for subsection 13(13) of the Act.
(2) This clause does not affect other restrictions on the disclosure of information.
(3) A Parliamentary Service employee must not disclose information which the employee obtains or generates in connection with his or her employment if the information:
(a) was, or is to be, communicated in confidence:
(i) to or by the Presiding Officers, a committee of either House or a joint committee, a Senator or a Member of the House of Representatives; or
(ii) within the Parliamentary Service; or
(b) was received in confidence from a person or persons outside the Parliament or the Parliamentary Service who has not, or have not, given permission for the disclosure;
whether or not the disclosure would found an action for breach of confidence.
(4) Subclause (3) does not prevent a disclosure of information by a Parliamentary Service employee if:
(a) the information is disclosed in the course of the employee’s duties; or
(b) the information is disclosed in accordance with an authorisation given by:
(i) a Secretary; or
(ii) the Parliamentary Librarian in relation to information acquired or created in connection with the functions of the Parliamentary Librarian as set out in section 38B of the Act; or
(c) the disclosure is otherwise authorised by law; or
(d) the information that is disclosed:
. (i) is already in the public domain as the result of a disclosure of information that is lawful under this determination or another law; and
(ii) can be disclosed without disclosing, expressly or by implication, other information to which subclause (3) applies.
(5) Subclause (3) does not limit the authority of a Secretary to give lawful and reasonable directions in relation to the disclosure of information.
(6) Nothing in this clause affects the provision of advice to a House, a committee or a member of either House by a Parliamentary Service employee for the purpose of the performance of the duties or functions of a House, a committee or a member of either House.
Note:See section 70 of the Crimes Act 1914 for the circumstances in which publication or communication by a Parliamentary Service employee of a fact or document is an offence.
57 Statutory office holder bound by Code of Conduct
(1) For the definition of statutory office holder in subsection 14(3) of the Act, an office is prescribed if:
(a) the office is held by a person who is engaged or employed under the Act; and
(b) the holder is assisted by, or has dealings with, Parliamentary Service employees in a supervisory capacity, or in another capacity related to the holder’s day to day working relationship with Parliamentary Service employees; and
(c) the office is not an office of Secretary.
(2) For the definition of statutory office holder in subsection 14(3) of the Act, an appointment is prescribed if:
(a) the appointment is the appointment of a person under the Act; and
(b) the appointee is assisted by, or has dealings with, Parliamentary Service employees in a supervisory capacity or another capacity related to the appointee’s day to day working relationship with Parliamentary Service employees; and
(c) the appointment is not an appointment as Secretary.
(3) For subsection 14(2A) of the Act:
(a) a statutory office holder is bound by the Code of Conduct only to the extent to which the statutory office holder:
(i) is assisted by Parliamentary Service employees in a supervisory capacity or another capacity related to the statutory office holder’s day to day working relationship with Parliamentary Service employees; or
(ii) deals with Parliamentary Service employees in a supervisory capacity, or in another capacity related to the statutory office holder’s day to day working relationship with Parliamentary Service employees; and
(b) if there is an inconsistency between the requirements of:
(i) the Code of Conduct; and
(ii) an Australian law that relates to a statutory office holder’s office or appointment;
the Code of Conduct does not bind the statutory office holder to the extent of the inconsistency.
Note: The Code of Conduct requires the upholding of the Parliamentary Service Values and Parliamentary Service Employment Principles, among other things.
(4) For subsection 14(2A) of the Act, a statutory office holder is bound by the Code of Conduct as if the Code of Conduct referred to the statutory office holder’s office or appointment and matters related to the office or appointment.
58 Limitation on sanctions for breaches of Code of Conduct
A deduction from the salary of a Parliamentary Service employee imposed under paragraph 15(1)(e) of the Act must not be more than 2% of the employee’s annual salary.
Part 8—ISACs
59 Function of ISAC
(1) The function of an ISAC is to make recommendations to a Secretary about the suitability of candidates for:
(a) engagement connected with employment in the Department; or
(b) promotion to employment in the Department; or
(c) assignment to duties in connection with employment in the Department.
(2) The employment must be at a classification mentioned in any of Groups 1 to 6 set out in Schedule 1 to the Classification Rules, as in force immediately before 1 July 2013.
60 Establishment of ISAC
(1) The Merit Protection Commissioner may establish an ISAC at the request of a Secretary.
(2) The Merit Protection Commissioner may charge the Secretary a fee for carrying out functions for the Secretary under this Part.
61 Constitution of ISAC
(1) An ISAC must comprise:
(a) a Convenor nominated by the Merit Protection Commissioner; and
(b) a person nominated by the relevant Secretary; and
(c) a Parliamentary Service employee nominated by the Merit Protection Commissioner.
(2) The Merit Protection Commissioner must be satisfied that the Parliamentary Service employee nominated under paragraph (1)(c) has the skills and personal qualities necessary to undertake his or her role independently and impartially.
(3) The Parliamentary Service employee nominated under paragraph (1)(c) must be made available for the purposes of the ISAC, subject to the operational efficiency of the Department in which he or she is employed.
(4) If a member of an ISAC ceases to act as a member before the ISAC has made its recommendation to the relevant Secretary, the ISAC is to be reconstituted by the remaining members and another member nominated in accordance with subclause (1).
(5) The reconstituted ISAC must have regard to matters put before, or decided by, the ISAC as previously constituted.
(6) A person is not subject to direction in carrying out his or her duties as a member of an ISAC, except:
(a) by a Court; or
(b) by instructions issued under clause 63.
62 ISAC procedures—minimum requirements
(1) The procedures used by an ISAC in performing its functions under this Part must meet the following minimum requirements:
(a) the procedures must have due regard to procedural fairness;
(b) the functions must be carried out in private;
(c) the functions of the ISAC must be finished as quickly, and with as little formality, as a proper consideration of the matter allows.
(2) A person appearing before an ISAC must do so without representation unless the Merit Protection Commissioner decides that, in all the circumstances, it would be reasonable to allow the person to be represented.
63 ISAC procedures—Merit Protection Commissioner’s instructions
(1) The Merit Protection Commissioner must, as soon as practicable after the commencement of this clause, issue instructions about the procedures to be followed by an ISAC in performing its functions under this Part.
(2) The Merit Protection Commissioner may issue instructions, in writing, about the procedures to be followed by a Secretary who is appointed, under subclause 65(3), to act on behalf of an ISAC in performing the functions of the ISAC under this Part.
(i) making the delegation mentioned in paragraph (c); and
(ii) if a paying officer is appointed—assisting the paying officer in the repayment of the debt.
(3) If a person is appointed as a paying officer:
(a) the appointment authorises the person to act as a paying officer only in relation to the debtor to whom the appointment relates; and
(b) the person is responsible for making deductions from the debtor’s salary to satisfy the judgement debt against the debtor.
(4) A debtor is not authorised to be the paying officer for himself or herself.
137 Authority to make deductions
(1) Deductions from a debtor’s salary in order to satisfy a judgement debt may be started only if:
(a) the paying officer has received a statutory declaration, made by the judgement creditor, that the judgement debt exists and has not been discharged; and
(b) the paying officer has received a copy of the judgement to which the judgement debt relates, certified by the Registrar or other appropriate officer of the relevant court; and
(c) the paying officer has received the fee (if any) required under clause 138; and
(d) the paying officer has given the debtor a notice in accordance with subclause (2); and
(e) the debtor does not, within the time specified in the notice given under subclause (2), satisfy the paying officer that the judgement debt has been satisfied.
Note: Clause 139 deals with cases where there are 2 or more judgement debts against a debtor.
(2) The paying officer must:
(a) notify the debtor, as soon as practicable, that it is proposed to make the deductions; and
(b) require the debtor to state, in writing, by a time specified in the notice, whether the judgement has been satisfied, and:
(i) if the judgement debt has been satisfied—to give the paying officer evidence in support of that fact; and
(ii) if the judgement debt has not been satisfied—to state the amount due under the judgement at the time the statement is made.
(3) If the debtor does not give the paying officer evidence that the judgement debt has been satisfied by the time specified in the notice under subclause (2), the paying officer must deduct from the debtor’s salary on each pay day for the debtor an amount equal to:
(a) the deduction required under clause 141; or
(b) a lesser amount that, in the paying officer’s opinion, is needed to satisfy the balance of the judgement debt.
(4) After making the first deduction, the paying officer is authorised to continue to make deductions only if the paying officer has no reason to believe that the judgement debt has been discharged.
(5) The paying officer must ensure that the amount of each deduction is paid to the judgement creditor.
138 Administration fee
(1) A judgement creditor (other than the Commonwealth) who requests the payment of a judgement debt must pay a fee of $38 for the making of the deductions.
(2) The fee is the price of the supply of a service for the purposes of the A New Tax System (Goods and Services Tax) Act 1999.
(3) If a judgement creditor (other than the Commonwealth) requests the payment of a judgement debt, but does not pay the fee when making the request, the paying officer must notify the judgement creditor that:
(a) the fee is payable for making the deductions; and
(b) no deductions will be made unless the fee is paid.
139 More than one judgement debt
(1) If more than one judgement debt exists against a debtor, the paying officer:
(a) must deal with the judgement debts in the order in which requests for deductions were received; and
(b) must not make a deduction for the purposes of a particular judgement debt until all judgement debts for which earlier requests were made have been satisfied.
(2) If the paying officer receives 2 or more requests at the same time for the payment of judgement debts against a debtor, the paying officer must deal with the judgement debts in the order of the dates and times at which judgement was given for each debt, starting with the earliest judgement.
140 Effect of deductions
If an amount is paid to a judgement creditor after a deduction is made from the debtor’s salary on a pay day for the debtor:
(a) an amount equal to that amount is taken to have been paid by the Commonwealth to the debtor on account of salary payable to the debtor on that pay day; and
(b) an amount equal to that amount is taken to have been paid by the debtor to the judgement creditor for the purposes of the judgement debt.
141 Rate of deductions
(1) For paragraph 137(3)(a), the rate at which a deduction is to be made from the debtor’s net salary on a pay day for the debtor is 20% unless subclause (2), (3) or (4) applies.
(2) If the paying officer is satisfied that the debtor:
(a) is suffering serious financial hardship; or
(b) would suffer serious financial hardship if the rate of deduction is not reduced;
the paying officer may reduce the rate at which deductions are to be made.
(3) If the debtor asks the paying officer, in writing, to make deductions at a rate greater than 20% of the debtor’s net salary, the paying officer must comply with the request as soon as practicable.
(4) If:
(a) deductions are being made at a rate greater than 20% of the debtor’s net salary; and
(b) the debtor asks a paying officer, in writing, to reduce the rate of the deductions;
the paying officer must reduce the rate as soon as practicable, but is not required to reduce the rate to less than 20%.
142 Move to another Department
(1) If a debtor moves from a Department (Department 1) to another Department (Department 2), the debtor’s paying officer in Department 1 must notify the Secretary of Department 2 of:
(a) the existence of each judgement debt against the debtor; and
(b) the arrangements in Department 1 for making deductions from the debtor’s salary; and
(c) any deductions made for the purposes of each of those judgement debts.
(2) If more than one judgement debt exists against the debtor:
(a) the debtor’s paying officer in Department 1 must advise the Secretary of the order in which the judgement debts were to have been dealt with in accordance with clause 139; and
(b) the paying officer who is appointed in Department 2 in relation to the debtor must deal with the judgement debts in that order.
(3) The paying officer in Department 2 is taken:
(a) to have received the statutory declaration, and copy of the judgement, mentioned in clause 137; and
(b) to have received the fee (if any) required under clause 138; and
(c) to have given to the debtor any notice that was given, in respect of the debtor, by a paying officer in another Department.
(4) The paying officer in Department 2 must notify the judgement creditor of the move, and the deductions that the paying officer will make.
(5) The judgement creditor is not required to pay another fee for the making of deductions.
143 Administration of deductions
(1) A paying officer in relation to a debtor may:
(a) require the judgement creditor to confirm that the judgement debt has not been discharged; and
(b) suspend the making of deductions until the paying officer receives the confirmation.
(2) If a debtor’s employment ceases, or is terminated, for any reason (including the debtor’s death) the paying officer must notify the judgement creditor of the cessation or termination as soon as practicable.
144 Recovery of overpayment
If a payment made to a judgement creditor for the purposes of a judgement debt exceeds the amount due under the judgement, the excess is repayable by the judgement creditor to the debtor.
Part 14—Delegation
145 Delegation by Merit Protection Commissioner
(1) The Merit Protection Commissioner may, in writing, delegate any of the Merit Protection Commissioner’s powers or functions under this determination (other than under this clause) to:
(a) an APS employee made available to the Merit Protection Commissioner by an Agency Head (within the meaning of the Public Service Act 1999); or
(b) a Parliamentary Service employee made available to the Merit Protection Commissioner by the Secretary of the Department in which the employee is employed.
(2) A person exercising powers or functions under a delegation under this clause must comply with any directions of the Merit Protection Commissioner.
146 Delegation by Secretary
(1) A Secretary may, in writing, delegate to a Parliamentary Service employee any of the Secretary’s powers or functions under this determination (other than this clause).
(2) A Secretary may, in writing, delegate to the Parliamentary Librarian any of the Secretary’s powers or functions under this determination (other than this clause).
(3) A Secretary may, in writing and with the prior written consent of the Commissioner, delegate to a person who is not a Parliamentary Service employee any of the Secretary’s powers or functions under this determination (other than this clause).
(4) If a Parliamentary Service employee (the first delegate) to whom powers or functions are delegated under subclause (1) is an SES employee or acting SES employee, the first delegate may, in writing, delegate any of those powers or functions to another Parliamentary Service employee (the second delegate).
(5) However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under subclause (1), the first delegate must give corresponding directions to the second delegate.
(6) If powers or functions are delegated under subclause (2), the Parliamentary Librarian may, in writing, delegate any of those powers or functions to a Parliamentary Service employee.
(7) However, if the Parliamentary Librarian is subject to directions in relation to the exercise of a power or function delegated under subclause (2), the Parliamentary Librarian must give corresponding directions to the Parliamentary Service employee to whom a delegation is given under subclause (6).
(8) A power or function that is exercised or performed by a person under a delegation under subclause (4) or (6) is taken, for the purposes of this determination, to have been exercised or performed by the person who originally delegated the corresponding power or function under subclause (1) or (2).
(9) A person exercising powers or functions under a delegation under this clause must comply with any directions of the person who delegated the power or function.
Part 15—Miscellaneous
147 Use and disclosure of personal information
(1) A Secretary may use personal information in the possession, or under the control, of the Secretary, if the use is necessary for, or relevant to, the performance or exercise of the employer powers of the Secretary.
(2) A Secretary may disclose personal information in the possession, or under the control, of the Secretary if the disclosure is necessary for, or relevant to:
(a) the performance or exercise of the employer powers of the Secretary or another Secretary; or
(b) the exercise of a power or performance of a function of the Commissioner; or
(c) the exercise of a power or performance of a function of the Merit Protection Commissioner; or
(d) the performance of a function of an ISAC.
(3) The Merit Protection Commissioner may disclose personal information in the possession, or under the control, of the Merit Protection Commissioner if:
(a) the information was obtained by the Merit Protection Commissioner during the course of a PRC review or review of action; and
(b) the disclosure is necessary for, or relevant to, a Secretary’s consideration of alleged misconduct by a Parliamentary Service employee.
(4) The Commissioner may use personal information in the possession, or under the control, of the Commissioner if:
(a) the information was obtained as part of the Commissioner’s review or inquiry functions; and
(b) the use is necessary for, or relevant to, an inquiry relating to the Code of Conduct conducted by the Commissioner.
(5) The Commissioner may disclose personal information in the possession, or under the control, of the Commissioner if:
(a) the information was obtained as part of the Commissioner’s review or inquiry functions; and
(b) the disclosure is necessary for, or relevant to, a Secretary’s consideration of alleged misconduct by a Parliamentary Service employee.
(6) Use or disclosure under this clause must be consistent with any guidelines issued by the Commissioner after consultation with the Australian Information Commissioner performing the privacy functions.
Note: Privacy functions has the meaning given by section 9 of the Australian Information Commissioner Act 2010.
(7) Use or disclosure of personal information under this clause is authorised for the purposes of Australian Privacy Principle 6.2(b) under the Privacy Act 1988.
Part 16—Application and transitional provisions
148Definitions
In this Part:
commencement means the day the Parliamentary Service Amendment (Managing Recruitment Activity and Other Measures) Determination 2017 commences.
149 Application—Gazettal of certain employment decisions and promotions
Division 5 of Part 3 of this determination applies in respect of:
(a) an employment decision made on or after commencement; and
(b) an employment decision made before commencement but not notified under Division 5 of this determination as it was in force immediately before commencement.
150 Transitional—use of merit lists
For the purposes of paragraph 20(1)(a) of this determination, a vacancy is taken to be a similar vacancy if the vacancy:
(a) was advertised in the 12 month period occurring before commencement; and
(b) otherwise satisfies the requirements of clause 13 of this determination.
151 Transitional—vacancies notified before commencement
This determination as it was in force immediately before commencement continues to apply in relation to a vacancy if, immediately before commencement:
(a) the vacancy had been notified in the Public Service Gazette; and
(b) a decision had not been made to fill the vacancy.
152 Transitional—engagement on a short term, irregular or intermittent basis
If a person was, immediately before commencement, engaged to perform duties as a non-ongoing Parliamentary Services employee under clause 23 of this determination as it was in force immediately before commencement, then:
(a) the person is taken to be engaged to perform duties as a non-ongoing Parliamentary Services employee under clause 23 of this determination; and
(b) clause 23 of this determination applies in respect of that engagement.
153 Transitional—managing effective performance
This determination as it was in force immediately before commencement continues to apply in relation to performance management taken in respect of a Parliamentary Service employee if:
(a) immediately before commencement, performance management was being taken in respect of the Parliamentary Service employee in accordance with the Act and the requirements of Part 5 of the determination as it was in force immediately before commencement; and
(b) on commencement, that performance management had not ended.
Schedule 1—Dictionary
Note: See clause 4.
In this determination:
Act means the Parliamentary Service Act 1999.
classification means an approved classification within the meaning of the Classification Rules, as in force immediately before 1 July 2013.
classification group means a group of classifications mentioned in Schedule 1 to the Classification Rules, as in force immediately before 1 July 2013.
disability employment service provider means an organisation that facilitates access to employment for persons with disabilities.
discloser has the same meaning as in the Public Interest Disclosure Act 2013.
employer powers, for a Secretary, means the rights, duties and powers of the Secretary under the Act.
employment (other than in clauses 109 and 112) means Parliamentary Service employment.
employment arrangement means any of the following:
(a) a fair work instrument;
(b) a transitional instrument;
(c) a determination under subsection 24(1) or (3) of the Act;
(d) a written contract of employment.
external review body does not include a Court or Tribunal.
fair work instrument has the same meaning as in the Fair Work Act 2009.
higher classification level, for a Parliamentary Service employee, means a classification that is in a higher classification group in Schedule 1 to the Classification Rules (as in force immediately before 1 July 2013) than the employee’s current classification.
Note: To determine whether an APS employee will be engaged at a higher classification in the Parliamentary Service, see clause 2 of Schedule 2.
ISAC means an Independent Selection Advisory Committee established under clause 59.
lower classification, for a Parliamentary Service employee, means a classification that is in a lower classification group than the employee’s current classification.
prohibited content has the same meaning as in section 356 of the Workplace Relations Act 1996, as in force immediately before 30 June 2009.
promotion:
(a) means the ongoing assignment of duties to an ongoing Parliamentary Service employee at a higher classification than the employee’s current classification, in the same or another Department; and
(b) does not include:
(i) the allocation of a higher classification in a broadband to an ongoing Parliamentary Service employee who is already within the same broadband in the same Department; or
(ii) the allocation of a classification to a trainee under rule 11 of the Classification Rules (as in force immediately before 1 July 2013); or
(iii) following a voluntary temporary reduction in the classification of an ongoing Parliamentary Service employee—the assignment, on an ongoing basis, of duties to the employee at the classification that the employee had before the reduction; or
(iv) the assignment, on a temporary basis, of duties to a Parliamentary Service employee at a higher classification than the employee’s current classification.
Promotion Review Committee (or PRC) means a Promotion Review Committee appointed under clause 82.
public interest disclosure has the same meaning as in the Public Interest Disclosure Act 2013.
Public Service Gazette means the Gazette published in electronic form.
Note: The Public Service Gazette may be accessed at Secretary, for review of a Parliamentary Service action, means:
(a) if the action is action by a Secretary—that Secretary; or
(b) if the action is action by a Parliamentary Service employee—the Secretary of the Department in which the employee was employed at the time of the action.
training classification means a classification mentioned in column 2 of Schedule 2 to the Classification Rules, as in force immediately before 1 July 2013.
transitional instrument has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Tribunal means a Tribunal constituted under an enactment.
unlawful term has the same meaning as in the Fair Work Act 1999.
workplace diversity program means a program established by a Secretary under section 18 of the Act.
Schedule 2—Comparison with Public Service Classifications
Note: See clauses 32, 39, 41, 77 and 78.
1 Meaning of comparable classification or lower
A person who is an ongoing APS employee is engaged as an ongoing Parliamentary Service employee at a comparable classification or lower if:
(a) the person is engaged as an ongoing Parliamentary Service employee at a classification mentioned in column 1 for an item in the following table; and
(b) immediately before the engagement, the person was engaged as an ongoing APS employee at the corresponding classification mentioned in column 2 for the item.
Comparable classification or lower Item Column 1
Parliamentary Service group classification
Column 2
APS group classification
1 1 1 2 1,2 2 3 1,2,3 3 4 1,2,3,4 4 5 1,2,3,4,5 5 6 12,3,4,5,6 6 7 1,2,3,4,5,6,7 7 8 1,2,3,4,5,6,7,8 8 9 1,2,3,4,5,6,7,8,9 9 10 1,2,3,4,5,6,7,8,9,10 10 11 1,2,3,4,5,6,7,8,9,10,11 11
2 Meaning of higher classification
A person who is an ongoing APS employee is engaged as an ongoing Parliamentary Service employee at a higher classification if:
(a) the person is engaged as an ongoing Parliamentary Service employee at a classification mentioned in an item in column 1 in the following table; and
(b) immediately before the engagement, the person was engaged as an ongoing APS employee at the corresponding classification mentioned in column 2 of the item.
| Higher classification | ||
| Item | Column 1 Parliamentary Service group classification | Column 2 APS group classification |
| 1 | 2,3,4,5,6,7,8,9,10,11 | 1 |
| 2 | 3,4,5,6,7,8,9,10,11 | 2 |
| 3 | 4,5,6,7,8,9,10,11 | 3 |
| 4 | 5,6,7,8,9,10,11 | 4 |
| 5 | 6,7,8,9,10,11 | 5 |
| 6 | 7,8,9,10,11 | 6 |
| 7 | 8,9,10,11 | 7 |
| 8 | 9,10,11 | 8 |
| 9 | 10,11 | 9 |
| 10 | 11 | 10 |
Schedule 3—Non‑reviewable actions
Note: See clause 95.
| Non‑reviewable actions | |
| Item | |
| 1 | Action about the policy, strategy, nature, scope, resources or direction of the Parliamentary Service or a Department |
| 2 | Action taken, or not taken, in accordance with a direction or reference given by the Presiding Officer under the Act or another Act |
| 3 | The giving of a direction by the Commissioner under subsection 15(6) of the Act |
| 4 | Action taken, or not taken, for an inquiry by: (a) the Commissioner under subsection 40(1) of the Act; or (b) the Merit Protection Commissioner under subsection 48(1) or 48A(1) of the Act |
| 5 | The making of a determination by the Merit Protection Commissioner under paragraph 48A(1) of the Act |
| 6 | Action arising under any of the following Acts: (a) the Australian Security Intelligence Organisation Act 1979; (b) the Safety, Rehabilitation and Compensation Act 1988; (c) the Superannuation Act 1976; (d) the Superannuation Act 1990; (e) the Superannuation Act 2005 |
| 7 | Action relating to the engagement of a Parliamentary Service employee, to the extent that the action is not reviewable under Part 9 of this determination |
| 8 | Action of a PRC |
| 9 | Action relating to the promotion of an ongoing Parliamentary Service employee as an SES employee (whether or not the employee is already an SES employee) |
| 10 | Action relating to the assignment of the duties of a Parliamentary Service employee, unless the action involves: (a) a reduction in classification; or (b) a relocation to another place; or (c) a promotion that meets all of the following criteria: (i) the affected employee was an applicant for the promotion; (ii) the promotion was to employment at a classification mentioned in Group 7 or 8 in Schedule 1 to the Classification Rules, as in force immediately before 1 July 2013; (iii) there were serious defects in the selection process; or (d) the assignment to an employee of duties that the employee could not reasonably be expected to perform |
| 11 | Action relating to a decision by a Secretary, under subclause 39(4), not to include the name of an employee in the Public Service Gazette |
Note: In relation to item 2, see section 20 of the Act. Under that section, a Secretary is not subject to direction by a Presiding Officer in relation to the exercise of powers by the Secretary under Part 4 of the Act in relation to particular individuals.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details fo the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not Incorp)” is added to the details of the amendment included in the amendment history.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s)/subclause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Parliamentary Service Determination 2013 | 28 June 2013 (see F2013L01201) | 1 July 2013 | |
| Parliamentary Service Amendment Determination 2013 (No. 1) | 6 Dec 2013 (see F2013L02060) | 7 Dec 2013 | — |
| Parliamentary Service Amendment (Public Interest Disclosure and Other Matters) Determination 2014 | 28 Mar 2014 (see F2014L00368) | s 1–4 and Sch 1: 29 Mar 2014 Sch 2: 15 Jan 2014 Sch 3: 12 Mar 2014 | — |
| Parliamentary Service Amendment (Notification of Decisions and Other Measures) Determination 2016 | 27 Oct 2016 (see F2016L01649) | 28 October 2016 | — |
| Parliamentary Service Amendment (Managing Recruitment Activity and Other Measures) Determination 2017 | 14 Oct 2017 (see F2017L01353) | 14 October 2017 | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| c 2............................................. | rep LIA s 48D |
| c 5............................................. | rep LIA s 48C |
| Part 2 c 6............................................. par 7(g)............................................. par 9(g)............................................. par 10(b)........................................... Part 3 | rs F2017L01353 rep F2017L01353 am F2017L01353 am F2017L01353 |
| Division 1 c 13................................................. c 13A............................................. Division 3 | rs F2017L01353 ad F2017L01353 |
| Subdivision 1 | |
| Note to c 18............................... | rs No 1, 2013 |
| c 19................................................. c 20................................................. c 21………………………………. Subdivision 2 c 23................................................. c 24................................................. c 25................................................. c 26................................................ c 27................................................. c 28................................................. c 29................................................. c 30................................... c 32........................................... c 33................................................. | rs F2017L01353 rs F2017L01353 rs F2016L01649; F2017L01353 rs F2017L01353 rs F2017L01353 rs F2017L01353 rs F2017L01353 rs F2017L01353 rep F2017L01353 rs F2017L01353 am F2016L01649 rs F2017L01353 am No 1, 2013 rs F2017L01353 rs F2017L01353 |
| Division 4 | |
| c 34................................................. c 35........................................... | rep F2017L01353 am No 1, 2013 rep F2017L01353 |
| c 35A......................................... c 35B c 35C c 36................................................. c 37................................................. | ad No 1, 2013 rs F2017L01353 ad F2017L01353 ad F2017L01353 rep F2017L01353 rep F2017L01353 |
| Division 5 c 39................................................. c 40................................................. c 41................................................. Division 6 | am F2016L01649 rs F2017L01353 am F2016L01649 rs F2017L01353 rs F2017L01353 |
| c 44............................................... . | am F2014L00368 |
| c 45A......................................... | ad No 1, 2013 |
| Part 4 Pt 4................................................... Part 5 c 51................................................... c 52................................................... Part 6 Pt 6................................................... Part 7 c 54(1)........................................... c 55................................................ Part 9 | rep F2017L01353 rs F2017L01353 rs F2017L01353 rep F2017L01353 am F2017L01353 rep F2017L01353 |
| Division 3 | |
| Subdivision 4 | |
| c 104......................................... | am F2014L00368 |
| Part 10 | |
| c 110................................................. c 111................................................. c 112……………………………... | rs F2017L01353 rep F2017L01353 rep F2016L01649 |
| Part 10A | |
| Pt 10A....................................... | ad F2014L00368 |
| c 112A....................................... | ad F2014L00368 |
| Part 11 | |
| Division 1 | |
| Note to c 113(2)........................ | rep F2014L00368 |
| c 113A....................................... | ad F2014L00368 |
| Part 12 Pt 12.......................................... | rep F2014L00368 |
| c 130......................................... | rep F2014L00368 |
| c 131......................................... | rep F2014L00368 |
| c 132......................................... | rep F2014L00368 |
| Part 15 | |
| c 147......................................... | am F2014l00368 |
| Part 16 Pt 16................................................. | am No 1, 2013; F2016L01649 rs F2017L01353 |
| Schedule 1 | |
| Sch 1......................................... | am F2014L00368 |
| Schedule 2 | |
| Sch 2......................................... | am No 1, 2013 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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