Parliamentary Service Determination 2013 (Cth)

Parliamentary Service Determination 2013

made under the

Parliamentary Service Act 1999

Compilation No. 3

Compilation start date: 28 October 2016

Includes amendments up to: Parliamentary Service Amendment (Notification of Decisions and Other Measures) Determination 2016

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 28 October 2016 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............................................................................. 3
9 Parliamentary Service Value 4—Accountable.......................................................................... 3
10 Parliamentary Service Value 5—Impartial.............................................................................. 3

Part 3—Parliamentary Service employment 5
Division 1—Preliminary 5
11 Definitions.............................................................................................................................. 5
12 Meaning of vacancy............................................................................................................... 5
13 Meaning of similar vacancy.................................................................................................... 5
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................................................................................................. 8
20 Notification of vacancy in 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.................................................. 11
24 Engagement of non‑ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances 11
25 Engagement of ongoing SES employee as non‑ongoing SES employee.............................. 11
26 Affirmative measure—Aboriginal and Torres Strait Islanders............................................. 12
27 Affirmative measure—intellectual disability......................................................................... 12
28 Affirmative measure—person unable to participate in selection process.............................. 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 ongoing APS employee as ongoing Parliamentary Service Employee......... 15
33 Re‑engagement of former Parliamentary Service employee.................................................. 15

Division 4—Assignment of duties and movement between Departments 16
34 Definition............................................................................................................................. 16
35 Minimum requirements for assignment of duties at or below classification......................... 16
35A Moves between Departments............................................................................................ 16
36 Minimum requirements for temporary assignment of higher duties..................................... 17
37 Assignment from non‑SES classification to SES classification............................................ 17

Division 5—Notification of employment decisions 18
38 Purpose of Division............................................................................................................. 18
39 Notification of decisions in Public Service Gazette.............................................................. 18
40 Cancellation decisions that must be notified in Gazette......................................................... 20
41 Date of effect of promotion.................................................................................................. 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 4—Workplace Diversity 25
46 How a Secretary upholds Employment Principle on non‑discrimination.............................. 25
47 How a Secretary upholds Employment Principle on diversity.............................................. 25
48 Measures for workplace diversity programs........................................................................ 25
49 Workplace diversity program to be published...................................................................... 25
50 Review of workplace diversity program............................................................................... 26

Part 5—Performance management 27
51 How a Secretary upholds Employment Principle on effective performance......................... 27
52 Initiating Code of Conduct proceedings in relation to performance matters.......................... 27

Part 6—Safe workplaces 28
53 How Secretary upholds Employment Principle on providing a safe workplace etc.............. 28

Part 7—Code of Conduct 29
54 Allegations of breach of Code of Conduct by Secretary or statutory office holder............... 29
55 Employee movement not to take effect pending resolution of Code of Conduct investigation 29
56 Duty not to disclose information.......................................................................................... 30
57 Statutory office holder bound by Code of Conduct.............................................................. 31
58 Limitation on sanctions for breaches of Code of Conduct.................................................... 32

Part 8—ISACs 33
59 Function of ISAC................................................................................................................. 33
60 Establishment of ISAC......................................................................................................... 33
61 Constitution of ISAC........................................................................................................... 33
62 ISAC procedures—minimum requirements......................................................................... 34
63 ISAC procedures—Merit Protection Commissioner’s instructions...................................... 34
64 Assistance to ISAC.............................................................................................................. 34
65 Assessment and recommendation by ISAC......................................................................... 34
66 Non‑agreement on recommendation by ISAC...................................................................... 35
67 ISAC recommendation not binding...................................................................................... 35
68 Effect of acting on ISAC recommendation........................................................................... 35
69 Effect of not acting in accordance with ISAC recommendation............................................ 36
70 Offence................................................................................................................................. 36

Part 9—Review of actions 37
Division 1—Preliminary 37
71 General policy about review................................................................................................. 37
72 Outline of Part...................................................................................................................... 37
73 Review of certain promotion and engagement decisions...................................................... 37
74 Review of other Parliamentary Service action...................................................................... 37
75 Secretary’s responsibility..................................................................................................... 38
76 Definition............................................................................................................................. 38

Division 2—Review of certain Parliamentary Service promotion decisions and engagement decisions (including decisions involving APS employees) 39
77 Application of Division 2..................................................................................................... 39
78 Entitlement for review—promotion decision........................................................................ 39
79 Entitlement for review—engagement decision...................................................................... 40
80 Grounds for review.............................................................................................................. 40
81 Application for review.......................................................................................................... 41
82 Appointment of PRC............................................................................................................ 41
83 Constitution of PRC............................................................................................................. 42
84 Statements by parties............................................................................................................ 42
85 Frivolous or vexatious applications...................................................................................... 43
86 PRC procedures—minimum requirements........................................................................... 43
87 PRC procedures—Merit Protection Commissioner’s instructions....................................... 43
88 Assistance to PRC................................................................................................................ 43
89 Requirement to provide information or documents............................................................... 44
90 Conduct of review by PRC.................................................................................................. 44
91 Non‑agreement on decision by PRC.................................................................................... 44
92 Effect of PRC decision......................................................................................................... 44
93 Offence................................................................................................................................. 45

Division 3—Application by Parliamentary Service employees for review of other actions 46
Subdivision 1—Reviewable action 46
94 Entitlement for review.......................................................................................................... 46
95 What Parliamentary Service action is reviewable action....................................................... 46

Subdivision 2—Primary review 48
96 Application for primary review............................................................................................ 48
97 Referral to Merit Protection Commissioner.......................................................................... 48
98 Notice that action not reviewable.......................................................................................... 49
99 Conduct of review by Secretary........................................................................................... 49
100 Conduct of review by Merit Protection Commissioner...................................................... 50

Subdivision 3—Secondary review 50
101 Application for secondary review....................................................................................... 50
102 Secretary to give documents to Merit Protection Commissioner........................................ 50
103 Conduct of review.............................................................................................................. 50

Subdivision 4—Action following recommendation to Secretary 51
104 Action by Secretary............................................................................................................ 51

Subdivision 5—Other provisions about review 52
105 Review procedures—minimum requirements..................................................................... 52
106 Requirement to provide information or documents............................................................. 52
107 Making of application does not operate as stay.................................................................. 52
108 Offence............................................................................................................................... 52

Part 10—Other employment matters 54
109 Knowledge obligation......................................................................................................... 54
110 Restrictions on engaging redundancy benefit recipients..................................................... 54
111 Termination of employment of non‑ongoing Parliamentary Service employees................. 55

Part 10A—Commissioner 57
112A Commissioner’s functions—inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct.................................................................................................................................... 57

Part 11—Merit Protection Commissioner 59
Division 1—Prescribed functions 59
113 Prescribed functions........................................................................................................... 59
113A Merit Protection Commissioner’s functions—inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct......................................................................................................... 59

Division 2—Basic procedural requirements for Code of Conduct inquiries 61
114 Basic requirements for procedures for determining breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee.................................................................................. 61

Division 3—Complaints of former employees 62
115 Investigation of complaints by former employees.............................................................. 62

Division 4—Review of determination of breach of Code of Conduct by former Parliamentary Service employee 63
116 Entitlement for review........................................................................................................ 63
117 Application for review........................................................................................................ 64
118 Notice that action not reviewable........................................................................................ 64
119 Conduct of review.............................................................................................................. 64
120 Review procedures—minimum requirements..................................................................... 64
121 Requirement to provide information or documents............................................................. 65
122 Making of an application does not operate as stay.............................................................. 65
123 Offence............................................................................................................................... 65

Division 5—Review of actions of statutory office holders 66
124 Review of actions of statutory office holders who are not Secretaries................................ 66

Division 6—Miscellaneous 67
125 Independence of Merit Protection Commissioner............................................................... 67
126 Entrusted person................................................................................................................. 67
127 Protected information......................................................................................................... 67
128 Compellability of entrusted persons to give evidence......................................................... 67
129 Giving information or producing documents...................................................................... 67

Part 13—Attachment of salaries to satisfy judgement debts 68
133 Definitions.......................................................................................................................... 68

134 Application of this Part....................................................................................................... 68
135 Application of State and Territory law................................................................................ 68
136 Paying officer..................................................................................................................... 69
137 Authority to make deductions............................................................................................. 69
138 Administration fee.............................................................................................................. 70
139 More than one judgement debt........................................................................................... 70
140 Effect of deductions............................................................................................................ 71
141 Rate of deductions.............................................................................................................. 71
142 Move to another Department.............................................................................................. 71
143 Administration of deductions............................................................................................. 72
144 Recovery of overpayment................................................................................................... 72

Part 14—Delegation 73
145 Delegation by Merit Protection Commissioner................................................................... 73
146 Delegation by Secretary...................................................................................................... 73

Part 15—Miscellaneous 75
147 Use and disclosure of personal information....................................................................... 75

Part 16—Transitional provisions 76

148 Decision to terminate employment of ongoing Parliamentary Service employee................ 76
149 Decision to cancel termination decision.............................................................................. 76
150 Retirement by SES employee with payment of incentive.................................................... 76

Schedule 1—Dictionary 77

Schedule 2—Comparison with Public Service Classifications 79

Schedule 3—Non‑reviewable actions 81

Endnotes82
Endnote 1—About the endnotes  82
Endnote 2—Abbreviation key  84
Endnote 3—Legislation history  86
Endnote 4—Amendment history  87
Endnote 5—Uncommenced amendments [none]  89
Endnote 6—Modifications [none]  89
Endnote 7—Misdescribed amendments [none]  89
Endnote 8—Miscellaneous [none]  89

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 working actively to provide 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 internally (within a Department), and externally;
(e) promoting continuous improvement and managing change effectively;
(f) contributing to a culture of achievement;
(g) identifying and managing areas of potential risk;
(h) supporting a unified Parliamentary Service;
(i) pursuing and supporting training and development to improve capability;
(j) managing time and priorities to deliver intended results;
(k) 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;
(g) supporting the strategic objectives of the Department;
(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 through performance management systems.

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 question the ability of the individual to serve the Parliament;
(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 similar to a vacancy that is notified under clause 20 (a notified vacancy) if the vacancy and the notified vacancy:
(a) are in the same Department; and
(b) are for the same category of employment (ongoing or non‑ongoing); and
(c) relate to the performance of similar duties in a similar location.

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
(1) A competitive selection process for a decision to engage or promote a person to fill a vacancy meets the requirements of this Subdivision only if the following apply:
(a) the vacancy:
(i) is notified in the Public Service Gazette in accordance with clause 20; or
(ii) is a vacancy for which there was a similar vacancy notified in the Public Service Gazette in accordance with clause 20;
(b) the aim and purpose of the selection process is determined in advance and information about the process is readily available to:
(i) each candidate for the vacancy; or
(ii) if there was a similar vacancy—each candidate for the similar vacancy;
(c) the selection process operates fairly in relation to:
(i) each candidate; or
(ii) if there was a similar vacancy—each candidate for the similar vacancy;
(d) the selection process is transparent and appropriately documented;
(e) merit is the primary consideration in making the engagement or promotion decision, in accordance with paragraph 10A(1)(c) of the Act;
(f) the selection process is free from discrimination, patronage and favouritism, in accordance with the Employment Principle mentioned in paragraph 10A(1)(f) of the Act;
(g) in the case of a decision to engage a person—the engagement would comply with the restrictions on engagement of redundancy benefit recipients in clause 110.
Note 1: Subdivision 2 provides modifications of and exceptions to the requirements in this Subdivision for certain kinds of engagement and promotion decisions.
Note 2: Division 2 provides for matters regarding the engagement of non‑ongoing employees.

(2) For paragraph (1)(e), secondary considerations that may be relevant to the selection decision include such factors as the ability to commence by a particular date, willingness to relocate or ability to meet other reasonable departmental requirements.

20 Notification of vacancy in 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, or a similar vacancy, in the Department is notified in the Public Service Gazette within a period of 12 months before the written decision to engage or promote a person; and
(b) the vacancy is notified as open to all eligible members of the community; and
(c) the vacancy is notified with a closing date for applications of at least 7 days after the notification (unless otherwise approved by the Commissioner).

Notification of SES vacancies—external advertising
(2) A vacancy at an SES classification must be notified in the Public Service Gazette as open to all eligible members of the community.
Restricting applications to Parliamentary Service and APS employees (other than APS Level 1 and training classifications)
(3) Despite subclause (1), 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 or APS employee, the vacancy may, with the agreement of the Commissioner, be notified in the Public Service Gazette as open only to persons who are Parliamentary Service employees or APS employees at the time of the notification.
(4) Subclause (3) does not apply in relation to a vacancy at the APS Level 1 classification or a training classification.
Multiple Department notification
(5) A Department participating in a multiple Department selection process must ensure that there is adequate notification of the vacancy under its own name in the Public Service Gazette (for example, by means of a heading followed by a link to the multiple Department notification).
External advertising
(6) If a vacancy notified in the Public Service Gazette as open to all eligible members of the community is also advertised externally (for example on a recruitment website) the external advertising must take place within 4 weeks before or 4 weeks after the Public Service Gazette notification.
Re‑notification requirement
(7) If:
(a) a vacancy is notified in the Public Service Gazette as open only to persons who are Parliamentary Service employees or APS employees; and
(b) the Secretary subsequently decides to advertise the vacancy externally as open to all eligible members of the community;

the vacancy must be re‑notified in the Public Service Gazette with the changed eligibility provision.

21 Additional requirements for SES engagement or promotion decisions
A selection process that results in a decision to engage or promote a person as an SES employee meets the requirements of this Subdivision only if, in addition to the requirements in clause 19, 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.
Note: Clause 20 requires the decision to be made within 12 months after the notification of the vacancy in the Public Service Gazette on which the selection process was based.

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 employee without complying with Subdivision 1 if:
(a) the engagement is for a specified term or the duration of a specified task; and
(b) for an engagement for a specified term—the period of the engagement is not more than 12 months, including any expected extension.

(2) A Secretary may engage a person to perform duties as a non‑ongoing employee without complying with Subdivision 1 if the engagement is for duties that are irregular or intermittent.
(3) A Secretary must ensure as far as practicable that a vacancy to which this clause applies 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, for example by advertising and providing access to non‑ongoing employment registers.
(4) The Secretary must be satisfied that the person to be engaged has the work‑related qualities required to perform the relevant duties.
Note: Clauses 15 and 16 provide for matters regarding the engagement of non‑ongoing employees.

24 Engagement of non‑ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances
(1) A Secretary may, in writing, ask the Commissioner to authorise the Secretary to engage a non‑ongoing Parliamentary Service employee as an ongoing Parliamentary Service employee without complying with Subdivision 1, if the Secretary is satisfied that:
(a) the duties to be performed by the employee are more appropriately undertaken by an ongoing employee than by a non‑ongoing employee; and
(b) the person to be engaged has the work‑related qualities required to perform the duties; and
(c) the engagement is at the person’s classification (or equivalent) as a non‑ongoing Parliamentary Service employee; and
(d) the 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 Subdivision 1; and
(e) the engagement is necessary for the Department’s operations.

(2) The Commissioner may authorise the engagement if the Commissioner is satisfied that exceptional circumstances exist to justify the engagement.

25 Engagement of ongoing SES employee as non‑ongoing SES employee
A Secretary may engage a person who is an ongoing SES employee to perform duties as a non‑ongoing SES employee without complying with Subdivision 1 if:
(a) the person is to be engaged for a specified term or specified task; and
(b) the person resigns as an ongoing SES employee in order to commence the engagement mentioned in paragraph (a); and
(c) the engagement is at the same classification as the person’s current SES classification or at a lower SES classification.
Note: The engagement of non‑ongoing SES employees is subject to clause 15.

26 Affirmative measure—Aboriginal and Torres Strait Islanders
(1) In notifying a vacancy in accordance with paragraph 20(1)(b), a Secretary may, consistently with Commonwealth law, identify a vacancy as open only to an Aboriginal or a Torres Strait Islander.
(2) The Secretary must ensure that a decision to fill the vacancy complies with Subdivision 1 in all other respects.
(3) The Secretary must ensure that the selection process for the vacancy identified under this clause accepts as applicants only persons who:
(a) are of Aboriginal and/or Torres Strait Islander descent; and
(b) identify as Aboriginal and/or Torres Strait Islander; and
(c) are accepted by their community as being Aboriginal and/or Torres Strait Islander.

27 Affirmative measure—intellectual disability
(1) In notifying a vacancy in accordance with paragraph 20(1)(b), a Secretary may, consistently with Commonwealth law, identify a vacancy as open only to a person with an intellectual disability.
(2) The Secretary must ensure that a decision to fill the vacancy complies with Subdivision 1 in all other respects.
(3) The Secretary must ensure that the selection process for the vacancy identified under this clause accepts as applicants only persons with an appropriate referral or assessment by a registered medical practitioner or a disability employment service provider.

28 Affirmative measure—person unable to participate in selection process
(1) This clause applies in relation to a person with a disability who has been assessed by a disability employment service provider as likely to be unable, because of the disability, to compete successfully on merit in a competitive selection process that complies with Subdivision 1.
(2) A Secretary may engage the person as a Parliamentary Service employee to fill a vacancy without complying with Subdivision 1 if the vacancy is designed and created, or identified as suitable, for the person in consultation with the disability employment service provider.

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 without complying with Subdivision 1 if:
(a) the person is an employee of a State or Territory, or of 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.

30 Re‑engagement of election candidates
(1) Subdivision 1 does not apply to the proposed re‑engagement of a person:
(a) who contests an election prescribed in subclause (5); and
(b) to whom section 32 of the Act applies; and
(c) who applies to the Secretary for re‑engagement:
(i) within the time limit; or
(ii) if the Commissioner has made a declaration under subclause (4)—as soon as practicable after the person receives notice of the declaration; and
(d) if the person’s previous engagement was non‑ongoing:
(i) whose engagement would not have ended had the person not resigned to contest the election; and
(ii) who applies to the Secretary for re‑engagement before the engagement would have ended had the person not resigned.

(2) The re‑engagement must:
(a) be on the same basis (ongoing or non‑ongoing) as the person’s previous engagement; and
(b) involve duties that:
(i) are the same as, or similar to, the duties the person performed immediately before the resignation; or
(ii) if those duties are unavailable—are at the same classification as the person’s duties immediately before the resignation; and
(c) be on:
(i) the terms and conditions that applied to the person immediately before the person resigned; or
(ii) if a term or condition applying to the person’s classification has changed since the person resigned—the terms and conditions mentioned in subparagraph (i) as modified by the change.

(3) The continuity of the service of the person 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 how entitlements to long Service leave and paid maternity leave are affected by resignation to contest an election, see the Long Service Leave (Commonwealth Employees) Act 1976 and the Maternity Leave (Commonwealth Employees) Act 1973.

(4) The Commissioner may declare that the engagement of a person is a re‑engagement in accordance with this clause if the Commissioner considers it appropriate to do so.
Note: For example, if the Department in which a person was employed before resigning to contest an election is no longer responsible for the duties the person performed, or no longer exists, the Commissioner may consider it appropriate to make the declaration.

(5) For subclause (1), the following elections are prescribed:
(a) an election of a House of the Parliament of the Commonwealth or of a State;
(b) an election of the Legislative Assembly of the Australian Capital Territory or the Northern Territory;
(c) an election of the Torres Strait Regional Authority established under Division 5 of Part 3A of the Aboriginal and Torres Strait Islander Act 2005.

(6) In this clause:
time limit, for a person who contests an election, means:
(a) if the result of the election is not disputed—2 months after the declaration of the result; or
(b) if the result of the election is disputed—2 months after the petition disputing the result is decided by a court of disputed returns, or is withdrawn or lapses.

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 ongoing APS employee as ongoing Parliamentary Service Employee
A Secretary may, without complying with Subdivision 1, 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 former Parliamentary Service employee
(1) A Secretary may re‑engage a former employee as an ongoing or non‑ongoing Parliamentary Service employee without complying with Subdivision 1 if the Secretary is satisfied that the re‑engagement is appropriate because:
(a) following an investigation of the circumstances in which the person’s former engagement ended, the Secretary is satisfied that the engagement should not have ended; or
(b) the re‑engagement gives effect to a settlement of an application for relief in relation to the termination of the employee’s engagement; or
(c) an appropriate authority has recommended or ordered the reinstatement of the person.
Note: Examples of appropriate authorities include the Federal Court of Australia, the Fair Work Commission and the Australian Human Rights Commission.

(2) The re‑engagement must be:
(a) on the same basis (ongoing or non‑ongoing) as the person’s former engagement; and
(b) at the same or a lower classification.

Division 4—Assignment of duties and movement between Departments

34 Definition
In this Division:
section 25 decision means a decision made by a Secretary under section 25 of the Act.

35 Minimum requirements for assignment of duties at or below classification
A Secretary must ensure that a section 25 decision relating to the ongoing or temporary assignment of duties to an employee at or below the employee’s classification (including where this involves a movement from another Department):
(a) is based on an assessment of the employee’s work‑related qualities and the work‑related qualities required to perform the relevant duties; and
(b) takes into account efficient and effective organisational performance.
Note 1: Subsection 23(4) of the Act restricts the circumstances where an employee’s classification may be reduced without the employee’s consent.
Note 2: Subdivision 1 of Division 3 imposes additional obligations in relation to promotions.

35A Moves between Departments
(1) This clause applies to the movement of a Parliamentary Service employee from one Department (the old Department) to another Department (the new Department) that is not associated with a promotion.
(2) A written agreement between the Parliamentary Service employee and the Secretary of the new Department for the employee to move to that Department has effect subject to this clause and clause 55.
Ongoing move
(3) For an ongoing move:
(a) if the Parliamentary Service employee and the Secretaries of the old and new Departments agree, in writing, on a date of effect, the move takes effect on the agreed date; and
(b) if paragraph (a) does not apply, the move takes effect 4 weeks after the Parliamentary Service employee informs the Secretary of the old Department, in writing, of the proposed move.

Temporary move
(4) For a temporary move:
(a) if the Secretary of the old Department has agreed, in writing, on a date of effect and a date of return to the old Department, the move takes effect according to the terms of the agreement; and
(b) if paragraph (a) does not apply, and the Parliamentary Service employee commences duties in the new Department:
(i) the move takes effect on the date the Parliamentary Service employee commences the duties; and
(ii) the move takes effect as an ongoing move to that Department at the Parliamentary Service employee’s existing classification.

Variation of period of agreement
(5) If there is an agreement mentioned in paragraph (4)(a), and the Parliamentary Service employee and the Secretary of the new Department agree to vary the period of the move:
(a) if the Secretary of the old Department approves the variation, in writing, the variation has effect according to its terms; and
(b) if the Secretary of the old Department does not approve the variation, in writing, the variation has no effect.

36 Minimum requirements for temporary assignment of higher duties
(1) A Secretary must ensure that a section 25 decision relating to the temporary assignment of duties to an employee at a higher classification level (including where this involves a temporary transfer from another Department):
(a) is based on an assessment of the employee’s work‑related qualities and the work‑related qualities required to perform the relevant duties; and
(b) takes into account efficient and effective organisational performance.

(2) A section 25 decision mentioned in subclause (1) must also take into account the following matters:
(a) the duration of the duties to be performed and whether it would be more appropriate to perform those duties on an ongoing basis;
(b) the relative importance to the Department of the duties to be performed at the higher classification level and the other duties to be performed in the Department;
(c) the expected cost to the Department of the employee performing duties at the higher classification level;
(d) the need for Parliamentary Service employees to be given the opportunity to gain experience in performing duties at a higher classification level.
Note: Subdivision 1 of Division 3 imposes additional obligations in relation to promotions.

37 Assignment from non‑SES classification to SES classification
A section 25 decision relating to the assignment of duties on an ongoing basis at an SES classification to an employee who is not an SES employee may be made only if:
(a) the employee’s classification is in the same classification group as the SES classification; and
(b) the Commissioner authorises the decision.
Note: For paragraph (a), see the definition of classification group in the Dictionary.

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.

39 Notification of decisions in Public Service Gazette
(1) A Secretary must notify an employment decision of any of the following kinds in the Public Service Gazette:
(a) an engagement of a person as an ongoing Parliamentary Service employee (including under paragraph 72(1)(c) or (d) of the Public Service Act 1999);
(b) an engagement of a person as a Parliamentary Service employee for a specified term of more than 12 months or for the duration of a specified task that is reasonably expected to take more than 12 months (including under paragraph 72(1)(c) or (d) of the Public Service Act 1999);
(c) in relation to a person who is engaged as a Parliamentary Service employee for a specified term of 12 months or less—an extension of the engagement that results in the term of engagement being more than 12 months;
(d) a movement (other than a temporary movement) by an ongoing Parliamentary Service employee to perform duties in another Department, if the vacancy was notified in the Public Service Gazette;
(e) an assignment of duties (other than a temporary assignment of duties) to an ongoing Parliamentary Service employee in a Department, if the vacancy was notified in the Public Service Gazette;
(f) the promotion of an ongoing Parliamentary Service employee;
(g) 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 (f);
(h) the engagement of an ongoing APS employee as an ongoing Parliamentary Service employee if the engagement:
(i) follows a decision of a Promotion Review Committee mentioned in subparagraph 90(1)(b)(iii); and
(ii) has not been notified under paragraph (a);
(i) 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).

(2) The employment 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) If the employment decision is:
(a) a decision to engage, promote or move a person, or assign the duties of a person; and
(b) made on the basis that the person is required to satisfy an eligibility requirement (such as a security or character clearance);

the 3 month period mentioned in subclause (2) is taken to commence at the time the eligibility requirement is met.

(4) A notification must include the employee’s name unless the Secretary decides that the name should not be included because of the employee’s work‑related or personal circumstances.
(5) The Secretary may only make a decision under subclause (4) if:
(a) the Secretary has obtained the approval of the Commissioner; and
(b) for a decision that relates to a non‑SES employee—the Commissioner has consulted the Merit Protection Commissioner on the decision.

(6) If a notification that does not include the employee’s name relates to a promotion that is subject to review:
(a) the Secretary’s Department must, on or before the day of the notification, notify all parties who are eligible to seek review of the promotion so they are aware of their rights of review; and
(b) the Department must, at the same time as the parties are notified, advise the Merit Protection Commissioner that eligible parties have been notified.

(7) If an engagement notified under paragraph (1)(a), or a promotion notified under paragraph (1)(f), was made as a result of a selection process that complied with Subdivision 1 of Division 3 in relation to a similar vacancy, the notification of the decision must include a statement to the following effect:
This engagement/promotion is made following a selection process that complies with Subdivision 1 of Division 3 of Part 3 of the Parliamentary Service Determination 2013 (similar vacancy previously notified).

(8) If an engagement notified under paragraph (1)(a) is the engagement of a person who:
(a) was an ongoing APS employee immediately before the engagement; and
(b) was engaged at a higher classification than the person’s classification as a APS employee worked out in accordance with clause 2 of Schedule 2;

the notification of the decision 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.
Note: See Schedule 2 for comparison of Parliamentary Service classifications with APS classifications.

(9) If an engagement notified under paragraph (1)(a) was made under clause 24 (engagement of non‑ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances), the notification of the decision must include a statement to the following effect:
This engagement was authorised by the Commissioner under clause 24 of the Parliamentary Service Determination 2013—exceptional circumstances.

40 Cancellation decisions that must be notified in Gazette
(1) A Secretary must notify a decision (a cancellation decision) to cancel a decision of any of the following kinds in the Public Service Gazette within 3 months after the cancellation decision is made:
(a) an engagement of a person notified under paragraph 39(1)(a) or (b);
(b) an extension of an engagement notified under paragraph 39(1)(c);
(c) a movement notified under paragraph 39(1)(d);
(d) an assignment of duties notified under paragraph 39(1)(e);
(e) a promotion notified under paragraph 39(1)(f) (whether the cancellation decision is made by the Secretary, or is the result of a decision of a Promotion Review Committee) or (g);
(f) a termination notified under paragraph 39(1)(i).

(2) The notification of a cancellation decision must include:
(a) the date of effect of the cancellation decision; and
(b) the name of the person to whom the cancellation decision relates, unless the original notification did not include the name.

41 Date of effect of promotion
(1) Subject to clause 55, this clause applies to 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 higher classification than the employee’s APS classification, worked out in accordance with clause 2 of Schedule 2.

Not subject to review
(2) If the promotion decision is not subject to PRC review, the decision takes effect:
(a) if a date of effect has been agreed that is not earlier than the notification—that date; or
(b) otherwise—4 weeks after notification.

No application for review
(3) If the promotion decision is subject to PRC review, but no application for review is made before the end of the application period, the decision takes effect:
(a) if a date of effect has been agreed that is not earlier than the end of the application period—that date; or
(b) otherwise—2 weeks after the end of the application period.

Application for review is withdrawn
(4) If the promotion decision is subject to PRC review and an application for review is made before the end of the application period, but is withdrawn before the PRC makes a decision on the application, the decision takes effect:
(a) if a date of effect has been agreed that is not earlier than the end of the application period—that date; or
(b) otherwise—2 weeks after the Secretary is notified of the withdrawal of the application.

Application for review lapses
(5) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period and a PRC is appointed, but the application lapses before the PRC completes the review, the decision takes effect:
(a) if a date of effect has been agreed that is after the Secretary is notified of the lapse of the application—that date; or
(b) otherwise—2 weeks after the Secretary is notified.

PRC is not appointed
(6) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period, but the Merit Protection Commissioner decides under clause 82 that it is not necessary to appoint a PRC to deal with the application, the decision takes effect:
(a) if a date of effect has been agreed that is after the Secretary is notified of the decision of the Merit Protection Commissioner—that date; or
(b) otherwise—the later of:
(i) the day the Secretary is notified; and
(ii) 4 weeks after the notification.

PRC upholds original promotion decision
(7) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period and a PRC is appointed, and the PRC upholds the decision, the promotion decision takes effect:
(a) if a date of effect has been agreed that is after the Secretary is notified of the decision of the PRC—that date; or
(b) otherwise—4 weeks after the Secretary is notified.

PRC varies original promotion decision
(8) If the promotion decision is subject to PRC review, an application for review is made before the end of the application period and a PRC is appointed, and the PRC varies the decision, the promotion decision takes effect:
(a) if a date of effect has been agreed that is after the Secretary is notified of the decision of the PRC—that date; or
(b) otherwise—4 weeks after the Secretary is notified.

(9) In this clause:
application period, for a promotion decision, means the period in which an application for PRC review of the decision may be made (including any extension of that period).
notification, for a promotion decision, means the notification of the decision under clause 39.
PRC review means review by a Promotion Review Committee under Part 9 of this determination.
(10) In this clause, a reference to a date of effect of a promotion decision having been agreed is a reference to a date that has been agreed as the date of effect by:
(a) the Parliamentary Service employee; and
(b) the Secretary of the employee’s Department; and
(c) if the employee is moving from another Department—the Secretary of that Department.

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 4—Workplace Diversity

46 How a Secretary upholds Employment Principle on non‑discrimination
A Secretary of a Department must uphold the Employment Principle mentioned in paragraph 10A(1)(f) of the Act by putting in place measures in the Department directed at ensuring that all relevant anti‑discrimination laws are complied with.

47 How a Secretary upholds Employment Principle on diversity
A Secretary must uphold the Employment Principle mentioned in paragraph 10A(1)(g) of the Act by:
(a) implementing the workplace diversity program established under section 18 of the Act; and
(b) putting in place any other measures that are, in the Secretary’s view, required to ensure that:
(i) the diversity of Parliamentary Service employees is recognised, fostered and used to the best advantage of the workplace, taking into account the organisational and business goals of the Department and the skills required to perform relevant duties; and
(ii) employees are helped to balance their work, family and other caring responsibilities effectively.

48 Measures for workplace diversity programs
A workplace diversity program for a Department must include measures directed at ensuring that:
(a) the corporate, business and human resource plans of the Department demonstrate that the Department values the diverse backgrounds of its employees, and values and is able to access and make use of the diverse skills and experience of its employees; and
(b) workplace structures, systems and procedures assist employees in balancing their work, family and other caring responsibilities effectively; and
(c) the diversity of the Australian community is reflected in the Department’s strategies to attract, recruit and retain employees, in line with the Department’s organisational and business goals and the skills required to perform relevant duties.

49 Workplace diversity program to be published
(1) As soon as practicable after establishing a workplace diversity program for a Department, the Secretary of the Department must publish the program on the Department’s website.
(2) If the Secretary revises the workplace diversity program in any way, the Secretary must, as soon as practicable after revising the program, publish the revised program on the Department’s website.

50 Review of workplace diversity program
The Secretary of a Department must review the Department’s workplace diversity program at least every 4 years to ensure that the program continues:
(a) to assist in giving effect to the Employment Principles mentioned in paragraph 10A(1)(f) and (g) of the Act; and
(b) to achieve the outcomes mentioned in clause 48.

Part 5—Performance management

51 How a Secretary upholds Employment Principle on effective performance
(1) This clause sets out how the Secretary of a Department must uphold the Employment Principle mentioned in paragraph 10A(1)(d) of the Act.
(2) The Secretary must put in place measures that support effective performance by the Department’s employees by ensuring that the Department does the following:
(a) builds the capability necessary to achieve the outcomes properly expected by the Parliament;
(b) has fair and open performance management processes and practices that support a culture of high performance, in which all performance is effectively managed;
(c) provides each employee with a clear statement of the performance and behaviour expected of the employee, and an opportunity to discuss the employee’s responsibilities;
(d) requires employees to participate constructively in Department‑based performance management processes and practices;
(e) invests in building the capability of managers to manage performance effectively;
(f) uses departmental performance management processes to guide salary movement and reward.

52 Initiating Code of Conduct proceedings in relation to performance matters
If the conduct of a Parliamentary Service employee raises concerns that relate to both effective performance and possible breaches of the Code of Conduct, the Secretary must, before making a decision to initiate an inquiry under procedures established by the Secretary under subsection 15(3) of the Act, have regard to any relevant standards and guidance issued by the Commissioner.

Part 6—Safe workplaces

53 How Secretary upholds Employment Principle on providing a safe workplace etc
(1) A Secretary must uphold the Employment Principle mentioned in paragraph 10A(1)(e) of the Act by putting in place measures directed at ensuring that the relevant Department complies with all applicable work health and safety legislation.
(2) Parliamentary Service employees must take proper steps to support these measures, having regard to their duties and responsibilities.

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 whistleblower’s report, 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.

55 Employee movement not to take effect pending resolution of Code of Conduct investigation
(1) This clause applies if:
(a) either:
(i) an ongoing Parliamentary Service employee in a Department is suspected of having breached the Code of Conduct; or
(ii) an ongoing APS employee is suspected of having breached the APS Code of Conduct; and
(b) the employee has been informed of any matters set out in directions made under subsection 15(6) of the Act or subsection 15(6) of the Public Service Act 1999; and
(c) the Secretary of the Department (the original Secretary), or head of the APS agency, in which the employee is employed has not yet determined whether the breach occurred; and
(d) a decision has been made that, apart from this clause, would result in the movement of the employee:
(i) between Departments (including on promotion); or
(ii) under section 26 of the Act to a Department.

(2) Unless the original Secretary or head of the APS agency, and the Secretary of the Department to which the employee would be moving, agree otherwise, the movement (including on promotion) does not take effect until the matter is resolved.
(3) For this clause, the matter is taken to be resolved when:
(a) a determination is made in relation to the suspected breach; or
(b) it is decided that a determination is not necessary.

(4) In this clause:
APS Code of Conduct means the rules in section 13 of the Public Service Act 1999.

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) However, an affected former employee is entitled to review of the determination if the Merit Protection Commissioner considers that there are exceptional circumstances explaining the failure to make an application within the period mentioned in subclause (3).
Example: The affected former employee could demonstrate that the affected former employee did not receive notification of the determination.

(5) The affected former employee:
(a) is also entitled to review as mentioned in clause 117; and
(b) is not entitled to any other review.

117 Application for review
(1) An affected former employee mentioned in clause 119 may apply, in writing, to the Merit Protection Commissioner for review of the determination.
(2) The application must state briefly:
(a) why the review is sought; and
(b) if a particular outcome is sought—the outcome sought.

118 Notice that action not reviewable
If an application for review of a determination is made and the determination is not reviewable under subclause 116(2)(b) or (3), the Merit Protection Commissioner must tell the affected former employee in writing:
(a) that the determination is not reviewable; and
(b) the reasons why the determination is not reviewable.

119 Conduct of review
If the Merit Protection Commissioner considers that the affected former employee is entitled to review under this division, the Merit Protection Commissioner:
(a) must review the determination; and
(b) may, subject to the minimum requirements mentioned in clause 120, conduct the review in any manner the Merit Protection Commissioner thinks fit; and
(c) must make a recommendation to the Secretary, in writing, about the determination; and
(d) must tell the Secretary, in writing, the reasons for the recommendation; and
(e) must tell the affected former employee in writing of the recommendation and reasons given to the Secretary.

120 Review procedures—minimum requirements
(1) The procedures used for a review conducted under this Division must meet the following minimum requirements:
(a) the procedures must have due regard to procedural fairness;
(b) the review must be conducted in private;
(c) the review must be finished as quickly, and with as little formality, as a proper consideration of the matter allows.

(2) A person appearing before the Merit Protection Commissioner 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.

121 Requirement to provide information or documents
(1) The Merit Protection Commissioner may, by written notice given to a Secretary or Parliamentary Service employee, require the Secretary or Parliamentary Service employee to give the Merit Protection Commissioner stated information or documents relevant to the review.
(2) The Secretary or employee must give the information or documents in the way, and at or within the time, stated in the notice.

122 Making of an application does not operate as stay
The making of an application for review of a determination under this Division does not operate to stay the determination.

123 Offence
(1) A person commits an offence if the person obstructs the Merit Protection Commissioner in carrying out his or her functions under this Division.
Penalty: 10 penalty units.

(2) Strict liability applies to the physical element of an offence that the functions being carried out by the Merit Protection Commissioner were functions under this Division.

Division 5—Review of actions of statutory office holders

124 Review of actions of statutory office holders who are not Secretaries
(1) A non‑SES employee may apply to the Merit Protection Commissioner for review of an action of a statutory office holder that:
(a) relates to the employee’s Parliamentary Service employment; and
(b) is not a termination of the employee’s employment; and
(c) if the statutory office holder were a Secretary, would be reviewable action for Division 3 of Part 9.

(2) The Merit Protection Commissioner may, by written notice given to the statutory office holder, require the statutory office holder to give the Merit Protection Commissioner:
(a) a report about the action; and
(b) other stated information or documents relevant to the review.

(3) The statutory office holder must give the report and other information or documents in the way, and at or within the time, stated in the notice.
(4) The Merit Protection Commissioner must:
(a) review the action; and
(b) make a recommendation to the statutory office holder in writing about the action; and
(c) tell the statutory office holder in writing of the reasons for the recommendation; and
(d) tell the employee in writing of the recommendation and reasons given to the statutory office holder.

(5) If the Merit Protection Commissioner is not satisfied with the statutory office holder’s response to the Merit Protection Commissioner’s recommendation, the Merit Protection Commissioner may give a report on the matter to the Presiding Officers.
(6) In this clause:
statutory office holder means a person who holds any office or appointment under the 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.

Division 6—Miscellaneous

125 Independence of Merit Protection Commissioner
The Merit Protection Commissioner is not subject to direction in carrying out his or her duties under Part 8 or 9 of this determination, except by a Court.

126 Entrusted person
For paragraph (e) of the definition of entrusted person in subsection 65AB(1) of the Act, a member of a committee established or appointed by the Merit Protection Commissioner under this determination is prescribed.

127 Protected information
For paragraph (c) of the definition of protected information in subsection 65AB(1) of the Act, information that was obtained by an entrusted person in connection with the performance of functions or duties, or the exercise of powers, under clause 124 is prescribed.

128 Compellability of entrusted persons to give evidence
For paragraph 65AB(7)(d) of the Act, information that was obtained by an entrusted person in connection with the performance of functions or duties, or the exercise of powers, under clause 124 is prescribed.

129 Giving information or producing documents
For paragraph 65AD(2)(b) of the Act, clause 124 is prescribed.

Part 13—Attachment of salaries to satisfy judgement debts

133 Definitions
(1) In this Part:
debtor means a Secretary or a Parliamentary Service employee who owes a judgement debt.
net salary has the meaning given by subclause (2).
paying officer, in relation to a debtor, means a person appointed under clause 136 who is responsible for dealing with the debtor.
total gross salary has the meaning given by subclause (3).
(2) The net salary of a debtor is the debtor’s total gross salary, less any amount to be deducted:
(a) to pay income tax; or
(b) to pay child support in accordance with the Child Support (Assessment) Act 1989; or
(c) as a contribution that:
(i) the debtor is required to make to a superannuation fund relating to the debtor’s engagement in the Department; and
(ii) is the minimum amount required by law or the rules of the fund.

(3) The total gross salary of a debtor is the amount of:
(a) the debtor’s gross salary as a Secretary or a Parliamentary Service employee (not including any payment of compensation under the Safety, Rehabilitation and Compensation Act 1988); and
(b) the allowances, in the nature of salary, that are paid regularly to the debtor;

without any reduction for salary sacrifice arrangements or other arrangements with a similar purpose.

134 Application of this Part
This Part does not apply in relation to a debtor:
(a) whose estate has been sequestrated, either voluntarily or compulsorily, for the benefit of creditors; and
(b) who has not yet obtained a certificate of discharge.

135 Application of State and Territory law
A law of a State or a Territory that deals with satisfying a judgement debt:
(a) applies to a debtor’s judgement debt to the extent that the law deals with the calculation of interest on the debt; and
(b) does not apply to the judgement debt for any other purpose.

136 Paying officer
(1) If a Secretary believes that the making of deductions from a debtor’s salary is required, the Secretary must appoint one or more persons as paying officers for the purpose of making those deductions.
(2) However, if the Secretary is the debtor:
(a) the Secretary must not appoint a paying officer under subclause (1); and
(b) the Secretary must act under this subclause without considering whether the making of deductions from the Secretary’s salary is required; and
(c) the Secretary must, in writing, delegate his or her power under subclause (1) to appoint a paying officer to an SES employee in the Department; and
(d) the SES employee must:
(i) decide whether the making of deductions from the Secretary’s salary is required; and
(ii) if the SES employee decides that the making of the deductions is required—appoint a person as a paying officer for the purpose of making those deductions; and
(e) the Secretary must not take any action, or make any arrangement, in relation to the administration under this Part of the Secretary’s debt, other than:
(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—Transitional provisions

148 Decision to terminate employment of ongoing Parliamentary Service employee
(1) This clause applies if, before the commencement of the Parliamentary Service Amendment (Notification of Decisions and Other Measures) Determination 2016 (the amendment determination):
(a) a Secretary had made a decision (a termination decision) to terminate the employment of an ongoing Parliamentary Service employee under section 29 of the Act (other than for breach of the Code of Conduct); and
(b) the termination had taken effect; and
(c) the termination decision had not been notified in the Gazette.

(2) Despite the amendments made by the amendment determination, clause 39 of this determination, as in force immediately before the commencement of the amendment determination, continues to apply in relation to the termination decision.

149 Decision to cancel termination decision
(1) This clause applies in relation to a decision (a cancellation decision) by a Secretary to cancel a decision (a termination decision) to terminate the employment of an ongoing Parliamentary Service employee under section 29 of the Act (other than for breach of the Code of Conduct), if:
(a) the termination decision has been notified in the Gazette; and
(b) the cancellation decision has not been notified in the Gazette.

(2) Despite the amendments made by the Parliamentary Service Amendment (Notification of Decisions and Other Measures) Determination 2016 (the amendment determination), clause 40 of this determination, as in force immediately before the commencement of the amendment determination, continues to apply in relation to the cancellation decision.

150 Retirement by SES employee with payment of incentive
(1) This clause applies if, before the commencement of the Parliamentary Service Amendment (Notification of Decisions and Other Measures) Determination 2016 (the amendment determination):
(a) an SES employee had been given a notice under section 37 of the Act; and
(b) the employee had retired within the period specified in the notice; and
(c) the retirement had not been notified in the Gazette.

(2) Despite the amendments made by the amendment determination, clause 39 of this determination, as in force immediately before the commencement of the amendment determination, continues to apply in relation to the retirement.

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) 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 —
Endnote 4—Amendment history

Provision affected How affected

Part 1

c 2............................................. rep LIA s 48D

c 5............................................. rep LIA s 48C

Part 3

Division 3

Subdivision 1

Note to c 18............................... rs No 1, 2013

c 21……………………………….

Subdivision 2

par 30(3)(b)

Note to c 32...............................

rs F2016L01649

am F2016L01649

rs No 1, 2013

Division 4

c 35........................................... am No 1, 2013

c 35A......................................... ad No 1, 2013

Division 5

par 39(1)(i)……………………….

par 39(1)(j)……………………….

par 40(1)(f)……………………….

par 40(1)(g)……………………….

Division 6

rs F2016L01649

rep F2016L01649

am F2016L01649

rep F2016L01649

c 44         am F2014L00368

c 45A......................................... ad No 1, 2013

Part 9

Division 3

Subdivision 4

c 104......................................... am F2014L00368

Pt 10

c 112……………………………... 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

Pt 12.......................................... rep F2014L00368

c 130......................................... rep F2014L00368

c 131......................................... rep F2014L00368

c 132......................................... rep F2014L00368

Part 15

c 147......................................... am F2014l00368

Part 16

hdg………………..….……………

rs F2016L01649

c 148……………………………...

c 149……………………………...

c 150.........................................

c 151……………………………...

c 152……………………………...

c 153……………………………..

rs F2016L01649

rs F2016L01649

am No 1, 2013

rs F2016L01649

rep F2016L01649

rep F2016L01649

rep F2016L01649

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]

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

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

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

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(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

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	—

Provision affected	How affected
Part 1
c 2.............................................	rep LIA s 48D
c 5.............................................	rep LIA s 48C
Part 3
Division 3
Subdivision 1
Note to c 18...............................	rs No 1, 2013
c 21………………………………. Subdivision 2 par 30(3)(b) Note to c 32...............................	rs F2016L01649 am F2016L01649 rs No 1, 2013
Division 4
c 35...........................................	am No 1, 2013
c 35A.........................................	ad No 1, 2013
Division 5 par 39(1)(i)………………………. par 39(1)(j)………………………. par 40(1)(f)………………………. par 40(1)(g)………………………. Division 6	rs F2016L01649 rep F2016L01649 am F2016L01649 rep F2016L01649
c 44	am F2014L00368
c 45A.........................................	ad No 1, 2013
Part 9
Division 3
Subdivision 4
c 104.........................................	am F2014L00368
Pt 10
c 112……………………………...	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
Pt 12..........................................	rep F2014L00368
c 130.........................................	rep F2014L00368
c 131.........................................	rep F2014L00368
c 132.........................................	rep F2014L00368
Part 15
c 147.........................................	am F2014l00368
Part 16 hdg………………..….……………	rs F2016L01649
c 148……………………………... c 149……………………………... c 150......................................... c 151……………………………... c 152……………………………... c 153……………………………..	rs F2016L01649 rs F2016L01649 am No 1, 2013 rs F2016L01649 rep F2016L01649 rep F2016L01649 rep F2016L01649
Schedule 1
Sch 1.........................................	am F2014L00368
Schedule 2
Sch 2.........................................	am No 1, 2013