Public Service (Parliamentary Officers) Amendment Regulations 1999 (No. 1) (Cth)
Public Service (Parliamentary Officers) Amendment Regulations 1999 (No. 1)
Statutory Rules 1999 No. 112
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the
Public Service Act 1922. Dated 9 June 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
DAVID KEMP
Minister for Education, Training and Youth Affairs
for the
Prime Minister
made under the
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These regulations are the
Public Service (Parliamentary Officers) Amendment Regulations 1999 (No. 1) .
These regulations commence on gazettal.
Schedule 1 amends the Public Service (Parliamentary Officers) Regulations.
(regulation 3)
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1 Name of regulations These regulations are the
Public Service (Parliamentary Officers) Regulations 1991 .
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Australian law means:
(a) a Commonwealth, State or Territory law; or
(b) an instrument made under such a law.
Code of Conduct means the rules in regulation 7.
[3] Regulation 2, after definition of Parliamentary Service
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Parliamentary Service employee means an officer or an employee.
Parliamentary Service employment means employment as a Parliamentary Service employee.
Parliamentary Service Values means the values in regulation 5.
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Part 3 Parliamentary Service Values and Code of Conduct
Division 1 Parliamentary Service Values and Code of Conduct
5 The Parliamentary Service Values The Parliamentary Service Values are as follows:
(a) the Parliamentary Service provides professional advice and support for the Parliament independently of the Executive Government of the Commonwealth;
(b) the Parliamentary Service provides non-partisan and impartial advice and services to each House of the Parliament, to committees of each House, to joint committees of both Houses and to Senators and to Members of the House of Representatives;
(c) the Parliamentary Service has the highest ethical standards;
(d) the Parliamentary Service performs its functions with probity and is accountable for its actions to the Parliament;
(e) the Parliamentary Service has leadership of the highest quality;
(f) employment decisions in the Parliamentary Service are based on merit;
(g) the Parliamentary Service provides a workplace that is free from discrimination and recognises the diverse backgrounds of Parliamentary Service employees;
(h) the Parliamentary Service establishes cooperative workplace relations based on consultation and communication;
(i) the Parliamentary Service provides a fair, flexible, safe and rewarding workplace;
(j) the Parliamentary Service focuses on achieving results and managing performance;
(k) the Parliamentary Service uses Commonwealth resources properly and cost-effectively.
6 Secretaries must uphold and promote Parliamentary Service Values A Secretary must uphold and promote the Parliamentary Service Values.
7 The Parliamentary Service Code of Conduct
(1) A Parliamentary Service employee must behave honestly and with integrity in the course of Parliamentary Service employment.
(2) A Parliamentary Service employee must act with care and diligence in the course of Parliamentary Service employment.
(3) A Parliamentary Service employee, when acting in the course of Parliamentary Service employment, must treat everyone with respect and courtesy, and without harassment.
(4) A Parliamentary Service employee, when acting in the course of Parliamentary Service employment, must comply with all applicable Australian laws.
(5) A Parliamentary Service employee must comply with any lawful and reasonable direction given by someone in the employee’s Department who has authority to give the direction.
(6) A Parliamentary Service employee must maintain appropriate confidentiality about dealings that the employee has with either House of the Parliament, with any committee of either House, with any joint committee of both Houses, with any Senator or any Member of the House of Representatives or with the staff of any Senator or any Member of the House of Representatives.
(7) A Parliamentary Service employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with Parliamentary Service employment.
(8) A Parliamentary Service employee must use Commonwealth resources in a proper manner.
(9) A Parliamentary Service employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee’s Parliamentary Service employment.
(10) A Parliamentary Service employee must not make improper use of:
(a) inside information; or
(b) the employee’s duties, status, power or authority;
in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.
(11) A Parliamentary Service employee must at all times behave in a way that upholds the Parliamentary Service Values and the integrity and good reputation of the Parliamentary Service.
(12) A Parliamentary Service employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.
(13) A Parliamentary Service employee must comply with any other conduct requirement that is made by either House of the Parliament.
8 Secretaries bound by Code of Conduct A Secretary is bound by the Code of Conduct in the same way as a Parliamentary Service employee.
Division 2 Public interest whistleblowing
9 Protection for whistleblowers A person performing functions in or for a Department must not victimise, or discriminate against, a Parliamentary Service employee because the employee has reported breaches (or alleged breaches) of the Code of Conduct to:
(a) the Secretary or a person authorised by the Secretary; or
(b) the Presiding Officer or a person authorised by the Presiding Officer.
10 Procedures for dealing with reports A Secretary must establish procedures for dealing with reports mentioned in regulation 9.
Note See s 61 of the Act in relation to disciplinary action that may be taken against an officer for breaches of the Code of Conduct.
11 Minimum requirements for procedures The procedures must:
(a) have due regard to procedural fairness and privacy; and
(b) provide that a Parliamentary Service employee may report breaches (or alleged breaches) of the Code of Conduct to the Secretary of the employee’s Department, or a person authorised by the Secretary; and
(c) provide that, if the Presiding Officer agrees that a report relates to an issue that would be inappropriate to report to the Secretary, the employee may make the report to the Presiding Officer, or a person authorised by the Presiding Officer; and
(d) ensure that all reports made by Parliamentary Service employees of breaches (or alleged breaches) of the Code of Conduct are investigated, unless the Secretary or Presiding Officer considers that a particular report is frivolous or vexatious; and
(e) provide information about the protection available under regulation 9 to persons making reports; and
(f) enable Parliamentary Service employees who are not satisfied with the outcome of an investigation by the Secretary to refer the issue to the Presiding Officer, or a person authorised by the Presiding Officer; and
(g) ensure that the findings of an investigation are dealt with as soon as practicable.
Note See s 61 of the Act in relation to disciplinary action that may be taken against an officer.
Division 3 Powers of Secretaries
12 Powers of Secretaries For giving effect to this Part, a Secretary has, for the Commonwealth, all the rights, duties and powers of an employer in relation to Parliamentary Service employees in the Secretary’s Department.
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19 Direction to act in certain offices for more than 12 months or until the occurrence of an event
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1. These regulations amend Statutory Rules 1991 No. 370, as amended by 1993 No. 127.
2. Made by the Governor-General on 9 June 1999, and notified in the
Commonwealth of Australia Gazette
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