Public Service (Parliamentary Officers) Regulations 1991 (Cth)

Public Service (Parliamentary Officers) Regulations 1991

Statutory Rules 1991 No. 370 as amended

made under the

Public Service Act 1922

This compilation was prepared on 30 July 2003

taking into account amendments up to SR 1999 No. 112

[Note: The enabling legislation for these Regulations was repealed by Act No. 146 of 1999 on 5 December 1999]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

Part 2 Administration of Departments

Part 3 Parliamentary Service Values and Code of Conduct

Division 1 Parliamentary Service Values and Code of Conduct

Division 2 Public interest whistleblowing

Division 3 Powers of Secretaries

Part 4 Vacancies and temporary performance of duties

Part 5 Discipline

Part 6 Repeals and transitional

 

Part 1Preliminary

  1Name of regulations [see Note 1]

 These regulations are the Public Service (Parliamentary Officers) Regulations 1991.

2Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the Public Service Act 1922.

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.

Department means a Department of the Parliamentary Service.

efficiency, in relation to an officer, has the same meaning as in subregulation 116A (1) of the Public Service Regulations.

employee means a person who:

• (a)

  is employed under the Act; and

• (b)

  performs duties in a Department.

officer means an officer of the Parliamentary Service, but does not include an employee.

Parliamentary Service means:

• (a)

  the Department of the Senate; and

• (b)

  the Department of the House of Representatives; and

• (c)

  the Department of the Parliamentary Library; and

• (d)

  the Department of the Parliamentary Reporting Staff; and

• (e)

  the Joint House Department.

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.

Presiding Officer means:

• (a)

  in the case of a matter relating to the Department of the Senate — the President of the Senate; and

• (b)

  in the case of a matter relating to the Department of the House of Representatives — the Speaker of the House of Representatives; and

• (c)

  in any other case — the President of the Senate and the Speaker of the House of Representatives.

Secretary means:

• (a)

  in the case of the Department of the Senate — the Clerk of the Senate; and

• (b)

  in the case of the Department of the House of Representatives — the Clerk of the House of Representatives; and

• (c)

  in the case of the Department of the Parliamentary Library — the Parliamentary Librarian; and

• (d)

  in the case of the Department of the Parliamentary Reporting Staff — the Principal Parliamentary Reporter; and

• (e)

  in the case of the Joint House Department — the Secretary to the Joint House Department.

Part 2Administration of Departments

  3Awareness of, and compliance with, the Act, regulations and determinations under subsection 9 (7A) and section 82D of the Act

• (1)

  It is the duty of officers and employees to be aware of the provisions of:

  • (a)

    the Act; and

  • (b)

    these Regulations; and

  • (c)

    the Public Service Regulations; and

  • (d)

    the determinations made by the Presiding Officer under subsection 9 (7A) of the Act; and

  • (e)

    the determinations made by the Public Service Board and the Public Service Commissioner under section 82D of the Act, to the extent that they apply to officers and employees of the Parliamentary Service.

  4Advice to the Presiding Officers

   The Secretary may advise the Presiding Officer on matters concerning:

  • (a)

    the management of the Department; and

  • (b)

    the salaries and allowances payable to officers and employees.

Part 3Parliamentary Service Values and Code of Conduct

Division 1Parliamentary Service Values and Code of Conduct

5The 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.

6Secretaries must uphold and promote Parliamentary Service Values

 A Secretary must uphold and promote the Parliamentary Service Values.

7The 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.

8Secretaries bound by Code of Conduct

 A Secretary is bound by the Code of Conduct in the same way as a Parliamentary Service employee.

Division 2Public interest whistleblowing

9Protection 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.

10Procedures 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.

11Minimum 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 3Powers of Secretaries

12Powers 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.

Part 4Vacancies and temporary performance of duties

  17Notification of vacancies

• (1)

  If an office is vacant, the Presiding Officer:

  • (a)

    may notify the vacancy in the Gazette; and

  • (b)

    if the vacancy is notified — must specify in the notice the officer to whom an application for transfer, promotion or appointment to the office is to be addressed.

18Direction to act in an office

• (1)

  The Secretary may, in writing, give a direction to an officer to perform temporarily all, or the part referred to in the direction, of the duties of an office in the Department.

• (2)

  If the direction does not need to be notified under regulation 19, it takes effect on:

  • (a)

    the day it is given to the officer; or

  • (b)

    if a later day is referred to in the direction — that day.

• (3)

  The direction is in force until:

  • (a)

    the end of a day specified in the direction; or

  • (b)

    an event referred to in the direction occurs.

• (4)

  The Secretary must not use the words until further notice, or words with a similar effect, in the direction.

• (5)

  In selecting an officer for a direction to perform the duties of an office of a higher classification, the Secretary must have regard to:

  • (a)

    the officer’s efficiency; and

  • (b)

    the relative importance to the Department of:

    • (i)

      the performance of the duties; and

    • (ii)

      the performance of the other work of the Department; and

  • (c)

    the period during which the duties are to be performed; and

  • (d)

    the costs expected if the officer performs the duties; and

  • (e)

    the need for the officer to gain experience in the performance of the duties; and

  • (f)

    the potential of officers for further career development in the Parliamentary Service.

• (6)

  The Secretary must not give a direction to an officer of a Department, including a Department of the Australian Public Service, without the agreement in writing of the Secretary of that Department.

• (7)

  If the Secretary of the other Department considers that the performance of the duties by the officer would cause substantial difficulty or inefficiency in the management or functioning of the Secretary’s Department, the Secretary may refuse to approve the direction.

• (8)

  The Secretary may, at any time, in writing:

  • (a)

    revoke the direction; or

  • (b)

    vary it by directing the officer not to perform all, or the part referred to in the direction, of the duties.

19Direction to act in certain offices for more than 12 months or until the occurrence of an event

• (1)

  The Secretary must, as soon as practicable after selecting an officer to perform the duties of an office of a higher classification, notify the direction to the officer if it is expressed to continue:

  • (a)

    until the end of a day that, if the officer performs the duties of the office:

    • (i)

      for the period referred to in the direction; or

    • (ii)

      for the sum of the period referred to in the direction and a period referred to in a previous direction;

   is the last day in a continuous period of more than 12 months in which the officer performs the duties; or

  • (b)

    until an event referred to in the direction occurs.

• (2)

  The direction takes effect on:

  • (a)

    the day it is notified; or

  • (b)

    if a later day is referred to in the notice — that day.

Part 5Discipline

  20Who pays the costs of an inquiry if no action is recommended?

• (1)

  This regulation applies if:

  • (a)

    a Board of Inquiry is established under subsection 57 (5) of the Act to inquire into a charge of misconduct against a Secretary; and

  • (b)

    a recommendation is made to the Governor-General under paragraph 57 (7) (a) of the Act that he or she take no action in respect of the misconduct of the Secretary.

• (2)

  The Board of Inquiry must determine whether all or part of the costs incurred in that inquiry by the Secretary should be paid by the Secretary’s Department.

• (3)

  If the Board of Inquiry determines that the Secretary’s Department should pay all or part of the Secretary’s costs, the Department must pay the amount to the Secretary.

21Who pays the costs of an inquiry if it lapses?

• (1)

  This regulation applies if an inquiry conducted under subsection 57 (5) of the Act lapses because of:

  • (a)

    the death; or

  • (b)

    the mental or physical incapacity; or

  • (c)

    the compulsory retirement;

  of the Secretary to whom the inquiry relates.

• (2)

  An application for the payment of the costs that were reasonably incurred by the Secretary in relation to the inquiry may be made to the Secretary’s Department by:

  • (a)

    the Secretary; or

  • (b)

    a person administering the Secretary’s affairs or estate under a law of the Commonwealth, a State or a Territory; or

  • (c)

    a member of the Secretary’s family who is responsible for administering the Secretary’s affairs.

• (3)

  If an application is made, the Secretary’s Department must pay the amount of the costs to the applicant.

22A record must be kept if disciplinary action is taken

• (1)

  This regulation applies if action, other than counselling, is taken under section 57, 58, 62, 63, 63D, 63K, 63M or 63S of the Act in relation to a Secretary or an officer.

• (2)

  The Presiding Officer must record the action taken in relation to the Secretary in an official conduct record maintained in relation to the Secretary.

• (3)

  In relation to an officer who is not a Secretary, the Secretary must record the action taken in relation to the officer in an official conduct record maintained in relation to the officer.

• (4)

  The Presiding Officer or Secretary must not record the action taken during the period in which the action is, or may become, the subject of an appeal to a Disciplinary Appeal Committee under section 63D or 63P of the Act.

• (5)

  Subject to subregulation (6), the record of action taken must be kept in the official conduct record for a period of:

  • (a)

    if the Secretary or officer has been admonished — 2 years; and

  • (b)

    in any other case — 5 years;

  after the date on which the action is taken.

• (6)

  If:

  • (a)

    a record of action taken is made in the official conduct record; and

  • (b)

    a record of action taken is subsequently made in the official conduct record before the end of the period for which the first-mentioned record must be kept;

  the first record must be kept until the end of the period for which the second record must be kept.

• (7)

  The Presiding Officer or Secretary must destroy the record of action taken at the end of the relevant period referred to in subregulation (5) or (6).

• (8)

  If the officer to whom the official conduct record relates is promoted, transferred or appointed to an office in another Department, the Department from which he or she is appointed, transferred or promoted must give the official conduct record to the other Department.

• (9)

  If the officer is dismissed from the Parliamentary Service or reduced to an office of lower classification, this regulation does not require:

  • (a)

    the removal of a reference to the dismissal or reduction from a record other than his or her official conduct record; or

  • (b)

    the destruction of a record of that kind.

• (10)

  Nothing in this regulation is to affect the taking, keeping or maintenance of a record other than an official conduct record under the Act, these Regulations or the Public Service Regulations.

• (11)

  If, before this regulation commences:

  • (a)

    a record of punishment or action taken has been made in an official conduct record; and

  • (b)

    the record of punishment or action taken has not been destroyed;

  the record is taken to have been made under this regulation on the date on which it was made.

Part 6Repeals and transitional

  23Repeal of the Public Service (Parliamentary Officers) Regulations

• (1)

  Statutory Rules 1941 Nos. 18 and 309, 1942 No. 249, 1947 Nos. 13, 62, 154 and 165, 1951 Nos. 26, 27, 78 and 117, 1952 No. 54, 1953 Nos. 72 and 94, 1954 Nos. 86 and 120, 1955 No. 44, 1956 Nos. 56 and 57, 1957 No. 26, 1958 Nos. 19, 44 and 66; 1959 No. 61; 1960 Nos. 78 and 92, 1961 No. 98, 1962 No. 6, 1963 Nos. 3, 66, 83, 119 and 123, 1964 Nos. 41, 42, 80, 132, 148 and 160, 1965 Nos. 43, 53, 118, 150 and 181, 1966 Nos. 59, 60, 92, 122, 143 and 161, 1967 Nos. 38, 73, 95 and 156, 1968 Nos. 56, 84, 93, 116, 137 and 157, 1969 Nos. 75, 173 and 174, 1970 Nos. 27, 79 and 160, 1972 Nos. 41 and 85, 1973 Nos. 3, 167, 223 and 224, 1974 Nos. 10 and 183, 1975 No. 22, 1976 No. 2, 1978 No. 190, 1979 Nos. 178 and 297, 1980 Nos. 404 and 405, 1981 Nos. 65 and 159 and 1982 No. 405 (in this regulation called the former Regulations) are repealed.

• (2)

  In spite of subregulation (1), a determination, under subregulation 36B (2) of the former Regulations, of the date on which an officer is deemed to have commenced duty as an officer is taken to continue in force.

Notes to the Public Service (Parliamentary Officers) Regulations 1991

Note 1

The Public Service (Parliamentary Officers) Regulations 1991 (in force under the Public Service Act 1922) as shown in this compilation comprise Statutory Rules 1991 No. 370 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1991 No. 370	27 Nov 1991	27 Nov 1991
1993 No. 127	17 June 1993	1 July 1993	—
1999 No. 112	17 June 1999	17 June 1999	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
R. 1.........................................	rs. 1999 No. 112
R. 2.........................................	am. 1993 No. 127; 1999 No. 112
Part 2
R. 3.........................................	am. 1999 No. 112
R. 5.........................................	rep. 1999 No. 112
Part 3 (rr. 6–16)....................	rep. 1993 No. 127
Part 3
Division 1 of Part 3
Part 3......................................	ad. 1999 No. 112
Rr. 5–12.................................	rep. 1993 No. 127
R. 5.........................................	ad. 1999 No. 112
R. 6.........................................	ad. 1999 No. 112
R. 7.........................................	ad. 1999 No. 112
R. 8.........................................	ad. 1999 No. 112
Division 2 of Part 3
R. 9.........................................	ad. 1999 No. 112
R. 10.......................................

ad. 1999 No. 112
R. 11.......................................	ad. 1999 No. 112
Division 3 of Part 3
R. 12.......................................	ad. 1999 No. 112
Rr. 13–16...............................	rep. 1993 No. 127
Part 4
R. 17.......................................	am. 1999 No. 112
R. 18.......................................	am. 1999 No. 112
Heading to r. 19....................	rs. 1999 No. 112
R. 19.......................................	am. 1999 No. 112
Part 6
R. 23.......................................	am. 1993 No. 127