Parliamentary Service Amendment Act 2001

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A00914 In force Act

Legislation content

 

 

 

 

Parliamentary Service Amendment Act 2001

 

No. 125, 2001

 

 

 

 

An Act to amend the Parliamentary Service Act 1999, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Mobility of employees and Departmental name changes

Parliamentary Service Act 1999

Parliamentary Service Amendment Act 2001

No. 125, 2001

 

 

 

An Act to amend the Parliamentary Service Act 1999, and for related purposes

[Assented to 27 September 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Parliamentary Service Amendment Act 2001.

2  Commencement

 (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

 (2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Mobility of employees and Departmental name changes

Parliamentary Service Act 1999

1  Section 7

Insert:

non-ongoing APS employee has the same meaning as in the Public Service Act 1999.

2  Section 7

Insert:

ongoing APS employee has the same meaning as in the Public Service Act 1999.

3  Section 26

Repeal the section, substitute:

26  Mobility between Parliamentary Service and Public Service

 (1) An ongoing Parliamentary Service employee is eligible for engagement, at any classification, as an ongoing APS employee. The engagement is subject to review in accordance with regulations under the Public Service Act 1999.

 (2) An ongoing APS employee is eligible for engagement, at any classification, as an ongoing Parliamentary Service employee. The engagement is subject to review in accordance with the determinations.

 (3) A person who moves from:

 (a) employment as an ongoing Parliamentary Service employee to employment as an ongoing APS employee; or

 (b) employment as an ongoing APS employee to employment as an ongoing Parliamentary Service employee;

retains his or her existing or accrued entitlements relating to annual leave, and personal or carer’s leave, (however they may be described).

Note: Service for long service leave purposes is dealt with under the Long Service Leave (Commonwealth Employees) Act 1976, and service for maternity leave purposes is dealt with under the Maternity Leave (Commonwealth Employees) Act 1973.

 (4) If a person moves from one service to another as mentioned in this section, the person stops being an employee of the service from which the person moved when he or she is engaged as an ongoing APS employee or as an ongoing Parliamentary Service employee.

26A  Rights of ongoing employees when engaged as non-ongoing employees of the other service

 (1) If an ongoing Parliamentary Service employee is granted leave without pay to take up employment as a non-ongoing APS employee, the employee:

 (a) retains his or her existing or accrued entitlements relating to annual leave, and personal or carer’s leave, (however they may be described) in respect of employment as a Parliamentary Service employee; and

 (b) when he or she returns to the Parliamentary Service—retains his or her existing or accrued entitlements of that kind in respect of employment as an APS employee.

 (2) If an ongoing APS employee is granted leave without pay to take up employment as a non-ongoing Parliamentary Service employee, the employee:

 (a) retains his or her existing or accrued entitlements relating to annual leave, and personal or carer’s leave, (however they may be described) in respect of employment as an APS employee; and

 (b) when he or she returns to the APS—retains his or her existing or accrued entitlements of that kind in respect of employment as a Parliamentary Service employee.

 (3) Any period of leave without pay referred to in subsection (1) or (2) counts as service for all purposes except accrual of annual leave, or personal or carer’s leave, (however they may be described).

Note: Service for long service leave purposes is dealt with under the Long Service Leave (Commonwealth Employees) Act 1976, and service for maternity leave purposes is dealt with under the Maternity Leave (Commonwealth Employees) Act 1973.

4  After section 54

Insert:

54A  Change of name of Department

 (1) The name of a Department referred to in subsection 54(2) may be changed to a new name by resolutions passed by each House of the Parliament. The change takes effect when the resolutions are passed.

 (2) After the former name is changed, a reference to the former name in a law of the Commonwealth, in a contract to which the Commonwealth is a party or in some other instrument of the Commonwealth has effect as if it were a reference to the new name.

 (3) The Secretary of the Department whose name was changed remains the Secretary of the newly named Department.

 (4) Each Parliamentary Service employee of the Department whose name was changed remains an employee of the newly named Department.

 (5) The terms and conditions of service of the Secretary and of those employees are not altered by the change of name.

 (6) The functions of the newly named Department are not altered by the change of name unless the resolutions passed by each House of the Parliament declare otherwise.

54B  Abolition of Department

  If a Department (the former Department) referred to in subsection 54(2) is abolished and its functions conferred on another Department established under that subsection, a reference to the former Department in a law of the Commonwealth, in a contract to which the Commonwealth is a party or in some other instrument of the Commonwealth has effect as if it were a reference to that other Department.

[Minister’s second reading speech made in—

House of Representatives on 23 August 2001

Senate on 19 September 2001]

 

(164/01)


 

 

 

 

 

Overview

The Parliamentary Service Amendment Act 2001, enacted by the Parliament of Australia, amends the Parliamentary Service Act 1999 to address the mobility of employees between the Parliamentary Service and the Australian Public Service (APS), as well as the implications of departmental name changes. The Act was designed to facilitate smoother transitions for employees moving between these two services, ensuring that they retain their entitlements such as annual leave and personal leave. Additionally, the Act establishes a procedure for changing the names of departments and the legal implications of such changes, ensuring continuity in the functions and employee terms of service. The objective of this Act, as outlined in the Minister’s second reading speech, is to enhance flexibility and responsiveness in the staffing arrangements between the Parliamentary Service and the APS, while also providing clarity and continuity in the event of departmental name changes or abolitions. The Act ensures that employees' rights and entitlements are protected during transitions and that the operational integrity of departments remains unaffected by name changes.

Scope and Application

The Parliamentary Service Amendment Act 2001 amends the Parliamentary Service Act 1999 to facilitate the mobility of employees between the Parliamentary Service and the Australian Public Service (APS). This Act applies to ongoing APS employees and ongoing Parliamentary Service employees, providing a framework for their eligibility for engagement in the other service, subject to review under relevant regulations or determinations. It also ensures that employees retain their entitlements for annual leave, personal leave, and carer’s leave when transitioning between services. The Act allows for the change of name of a Department referred to in the Parliamentary Service Act 1999, with resolutions passed by each House of the Parliament effecting the change and ensuring continuity of service for employees and functions of the Department. The application of the Act is national, affecting entities and employees within the Commonwealth jurisdiction. The Act does not extend its application through subordinate instruments but rather provides specific provisions within its text. The Parliamentary Service Amendment Act 2001 applies to ongoing APS employees and ongoing Parliamentary Service employees, facilitating their transition and retention of entitlements between the two services. The geographic reach of the Act is national, impacting entities and individuals within the Commonwealth. The Act specifies that changes to Department names and the abolition of Departments are governed by resolutions passed by each House of the Parliament, ensuring continuity in service and functions. Notably, the Act does not specify any exclusions or thresholds but provides clear provisions for the mobility and retention of employee entitlements, and the handling of Department name changes and abolitions.

Key Provisions

The Parliamentary Service Amendment Act 2001 introduces significant changes to the Parliamentary Service Act 1999. It primarily focuses on the mobility of employees between the Parliamentary Service and the Australian Public Service (APS) and the procedures for changing the name of a Department. Section 26, which is inserted into the Parliamentary Service Act 1999, provides that an ongoing Parliamentary Service employee is eligible for engagement as an ongoing APS employee, and vice versa, subject to certain reviews and regulations. This section also ensures that employees retain their existing or accrued entitlements such as annual leave and personal or carer's leave when transitioning between the two services. The Act imposes several obligations on both Parliamentary Service employees and APS employees. It mandates that any movement between these two services must comply with the terms specified in the new section 26, which includes the retention of accrued entitlements. Furthermore, Section 26A stipulates that if an ongoing Parliamentary Service employee or an ongoing APS employee is granted leave without pay to take up non-ongoing employment in the other service, they must retain their accrued entitlements relating to annual leave, personal or carer’s leave. This provision also ensures that any period of leave without pay counts as service for all purposes except for the accrual of annual leave or personal or carer’s leave. Regarding the procedural changes for Departmental name changes, Section 54A states that the name of a Department can be altered through resolutions passed by both Houses of Parliament. This change is effective upon the passing of the resolutions. The Act ensures that references to the former name in Commonwealth laws, contracts, or other instruments are interpreted as references to the new name. Importantly, the terms and conditions of service for employees, including the Secretary, remain unchanged, and the functions of the Department are unaffected unless explicitly stated in the resolutions. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given the nature of public service legislation, non-compliance with the mobility provisions or failure to adhere to the stipulated processes for Departmental name changes could potentially result in legal actions for breach of employment terms or administrative penalties. The exact consequences would depend on the specific circumstances and the applicable employment laws or regulations.

Legal classification tags

Area of Law
Employee Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Mobility of Employees
Departmental Name Changes

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.