Parliamentary Service Amendment Act 2015

Overview

The Parliamentary Service Amendment Act 2015 (C2015A00026) was enacted by the Parliament of Australia to amend the Parliamentary Service Act 1999, addressing a specific need to enhance the oversight and management of the security functions within the Parliamentary zone. The Act received Royal Assent on 1 April 2015, and its purpose is to introduce amendments that allow for the Commissioner of the Australian Federal Police or a nominated Deputy Commissioner or senior executive to be involved in the security arrangements within the Parliamentary zone. The intent behind these amendments is to ensure that the security management within this critical area is both robust and appropriately overseen by qualified professionals. The policy objective of the Act is to provide a more structured and accountable approach to the management and operation of security within the Parliamentary zone, thereby improving the overall security framework and ensuring the safety of the Parliament and its members. By allowing the involvement of the Australian Federal Police in these arrangements, the Act seeks to integrate better security practices and ensure that the security personnel are both competent and authorised to perform their duties effectively. This legislative change aims to fill a gap in the existing security provisions by providing a more defined role for law enforcement in the security of the Parliamentary zone.

Scope and Application

The Parliamentary Service Amendment Act 2015 amends the Parliamentary Service Act 1999 to introduce specific changes to the governance and oversight of the Parliamentary Service. This Act applies to the personnel and operations within the Parliamentary Service, particularly targeting the security and operational aspects managed by the Australian Federal Police (AFP). It extends to the Commonwealth level, governing the activities within the Parliament of Australia. The Act does not explicitly state any exclusions or thresholds but focuses on enhancing the management and operation oversight of security within parliamentary precincts. The changes are implemented through subordinate instruments as specified in Schedule 1, which details the amendments to the existing provisions of the Parliamentary Service Act 1999. The application of these amendments is comprehensive, ensuring that the security management within parliamentary areas is effectively overseen by either the Commissioner of the AFP or other senior officials as nominated by the Presiding Officers.

Key Provisions

The Parliamentary Service Amendment Act 2015 (C2015A00026) amends the Parliamentary Service Act 1999 by making specific changes to the powers and responsibilities of certain individuals within the Australian Federal Police (AFP) in relation to the Parliamentary Security Group (section 65A). The Act extends the authority to approve requests for information or access to records, previously limited to the Commissioner of the Australian Federal Police, to also include a Deputy Commissioner of the Australian Federal Police or a senior executive AFP employee who is nominated by the Presiding Officers in writing (Schedule 1, item 1). Additionally, it broadens the scope of activities that these officials can approve, including the operation of the Parliamentary Security Group, not just its management (Schedule 1, item 2). Under the amended Act, the obligations placed on the AFP and the Presiding Officers are primarily administrative and procedural. The Presiding Officers must formally nominate a Deputy Commissioner or a senior executive AFP employee to act on their behalf, ensuring that there is a clear and documented chain of command for decisions regarding the Parliamentary Security Group (section 65A(2)). The nominated officials must exercise their new powers in accordance with the provisions of the Act and any relevant policies or guidelines established by the AFP and the Parliament (section 65A(5)). The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, any failure to comply with the Act could potentially lead to legal consequences under the broader framework of the Parliamentary Service Act 1999 and the Australian Federal Police Act 1979. These might include disciplinary actions for AFP employees or parliamentary staff, and in more severe cases, criminal charges could be brought for breaches of confidentiality or misuse of information. The maximum penalties would depend on the specific nature of the offence under the broader Acts.