Parliamentary Service Classification Rules 2010

Administered by Department of the Prime Minister and Cabinet

Legislation au F2010L00760 Rules Not in force Legislative Instrument

Legislation content

 

 

Parliamentary Service Classification Rules 2010

Explanatory statement

Circulated by authority of the Presiding Officers

 

 

Section 23 of the Parliamentary Service Act 1999 (the Act) empowers the Presiding Officers to make rules about the classifications of Parliamentary Service employees by notice in the Gazette after consulting the Parliamentary Service Commissioner.

 

The Parliamentary Service Classification Rules 2010 (these Rules) repeal and replace the Parliamentary Service Classification Rules 2000/1 gazetted on 13 December 2000 and registered on the Federal Register of Legislative Instruments (FRLI) on 13 November 2006.

 

The Presiding Officers have consulted with the Commissioner in the making of these Rules.

 

Section 7 of the Legislative Instruments Act 2003 (LI Act) specifies that instruments under s23 of the Act are legislative instruments. However, sections 44 and 54 of the LI Act provide that these instruments are not subject to disallowance and sunsetting.

 

As instruments under s23 of the Act are made by gazettal and require registration to bring them into effect, these Rules will be gazetted and then registered on the FRLI and have been drafted to take effect on the day following registration.

Purpose and Scope of Determination

 

These Rules will make the following departures from the Parliamentary Service Classification Rules 2000/1:

 

a)      the adoption in rule 5 of terminology consistent with the Fair Work Act;

b)      the removal from rule 6 (formerly rule 5) of some transitional provisions needed at the commencement of the Act;

c)      the addition of a new rule 7 to clarify the application of the rules to employees on temporary movements between departments (this rule has the same effect as a rule added to the Australian Public Service Classification Rules 2000 in 2000); and

d)      the removal of redundant job-specific classifications from the Schedule of approved classifications.

Consultation

 

In addition to the Presiding Officers’ consultation with the Parliamentary Service Commissioner, there has been consultation between the three parliamentary departments. Officers of the Department of Education, Employment and Workplace Relations have been consulted on the changes mentioned in item (a) of the paragraph above.

Impact

 

The changes have no foreseeable financial or other impact.

 

 

 

Authority: Section 23 of the Parliamentary Service Act 1999.

 

Notes on Rules

 

Rule 1  Name of Rules

 

These rules are called the Parliamentary Service Classification Rules 2010.

Rule 2  Commencement

 

These rules commence on the day after they are registered on the Federal Register of Legislative Instruments.

Rule 3  Repeal of Classification Rules 2000

 

Rule 3 repeals the Parliamentary Service Classification Rules 2000/1.

Rule 4  Dictionary

The Dictionary at the end of the Classification Rules defines certain words and expressions and refers to words and expressions defined elsewhere in these rules (subrule 4(1)). The dictionary also includes words and expressions relevant to these rules that are defined in the Parliamentary Service Act 1999 (subrule 4(2)). A definition in these rules applies to each use of the word or expression in the rules, unless the contrary intention appears (subrule 4(3)).

Rule 5  Approved classifications

 

Rule 5 defines an approved classification as a classification under a modern award, a transitional APCS or a transitional award-based instrument as is force at a particular time or from time to time; or a classification or training classification listed in the Schedules to these rules.

 

The Note to rule 5 provides that these rules may apply, adopt or incorporate provisions of a modern award or transitional APCS.

Rule 6  Classification of employees

 

Subrules 6(1) and (2) require a Secretary to allocate to each employee an approved classification based on the group of duties that the Secretary determines that the employee is to perform. Subrule (2) also allows for exception from this requirement in the case of employees assigned duties temporarily.

Rule 7 Classification of employees on temporary moves between Departments

 

Subrule 7(1) provides that rule 7 applies to a Secretary if an ongoing Parliamentary Service employee moves to the Secretary’s department for a specified period or for the duration of a specified task in accordance with an agreement made under clause 3.2.5 of Parliamentary Service Determination 2003/2.

 

Subrule 7(2) provides that, where rule 7 applies, rule 6 does not apply and the Secretary must allocate to the employee the classification allocated to the employee immediately before the employee’s move to the Department or another approved classification in the same classification group.

 

Subrule 7(3) provides that the classification allocated to the employee in accordance with subrule (2) does not limit the duties that are to be performed by the employee in the Department or the pay and other entitlements to be paid to the employee.

Rule 8  Classifications of SES employees

 

Rule 8 provides that an employee is classified as an SES employee if the employee’s classification is any of the classifications listed in the rule.

Rule 9  Classification of duties

 

A Secretary must allocate to each group of duties performed in the Department the appropriate approved classification based on the work value requirements of the group of duties (subrules 9(1) and (2)).

 

Subrule 9(3) provides that, if a training classification is allocated to a group of duties, the duties must include a requirement to undergo training.

 

Subrule 9(4) provides that, if a group of duties involves work value requirements applying to more than one classification, the Secretary may allocate more than one classification to the group of duties. A group of duties involving two or more classifications is a broadband.

 

Subrule 9(5) provides that a group of duties to be performed by an SES employee may not be broadbanded.

Rule 10 Work level standards

 

Rule 10 provides that a Secretary must issue, for each classification applying to a group of duties in the Department, written work level standards reflecting the work value requirements for the classification

Rule 11 Training classifications

 

Subrule 11(1) provides that, where an ongoing employee:

  • is engaged at a training classification listed in Column 2 of Schedule 2; and
  • completes the training requirements for that classification,

the Secretary must allocate to the employee the relevant classification listed in Column 3 of Schedule 2.

 

Subrule 11(2) provides that, where a non-ongoing employee:

  • is engaged, on merit, at a training classification listed in Column 2 of Schedule 2;
  • completes the training requirements for that classification; and
  • the Secretary offers the employee engagement as an ongoing employee,

the Secretary must allocate to the employee the relevant classification listed in Column 3 of Schedule 2.

 

Note—in all cases covered by subrules 11(1) and (2), the training classification is Apprentice and the classification to be allocated on completion of the training is APS2.

Rule 12 Reduction in classification

 

Rule 12 provides that the classification of an employee is reduced if the Secretary allocates to the employee a classification that is in a lower classification group than the classification previously allocated to the employee.

Rule 13 Delegation

 

Subrule 13(1)  provides that a Secretary may delegate to a person any of his or her powers under these rules, other than the power of delegation. Subrule (2) requires that delegation to an ‘outsider’ may occur only with the prior written consent of the Parliamentary Service Commissioner.

 

Subrule (3) provides that a substantive or acting SES employee who is a delegate of a Secretary (the first delegate) may sub-delegate powers to another person (the second delegate). However, if a Secretary has given any directions to the first delegate, the first delegate must give the same directions to the second delegate (subrule (4)). A power or function exercised or performed by a second delegate is taken to have been exercised or performed by the first delegate (subrule (5)). A person exercising powers or functions under delegation must comply with any directions properly given (subrule (6).

 

Subrule 7 defines an outsider (for the purposes of subrule (2)) as a person who is neither a Parliamentary Service employee nor a person appointed to an office by the Presiding Officers.

Schedule 1 Approved classifications

 

Schedule 1 lists the 8 non-SES and 3 SES classification groups and the corresponding classifications approved for Parliamentary Service employment.

Schedule 2 Training classifications

 

Schedule 2 lists the one training classification and the classification to be allocated to employees who have completed the training requirements of the training classification.

Dictionary

 

The dictionary defines words and expressions used in these rules and in the Parliamentary Service Act 1999 (where relevant), as provided for in rule 4.

Overview

The Parliamentary Service Classification Rules 2010 were introduced under the authority of the Parliamentary Service Act 1999, which empowers the Presiding Officers to make rules regarding the classification of Parliamentary Service employees. Enacted by the Parliament of Australia, these rules were designed to address the need for an updated and streamlined classification system that aligns with contemporary legislative frameworks and operational requirements. The rules replace the older Parliamentary Service Classification Rules 2000/1, reflecting changes in terminology and removing outdated transitional provisions to ensure clarity and efficiency in employee classification. Additionally, the rules clarify the classification process for employees temporarily moving between departments, ensuring consistency and fairness in their classification and entitlements. The rules were developed following consultations with the Parliamentary Service Commissioner and relevant parliamentary departments, ensuring a balanced and practical approach to classification. These rules are intended to have no significant financial or operational impact while enhancing the effectiveness and relevance of the classification system.

Scope and Application

The Parliamentary Service Classification Rules 2010 govern the classification of employees within the Parliamentary Service, as mandated by Section 23 of the Parliamentary Service Act 1999. These rules apply to all employees within the Parliamentary Service, including those in both non-SES and Senior Executive Service (SES) positions, as well as to the duties and tasks they are assigned. The rules are applicable across the Commonwealth jurisdiction, and they are designed to ensure that employees are classified according to their specific roles and responsibilities within the parliamentary framework. Notably, these rules are not subject to disallowance or sunsetting as specified under the Legislative Instruments Act 2003. The application of these rules is extended through subordinate instruments, which are made by gazettal and require registration on the Federal Register of Legislative Instruments to take effect. Any exclusions or exemptions are explicitly detailed within the rules themselves, and they are crafted to maintain alignment with other relevant legislation such as the Fair Work Act.

Key Provisions

The Parliamentary Service Classification Rules 2010 establish a framework for the classification of employees within the Parliamentary Service, pursuant to section 23 of the Parliamentary Service Act 1999 (the Act) (Rule 1). These rules commence on the day after they are registered on the Federal Register of Legislative Instruments (Rule 2). They repeal the previous Parliamentary Service Classification Rules 2000/1 (Rule 3). The rules are designed to ensure that employees are allocated appropriate classifications based on their duties and roles. For instance, Rule 5 defines an "approved classification" as a classification under a modern award, a transitional APCS, a transitional award-based instrument, or a classification listed in the schedules of these rules. The rules impose several obligations on the parties involved. For example, a Secretary is required to allocate to each employee an approved classification based on the group of duties they are to perform (Rule 6). If an ongoing employee is temporarily moved between departments, the Secretary must allocate the employee the classification they held immediately before the move or another approved classification in the same classification group (Rule 7). Additionally, a Secretary must allocate to each group of duties the appropriate approved classification based on the work value requirements of the duties (Rule 9). The Secretary must also issue written work level standards for each classification (Rule 10). Furthermore, if an employee completes the training requirements for a listed training classification, the Secretary must allocate the employee the relevant classification (Rule 11). Failure to comply with these rules can result in several consequences. While the explanatory statement does not specify explicit offences, penalties, or consequences for breach, non-compliance could potentially lead to disputes regarding classification, which might be resolved through internal or external review mechanisms provided by the Act. The rules themselves do not outline specific penalties, but any disputes or breaches could be subject to the broader legal frameworks governing employment and classification within the Parliamentary Service. It is important for Secretaries and employees to adhere to these rules to ensure proper classification and avoid potential disputes.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Classification of Employees
Delegation

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.