EXPLANATORY STATEMENT
Issued by the authority of the Presiding Officers
Parliamentary Service Act 1999
Parliamentary Service Classification Rules 2026
Overview
Section 23 of the Parliamentary Service Act 1999 (the Act) empowers the Presiding Officers to, by legislative instrument, make rules about classifications of Parliamentary Service employees (classification rules), after consulting the Parliamentary Service Commissioner.
Classifications are central to the organisation of a Department’s work, and to the entitlements and mobility of individual Parliamentary Service employees. A classification is assigned to each group of duties (commonly referred to as a ‘role’ or ‘position’) an organisation requires to be performed, based on the work value of the duties. A classification is also assigned to each Parliamentary Service employee, based on the classification of the duties the employee is assigned to perform.
These Parliamentary Service Classification Rules 2026 (these Rules) repeal and replace the Parliamentary Service Classification Rules 2010.
These Rules are substantially the same in effect to the Parliamentary Service Classification Rules 2010, but include updates to:
- reflect changes in the classification needs for the current Parliamentary Service workforce. (For example, there is no longer a need for SES (Specialist) classifications, but there is a need for a greater range of training classifications); and
- reflect the making of the Parliamentary Service Determination 2024; and
- align more closely with the Public Service Classification Rules 2000 (including recent amendments to those rules by the Public Service Classification Amendment (2025 Measures No.1) Rules 2025).
Consultation
The Act requires that the Presiding Officers consult the Parliamentary Service Commissioner before making any classification rules. The Presiding Officers consulted the Commissioner before making these Rules. The Commissioner noted that consistency between the APS and Parliamentary Service legislation benefits both services and is essential to supporting mobility and upholding merit where employees move between the two services or merit lists are shared.
Secretaries and relevant officials of the Parliamentary Departments, the Community and Public Sector Union, Electrical Trades Union, Construction Forestry and Maritime Employees Union and Australian Manufacturing Workers’ Union were also consulted in the development of these Rules.
No further consultation was required.
Authority
These Rules are made by the Presiding Officers with the authority conferred by section 23 of the Act.
Commencement
These Rules commence on the day after the instrument is registered.
Exemption from disallowance and sunsetting
These Rules are a legislative instrument for the purposes of the Legislation Act 2003, but are exempt from disallowance and sunsetting under that Act. Specifically, item 25 of the table in regulation 10 and item 48 of the table in regulation 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 exempt from disallowance and sunsetting, respectively, an instrument made under section 23 of the Act.
Details of Parliamentary Service Classification Rules 2026
Notes on sections
Part 1—Preliminary
Section 1 Name
The name of these Rules is the Parliamentary Service Classification Rules 2026.
Section 2 Commencement
These Rules commence on the day after they are registered on the Federal Register of Legislation.
Section 3 Authority
This section makes clear that these Rules are made with the authority conferred by the Act.
Section 4 Definitions
This section defines certain words and expressions that have a particular meaning in these Rules. The note to this section makes clear that these Rules use a number of expressions that have the meaning given by the Act.
Section 5 Schedule 3
This section provides for the amendment or repeal of each instrument specified in Schedule 3 to these Rules, as set out in the Schedule. The effect of this section and Schedule 3 is that the Parliamentary Service Classification Rules 2010 are repealed in full.
Part 2—Classification of Parliamentary Service employees
Section 6 Approved classifications
Section 6 lists the types of approved classification that can be assigned to duties or employees under these Rules. An approved classification is either a classification under a modern award as is force at a particular time or from time to time, or a classification or training classification listed in the Schedules 1 or 2 to these Rules.
In relation to the first limb of the definition, the note to section 6 makes clear that the Act authorises these Rules to apply, adopt or incorporate provisions of a modern award as in force at a particular time or as in force from time to time.
Section 7 Classification of Parliamentary Service employees—general
Subsection 7(1) requires a Secretary to allocate an approved classification to each employee in their Department based on the duties (and the approved classification of those duties) that the employee is assigned to perform. However, there are exceptions.
Subsection 7(2) clarifies that an employee’s classification should not be based on the classification of duties they have only been assigned to perform temporarily. For example, an employee should not be allocated a higher classification when the employee is only temporarily performing duties at a higher classification. In those circumstances, the employee’s classification should continue to be based on the classification of the duties the employee is usually assigned to perform, but the employee may be entitled to an allowance for the period they are performing duties at the higher classification under an applicable industrial instrument.
Subsection 7(3) also excludes from subsection 7(1) situations covered by both paragraphs 8(1)(a) and 8(1)(b), where an employee temporarily moves to a Department from another Department.
Section 8 Classification of Parliamentary Service employees—temporary moves between Departments not associated with promotion
Section 8 applies if an ongoing Parliamentary Service employee temporarily moves to a Department in accordance with section 39 of the Parliamentary Service Determination 2024 – which provides for the movement of employees between Departments not associated with promotion.
In these circumstances, the Secretary of the Department the employee is temporarily moving to must allocate the employee the same classification, or another classification in the same classification group (see Column 2 of Schedule 1), as the employee is allocated at the Department they are temporarily moving from. This ensures there is no inadvertent change to the employee’s classification during the period of the move. However, subsection 8(3) makes clear that it does not limit the ability to assign the employee duties at a different classification during the period of the move and receiving pay and other entitlements commensurate with a difference classification during the period of the move.
For example, if an APS 6 employee in one Department temporarily moves to another Department, the employee must be assigned the APS 6 classification (or another classification in the same classification group) by the receiving Secretary. However, the APS 6 employee could be assigned to perform duties at a higher classification at the receiving Department and may be entitled to an allowance for performing those higher duties in accordance with the applicable industrial instrument.
Section 9 Classification of SES employees
Section 9 establishes the meaning of the term ‘SES employee’ in the Parliamentary Service employment framework. Section 34 of the Act provides that ‘SES employees’ are those Parliamentary Service employees who are classified as SES employees under the Classification Rules. Section 9 provides that an employee is classified as an SES employee if the employee’s is allocated any of the approved classifications listed in the section.
Section 10 Classification of duties
Section 10 contains the rules for classifying groups of duties in a Department.
Subsections 10(1) and (2) require a Secretary to allocate to each group of duties performed in the Department an approved classification based on the work value of the group of duties.
If a group of duties involves work value applying to more than one classification, the Secretary may allocate more than one classification, known as a ‘broadband,’ to the group of duties (subsections 10(4) and (5)).
A broadband can be assigned to a group of duties, but not to an employee. In accordance with section 7, an employee must be assigned a single classification based on the classification of the job they are assigned to perform. Therefore, in practice, where a broadband is assigned to a group of duties, the Department still needs to identify discrete jobs based on the work level standards for each classification within the broadband, and assign an employee to perform one of those jobs. If an employee is subsequently assigned a job at a higher classification within the broadband (other than temporarily), the employee must themselves be assigned a higher classification in accordance with section 7.
A broadband cannot be allocated to duties to be performed by an SES employee (subsection 10(6)).
Subsection 10(3) provides that, if a training classification is allocated to a group of duties, the duties must include a requirement to undergo training.
Section 11 Work level standards
Section 11 provides that a Secretary must determine written work level standards that reflect the work value requirements for each classification allocated to duties in the Department.
Work level standards describe the distinctive work value requirements (e.g. work-related qualities, standards, levels of knowledge, guidance, complexity, responsibility, decision-making and accountability) at each classification.
Work level standards are used to provide consistency in the classification of duties in a Department. The work value requirements of each group of duties are assessed against a Department’s work level standards to determine the appropriate classification for that group of duties. Work level standards can also be used to inform performance processes and learning and development activities, as they provide clarity on what is expected at each classification and key differences between classifications.
Subsection 11(3) makes clear that work level standards determined in accordance with this section are not a legislative instrument, to assist the reader.
Section 12 Employees in training classifications
Subsection 12(1) provides that, where an employee who was engaged at a training classification listed in Column 1 of Schedule 2 completes their training requirements, the Secretary must allocate to the employee the relevant ‘operational’ classification listed in Column 2 of Schedule 2.
However, subsection 12(2) provides an exception where an employee was engaged in accordance with subsection 19(4) of the Parliamentary Service Determination 2024, as a non-ongoing non-SES employee for a specified term to assist the person to gain skills and experience by participating in the workforce under a scheme approved by the Secretary or the Australian Public Service Commissioner. In those circumstances, it is not appropriate for the employee to be allocated an operational classification on completion of their training requirements as the employee was not engaged with a view to transitioning to an operational role in the Department. Their employment is intended to cease on completion of the specified term.
Section 13 Reduction in classification
Section 23(4) of the Act establishes circumstances where a Secretary may reduce the classification of a Parliamentary Service employee without the employee’s consent. Section 13 makes clear how a Secretary would give effect to such a decision, by allocating the employee a classification that is in a lower classification group than the classification previously allocated to the employee.
Section 14 Delegations
Section 14 provides for the delegation and subdelegation of powers or functions under these Rules, subject to the terms of this section, which include various measures to safeguard proper use of delegated powers or functions.
Subsections 14(1) and (2) provide that a Secretary may delegate to a Parliamentary Service employee any of their powers or functions under these rules, other than the power of delegation. If a Secretary wishes to delegate powers or functions to a person who is not a Parliamentary Service employee, the Secretary must obtain prior written consent from the Parliamentary Service Commissioner.
Before making any delegation under this instrument, a Secretary must be reasonably satisfied that the other person has the appropriate work‑related qualities to exercise the power or perform the function (as the case requires) (subsection 14(6)).
Subsection 14(3) permits an SES employee (or acting SES employee) who has been delegated powers or functions under this instrument by their Secretary (‘the first delegate’) to subdelegate those powers or functions to another Parliamentary Service employee (the ‘second delegate’). Any directions in relation to the exercise of a power or function that were given by the Secretary to the first delegate must also be given by the first delegate to the second delegate (subsection 14(4)). The power to subdelegate is also subject to the requirement that the delegator is reasonably satisfied that the delegate has the appropriate work-related qualities to exercise the power or perform the function (subsection 14(6)).
A power or function exercised or performed by the second delegate is deemed to have been exercised or performed by the Secretary (subsection 14(5)).
Subsection 14(7) requires that any person exercising powers or functions under delegation (or subdelegation) made under this section must comply with any directions of the person who delegated (or subdelegated) the power or function.
Part 3—Application and transitional provisions
Section 15 Classifications allocated to employees before commencement
Section 16 Classifications allocated to duties before commencement
Section 17 Work level standards issued before commencement
Section 18 Delegations in force before commencement
These sections ensure that classifications, work level standards and delegations determined under the Parliamentary Service Classification Rules 2010 transition and continue to apply as if they were determined under the Parliamentary Service Classification Rules 2026.
Schedule 1—Approved classifications
Schedule 1 lists the approved classifications for Parliamentary Service employment, other than training classifications which are listed in Schedule 2. These approved classifications are divided into 11 groups. For the non-SES classification groups 1-8, Column 2 provides alternative designations for the classification.
Schedule 2—Training classifications
Schedule 2 lists the training classifications and the approved classifications that must be allocated to employees on completion of the training requirements for that training classification, in accordance with section 12.
Schedule 3—Repeals
Schedule 3 specifies, for the purpose of section 5, that the Parliamentary Service Classification Rules 2010 are repealed in full.