Parliamentary Service (Consequential and Transitional) Determination 2000/3
We, MARGARET REID, President of the Senate, and NEIL ANDREW, Speaker of the House of Representatives, make the following Determination under subsection 83(1) of the Parliamentary Service Act 1999.
Dated 29 November 2000
MARGARET REID NEIL ANDREW
Parliamentary Service (Consequential and
Transitional) Determination 2000/3
Determination
made under the
Parliamentary Service Act 1999
Part 1 Preliminary
1.1 Name of Determination
This Determination is the Parliamentary Service (Consequential and Transitional) Determination 2000/3.
1.2 Commencement
This Determination commences on the commencement of the Parliamentary Service Act 1999.
1.3 Definitions
In this Determination:
Act means the Parliamentary Service Act 1999.
commencing time means the time at which the Act commences, or is taken to commence, under section 2 of the Act.
eligible public employment means eligible public employment within the meaning of Part IV of the old Act.
Note Eligible Commonwealth employment was defined in subsection 87 (1) of the old Act to mean:
(a) employment as the holder of a Commonwealth office; or
(b) employment by a Commonwealth authority.
Commonwealth office and Commonwealth authority were also defined in subsection 87 (1).
Joint Selection Committee has the meaning given in section 3 of the Merit Protection Act.
Merit Protection Act has the meaning given in section 4 of the PECTA Act.
old Act means the Public Service Act 1922.
old Regulations means the Public Service Regulations 1935.
PECTA Act means the Public Employment (Consequential and Transitional) Amendment Act 1999.
PO Regulations means the Public Service (Parliamentary Officers) Regulations 1991.
public authority means:
(a) a person or body, employment with which creates eligible public employment; or
(b) an office, the holding of which creates eligible public employment.
1.4 No Disadvantage or Liability
Where, as a result of clause 1.2, a provision of this Determination takes effect before the date on which this Determination is notified in the Gazette and, as a result, the provision would have the effect that:
(a) the rights of a person (other than the Commonwealth) as at that date would be affected so as to disadvantage that person; or
(b) liabilities be imposed on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of notification,
the provision is to be interpreted so as not to have that effect.
Note This clause reflects the operation of subsection 48(2) of the Acts Interpretation Act 1901 as applied to this Determination by section 46A of that Act.
Part 2 Transitional provisions relating to the application of the old Act (other than Part IV)
2.1 Convictions by courts
(1) This clause applies to a Parliamentary Service employee if, before the commencing time:
(a) the Parliamentary Service employee was an old Act officer or old Act employee who had been convicted of, or found (without recording a conviction) to have committed, a criminal offence; and
(b) the Parliamentary Service employee, as an old Act officer or old Act employee, had been given an opportunity, under paragraph 63 (1) (b) of the old Act, to furnish to the relevant Secretary a written statement in relation to the offence.
(2) Sections 63, 63F and 63M of the old Act continue to apply in relation to the Parliamentary Service employee.
2.2 Determinations — SES employees’ superannuation benefits
(1) This clause applies if a determination was:
(a) made under section 45 of the old Act in relation to the provision to a person of superannuation benefits or benefits in the nature of superannuation benefits; and
(b) in force immediately before the commencing time.
(2) The determination continues in force for the duration of the appointment of the person to which section 45 of the old Act relates.
2.3 Gazettal of notices
(1) Subclause (2) applies if notice of an appointment, promotion, transfer, retirement or dismissal that is mentioned in subsection 92 (2) of the old Act was not published in the Gazette before the commencing time.
(2) The subsection continues to have effect in relation to the appointment, promotion, transfer, retirement or dismissal.
(3) Subclause (4) applies if a transfer mentioned in regulation 106D of the old Regulations was not notified in the Gazette before the commencing time
(4) The clause continues to have effect after that time in relation to the transfer.
2.4 Interpretation of certain awards, certified agreements and AWAs
(1) This clause applies if an award, certified agreement or AWA:
(a) is in force at the commencing time in relation to a Parliamentary Service employee; and
(b) contains a provision that refers to a provision of the old Act or old Regulations to which a provision of the Act, or Determinations by the Presiding Officers or any other instrument under the Act,
(2) The reference in the provision of the award, certified agreement or AWA to the provision of the old Act or old Regulations is to be read as including a reference to the corresponding provision of the Act or Determinations by the Presiding Officers or any other instrument under the Act..
(3) Also, the provision is to be read in a way that is consistent with, and promotes, the transition from the application of the old Act and old Regulations to the new Act.
2.5 Attachment of salaries of officers (old Act s 64)
(1) This clause applies if,:
(a) before the commencing time an amount was deducted, under section 64 of the old Act, each pay-day from the salary of an old Act officer or old Act employee to satisfy a judgment debt; and
(b) at the commencing time an amount remains owing on the judgment debt.
(2) A fee of the kind referred to in paragraph 67(1)(b) of the Act is not to be payable in respect of the making of deductions under the clause after the commencing time to satisfy the amount owing on the judgement debt.
2.6 Medical examinations
(1) This clause applies if, before the commencing time:
(a) a Secretary gave a written notice to an old Act officer or old Act employee under the old Regulations or the PO regulations, directing the officer or employee to submit to a medical examination; and
(b) the officer or employee had not had attended a medical examination.
(2) The written notice is taken to be a written notice directing the employee to undergo a medical examination for an examination of the employee's health and physical fitness and to give the Secretary a medical report of the examination.
Part 3 Other transitional provisions
3.1 Amendment of Safety, Rehabilitation and Compensation Act 1988
For subclause 83 (4) of the Act, the Safety, Rehabilitation and Compensation Act 1988 is amended as set out in Schedule 1.
Schedule 1 Amendment of Safety, Rehabilitation and Compensation Act 1988
(clause 6.1)
[1] After subsection 23 (1A)
insert
(1B) However, if a Parliamentary Service employee who has reached 63 suffers an injury (whether before or after the commencement of this subsection):
(a) subsection (1) does not apply; and
(b) compensation is payable under section 19, 20, 21, 21A or 22 in respect of the injury:
(i) to the extent that this Act (other than subsection (1)) allows; and
(ii) for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated.
Note
1. Made by the Presiding Officers on 29 November 2000, and notified in the Commonwealth of Australia Gazette on 13 December 2000.