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Parliamentary Service Act 1999
No. 145, 1999
In force
Administered by
Department of the Prime Minister and Cabinet
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C2019C00092 C19
01 March 2019
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 This Act binds the Crown
5 This Act extends to things outside Australia
6 Engagement of employees in a Department
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Part 2—Interpretation
7 Interpretation
8 Relationship with Fair Work Acts
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Part 3—The Australian Parliamentary Service
9 Constitution and role of the Australian Parliamentary Service
10 Parliamentary Service Values
10A Parliamentary Service Employment Principles
11 Commissioner may give advice to Presiding Officers about Parliamentary Service Values
11A Determinations by Presiding Officers about Parliamentary Service Values
11B Commissioner may give advice to Presiding Officers about employment matters
11C Determinations by Presiding Officers about employment matters
12 Secretaries must promote Parliamentary Service Values and Parliamentary Service Employment Principles
13 The Parliamentary Service Code of Conduct
14 Secretaries and statutory office holders bound by Code of Conduct
15 Breaches of the Code of Conduct
18 Promotion of employment equity
19 Restrictions on directions to Clerks
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Part 4—Parliamentary Service employees and the Parliamentary Librarian
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Division 1—Parliamentary Service employees generally
20 General directions to Secretaries
21 Employer powers etc. of Secretary
22 Engagement of Parliamentary Service employees
23 Classification Rules
24 Terms and conditions of employment
25 Assignment of duties
26 Mobility between Parliamentary Service and Public Service
26A Rights of ongoing employees when engaged as non-ongoing employees of the other service
27 Compulsory moves between Parliamentary Departments and between the Parliamentary Service and the Australian Public Service
28 Suspension
29 Termination of employment
30 Retirement
31 Forfeiture of additional remuneration
32 Right of return for election candidates
33 Review of actions
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Division 2—The Senior Executive Service
34 SES employees
35 Constitution and role of SES
37 Incentive to retire
38 Commissioner’s certificate required for termination of SES employment
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Division 3—Parliamentary Librarian
38A Parliamentary Librarian
38B Functions of Parliamentary Librarian
38C Appointment of Parliamentary Librarian
38D Termination of appointment of Parliamentary Librarian
38E Terms and conditions of appointment
38F Acting Parliamentary Librarian
38G Resources for the Parliamentary Librarian
38H Reporting to Library Committee
38I Copyright
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Part 5—The Parliamentary Service Commissioner
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Division 1—Commissioner’s functions etc.
39 Parliamentary Service Commissioner
40 Commissioner’s functions
41 Commissioner’s inquiry powers
42 Annual report
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Division 2—Commissioner’s appointment, conditions etc.
43 Appointment of Commissioner
44 Terms and conditions of appointment
45 Removal from office
46 Acting Commissioner
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Part 6—The Parliamentary Service Merit Protection Commissioner
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Division 1—Merit Protection Commissioner’s functions etc.
47 Parliamentary Service Merit Protection Commissioner
48 Merit Protection Commissioner’s functions
48A Inquiry into alleged breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee
49 Annual report
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Division 2—Merit Protection Commissioner’s appointment, conditions etc.
50 Appointment of Merit Protection Commissioner
51 Terms and conditions of appointment
52 Removal from office
53 Acting Merit Protection Commissioner
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Part 7—Departments and Secretaries
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Division 1—Departments other than the Parliamentary Budget Office
53A Interpretation
54 Departments
54A Change of name of Department
54B Abolition of Department
55 Offices of Clerk of the Senate and Clerk of the House of Representatives
56 Office of Secretary of a Department
57 Roles and responsibilities of Secretaries
58 Appointment of Clerk of the Senate and Clerk of the House of Representatives
59 Appointment of Secretary of a Department
60 Termination of appointment of Clerk of the Senate or Clerk of the House of Representatives
61 Termination of appointment of Secretary of a Department
62 Suspension of Clerk of the Senate or Clerk of the House of Representatives
63 Terms and conditions of appointment
64 Acting Secretary
64AA Money payable to Department
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Division 2—Parliamentary Budget Office
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Subdivision A—Establishment, functions etc.
64A Department of the Parliamentary Budget Office
64B Purpose of Parliamentary Budget Office
64C Parliamentary Budget Officer
64D Appropriation of Consolidated Revenue Fund
64E Functions of Parliamentary Budget Officer
64F Arrangements for obtaining information from Commonwealth bodies
64G Approaches etc. to be used in preparing policy costings
64H Requests for costing of policies outside caretaker period
64J Requests for costing of policies during caretaker period
64K Caretaker period policy costing requests—interaction with the Charter of Budget Honesty Act 1998
64KA Caretaker period policy costing requests—information-gathering
64L Caretaker period policy costing requests made before polling day—public release of requests and costings
64LA Caretaker period policy costing requests made on or after polling day—public release of requests and costings
64M Requests relating to the budget (other than requests for policy costings)
64MA Post-election report of election commitments
64MAA Requirements for post-election report of election commitments
64MB Post-election report of election commitments—information-gathering
64MC Post-election report of election commitments—public release
64N Responsibility for managing Parliamentary Budget Office
64P Restrictions on directions to Parliamentary Budget Officer
64Q Annual work plan for Parliamentary Budget Office
64R Joint Committee of Public Accounts and Audit may request draft estimates
64S Duties of Joint Committee of Public Accounts and Audit
64T Review of operations of Parliamentary Budget Office
64U Public release of policy costings etc.
64V Confidentiality
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Subdivision B—Parliamentary Budget Officer’s appointment, conditions etc.
64X Appointment of Parliamentary Budget Officer
64XA Approval of proposed appointment by Joint Committee of Public Accounts and Audit
64XB Remuneration of Parliamentary Budget Officer
64XC Leave of absence
64XD Resignation
64XE Removal from office
64XF Acting appointments
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Division 3—Annual report
65 Annual report
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Part 7A—Protection of information
65AA Protection of information—Commissioner’s functions etc.
65AB Protection of information—Merit Protection Commissioner’s functions etc.
65AC Giving information or producing documents to Commissioner not admissible in evidence etc.
65AD Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc.
65AE Release of personal information
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Part 8—Miscellaneous
65A Security Management Board
66 Payments in special circumstances
67 Attachment of salaries to satisfy judgment debts
68A Departments and office holders not prescribed authorities for Freedom of Information Act purposes
69 Positions
70 Delegations
70A Immunity from civil proceedings
71 Determinations
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Part 9—Transitional provisions
72 Interpretation
73 Operation of Part
74 Continuation of existing Departments
75 Current heads of Parliamentary Departments to continue in office
76 Conversion of officers and employees
77 Rights under Part IV of the old Act—first-tier persons
78 Rights under Part IV of the old Act—second-tier persons
79 Determinations under the old Act
80 Misconduct
81 References to Agency, Agency Head, former Parliamentary Departments and Secretaries
82 References in statutory instruments to “officer” etc.
83 Determinations
84 Certain Acts continue to apply to Departments established and people appointed or engaged under this Act
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
