Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Parliamentary Service Act 1999, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 14 Mar 2005
Introduced Senate 09 Mar 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Parliamentary Service Amendment Bill 2005

 

No.      , 2005

 

 

 

 

A Bill for an Act to amend the Parliamentary Service Act 1999, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Parliamentary Service Act 1999              3

Schedule 2—Amendment of other Acts                                                                    10

Long Service Leave (Commonwealth Employees) Act 1976                             10

Remuneration Tribunal Act 1973                                                                           10

 


A Bill for an Act to amend the Parliamentary Service Act 1999, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Parliamentary Service Amendment Act 2005.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Parliamentary Service Act 1999

  

1  Paragraph 3(c)

After “Secretaries,”, insert “the Parliamentary Librarian,”.

2  Section 7

Insert:

joint Department means:

                     (a)  the Department of Parliamentary Services; or

                     (b)  if another Department is designated as the joint Department by the Presiding Officers—that other Department.

3  Section 7

Insert:

Library Committee means the committee or committees of the Houses of Parliament that advise the Presiding Officers in respect of the functions of the Parliamentary Librarian.

4  Section 7

Insert:

Parliamentary Librarian means the holder of the office of Parliamentary Librarian established under section 38A.

5  Section 9

After “Secretaries”, insert “, the Parliamentary Librarian”.

6  After section 17

Insert:

17A  Application of sections 16 and 17 to the Parliamentary Librarian

                   Sections 16 and 17 apply to the Parliamentary Librarian as if he or she were a Parliamentary Service employee.

7  Part 4 (heading)

Repeal the heading, substitute:

Part 4Parliamentary Service employees and the Parliamentary Librarian

8  At the end of Part 4

Add:

Division 3Parliamentary Librarian

38A  Parliamentary Librarian

                   An office of Parliamentary Librarian is established by this section.

Note:          The Parliamentary Librarian is within the joint Department (see section 54).

38B  Functions of Parliamentary Librarian

             (1)  The functions of the Parliamentary Librarian are:

                     (a)  to provide high quality information, analysis and advice to Senators and Members of the House of Representatives in support of their parliamentary and representational roles; and

                     (b)  to undertake such other responsibilities within the joint Department, consistent with the function set out in paragraph (a), as are conferred in writing on the Parliamentary Librarian by the Secretary of the joint Department with the approval of the Presiding Officers.

             (2)  The Parliamentary Librarian must perform the function mentioned in paragraph (1)(a):

                     (a)  in a timely, impartial and confidential manner; and

                     (b)  maintaining the highest standards of scholarship and integrity; and

                     (c)  on the basis of equality of access for all Senators, Members of the House of Representatives, parliamentary committees and staff acting on behalf of Senators, Members or parliamentary committees; and

                     (d)  having regard to the independence of Parliament from the Executive Government of the Commonwealth.

38C  Appointment of Parliamentary Librarian

             (1)  The Parliamentary Librarian is to be appointed by the Presiding Officers for a period of 5 years.

             (2)  The Presiding Officers cannot make an appointment unless they have received a report about the vacancy from the Secretary of the joint Department.

             (3)  The Presiding Officers cannot appoint a person as the Parliamentary Librarian unless the person has either or both of the following:

                     (a)  professional qualifications in librarianship or information management (however described);

                     (b)  professional membership of a recognised professional association in the discipline of librarianship or information management (however described).

             (4)  An appointment is not affected by any defect or irregularity in or in connection with the appointment.

38D  Termination of appointment of Parliamentary Librarian

             (1)  The Presiding Officers may, by notice in writing, terminate the appointment of the Parliamentary Librarian at any time.

             (2)  The Presiding Officers cannot terminate an appointment unless they have received a report about the proposed termination from the Commissioner.

38E  Remuneration and other conditions of appointment

             (1)  The remuneration and other conditions of employment of the Parliamentary Librarian are as determined by the Presiding Officers.

             (2)  For each determination, the Presiding Officers must seek the advice of the Remuneration Tribunal and take that advice into account.

             (3)  Each determination must be:

                     (a)  published in the Gazette within 14 days; and

                     (b)  laid before the Senate and the House of Representatives as soon as practicable;

after the determination is made.

38F  Acting Parliamentary Librarian

             (1)  The Presiding Officers may appoint a person to act in the office of Parliamentary Librarian:

                     (a)  if there is a vacancy in the office, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Parliamentary Librarian is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (2)  However, the Presiding Officers cannot appoint a person to act in the position unless the person meets the requirement in subsection 38C(3).

             (3)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

38G  Resources for the Parliamentary Librarian

             (1)  The Secretary of the joint Department must provide resources to the Parliamentary Librarian in accordance with an annual agreement that satisfies the requirements of subsection (2).

             (2)  The agreement must be:

                     (a)  made between the Secretary of the joint Department and the Parliamentary Librarian; and

                     (b)  approved by the Presiding Officers in writing after receiving advice about the contents of the agreement from the Library Committee.

             (3)  The Presiding Officers may approve the agreement for the purposes of subsection (2) either before or after the agreement is made by the Secretary and the Parliamentary Librarian.

38H  Reporting to Library Committee

             (1)  The Parliamentary Librarian must give a report on the performance of the functions of the Parliamentary Librarian to the Library Committee on the request of the Committee.

Note:          The Parliamentary Librarian must also give an annual report to the Presiding Officers under section 65.

             (2)  However, the Parliamentary Librarian must give such a report to the Committee at least once every financial year.

38I  Copyright

                   For the purposes of sections 48A and 104A of the Copyright Act 1968:

                     (a)  the part of the joint Department that is headed by the Parliamentary Librarian and that provides library services is taken to be a library the principal purpose of which is to provide library services for Members of the Parliament; and

                     (b)  the Parliamentary Librarian is taken to be the officer in charge of that library; and

                     (c)  a Parliamentary Service employee authorised by the Parliamentary Librarian to act on his or her behalf in relation to the provision of the library services is taken to be an authorised officer of that library.

Note:          Sections 48A and 104A of the Copyright Act 1968 apply only in relation to things done for the sole purpose of assisting a person who is a Member of a Parliament in the performance of the person’s duties as such a Member.

9  Subsection 48(4) (definition of Parliamentary Service action)

Omit “or by a Secretary”, substitute “, by a Secretary or by the Parliamentary Librarian”.

10  Subsection 54(3)

Repeal the subsection, substitute:

             (3)  For the purposes of this Act:

                     (a)  for the joint Department—the Department consists of the Secretary of the Department, together with the Parliamentary Librarian and Parliamentary Service employees assisting the Secretary; and

                     (b)  for any other Department—the Department consists of the Secretary of the Department, together with Parliamentary Service employees assisting the Secretary.

11  Subsection 65(2)

Omit “The report”, substitute “A report made under subsection (1)”.

12  At the end of section 65

Add:

             (3)  After the end of each financial year, the Parliamentary Librarian must give a report to the Presiding Officers on the performance of the Parliamentary Librarian’s functions during the year. The Parliamentary Librarian’s report must be included in the report on the activities of the joint Department made under paragraph (1)(c).

13  Paragraph 67(1)(a)

After “Secretary”, insert “, the Parliamentary Librarian”.

14  After subsection 70(1)

Insert:

          (1A)  A Secretary may, in writing, delegate to the Parliamentary Librarian any of the Secretary’s powers or functions under this Act (other than this section).

15  After subsection 70(3)

Insert:

          (3A)  If powers or functions are delegated under subsection (1A), the Parliamentary Librarian may, in writing, delegate any of those powers or functions to a Parliamentary Service employee. However, if the Parliamentary Librarian is subject to directions in relation to the exercise of a power or function delegated under this subsection, the Parliamentary Librarian must give corresponding directions to the Parliamentary Service employee concerned.

16  Subsection 70(4)

After “subsection (3)”, insert “or (3A)”.

17  Subsection 70(4)

After “subsection (1)”, insert “or (1A)”.

18  Paragraph 81(1)(g)

Omit “Act; and”, substitute “Act.”.

19  Paragraphs 81(1)(h), (i) and (j)

Repeal the paragraphs.

20  Paragraphs 82(a) and (b)

After “a Secretary”, insert “, the Parliamentary Librarian”.


 

Schedule 2Amendment of other Acts

  

Long Service Leave (Commonwealth Employees) Act 1976

1  Subsection 9B(4)

Repeal the subsection, substitute:

             (4)  The reference in subsection (1) to an officer or employee of the Parliament is a reference to the following:

                     (a)  the Clerk of the Senate;

                     (b)  the Clerk of the House of Representatives;

                     (c)  the Secretary of another Department of the Parliament established under section 54 of the Parliamentary Service Act 1999;

                     (d)  the Parliamentary Librarian appointed under section 38C of that Act;

                     (e)  a person engaged as an employee under section 22 of that Act.

Remuneration Tribunal Act 1973

2  At the end of subsection 5(2D)

Add:

                   ; (d)  the office of Parliamentary Librarian.