Parliamentary Service Amendment Determination 2008/1
We, ALAN BAIRD FERGUSON, President of the Senate, and HENRY ALFRED JENKINS, Speaker of the House of Representatives, make the following Determination under section 71 of the Parliamentary Service Act 1999.
Dated this 17th day of July 2008
ALAN FERGUSON HARRY JENKINS
This Determination is Parliamentary Service Amendment Determination 2008/1.
This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Parliamentary Service Determinations 1999/3 and 2000/3 are repealed.
4 Amendment of Parliamentary Service 2003/2
Schedule 1 amends Parliamentary Service Determination 2003/2.
Schedule 1 Amendments
[1] Clause 2.2.1
After “Secretary of each Parliamentary Service Department”, insert “, the Parliamentary Librarian”.
[2] Clause 2.2.3 (objective (2) under Parliamentary Service Value 4)
substitute
(2) Each Secretary, the Parliamentary Librarian and each Parliamentary Service employee meet all applicable reporting obligations.
[3] Clause 2.2.3 (objective (1) under Parliamentary Service Value 6)
substitute
(1) Employment decisions in each Department are based on merit and, in particular, on:
(a) an assessment of a person's work-related qualities and the work-related qualities required for efficient and effective organisational performance;
(b) other merit-related assessments as required by subsection 10(2) of the Act; and
(c) minimum requirements set out in Division 3.5 of this Determination.
[4] Clause 2.3.1
substitute
2.3.1 Duty not to disclose information (Act s13)
(1) This clause sets out conduct requirements made for subsection 13(13) of the Act.
(2) This clause does not affect other restrictions on the disclosure of information.
(3) A Parliamentary Service employee must not disclose information which the employee obtains or generates in connection with his or her employment if the information:
(a) was, or is to be, communicated in confidence:
(i) to or by the Presiding Officers, a committee of either House or a joint committee, a Senator or a Member of the House of Representatives; or
(i) within the Parliamentary Service; or
(b) was received in confidence from a person or persons outside the Parliament or the Parliamentary Service who has not, or have not, given permission for the disclosure;
whether or not the disclosure would found an action for breach of confidence.
(4) Subclause (3) does not prevent a disclosure of information by a Parliamentary Service employee if:
(a) the information is disclosed in the course of the employee’s duties; or
(b) the information is disclosed in accordance with an authorisation given by a Secretary, or by the Parliamentary Librarian in relation to information acquired or created in connection with the functions of the Parliamentary Librarian as set out in section 38B of the Parliamentary Service Act 1999; or
(c) the disclosure is otherwise authorised by law; or
(d) the information that is disclosed:
. (i) is already in the public domain as the result of a disclosure of information that is lawful under this Determination or another law; and
(ii) can be disclosed without disclosing, expressly or by implication, other information to which subclause (3) applies.
(5) Subclause (3) does not limit the authority of a Secretary to give lawful and reasonable directions in relation to the disclosure of information.
(6) Nothing in this clause affects the provision of advice to a House, a committee or a member of either House by a Parliamentary Service employee for the purpose of the performance of the duties or functions of a House, a committee or a member of either House.
Note Under section 70 of the Crimes Act 1914, it is an offence for a Parliamentary Service employee to publish or communicate any fact or document which comes to the employee’s knowledge, or into the employee’s possession, by virtue of being a Commonwealth officer, and which it is the employee’s duty not to disclose.
substitute
Alleged breaches of the Code of Conduct by Secretaries or the Parliamentary Librarian (Act s14)
[6] Subclause 2.3.3(1)
After “Secretary”, insert “ or the Parliamentary Librarian”.
[7] Clause 2.4.1 note
substitute
Note Section 16 of the Act prohibits victimisation or discrimination by anyone in a Department against an employee who has reported a breach, or alleged breach, of the Code of Conduct to the Commissioner, the Merit Protection Commissioner or a Secretary or another person authorised for the purposes of section 16.
[8] Clause 2.4.3, heading
substitute
Office holders to whom whistleblowers' reports may be made
(Act s16)
substitute
Authorisation by office holders (Act s16)
After “approval”, add “of”.
[11] Subclause 4.2(1)
substitute
(1) A person to whom section 32 of the Act applies is entitled to be engaged again as a Parliamentary Service employee if he or she applies, within the required time, to:
(a) the Secretary of the Department in which he or she was employed before resigning; or
(b) if the functions to which the person’s duties related, or mainly related, have been transferred to another Department — the Secretary of that Department.
[12] Subclause 4.3(6)
substitute
(6) For the purposes mentioned in subclause (7), the continuity of the person’s service is taken not to have been broken by the period between his or her resignation and re-engagement as a Parliamentary Service employee but that period does not count as service.
(7) The purposes are:
(a) calculation of leave entitlements under the Australian Fair Pay and Conditions Standard or an employment arrangement that applies to the employee; or
(b) calculation of the employee’s redundancy pay, however described, under an employment arrangement that applies to the employee.
Note For entitlements to long service leave and paid maternity leave, see the Long Service Leave (Commonwealth Employees) Act 1976 and the Maternity Leave (Commonwealth Employees) Act 1973.
[13] Subclause 5.2(2)
substitute
(2) If an employment arrangement sets out procedures that apply to the termination of the non-ongoing Parliamentary Service employee, the procedures apply to the termination of the engagement of the employee unless the procedures:
(a) are prohibited content (within the meaning given by the Workplace Relations Act 1996); or
(b) would be prohibited content of that kind if the employment arrangement were a workplace agreement.
[14] Paragraph 7.5.1(1)(a)
substitute
(a) the Secretary has told the employee under subclause 7.4.3(a) that the action is not reviewable action; or
[15] Clause 10.1, definition of creditor
After “Secretary”, insert “, the Parliamentary Librarian”.
[16] Clause 10.1, definition of debtor
After “Secretary”, insert “, the Parliamentary Librarian”.
[17] Subclause 11.1(3)
After “acting SES employee”, insert “, or the Parliamentary Librarian or acting Parliamentary Librarian”.
[18] Schedule 1, Dictionary, after *action
insert
*Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.
[19] Schedule 1, Dictionary, after APS
insert
*AWA has the meaning given by Schedule 7A to the Workplace Relations Act 1996.
*award has the same meaning as in the Workplace Relations Act 1996.
[20] Schedule 1, Dictionary, after employment
insert
employment arrangement means:
(a) an award; or
(b) a workplace agreement; or
(c) a pre‑reform certified agreement; or
(d) an AWA; or
(e) a pre‑reform AWA; or
(f) a determination under subsection 24 (1) or (3) of the Act; or
(g) a written contract of employment.
[21] Schedule 1, Dictionary, after external review body
insert
Gazette includes the electronic APS Employment Gazette.
[22] Schedule 1, Dictionary, after operational classification
insert
*Parliamentary Librarian means the holder of the office of Parliamentary Librarian established under section 38A of the Act.
[23] Schedule 1, Dictionary, after Parliamentary Service Values
insert
*pre‑reform AWA has the meaning given by the Workplace Relations Act 1996.
*pre‑reform certified agreement has the meaning given by the Workplace Relations Act 1996.
[24] Schedule 1, Dictionary, after whistleblower’s report
insert
*workplace agreement has the meaning given by the Workplace Relations Act 1996.