Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Legislative instruments
Repealed
Text
Details
Authorises
Downloads
All versions
Interactions
Parliamentary Service Determination 2013
No longer in force
Click for more info
Administered by
Department of the Prime Minister and Cabinet
This item is authorised by the following title:
Parliamentary Service Act 1999
Superseded version
View latest version
Order print copy
Save this title to My Account
Set up an alert
F2013L01201
28 June 2013
-
06 December 2013
Legislation text
View document
Select value
Legislative instrument
Explanatory statement
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
1 Name of determination
2 Commencement
3 Authority
4 Dictionary
5 Repeal
Collapse
Part 2—Parliamentary Service Values
6 Parliamentary Service Value 1—Committed to Service
7 Parliamentary Service Value 2—Ethical
8 Parliamentary Service Value 3—Respectful
9 Parliamentary Service Value 4—Accountable
10 Parliamentary Service Value 5—Impartial
Collapse
Part 3—Parliamentary Service employment
Collapse
Division 1—Preliminary
11 Definitions
12 Meaning of vacancy
13 Meaning of similar vacancy
14 Meaning of work-related qualities
Collapse
Division 2—Engagement of non-ongoing employees
15 Engagement of SES employee for specified term
16 Engagement on non-ongoing basis
Collapse
Division 3—Merit in engagement and promotion
Collapse
Subdivision 1—Merit-based decision-making: standard provisions
17 Purpose of Subdivision
18 How a Secretary upholds the principle of merit-based decision-making
19 Merit-based selection process
20 Notification of vacancy in Gazette
21 Additional requirements for SES engagement or promotion decisions
Collapse
Subdivision 2—Merit-based decision-making: exceptions to standard provisions
22 Purpose of Subdivision
23 Engagement on a short-term, irregular or intermittent basis
24 Engagement of non-ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances
25 Engagement of ongoing SES employee as non-ongoing SES employee
26 Affirmative measure—Aboriginal and Torres Strait Islanders
27 Affirmative measure—intellectual disability
28 Affirmative measure—person unable to participate in selection process
29 Engagement of person from State or Territory jurisdiction
30 Re-engagement of election candidates
31 Promotion on completion of appointment to statutory office
32 Engagement of ongoing APS employee as ongoing Parliamentary Service Employee
33 Re-engagement of former Parliamentary Service employee
Collapse
Division 4—Assignment of duties and movement between Departments
34 Definition
35 Minimum requirements for assignment of duties at or below classification
36 Minimum requirements for temporary assignment of higher duties
37 Assignment from non-SES classification to SES classification
Collapse
Division 5—Notification of employment decisions
38 Purpose of Division
39 Notification of decisions in Public Service Gazette
40 Cancellation decisions that must be notified in Gazette
41 Date of effect of promotion
Collapse
Division 6—Employer powers of Secretaries
42 Definition
43 Condition of engagement—health clearance
44 Direction to attend medical examination
45 Workforce participation schemes
Collapse
Part 4—Workplace Diversity
46 How a Secretary upholds Employment Principle on non-discrimination
47 How a Secretary upholds Employment Principle on diversity
48 Measures for workplace diversity programs
49 Workplace diversity program to be published
50 Review of workplace diversity program
Collapse
Part 5—Performance management
51 How a Secretary upholds Employment Principle on effective performance
52 Initiating Code of Conduct proceedings in relation to performance matters
Collapse
Part 6—Safe workplaces
53 How Secretary upholds Employment Principle on providing a safe workplace etc
Collapse
Part 7—Code of Conduct
54 Allegations of breach of Code of Conduct by Secretary or statutory office holder
55 Employee movement not to take effect pending resolution of Code of Conduct investigation
56 Duty not to disclose information
57 Statutory office holder bound by Code of Conduct
58 Limitation on sanctions for breaches of Code of Conduct
Collapse
Part 8—ISACs
59 Function of ISAC
60 Establishment of ISAC
61 Constitution of ISAC
62 ISAC procedures—minimum requirements
63 ISAC procedures—Merit Protection Commissioner’s instructions
64 Assistance to ISAC
65 Assessment and recommendation by ISAC
66 Non-agreement on recommendation by ISAC
67 ISAC recommendation not binding
68 Effect of acting on ISAC recommendation
69 Effect of not acting in accordance with ISAC recommendation
70 Offence
Collapse
Part 9—Review of actions
Collapse
Division 1—Preliminary
71 General policy about review
72 Outline of Part
73 Review of certain promotion and engagement decisions
74 Review of other Parliamentary Service action
75 Secretary’s responsibility
76 Definition
Collapse
Division 2—Review of certain Parliamentary Service promotion decisions and engagement decisions (including decisions involving APS employees)
77 Application of Division 2
78 Entitlement for review—promotion decision
79 Entitlement for review—engagement decision
80 Grounds for review
81 Application for review
82 Appointment of PRC
83 Constitution of PRC
84 Statements by parties
85 Frivolous or vexatious applications
86 PRC procedures—minimum requirements
87 PRC procedures—Merit Protection Commissioner’s instructions
88 Assistance to PRC
89 Requirement to provide information or documents
90 Conduct of review by PRC
91 Non-agreement on decision by PRC
92 Effect of PRC decision
93 Offence
Collapse
Division 3—Application by Parliamentary Service employees for review of other actions
Collapse
Subdivision 1—Reviewable action
94 Entitlement for review
95 What Parliamentary Service action is reviewable action
Collapse
Subdivision 2—Primary review
96 Application for primary review
97 Referral to Merit Protection Commissioner
98 Notice that action not reviewable
99 Conduct of review by Secretary
100 Conduct of review by Merit Protection Commissioner
Collapse
Subdivision 3—Secondary review
101 Application for secondary review
102 Secretary to give documents to Merit Protection Commissioner
103 Conduct of review
Collapse
Subdivision 4—Action following recommendation to Secretary
104 Action by Secretary
Collapse
Subdivision 5—Other provisions about review
105 Review procedures—minimum requirements
106 Requirement to provide information or documents
107 Making of application does not operate as stay
108 Offence
Collapse
Part 10—Other employment matters
109 Knowledge obligation
110 Restrictions on engaging redundancy benefit recipients
111 Termination of employment of non-ongoing Parliamentary Service employees
112 Incentive to retire—SES employee
Collapse
Part 11—Merit Protection Commissioner
Collapse
Division 1—Prescribed functions
113 Prescribed functions
Collapse
Division 2—Basic procedural requirements for Code of Conduct inquiries
114 Basic requirements for procedures for determining breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee
Collapse
Division 3—Complaints of former employees
115 Investigation of complaints by former employees
Collapse
Division 4—Review of determination of breach of Code of Conduct by former Parliamentary Service employee
116 Entitlement for review
117 Application for review
118 Notice that action not reviewable
119 Conduct of review
120 Review procedures—minimum requirements
121 Requirement to provide information or documents
122 Making of an application does not operate as stay
123 Offence
Collapse
Division 5—Review of actions of statutory office holders
124 Review of actions of statutory office holders who are not Secretaries
Collapse
Division 6—Miscellaneous
125 Independence of Merit Protection Commissioner
126 Entrusted person
127 Protected information
128 Compellability of entrusted persons to give evidence
129 Giving information or producing documents
Collapse
Part 12—Whistleblower reports
130 Basic requirements for procedures—Secretary
131 Basic requirements for dealing with reports—Commissioner or Merit Protection Commissioner
132 Decision to decline to conduct or discontinue an inquiry—prescribed circumstances
Collapse
Part 13—Attachment of salaries to satisfy judgement debts
133 Definitions
134 Application of this Part
135 Application of State and Territory law
136 Paying officer
137 Authority to make deductions
138 Administration fee
139 More than one judgement debt
140 Effect of deductions
141 Rate of deductions
142 Move to another Department
143 Administration of deductions
144 Recovery of overpayment
Collapse
Part 14—Delegation
145 Delegation by Merit Protection Commissioner
146 Delegation by Secretary
Collapse
Part 15—Miscellaneous
147 Use and disclosure of personal information
Collapse
Part 16—Transitional arrangements
148 Definitions
149 Review of matters relating to Code of Conduct as in force before 1 July 2013
150 Review of action lodged before 1 July 2013
151 Conduct of ISAC and recommendation by ISAC
152 Review of promotion notified before 1 July 2013
153 Notification of employment opportunities, employment decisions and cancellation decision
Schedule 1—Dictionary
Collapse
Schedule 2—Comparison with Public Service Classifications
1 Meaning of comparable classification or lower
2 Meaning of higher classification
Schedule 3—Non-reviewable actions