76Staff of a Commission

#### 76 Staff of a Commission (1) The staff of a Commission must be persons: (a) who are made available to the Commission by a parliamentary presiding officer; or (b) whose services are made available to the Commission under an arrangement made under subsection (2). APS employees to be made available to a Commission (2) The parliamentary presiding officers may jointly arrange with an Agency Head (as defined in the Public Service Act 1999) for the services of APS employees in the Agency Head’s Agency (as defined in that Act) to be made available to a Commission. (3) While a person is performing services for a Commission under an arrangement under subsection (2): (a) he or she is taken to be: (i) engaged under the Parliamentary Service Act 1999; and (ii) on leave without pay from his or her employment under the Public Service Act 1999; and (b) he or she must perform his or her functions and duties in accordance with the directions of the presiding member (subject to subsection (4)). (4) A direction of a presiding member under paragraph (3)(b) is subject to any direction of the Secretary of the Department that the Commission is taken to be part of under section 79 in relation to: (a) the performance of the Secretary’s functions; and (b) the exercise of the Secretary’s powers; under the Public Governance, Performance and Accountability Act 2013 and the Parliamentary Service Act 1999.