Review may not be justified because the applicant does not respond to a request under clause 7.6.3 for further information about why the review is sought.
(3) The following actions are not reviewable:
(a) action about the policy, strategy, nature, scope, resources or direction of the Parliamentary Service or a Department.
(b) action taken in accordance with a direction or reference given by the Presiding Officers under the Act or another Act.
(c) the giving by the Commissioner of:
(i) advice under section 11 of the Act;
(ii) a direction under section 15 of the Act; and
(iii) guidelines under section 36 of the Act.
(d) action taken for an inquiry under section 48 of the Act;
(e) action arising under any of the following Acts:
Australian Security Intelligence Organisation Act 1979
Safety, Rehabilitation and Compensation Act 1988
Superannuation Act 1976
Superannuation Act 1990.
(f) action relating to the engagement of a Parliamentary Service employee (other than an ongoing APS employee engaged under Section 26).
(g) action of a PRC; and
(h) action relating to the promotion of an ongoing Parliamentary Service employee as an SES employee (whether or not the employee is already an SES employee).
(4) Action that determines, under section 25 of the Act, duties of a Parliamentary Service employee or the place or places where they are to be performed, is not reviewable unless the action involves:
(a) a reduction in classification; or
(b) a relocation to another place; or
(c) a promotion that meets the following criteria:
(i) the affected employee was an applicant for the promotion;
(ii) the promotion was to employment at a classification included in Groups 7 or 8 of the Classification Rules;
(iii) there were serious defects in the selection process; or
(d) the assignment to an employee of duties that the employee could not reasonably be expected to perform.
Division 7.4 Review of other Parliamentary Service actions - primary review
7.4.1 Application for primary review (Clause 2.3.3 of 1999/2)
(1) An affected employee may apply in writing to the relevant Secretary for review of reviewable action.
(2) However, the application must be made to the Merit Protection Commissioner if the application is for review of:
(a) a determination that the affected employee has breached the Code of Conduct; or
(b) a sanction imposed for breach of the Code of Conduct, except termination of employment.
Note The Workplace Relations Act 1996 provides for review of unfair and unlawful termination of employment at the instigation of the employer.
(3) Also, the employee may apply in writing to the Merit Protection Commissioner for review of the action if:
(a) the Secretary was directly involved in the action; or
(b) it is not appropriate, because of the seriousness or sensitivity of the action, for the Secretary to deal with the application; or
(c) the action is claimed to be victimisation or harassment of the employee for having made a previous application for review of action.
(4) The application must state briefly:
(a) why the review is sought; and
(b) if a particular outcome is sought - the outcome sought.
Note Examples of outcomes:
1 Reconsideration of the action.
2 Reassignment of duties.
7.4.2 Referral to Merit Protection Commissioner (Clause 2.3.4 of 1999/2)
(1) If an application for review of reviewable action is made to the relevant Secretary, the Secretary may, with the Merit Protection Commissioner’s agreement, refer the application to the Merit Protection Commissioner.
(2) The Secretary may, for example, refer the application to the Merit Protection Commissioner under subclause (1) if he or she:
(a) was directly involved in the action; or
(b) considers that it is not an application appropriate for him or her to deal with.
(3) If the Secretary refers the application to the Merit Protection Commissioner, the Secretary must tell the employee in writing.
Note Clause 7.4.5 deals with review of applications referred to the Merit Protection Commissioner by a Secretary.
7.4.3 Notice that action is not reviewable (Clause 2.3.5 of 1999/2)
If an application for review of Parliamentary Service action is made and, under subclause 7.3.3, the action is not reviewable action, the person who would have conducted the review must tell the employee in writing:
(a) that the action is not reviewable; and
(b) the reasons why it is considered that the action is not reviewable; and
(c) if the application was not made or referred to the Merit Protection Commissioner - of the employee’s right to apply to the Merit Protection Commissioner under Division 7.5 for secondary review of the action.
7.4.4 Conduct of review by Secretary (Clause 2.3.6 of 1999/2)
(1) If a Secretary does not refer an application for review to the Merit Protection Commissioner, the Secretary must review the action and attempt to resolve the employee’s concerns about the action.
(2) Subject to subclause 7.6.1(1), the Secretary may conduct the review in any manner the Secretary thinks fit.
(3) The Secretary may:
(a) confirm the action; or
(b) vary the action; or
(c) set the action aside and substitute a new action.
(4) Subclause (3) does not limit the employer powers of the Secretary in relation to the action or the affected employee.
(5) The Secretary must tell the employee in writing of:
(a) any decision made on the application; and
(b) the reasons for the decision; and
(c) any action taken or to be taken as a result of the review; and
(d) the applicant’s right to apply to the Merit Protection Commissioner under Division 7.5 for secondary review of the action.
7.4.5 Conduct of review by Merit Protection Commissioner (Clause 2.3.7 of 1999/2)
(1) This clause applies if an application for review of a Parliamentary Service action is:
(a) made to the Merit Protection Commissioner under subclauses 7.4.1(2) or (3); or
(b) referred to the Merit Protection Commissioner under subclause 7.4.2(1).
(2) The Merit Protection Commissioner must nominate a person (who may be the Merit Protection Commissioner), or constitute a three-person committee, to conduct the review.
(3) If the Merit Protection Commissioner is to conduct the review, he or she must:
(b) make a recommendation to the Secretary in writing about the action; and
(c) tell the Secretary in writing of the reasons for the recommendation; and
(d) tell the employee in writing of the recommendation and the reasons given to the Secretary.
(4) If another person or a committee is to conduct the review, the person or committee must:
(b) make a recommendation to the Merit Protection Commissioner in writing about the action; and
(c) tell the Merit Protection Commissioner in writing of the reasons for the recommendation.
(5) After receiving the recommendation and reasons mentioned in paragraphs (4)(b) and (c), the Merit Protection Commissioner:
(a) must report to the Secretary in writing about the recommendation and reasons; and
(b) may make a recommendation to the Secretary in writing about the action (which may be different to the recommendation made by the person or committee conducting the review); and
(c) must give the employee a copy of the report and any recommendation made by the Merit Protection Commissioner about the action.
Division 7.5 Review of other Parliamentary Service actions - secondary review
7.5.1 Application for secondary review (Clause 2.3.8 of 1999/2)
(1) An affected employee may apply in writing to the Merit Protection Commissioner for secondary review of reviewable action if:
(a) the Secretary has told the employee under subclause 7.4.3(a) that the action is not reviewable action; or
(c) the employee is dissatisfied with the outcome of the Secretary’s review of the action under clause 7.4.4.
(2) The application must be made through the Secretary.
(3) The application must state briefly why the review is sought.
7.5.2 Secretary to give documents to Merit Protection Commissioner (Clause 2.3.9 of 1999/2)
(1) Within 14 days after receiving the application, the Secretary must give to the Merit Protection Commissioner:
(a) the application; and
(b) any relevant documents relating to the primary review of the action.
(2) The Secretary must give to the affected employee a copy of any documents given to the Merit Protection Commissioner under paragraph (1)(b).
7.5.3 Conduct of review (Clause 2.3.10 of 1999/2)
(1) The Merit Protection Commissioner must nominate a person (who may be the Merit Protection Commissioner), or constitute a three-person committee, to conduct the review.
(2) If the Merit Protection Commissioner is to conduct the review, he or she must:
(b) make a recommendation to the Secretary in writing about the action; and
(c) tell the Secretary in writing of the reasons for the recommendation; and
(d) tell the employee in writing of the recommendation and reasons given to the Secretary.
(3) If another person or a committee is to conduct the review, the person or committee must:
(b) make a recommendation to the Merit Protection Commissioner in writing about the action; and
(c) tell the Merit Protection Commissioner in writing of the reasons for the recommendation.
(4) After receiving the recommendation and reasons mentioned in paragraphs (3)(b) and (c), the Merit Protection Commissioner:
(a) must report to the Secretary in writing about the recommendation and reasons; and
(b) may make a recommendation to the Secretary in writing about the action (which may be different to the recommendation made by the person or committee conducting the review); and
(c) must give the employee a copy of the report and any recommendation made by the Merit Protection Commissioner about the action.
7.5.4 Action by Secretary (Clause 2.3.11 of 1999/2)
(1) If a Secretary receives a recommendation under clause 7.4.5 or 7.5.3, the Secretary must, as soon as possible:
(a) consider the recommendation; and
(b) make a decision about the recommendation.
(2) The Secretary may:
(a) confirm the relevant action; or
(b) vary the action; or
(c) set the action aside and substitute a new action.
(3) Subclause (2) does not limit the employer powers of the Secretary in relation to the action or the affected employee.
(4) The Secretary must tell the employee and the Merit Protection Commissioner in writing of:
(a) the decision; and
(b) if the recommendation is not followed, the reasons for the decision.
Note Subsection 33(6) of the Act allows for matters to be reported to a Secretary and to the Presiding Officers, for presentation to the Parliament, if the Merit Protection Commissioner is not satisfied with the response to recommendations contained in a report on review under section 33.
Division 7.6 Review of other Parliamentary Service actions - general provisions about review
7.6.1 Review procedures - minimum requirements (Clause 2.3.12 of 1999/2)
(1) The procedures used for a review conducted under this Part must meet the following minimum requirements:
(b) the review must be conducted in private; and
(d) the review must be finished as quickly, and with as little formality, as a proper consideration of the matter allows.
(2) A person appearing before a person or committee conducting a review under clause 7.4.5 or 7.5.3 must do so without representation unless the Merit Protection Commissioner decides that, in all the circumstances, it would be reasonable to allow the person to be represented.
(1) The Merit Protection Commissioner must issue instructions about the procedures to be followed by a person or committee conducting a review under clause 7.4.5 or 7.5.3.
(2) The instructions must not be inconsistent with the Act or Presiding Officers’ determinations under the Act.
(3) A person or committee conducting a review under clause 7.4.5 or 7.5.3 must comply with the instructions.
7.6.3 Requirement to provide information or documents (Clause 2.3.14 of 1999/2)
(1) A person or committee carrying out a review under Division 7.4 or Division 7.5 may, by written notice given to a Secretary or Parliamentary Service employee, require the Secretary or Parliamentary Service employee to give the person or committee stated information or documents relevant to the review.
(2) The Secretary or Parliamentary Service employee must give the information or documents in the way, and at or within the time, stated in the notice.
7.6.4 Making of application does not operate as stay (Clause 2.3.15 of 1999/2)
The making of an application for review of Parliamentary Service action under Division 7.4 or Division 7.5 does not operate to stay the action.
7.6.5 Offence (Clause 2.3.16 of 1999/2)
(1) A person must not obstruct a person or committee conducting a review in carrying out functions under Division 7.4 or Division 7.5.
(2) Strict liability applies to the physical element of an offence against subclause (1) that the functions being carried out by the person or committee were functions under this Division.
Part 8 Parliamentary Service Commissioner
8.1 Parliamentary Service Commissioner: immunity from suit (Clause 3.1.1 of 1999/2)
(1) This clause applies in relation to the following persons:
(a) the Commissioner;
(b) a member of the staff assisting the Commissioner; and
(c) a person acting under the direction or authority of the Commissioner.
(2) A person to whom this clause applies is not liable to an action, suit or proceeding for or in relation to an act done or omitted to be done in good faith in exercise, or purported exercise, of the Commissioner’s function under paragraph 40(1)(b) of the Act in relation to matters mentioned in section 16.
Note Paragraph 40(1)(b) of the Act refers to the Commissioner's function of inquiring into and reporting on Parliamentary Service matters at the request of the Presiding Officers. Section 16 of the Act refers to whistleblowers' reports.
8.2 Parliamentary Service Commissioner: secrecy (Clause 3.1.2 of 1999/2)
(1) This clause applies to the following persons:
(a) the Commissioner;
(b) a member of the staff assisting the Commissioner; and
(c) a person acting under the direction or authority of the Commissioner.
(2) A person to whom this clause applies must not, directly or indirectly, make a record of, or divulge or communicate to any other person, any information that was:
(a) acquired by the person while performing duties as a person described in subclause (1); and
(b) disclosed or obtained in the course of investigating a report to which Division 2.4, about whistleblowers' reports, relates.
(3) Strict liability applies to the following physical elements of an offence against subclause (2):
(a) that the duties performed by the person were duties as a person described in subclause (1); and
(b) that the information was disclosed or obtained in the course of investigating a report to which Division 2.4 relates.
(4) Subclause (2) applies to a person:
(a) while he or performing duties as a person described in subclause (1); and
(b) after ceasing to perform the duties.
(5) Subclause (2) does not prevent a person:
(a) from making a record of, or divulging or communicating to any other person, information acquired by the person:
(i) in the performance of duties as a person described in subclause (1); and
(ii) for purposes connected with the exercise of the powers, and with the performance of the functions, of the Commissioner under the Act; or
(b) from divulging or communicating to any other person information given by a Parliamentary Service employee, in the performance of the Parliamentary Service employee’s duties, with the consent of the Parliamentary Service employee’s Secretary or the Presiding Officers; or
(c) from divulging or communicating to any other person information given by a person, otherwise than as described in paragraph (b), with the consent of the person who gave the information.
(6) Subclause (2) does not prevent the Commissioner from disclosing, in a report made under the Act, matters that, in his or her opinion, ought to be disclosed in the course of setting out the grounds for the conclusions and recommendations contained in the report.
(7) A person who is, or has been, a person described in subclause (1) is not competent and may not be required, in any proceedings before:
(a) a court (whether exercising federal jurisdiction or not); or
(b) before a person authorised:
(i) by a law of the Commonwealth or of a State or Territory, or
(ii) by consent of parties,
to hear, receive or examine evidence;
to disclose any information acquired by the person through being or having been a person described in subclause (1), being information of the kind referred to in subclause (2).
(8) This clause does not prevent the Commissioner from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of a function of the Commissioner under the Act if, in the opinion of the Commissioner:
(a) it is in the interests of any Department or person to disclose the information or to make the statement; or
(b) it is otherwise in the public interest to disclose the information or to make the statement.
(9) The Commissioner must not disclose information or make a statement under subclause (8) with respect to a particular inquiry if the disclosure of the information, or the making of the statement, is likely to interfere with the carrying out of the inquiry, or of any other inquiry.
(10) If the Commissioner discloses information or makes a statement under subclause (8) with respect to a particular inquiry, the Commissioner must not disclose the name of an applicant, or any other matter that would allow an applicant to be identified, unless it is fair and reasonable in all the circumstances to do so.
Part 9 Parliamentary Service Merit Protection Commissioner
9.1 Prescribed functions (Clause 3.2.1 of 1999/2)
(1) The Merit Protection Commissioner’s functions set out in Part 7 are prescribed for the purposes of paragraph 48(1)(d) of the Act.
(2) The Merit Protection Commissioner’s functions set out in this Part are prescribed for the purposes of paragraph 48(1)(e) of the Act.
9.2 Investigation of complaints by former employees (Clause 3.2.2 of 1999/2)
(1) The Merit Protection Commissioner may investigate a complaint by a former Parliamentary Service employee that relates to the employee’s entitlements on separation from the Parliamentary Service.
(2) The Merit Protection Commissioner may make recommendations to the employee’s former Secretary in relation to the complaint.
9.3 Independence of Merit Protection Commissioner (Clause 3.2.3 of 1999/2)
The Merit Protection Commissioner is not subject to direction in carrying out his or her duties under this Determination, except by a Court.
Note Actions taken, or not taken, in accordance with directions or references given by the Presiding Officers under the Act are not reviewable by the Merit Protection Commissioner.
9.4 Merit Protection Commissioner: immunity from suit (Clause 3.2.4 of 1999/2)
(1) This clause applies to the following persons:
(a) the Merit Protection Commissioner;
(b) a member of the staff assisting the Merit Protection Commissioner;
(c) a person acting under the direction or authority of the Merit Protection Commissioner;
(d) a member of a Promotion Review Committee; and
(e) a member of an Independent Selection Advisory Committee.
(2) A person to whom this clause applies is not liable to an action, suit or proceeding for or in relation to an act done or omitted to be done in good faith in exercise, or purported exercise, of any power or authority conferred by the Act.
9.5 Merit Protection Commissioner: secrecy (Clause 3.2.5 of 1999/2)
(1) This regulation applies to the following persons:
(a) the Merit Protection Commissioner;
(b) a member of the staff assisting the Merit Protection Commissioner;
(c) a person acting under the direction or authority of the Merit Protection Commissioner;
(d) a member of a review committee established under paragraph 33(4)(d) of the Act;
(e) a member of an Independent Selection Advisory Committee; and
(g) a person (other than the Merit Protection Commissioner) who is required to assist the Merit Protection Commissioner to investigate a complaint under clause 9.2.
(2) The person must not, directly or indirectly, make a record of, or divulge or communicate to any other person, any information that was:
(a) acquired by the person while performing duties as a person described in subclause (1); and
(b) disclosed or obtained:
(i) under paragraph 48(1)(a), or under determinations made for the purposes of section 33, of the Act; or
(ii) during the investigation of a complaint under clause 9.2; or
(iii) while acting as a member of an Independent Selection Advisory Committee.
Note Penalty units are described in the Crimes Act 1914.
(3) Strict liability applies to the following physical elements of an offence against subclause (2):
(a) that the duties performed by the person were duties as a person described in subclause (1);
(b) that the information was disclosed or obtained under paragraph 48(1)(a), or under determinations made for the purposes of section 33, of the Act;
(c) that the information was disclosed or obtained during the investigation of a complaint under clause 9.2; and
(d) that the information was disclosed or obtained while the person was acting as a member of an Independent Selection Advisory Committee.
(4) Subclause (2) applies to the person:
(a) while he performing duties as a person described in subclause (1); and
(b) after ceasing to perform the duties.
(5) Subclause (2) does not prevent the person:
(a) from making a record of, or divulging or communicating to any other person, information acquired by the person:
(i) while performing duties as a person described in subclause (1); and
(ii) for purposes connected with the exercise of the powers, and with the performance of the functions, of the Merit Protection Commissioner under the Act; or
(b) from divulging or communicating to any other person information given by a Parliamentary Service employee, in the performance of the employee’s duties, with the consent of the employee’s Secretary or the Presiding Officers; or
(c) from divulging or communicating to any person information given by a person, otherwise than as described in paragraph (b), with the consent of the person who gave the information.
(6) Subclause (2) does not prevent the Merit Protection Commissioner from disclosing, in a report made under the Act, matters that, in his or her opinion, ought to be disclosed in the course of setting out the grounds for the conclusions and recommendations contained in the report.
(7) A person who is, or has been, a person described in subclause (1) is not competent and may not be required, in any proceedings before:
(a) a court (whether exercising federal jurisdiction or not); or
(b) before a person authorised:
(i) by a law of the Commonwealth or of a State or Territory, or
(ii) by consent of parties,
to hear, receive or examine evidence;
to disclose any information acquired by the person through being or having been a person described in subclause (1), being information that was disclosed or obtained under the provisions of section 33 or paragraph 48 (1) (a) of the Act.
(8) This clause does not prevent the Merit Protection Commissioner from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of a function of the Merit Protection Commissioner under the Act if, in the opinion of the Merit Protection Commissioner:
(a) it is in the interests of any Department or person to disclose the information or to make the statement; or
(b) it is otherwise in the public interest to disclose the information or to make the statement.
(9) The Merit Protection Commissioner must not disclose information or make a statement under subclause (8) with respect to a particular inquiry or review if the disclosure of the information, or the making of the statement, is likely to interfere with the carrying out of the inquiry or review, or of any other inquiry or review.
(10) If the Merit Protection Commissioner discloses information or makes a statement under subclause (8) with respect to a particular inquiry or review, the Merit Protection Commissioner must not disclose the name of an applicant, or any other matter that would allow an applicant to be identified, unless it is fair and reasonable in all the circumstances to do so.
Part 10 Attachment of salaries to satisfy judgement debts (Part 6 of 1999/1)
10.1 Definitions
In this Part:
creditor means a person to whom a Secretary, the Parliamentary Librarian or a Parliamentary Service employee owes a judgement debt.
debtor means a Secretary, the Parliamentary Librarian or a Parliamentary Service employee who owes a judgement debt.
net salary in relation to a debtor means the debtor’s gross salary less any amounts to be deducted to pay income tax, child support under the Child Support (Assessment) Act 1989 or a superannuation contribution.
gross salary means the sum of the debtor's gross salary as a Secretary or Parliamentary Service employee (not including an amount of compensation under the Safety, Rehabilitation and Compensation Act 1988) and allowances in the nature of salary paid regularly to the debtor.
superannuation contribution means an amount that the debtor is required to contribute to a superannuation fund relating to the debtor's engagement as a Secretary or Parliamentary Service employee, that is the minimum amount required by law or the rules of the fund.
10.2 Application of Part 10
This Part does not apply in relation to a debtor whose estate has been sequestrated, either voluntarily or compulsorily, for the benefit of creditors and who has not yet obtained a certificate of discharge.
10.3 When deductions may be made
(1) Deductions may be made from the salary of a debtor and the amounts deducted paid to satisfy a judgement debt in accordance with this Part.
(2) A Secretary may make deductions from the salary of a debtor in the Secretary's Department to satisfy a judgement debt if:
(a) the judgement creditor has asked the Secretary to make deductions from the salary of the debtor and provided the Secretary with a copy of the judgement to which the judgement debt relates, certified by Registrar or other proper officer of the relevant Court, and a statutory declaration that the judgement debt is still outstanding and as to the amount outstanding;
(b) the administration fee required by clause 10.6 is paid;
(c) the debtor has been given a notice under subclause (3); and
(d) the debtor does not satisfy the Secretary that the judgement debt has been discharged or satisfied.
(3) Before making deductions from the salary of a debtor under subclause (2), the Secretary must give the debtor 30 days’ notice of the Secretary's intention to make deductions together with a copy of each of the documents referred to in paragraph (2)(a).
(4) A debtor given notice under subclause (3) has 14 days in which to satisfy the Secretary that the judgement debt has been discharged or satisfied or that the amount outstanding is different from the amount declared under subclause (2).
10.4 Amount of deductions
Deductions may be made from the salary of the debtor of whichever of the following amounts is applicable:
(a) amounts equal to 20% of the net salary of the debtor;
(b) if the amounts of deductions to be made would cause serious financial hardship to the debtor - such smaller amounts as in the Secretary's opinion would not cause that hardship;
(c) if the debtor asks for deductions to be made of higher amounts - of those amounts;
(d) if a single deduction of a smaller amount would satisfy the judgement debt - of that smaller amount.
10.5 More than one judgement debt
(1) If more than one judgement debt exists against a debtor, the Secretary must deal with them one at a time in the order in which the Secretary has received notice of them.
(2) If a Secretary receives notice or more than one judgement debt at the same time, the Secretary must deal with them one at a time in the order in which the judgements to which the judgement debts relate were made.
(3) Deductions may be made from the salary of a debtor only to satisfy one judgement debt at a time.
10.6 Administration fee
(1) A judgement creditor who requests deductions under this part to satisfy a judgement debt must pay a fee of $38 for the making of the deductions.
(2) The fee is the price of the supply of a service for the purposes of the A New Tax System (Goods and Services Tax) Act 1999.
10.7 Effect of deductions
(1) The Secretary may pay an amount deducted from the salary of a debtor under this Part to the judgement creditor.
(2) An amount equal to the amount of the payment is taken to have been paid to the debtor as salary when the payment is made to the judgement creditor and the same amount is taken to have been paid to the judgement creditor by the debtor for the purposes of satisfying the judgement debt.
(3) If more money is paid under this Part to a judgement creditor than is required to satisfy a judgement debt, the amount of the overpayment is a debt owing by the judgement creditor to the debtor.
Part 11 Delegations
11.1 Delegation by Secretary (Clause 7.2 of 1999/1)
(1) A Secretary may, in writing, delegate to a person any of the Secretary’s powers or functions under a determination by the Presiding Officers under the Act (other than this clause).
(2) However, a Secretary cannot delegate powers or functions to an outsider without the prior written consent of the Commissioner.
(3) An SES employee or acting SES employee, or the Parliamentary Librarian or acting Parliamentary Librarian (the first delegate) to whom powers or functions are delegated under subclause (1) may, in writing, delegate any of the powers or functions to another person (the second delegate).
(4) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subclause (1), the first delegate must give corresponding directions to the second delegate.
(5) A power or function that is exercised or performed by a person under a delegation under subclause (3) is taken, for this Determination, to have been exercised or performed by the person who originally delegated the corresponding power or function under subclause (1).
(6) A person exercising powers or functions under a delegation under this clause must comply with any directions of the person who delegated the power or function.
(7) In this clause:
outsider means a person other than:
(a) a Parliamentary Service employee; or
(b) a person appointed to an office by the Presiding Officers.
11.2 Delegation by Commissioner and Merit Protection Commissioner (new provision)
(1) The Commissioner may, in writing, delegate to a senior official any of the Commissioner’s powers or functions under a determination by the Presiding Officers under the Act (other than this clause).
(2) The Merit Protection Commissioner may, in writing, delegate to a person any of the Merit Protection Commissioner’s powers or functions under a determination by the Presiding Officers under the Act (other than this clause).
(3) A person (the first delegate) to whom powers or functions are delegated under subclauses (1) or (2) may, in writing, delegate any of the powers or functions to another person (the second delegate).
(4) However, if the first delegate is subject to directions about the exercise of a power or function delegated under subclauses (1) or (2), the first delegate must give corresponding directions to the second delegate.
(5) A power or function that is exercised or performed by a person under a delegation under subclause (3) is taken, for this Determination, to have been exercised or performed by the person who originally delegated the corresponding power or function under subclauses (1) or (2).
(6) A person exercising powers or functions under a delegation under this clause must comply with any directions of the person who delegated the power or function.
(7) In this clause:
senior official means a person other than:
(a) a person who holds any office or appointment under an Act; or
(b) an SES employee or acting SES employee.
Schedule 1 Dictionary
Note Words and expressions defined in the Parliamentary Service Act 1999 are indicated by an asterisk (*).
Act means the Parliamentary Service Act 1999.
*action includes a refusal or failure to act.
*Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.
APS Agency has the meaning of Agency given by the Public Service Act 1999.
APS means the Australian Public Service established under the Public Service Act 1999.
*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.
classification means an approved classification within the meaning of the Classification Rules.
classification group means a group of classifications mentioned in column 1 of Schedule 1 to the Classification Rules.
*Classification Rules means the Parliamentary Service Classification Rules made under section 23 of the Act, as in force from time to time.
*Code of Conduct (or Code) means the rules in section 13 of the Act.
*Commissioner means the Parliamentary Service Commissioner appointed under the Act.
*Department means a Department of the Parliament that is established under the Act.
employee means a Parliamentary Service employee.
employer powers, for a Secretary, means the rights, duties and powers of the Secretary under Part 4 of the Act.
employment means Parliamentary Service employment.
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.
external review body does not include a Court or Tribunal.
Gazette includes the electronic APS Employment Gazette.
higher classification, for an employee, means a classification that is in a higher classification group than the employee’s current classification.
Independent Selection Advisory Committee, or ISAC, means an Independent Selection Advisory Committee established under this Determination.
lower classification, for an employee, means a classification that is in a lower classification group than the employee’s current classification.
merit - see subsection 10(2) of the Act and the note in clause 3.5.1.
*Merit Protection Commissioner means the Parliamentary Service Merit Protection Commissioner appointed under the Act.
nominated medical practitioner means a medical practitioner nominated by the Secretary to assess the fitness for duty of a Parliamentary Service employee in the Department.
*non-SES employee means a Parliamentary Service employee other than an SES employee.
*ongoing Parliamentary Service employee means a person engaged as an ongoing Parliamentary Service employee, as mentioned in paragraph 22(2)(a) of the Act.
operational classification, in relation to a training classification, means a classification mentioned in column 3 of Schedule 2 to the Classification Rules that relates to that training classification.
*Parliamentary Librarian means the holder of the office of Parliamentary Librarian established under section 38A of the Act.
*Parliamentary Service means the Australian Parliamentary Service established by section 9 of the Act.
* Parliamentary Service action means action by a person in the capacity of a Secretary or Parliamentary Service employee.
Note This expression is defined in subsection 33(7) of the Act.
* Parliamentary Service employee means a person engaged under section 22 of the Act.
* Parliamentary Service employment means employment as a Parliamentary Service employee.
Parliamentary Service Group 1 classification means any of the classifications mentioned in column 2 of Group 1 of Schedule 1 to the Classification Rules.
*Parliamentary Service Values means the values in section 10 of the Act.
*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.
*Presiding Officers means:
(a) where the expression is used in connection with a reference to the Department of the Senate or the Clerk of the Senate - the President of the Senate; or
(b) where the expression is used in connection with a reference to the Department of the House of Representatives or the Clerk of that House - the Speaker of the House of Representatives; or
(c) otherwise - the President of the Senate and the Speaker of the House of Representatives acting jointly.
promotion, for an ongoing Parliamentary Service employee, has the meaning given by clause 3.2.2.
Promotion Review Committee, or PRC, means a Promotion Review Committee established under this Determination.
reviewable action, for Part 7, see clauses 7.3.2 and 7.3.3.
Secretary, for review of Parliamentary Service action, means:
(a) if the action is action by a Secretary — that Secretary; or
(b) if the action is action by a Parliamentary Service employee — the Secretary of the Department in which the employee was employed at the time of the action.
*Secretary means the Secretary of a Department and includes the Clerk of the Senate and the Clerk of the House of Representatives.
*SES means the Senior Executive Service established by section 35.
*SES employee has the meaning given by section 34.
similar employment, in relation to an opportunity for employment notified in the Gazette, means employment that comprises similar duties and is at the same classification as the employment notified in the Gazette.
*Statutory office holder has the meaning given by section 14.
training classification has the meaning given in the Classification Rules.
Tribunal means a Tribunal constituted under an enactment.
whistleblower's report (or whistleblowers' reports) means a report or reports made by a Parliamentary Service employee about a breach or alleged breach of the Code of Conduct.
*workplace agreement has the meaning given by the Workplace Relations Act 1996.
Notes to Parliamentary Service Determination 2003/2
Note 1
Note: Parliamentary Service Determination 2003/2 (in force under section 71 of the Parliamentary Service Act 1999) as shown in this compilation is amended as indicated in the Table below.
Note: > Note: Table of Instruments
Title
Date of notification in Gazette or FRLI registration
Date ofcommencement
Application, saving ortransitional provisions
Parliamentary Service Determination 2003/2
7 January 2004 (see 2004, No GN 1)
7 January 2004
Parliamentary Service Amendment Determination 2008/1 (F2008L08269)
1 August 2008
2 August 2008
Parliamentary Service Amendment Determination 2009/1 (F2009L02761)