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Parliamentary Service Act 1999
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Administered by
Department of the Prime Minister and Cabinet
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C2004A00536
11 November 1999
-
16 October 2001
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Table of contents
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 This Act binds the Crown
5 This Act extends to things outside Australia
6 Engagement of employees in a Department
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Part 2—Interpretation
7 Interpretation
8 Workplace Relations Act
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Part 3—The Australian Parliamentary Service
9 Constitution of the Australian Parliamentary Service
10 Parliamentary Service Values
11 Commissioner must give advice to Presiding Officers about Parliamentary Service Values
12 Secretaries must promote Parliamentary Service Values
13 The Parliamentary Service Code of Conduct
14 Secretaries bound by Code of Conduct
15 Breaches of the Code of Conduct
16 Protection for whistleblowers
17 Prohibition on patronage and favouritism
18 Promotion of employment equity
19 Restrictions on directions to Clerks
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Part 4—Parliamentary Service employees
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Division 1—Parliamentary Service employees generally
20 General directions to Secretaries
21 Employer powers etc. of Secretary
22 Engagement of Parliamentary Service employees
23 Classification Rules
24 Remuneration and other conditions
25 Assignment of duties
26 Mobility between Parliamentary Service and Public Service
27 Compulsory moves between Parliamentary Departments and between the Parliamentary Service and the Australian Public Service
28 Suspension
29 Termination of employment
30 Retirement
31 Forfeiture of additional remuneration
32 Right of return for election candidates
33 Review of actions
Division 2—The Senior Executive Service
34 SES employees
35 Constitution and role of SES
36 Commissioner’s guidelines on SES matters
37 Incentive to retire
38 Commissioner’s certificate required for termination of SES employment
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Part 5—The Parliamentary Service Commissioner
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Division 1—Commissioner’s functions etc.
39 Parliamentary Service Commissioner
40 Commissioner’s functions
41 Commissioner’s inquiry powers
42 Annual report
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Division 2—Commissioner’s appointment, conditions etc.
43 Appointment of Commissioner
44 Remuneration and other conditions of appointment
45 Removal from office
46 Acting Commissioner
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Part 6—The Parliamentary Service Merit Protection Commissioner
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Division 1—Merit Protection Commissioner’s functions etc.
47 Parliamentary Service Merit Protection Commissioner
48 Merit Protection Commissioner’s functions
49 Annual report
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Division 2—Merit Protection Commissioner’s appointment, conditions etc.
50 Appointment of Merit Protection Commissioner
51 Remuneration and other conditions of appointment
52 Removal from office
53 Acting Merit Protection Commissioner
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Part 7—Departments and Secretaries
54 Departments
55 Offices of Clerk of the Senate and Clerk of the House of Representatives
56 Office of Secretary of a Department
57 Responsibility for managing Department
58 Appointment of Clerk of the Senate and Clerk of the House of Representatives
59 Appointment of Secretary of a Department
60 Termination of appointment of Clerk of the Senate or Clerk of the House of Representatives
61 Termination of appointment of Secretary of a Department
62 Suspension of Clerk of the Senate or Clerk of the House of Representatives
63 Remuneration and other conditions of appointment
64 Acting Secretary
65 Annual report
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Part 8—Miscellaneous
66 Payments in special circumstances
67 Attachment of salaries to satisfy judgment debts
68 Release of personal information
69 Positions
70 Delegations
71 Determinations
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Part 9—Transitional provisions
72 Interpretation
73 Operation of Part
74 Continuation of existing Departments
75 Current heads of Parliamentary Departments to continue in office
76 Conversion of officers and employees
77 Rights under Part IV of the old Act—first tier persons
78 Rights under Part IV of the old Act—second tier persons
79 Determinations under the old Act
80 Misconduct
81 References to Agency, Agency Head, former Parliamentary Departments and Secretaries
82 References in statutory instruments to “officer” etc.
83 Determinations
84 Certain Acts continue to apply to Departments established and people appointed or engaged under this Act
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Part 10—Schedules
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85 Schedule(s)
Schedule 1—Amendment of the Parliamentary Service (Consequential Amendments) Act 1997