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Parliamentary Service Determination 2024
In force
Administered by
Department of the Prime Minister and Cabinet
This item is authorised by the following title:
Parliamentary Service Act 1999
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F2024L01239
30 September 2024
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Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
6 Meaning of comparable classification or lower
7 Meaning of higher classification
8 Meaning of similar vacancy
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Part 2—Parliamentary Service Values
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Division 1—Preliminary
9 Purpose of this Part
Division 2—Parliamentary Service Values
10 Parliamentary Service Value 1—Committed to service
11 Parliamentary Service Value 2—Ethical
12 Parliamentary Service Value 3—Respectful
13 Parliamentary Service Value 4—Accountable
14 Parliamentary Service Value 5—Impartial
Division 3—Integrity of the Parliamentary Service
15 Mandatory integrity training for Parliamentary Service employees
16 Consulting Parliamentary Service Commissioner before entering into agreement settling dispute about sexual harassment including non disclosure or confidentiality provision
17 Notifying the Parliamentary Service Commissioner of agreements that are for settling disputes about employment matters and include non disclosure or confidentiality provisions
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Part 3—Parliamentary Service employment
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Division 1—Engagement of non ongoing employees
18 Engagement of SES employees for a specified term
19 Engagement of non ongoing non SES employees
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Division 2—Merit in engagement and promotion
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Subdivision A—Preliminary
20 Purpose of this Division
21 How a Secretary upholds the principle of merit based decision making
Subdivision B—Merit based selection processes
22 Merit based selection process for engagement or promotion
23 Notification of vacancy in the Public Service Gazette
24 Additional requirements for SES engagement or promotion decisions
Subdivision C—Selection processes for certain types of engagements and promotions
25 Engagement on a short term, irregular or intermittent basis
26 Engagement of person from State or Territory jurisdiction
27 Engagement of ongoing Parliamentary Service employee as non ongoing Parliamentary Service employee
28 Engagement of non ongoing Parliamentary Service employee as ongoing employee in exceptional circumstances
29 Affirmative measure—Aboriginal and Torres Strait Islander employment
30 Affirmative measure—RecruitAbility Scheme
31 Affirmative measure—disability
32 Promotion after appointment to a statutory office
33 Engagement of an ongoing APS employee as an ongoing Parliamentary Service employee
34 Re engagement of election candidates
35 Re engagement of a former Parliamentary Service employee
Division 3—Engagement on probation
36 Purpose of this Division
37 Parliamentary Service employees to be engaged on probation
Division 4—Assignment of duties and movement between Departments
38 Purpose of this Division
39 Moves between Departments not associated with promotion
40 Moves between Departments on promotion
41 Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct
Division 5—Notification and date of effect of certain employment decisions
42 Purpose of Division
43 Gazettal of employment decisions
44 Gazettal when decisions previously notified are cancelled
45 When promotion and engagement decisions take effect—general case
Division 6—Employer powers of Secretaries
46 Condition of engagement—health clearance
47 Direction to attend medical examination
48 Suspension from duties
49 Termination of employment
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Part 4—Performance management
50 Purpose of this Part
51 Achieving effective performance—Secretaries
52 Achieving effective performance—supervisors
53 Achieving effective performance—Parliamentary Service employees
54 Managing performance in cases of a potential breach of the Code of Conduct
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Part 5—Employment related information
55 Purpose of this Part
56 Requirement to give information, or documents, about workplace relations to the Parliamentary Service Commissioner
57 Prompt, accurate giving of information to the Parliamentary Service Commissioner
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Part 6—Code of Conduct
58 Allegations of breach of Code of Conduct by Secretary or statutory office holder
59 Duty not to disclose information
60 Statutory office holder bound by Code of Conduct
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Part 7—Review of actions
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Division 1—Statement of intent and outline
61 General policy about review
62 Review of Parliamentary Service actions—certain promotion decisions and engagement decisions
63 Review of other Parliamentary Service action
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Division 2—Review of certain Parliamentary Service promotion decisions and engagement decisions (including decisions involving APS employees)
64 Application of this Division
65 Entitlement to review—promotion decisions
66 Entitlement to review—engagement decisions involving APS employees
67 Grounds for review
68 Application for review
69 Appointment of PRC
70 Constitution of PRC
71 Statements by parties
72 Frivolous or vexatious applications
73 PRC procedures—minimum requirements
74 PRC procedures—Merit Protection Commissioner’s instructions
75 Assistance to PRC
76 Requirement to provide information or documents
77 Conduct of review by PRC
78 Non agreement on decision or recommendation by PRC
79 Effect of PRC decision or PRC recommendation
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Division 3—Review of other Parliamentary Service actions
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Subdivision A—Reviewable actions
80 Entitlement to review
81 What Parliamentary Service actions are reviewable actions
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Subdivision B—Primary review
82 Application for primary review
83 Referral to Merit Protection Commissioner
84 Notice that Parliamentary Service action is not a reviewable action
85 Conduct of review by relevant Secretary
86 Conduct of review by Merit Protection Commissioner
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Subdivision C—Secondary review
87 Application for secondary review
88 Secretary to give documents to Merit Protection Commissioner
89 Conduct of review by Merit Protection Commissioner
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Subdivision D—Action following recommendation to Secretary
90 Action by Secretary
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Subdivision E—Other provisions about review
91 Review procedures—minimum requirements
92 Requirement to provide information or documents
93 Making of application does not operate as stay
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Part 8—Other employment matters
94 Purpose of this Part
95 Knowledge of Act and this instrument
96 Restrictions on engaging a person who has received a redundancy benefit
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Part 9—The Parliamentary Service Commissioner—functions
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Division 1—Inquiries into public interest disclosures relating to alleged breaches of Code of Conduct
97 Inquiries into public interest disclosures relating to alleged breaches of the Code of Conduct
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Division 2—Other functions
98 Inquiries into Merit Protection Commissioner’s behaviour
99 Inquiries into alleged breaches of Code of Conduct by statutory office holders
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Part 10—The Merit Protection Commissioner—functions
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Division 1—Inquiry functions under the Act
100 Inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct
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Division 2—Other functions
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Subdivision A—Purpose of this Division
101 Purpose of this Division
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Subdivision B—Independent Selection Advisory Committees
102 Establishment of ISAC
103 Function of ISAC
104 Constitution of ISAC
105 ISAC procedures—minimum requirements
106 ISAC procedures—Merit Protection Commissioner’s instructions
107 Assistance to ISAC
108 Assessment and recommendation by ISAC
109 Non agreement on recommendation by ISAC
110 ISAC recommendation not binding
111 Effect of acting in accordance with ISAC recommendation
112 Effect of not acting in accordance with ISAC recommendation
113 Merit Protection Commissioner authorised to charge fees
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Subdivision C—Investigation of complaints by former employees
114 Investigation of complaints by former employees
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Subdivision D—Review of determination of breach of Code of Conduct by former Parliamentary Service employee
115 Review by Merit Protection Commissioner if former Parliamentary Service employee is entitled to review
116 Application for review
117 Notice that action not reviewable
118 Conduct of review
119 Action by Secretary
120 Review procedures—minimum requirements
121 Requirement to provide information or documents
122 Making of an application does not operate as stay
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Subdivision E—Review of actions of statutory office holders
123 Review of actions of statutory office holders other than Secretaries
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Division 3—Basic requirements for procedures for determining alleged breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee
124 Basic requirements for procedures for determining breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee
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Division 4—Other provisions
125 Independence of Merit Protection Commissioner
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Part 11—Attachment of salaries to satisfy judgment debts
126 Application of this Part
127 Application of State and Territory law
128 Paying officer
129 Authority to make deductions
130 Administration fee
131 More than one judgment debt
132 Effect of deductions
133 Rate of deductions
134 Move to another Department
135 Administration of deductions
136 Recovery of overpayment
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Part 12—Protection of information
137 Parliamentary Service Commissioner’s functions etc.
138 Merit Protection Commissioner’s functions etc.
139 Giving information or producing documents to Parliamentary Service Commissioner not admissible in evidence etc.
140 Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc.
141 Use and disclosure of personal information
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Part 13—Miscellaneous
142 Delegation by Parliamentary Service Commissioner
143 Delegation by Merit Protection Commissioner
144 Delegation by Secretary
145 Immunity from civil proceedings in relation to Parliamentary Service Commissioner’s functions
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Part 14—Transitional arrangements
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Division 1—Transitional arrangements in relation to the commencement of this instrument
146 Definitions
147 Instruments made and other things done under the old determination
148 Conduct, event, circumstances occurring before commencement
149 Notification of employment decisions
150 Review of promotion notified before commencement
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151 Review of actions where application for review made before commencement day
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Schedule 1—Repeals
Parliamentary Service Determination 2013