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Parliamentary Service Determination 2013
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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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F2024C00221 (C07)
01 October 2023
-
30 September 2024
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Part 1—Preliminary
1 Name of determination
3 Authority
4 Dictionary
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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
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Part 3—Parliamentary Service employment
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Division 1—Preliminary
11 Definitions
12 Meaning of vacancy
13 Meaning of similar vacancy
13A Meaning of Senior Executive Service (SES) vacancy
14 Meaning of work related qualities
Division 2—Engagement of non ongoing employees
15 Engagement of SES employee for specified term
16 Engagement on non ongoing basis
Division 3—Merit in engagement and promotion
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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 for engagement or promotion
20 Notification of vacancy in Public Service Gazette
21 Additional requirements for SES engagement or promotion decisions
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 Parliamentary Service employee as non ongoing Parliamentary Service employee
26 Affirmative measure—Indigenous employment
27 Affirmative measure—disability
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 an ongoing APS employee as an ongoing Parliamentary Service employee
33 Re engagement of a former Parliamentary Service employee
Division 4—Assignment of duties and movement between Departments
35A Moves between Departments not associated with promotion
35B Moves between Departments on promotion
35C Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct
Division 5—Notification of employment decisions
38 Purpose of Division
39 Gazettal of employment decisions
40 Gazettal when decisions previously notified are cancelled
41 When promotion decisions take effect
Division 6—Employer powers of Secretaries
42 Definition
43 Condition of engagement—health clearance
44 Direction to attend medical examination
45 Workforce participation schemes
45A Suspension from duties
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Part 5—Performance management
51 Achieving effective performance
52 Managing performance in cases of a potential breach of the Code of Conduct
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Part 7—Code of Conduct
54 Allegations of breach of Code of Conduct by Secretary or statutory office holder
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
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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
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Part 9—Review of actions
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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
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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
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Division 3—Application by Parliamentary Service employees for review of other actions
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Subdivision 1—Reviewable action
94 Entitlement for review
95 What Parliamentary Service action is reviewable action
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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
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Subdivision 3—Secondary review
101 Application for secondary review
102 Secretary to give documents to Merit Protection Commissioner
103 Conduct of review
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Subdivision 4—Action following recommendation to Secretary
104 Action by Secretary
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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
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Part 10—Other employment matters
109 Knowledge obligation
110 Restrictions on engaging a person who has received a redundancy benefit
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Part 10A—Commissioner
112A Commissioner’s functions—inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct
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Part 11—Merit Protection Commissioner
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Division 1—Prescribed functions
113 Prescribed functions
113A Merit Protection Commissioner’s functions—inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct
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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
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Division 3—Complaints of former employees
115 Investigation of complaints by former employees
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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
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Division 5—Review of actions of statutory office holders
124 Review of actions of statutory office holders who are not Secretaries
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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
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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
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Part 14—Delegation
145 Delegation by Merit Protection Commissioner
146 Delegation by Secretary
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Part 15—Miscellaneous
147 Use and disclosure of personal information
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Part 16—Application and transitional provisions
148 Definitions
149 Application—Gazettal of certain employment decisions and promotions
150 Transitional—use of merit lists
151 Transitional—vacancies notified before commencement
152 Transitional—engagement on a short term, irregular or intermittent basis
153 Transitional—managing effective performance
Schedule 1—Dictionary
Schedule 2—Comparison with Public Service Classifications
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Schedule 3—Non reviewable actions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history