Parliamentary Service Determination 2024 (Cth)

Parliamentary Service Determination 2024 We, Senator the Hon Sue Lines, President of the Senate, and the Hon Milton Dick MP, Speaker of the House of Representatives, make the following determination.

Dated 27th of September 2024

Senator the Hon Sue Lines The Hon Milton Dick MP President of the Senate Speaker of the House of Representatives

Contents 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 Part 2—Parliamentary Service Values 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 Part 3—Parliamentary Service employment Division 1—Engagement of non‑ongoing employees 18 Engagement of SES employees for a specified term 19 Engagement of non‑ongoing non‑SES employees Division 2—Merit in engagement and promotion 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 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 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 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 Part 7—Review of actions 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 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 Division 3—Review of other Parliamentary Service actions Subdivision A—Reviewable actions 80 Entitlement to review 81 What Parliamentary Service actions are reviewable actions 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 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 Subdivision D—Action following recommendation to Secretary 90 Action by Secretary 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 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 Part 9—The Parliamentary Service Commissioner—functions 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 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 Part 10—The Merit Protection Commissioner—functions Division 1—Inquiry functions under the Act 100 Inquiries into public interest disclosures that relate to alleged breaches of the Code of Conduct Division 2—Other functions Subdivision A—Purpose of this Division 101 Purpose of this Division 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 Subdivision C—Investigation of complaints by former employees 114 Investigation of complaints by former employees 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 Subdivision E—Review of actions of statutory office holders 123 Review of actions of statutory office holders other than Secretaries 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 Division 4—Other provisions 125 Independence of Merit Protection Commissioner 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 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 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 Part 14—Transitional arrangements 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 151 Review of actions where application for review made before commencement day Schedule 1—Repeals Parliamentary Service Determination 2013