Commonwealth: Parliamentary Service Act 1999 (Cth)

Parliamentary Service Act 1999 No. 145, 1999 Compilation No. 19 Compilation date: 1 March 2019 Includes amendments up to: Act No. 4 of 2019 Registered: 6 March 2019 About this compilation This compilation This is a compilation of the Parliamentary Service Act 1999 that shows the text of the law as amended and in force on 1 March 2019 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 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 Part 2—Interpretation 7 Interpretation 8 Relationship with Fair Work Acts Part 3—The Australian Parliamentary Service 9 Constitution and role of the Australian Parliamentary Service 10 Parliamentary Service Values 10A Parliamentary Service Employment Principles 11 Commissioner may give advice to Presiding Officers about Parliamentary Service Values 11A Determinations by Presiding Officers about Parliamentary Service Values 11B Commissioner may give advice to Presiding Officers about employment matters 11C Determinations by Presiding Officers about employment matters 12 Secretaries must promote Parliamentary Service Values and Parliamentary Service Employment Principles 13 The Parliamentary Service Code of Conduct 14 Secretaries and statutory office holders bound by Code of Conduct 15 Breaches of the Code of Conduct 18 Promotion of employment equity 19 Restrictions on directions to Clerks Part 4—Parliamentary Service employees and the Parliamentary Librarian 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 Terms and conditions of employment 25 Assignment of duties 26 Mobility between Parliamentary Service and Public Service 26A Rights of ongoing employees when engaged as non‑ongoing employees of the other 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 37 Incentive to retire 38 Commissioner's certificate required for termination of SES employment Division 3—Parliamentary Librarian 38A Parliamentary Librarian 38B Functions of Parliamentary Librarian 38C Appointment of Parliamentary Librarian 38D Termination of appointment of Parliamentary Librarian 38E Terms and conditions of appointment 38F Acting Parliamentary Librarian 38G Resources for the Parliamentary Librarian 38H Reporting to Library Committee 38I Copyright Part 5—The Parliamentary Service Commissioner Division 1—Commissioner's functions etc. 39 Parliamentary Service Commissioner 40 Commissioner's functions 41 Commissioner's inquiry powers 42 Annual report Division 2—Commissioner's appointment, conditions etc. 43 Appointment of Commissioner 44 Terms and conditions of appointment 45 Removal from office 46 Acting Commissioner Part 6—The Parliamentary Service Merit Protection Commissioner Division 1—Merit Protection Commissioner's functions etc. 47 Parliamentary Service Merit Protection Commissioner 48 Merit Protection Commissioner's functions 48A Inquiry into alleged breach of Code of Conduct by Parliamentary Service employee or former Parliamentary Service employee 49 Annual report Division 2—Merit Protection Commissioner's appointment, conditions etc. 50 Appointment of Merit Protection Commissioner 51 Terms and conditions of appointment 52 Removal from office 53 Acting Merit Protection Commissioner Part 7—Departments and Secretaries Division 1—Departments other than the Parliamentary Budget Office 53A Interpretation 54 Departments 54A Change of name of Department 54B Abolition of Department 55 Offices of Clerk of the Senate and Clerk of the House of Representatives 56 Office of Secretary of a Department 57 Roles and responsibilities of Secretaries 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 Terms and conditions of appointment 64 Acting Secretary 64AA Money payable to Department Division 2—Parliamentary Budget Office Subdivision A—Establishment, functions etc. 64A Department of the Parliamentary Budget Office 64B Purpose of Parliamentary Budget Office 64C Parliamentary Budget Officer 64D Appropriation of Consolidated Revenue Fund 64E Functions of Parliamentary Budget Officer 64F Arrangements for obtaining information from Commonwealth bodies 64G Approaches etc. to be used in preparing policy costings 64H Requests for costing of policies outside caretaker period 64J Requests for costing of policies during caretaker period 64K Caretaker period policy costing requests—interaction with the Charter of Budget Honesty Act 1998 64KA Caretaker period policy costing requests—information‑gathering 64L Caretaker period policy costing requests made before polling day—public release of requests and costings 64LA Caretaker period policy costing requests made on or after polling day—public release of requests and costings 64M Requests relating to the budget (other than requests for policy costings) 64MA Post‑election report of election commitments 64MAA Requirements for post‑election report of election commitments 64MB Post‑election report of election commitments—information‑gathering 64MC Post‑election report of election commitments—public release 64N Responsibility for managing Parliamentary Budget Office 64P Restrictions on directions to Parliamentary Budget Officer 64Q Annual work plan for Parliamentary Budget Office 64R Joint Committee of Public Accounts and Audit may request draft estimates 64S Duties of Joint Committee of Public Accounts and Audit 64T Review of operations of Parliamentary Budget Office 64U Public release of policy costings etc. 64V Confidentiality Subdivision B—Parliamentary Budget Officer's appointment, conditions etc. 64X Appointment of Parliamentary Budget Officer 64XA Approval of proposed appointment by Joint Committee of Public Accounts and Audit 64XB Remuneration of Parliamentary Budget Officer 64XC Leave of absence 64XD Resignation 64XE Removal from office 64XF Acting appointments Division 3—Annual report 65 Annual report Part 7A—Protection of information 65AA Protection of information—Commissioner's functions etc. 65AB Protection of information—Merit Protection Commissioner's functions etc. 65AC Giving information or producing documents to Commissioner not admissible in evidence etc. 65AD Giving information or producing documents to Merit Protection Commissioner not admissible in evidence etc. 65AE Release of personal information Part 8—Miscellaneous 65A Security Management Board 66 Payments in special circumstances 67 Attachment of salaries to satisfy judgment debts 68A Departments and office holders not prescribed authorities for Freedom of Information Act purposes 69 Positions 70 Delegations 70A Immunity from civil proceedings 71 Determinations 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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the establishment and management of the Australian Parliamentary Service, and for other purposes Part 1—Preliminary 1 Short title This Act may be cited as the Parliamentary Service Act 1999. 2 Commencement This Act commences, or is taken to have commenced, on the same day as the Public Service Act 1999, immediately after the commencement of that Act. 3 Objects of this Act The main objects of this Act are: (a) to establish a non‑partisan Parliamentary Service that is efficient and effective in serving the Parliament; and (b) to provide a legal framework for the effective and fair employment, management and leadership of Parliamentary Service employees; and (c) to define the powers and responsibilities of Secretaries, the Parliamentary Librarian, the Parliamentary Service Commissioner and the Parliamentary Service Merit Protection Commissioner; and (d) to establish rights and obligations of Parliamentary Service employees. 4 This Act binds the Crown This Act binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence. 5 This Act extends to things outside Australia (1) This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears). (2) This Act extends to all the Territories. 6 Engagement of employees in a Department (1) All people engaged on behalf of the Commonwealth as employees to perform functions in a Department must be engaged under this Act, or under the authority of another Act. (2) Subsection (1) does not apply to people engaged on an honorary basis. (3) This section does not, by implication, affect any power that a Secretary might otherwise have to engage persons as independent contractors. Part 2—Interpretation 7 Interpretation In this Act, unless the contrary intention appears: acting SES employee means a non‑SES employee who is acting in a position usually occupied by an SES employee. APS employee has the same meaning as in the Public Service Act 1999. Australian Fair Pay and Conditions Standard has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Note: See Schedules 4 and 9 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 in relation to the application of the Australian Fair Pay and Conditions Standard. Australian Public Service Commissioner means the Australian Public Service Commissioner appointed under the Public Service Act 1999. authorised member of a Parliamentary party means: (a) the Leader of the Parliamentary party; or (b) a member of the Parliamentary party authorised, in writing, by the Leader of the Parliamentary party to act under the provision in which the expression occurs. budget means an annual Commonwealth budget. caretaker period for a general election has the same meaning as in Schedule 1 to the Charter of Budget Honesty Act 1998. category of Parliamentary Service employee means one of the following categories: (a) ongoing Parliamentary Service employees; (b) Parliamentary Service employees engaged for a specified term or for the duration of a specified task; (c) Parliamentary Service employees engaged for duties that are irregular or intermittent. Classification Rules means rules made under section 23. Code of Conduct means: (a) the rules in section 13; and (b) any rules and orders made by the Senate or the House of Representatives under section 50 of the Constitution that apply to Parliamentary Service employees. Commissioner means the Parliamentary Service Commissioner appointed under this Act. Commonwealth body means: (a) a Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013; or (b) the High Court of Australia. Department means a Department of the Parliament that is established under this Act. designated Parliamentary party, during the caretaker period for a general election, means a political party at least 5 members of which were members of the Parliament of the Commonwealth immediately before the caretaker period. Note: The Parliamentary Budget Officer may treat 2 or more political parties as a single designated Parliamentary party for the purpose of preparing a post‑election report (see subsection 64MA(2)). determinations means determinations under this Act other than Part 9. election commitment, in relation to a general election, means a policy that a Parliamentary party has publicly announced it intends to seek to have implemented after the election. enterprise agreement has the same meaning as in the Fair Work Act 2009. Executive Agency has the same meaning as in the Public Service Act 1999. fair work instrument has the same meaning as in the Fair Work Act 2009. former Parliamentary Service employee means a person who was, but is no longer, a Parliamentary Service employee. general election means a general election of the members of the House of Representatives. independent member, during the caretaker period for a general election, means a person: (a) who is not a member of a Parliamentary party; and (b) who intends to be a candidate in the general election, or in a Senate election held on the same day as the general election, without the endorsement of a political party; and (c) who, immediately before the caretaker period, was a Senator or a Member of the House of Representatives because the person: (i) had been elected to the Senate or the House of Representatives without the endorsement of a political party; or (ii) had been chosen or appointed to fill a casual vacancy to the Senate without the endorsement of a political party. insolvent under administration means a person who: (a) has become bankrupt; or (b) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) has compounded with his or her creditors; or (d) has assigned his or her remuneration for the benefit of his or her creditors. Joint Committee of Public Accounts and Audit means the Joint Committee of Public Accounts and Audit provided for in the Public Accounts and Audit Committee Act 1951. joint Department means: (a) the Department of Parliamentary Services; or (b) if another Department is designated as the joint Department by the Presiding Officers—that other Department. Library Committee means the committee or committees of the Houses of Parliament that advise the Presiding Officers in respect of the functions of the Parliamentary Librarian. Merit Protection Commissioner means the Parliamentary Service Merit Protection Commissioner appointed under this Act. minimum retiring age means: (a) unless paragraph (b) applies, 55 years; or (b) if a higher or lower age is prescribed by the determinations—that age. modern award has the same meaning as in the Fair Work Act 2009. modifications includes additions, omissions and substitutions. National Employment Standards has the same meaning as in the Fair Work Act 2009. non‑ongoing APS employee has the same meaning as in the Public Service Act 1999. non‑ongoing Parliamentary Service employee means a Parliamentary Service employee who is not an ongoing Parliamentary Service employee. non‑SES employee means a Parliamentary Service employee other than an SES employee. ongoing APS employee has the same meaning as in the Public Service Act 1999. ongoing Parliamentary Service employee means a person engaged as an ongoing Parliamentary Service employee, as mentioned in paragraph 22(2)(a). overseas means outside Australia and the Territories. Parliamentary Budget Office means the Department of the Parliamentary Budget Office established by subsection 64A(1). Parliamentary Budget Officer means the holder of the office of Parliamentary Budget Officer established by section 64C. Parliamentary Librarian means the holder of the office of Parliamentary Librarian established under section 38A. Parliamentary party: (a) means a political party at least one member of which is a member of the Parliament of the Commonwealth; and (b) during a caretaker period for a general election—includes a political party at least one member of which was a member of the Parliament of the Commonwealth immediately before the caretaker period. Parliamentary Service means the Australian Parliamentary Service established by subsection 9(1). Parliamentary Service employee means: (a) a person engaged as an employee under section 22; or (b) a person determined under paragraph 72(1)(b) of the Public Service Act 1999 to have become engaged as a Parliamentary Service employee in a Department. Parliamentary Service employment means employment as a Parliamentary Service employee. Parliamentary Service Employment Principles means the principles in section 10A. Parliamentary Service Values means the values in section 10. political party has the same meaning as in the Commonwealth Electoral Act 1918. polling day, in relation to an election, means the day fixed for polling in the election. Presiding Officer or 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. relevant Department, in relation to a Secretary, means the Department of which he or she is the Secretary. Remuneration Tribunal means the Remuneration Tribunal established by the Remuneration Tribunal Act 1973. responsible Secretaries has the same meaning as in Schedule 1 to the Charter of Budget Honesty Act 1998. Secretary means the Secretary of a Department and includes the Clerk of the Senate, the Clerk of the House of Representatives and the Parliamentary Budget Officer. Secretary of a Department means: (a) if the Department is the Department of the Senate—the Clerk of the Senate; or (b) if the Department is the Department of the House of Representatives—the Clerk of that House; or (ba) if the Department is the Parliamentary Budget Office—the Parliamentary Budget Officer; or (c) if the Department is another Department—the Secretary of that Department. Senate election means an election of Senators for a State, the Australian Capital Territory or the Northern Territory. SES means the Senior Executive Service established by section 35. SES employee has the meaning given by section 34. WR Act collective transitional instrument means an award, a collective agreement or a pre‑reform certified agreement (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009). WR Act transitional instrument means an award, a workplace agreement, a pre‑reform certified agreement, an AWA or a pre‑reform AWA (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009). 8 Relationship with Fair Work Acts (1) This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. (2) Subsection (1) is not intended to imply anything about the relationship between this Act and any Act other than the Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. Part 3—The Australian Parliamentary Service 9 Constitution and role of the Australian Parliamentary Service (1) The Australian Parliamentary Service consists of Secretaries, the Parliamentary Librarian and Parliamentary Service employees. (2) The Parliamentary Service serves the Parliament by providing professional support, advice and facilities to each House of the Parliament, to parliamentary committees and to Senators and Members of the House of Representatives, independently of the Executive Government of the Commonwealth. (3) To the extent that section 21 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to non‑corporate Commonwealth entities) applies to a Department, that section is subject to subsection (2) of this section. 10 Parliamentary Service Values Committed to service (1) The Parliamentary Service is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Parliament. Ethical (2) The Parliamentary Service demonstrates leadership, is trustworthy, and acts with integrity, in all that it does. Respectful (3) The Parliamentary Service respects the Parliament and all people, including their rights and their heritage. Accountable (4) The Parliamentary Service performs its functions with probity and is openly accountable for its actions to the Parliament and the Australian community. Impartial (5) The Parliamentary Service is non‑partisan and provides advice that is frank, honest, timely and based on the best available evidence. 10A Parliamentary Service Employment Principles Parliamentary Service Employment Principles (1) The Parliamentary Service is a career‑based service that: (a) makes fair employment decisions with a fair system of review; and (b) recognises that the usual basis for engagement is as an ongoing Parliamentary Service employee; and (c) makes decisions relating to engagement and promotion that are based on merit; and (d) requires effective performance from each employee; and (e) provides flexible, safe and rewarding workplaces where communication, consultation, cooperation and input from employees on matters that affect their workplaces are valued; and (f) provides workplaces that are free from discrimination, patronage and favouritism; and (g) recognises the diversity of the Australian community and fosters diversity in the workplace. Decisions based on merit (2) For the purposes of paragraph (1)(c), a decision relating to engagement or promotion is based on merit if: (a) all eligible members of the community were given a reasonable opportunity to apply to perform the relevant duties; and (b) an assessment is made of the relative suitability of the candidates to perform the relevant duties, using a competitive selection process; and (c) the assessment is based on the relationship between the candidates' work‑related qualities and the work‑related qualities genuinely required to perform the relevant duties; and (d) the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the relevant duties; and (e) the assessment is the primary consideration in making the decision. Note: Determinations made by the Presiding Officers may determine the scope or application of the Parliamentary Service Employment Principles (see subsections 11C(2) to (4)). 11 Commissioner may give advice to Presiding Officers about Parliamentary Service Values The Commissioner may give advice in writing to the Presiding Officers for the purpose of: (a) ensuring that the Parliamentary Service incorporates and upholds the Parliamentary Service Values; and (b) determining where necessary the scope or application of the Parliamentary Service Values. 11A Determinations by Presiding Officers about Parliamentary Service Values (1) The Presiding Officers may make determinations under section 71 in relation to any of the Parliamentary Service Values for the purpose of: (a) ensuring that the Parliamentary Service incorporates and upholds the Parliamentary Service Values; and (b) determining where necessary the scope or application of the Parliamentary Service Values. (2) However, the Presiding Officers must not make determinations for the purposes of subsection (1) in relation to a Parliamentary Service Value unless: (a) the Commissioner has given advice to the Presiding Officers under section 11 in relation to the Parliamentary Service Value; and (b) the Presiding Officers have had regard to that advice in making the determinations. (3) For the purposes of this Act (other than subsection (1)), the Parliamentary Service Values have effect subject to any restrictions in determinations made for the purposes of subsection (1). Tabling of Commissioner's advice (4) If the Presiding Officers make determinations in relation to any of the Parliamentary Service Values in accordance with this section, the Presiding Officers must cause to be laid before each House of the Parliament a copy of the advice given by the Commissioner referred to in paragraph (2)(a). 11B Commissioner may give advice to Presiding Officers about employment matters General (1) The Commissioner may give advice in writing to the Presiding Officers about employment matters relating to Parliamentary Service employees, including the following: (a) engagement; (b) promotion; (c) redeployment; (d) mobility; (e) training schemes; (f) termination. Parliamentary Service Employment Principles (2) The Commissioner may give advice in writing to the Presiding Officers for the purpose of: (a) ensuring that the Parliamentary Service incorporates and upholds the Parliamentary Service Employment Principles; and (b) determining where necessary the scope or application of the Parliamentary Service Employment Principles. 11C Determinations by Presiding Officers about employment matters Determinations about general employment matters (1) The Presiding Officers may make determinations under section 71 about employment matters relating to Parliamentary Service employees, including the matters referred to in subsection 11B(1). Determinations about Parliamentary Service Employment Principles (2) The Presiding Officers may make determinations under section 71 in relation to any of the Parliamentary Service Employment Principles for the purpose of: (a) ensuring that the Parliamentary Service incorporates and upholds the Parliamentary Service Employment Principles; and (b) determining where necessary the scope or application of the Parliamentary Service Employment Principles. (3) However, the Presiding Officers must not make determinations for the purposes of subsection (2) in relation to a Parliamentary Service Employment Principle unless: (a) the Commissioner has given advice to the Presiding Officers under subsection 11B(2) in relation to the Parliamentary Service Employment Principle; and (b) the Presiding Officers have had regard to that advice in making the determinations. (4) For the purposes of this Act (other than subsection (2) of this section), the Parliamentary Service Employment Principles have effect subject to any restrictions in determinations made for the purposes of that subsection. Tabling of Commissioner's advice about Parliamentary Service Employment Principles (5) If the Presiding Officers make determinations in relation to any of the Parliamentary Service Employment Principles in accordance with this section, the Presiding Officers must cause to be laid before each House of the Parliament a copy of the advice given by the Commissioner referred to in paragraph (3)(a). 12 Secretaries must promote Parliamentary Service Values and Parliamentary Service Employment Principles A Secretary must uphold and promote the Parliamentary Service Values and Parliamentary Service Employment Principles. 13 The Parliamentary Service Code of Conduct (1) A Parliamentary Service employee must behave honestly and with integrity in connection with Parliamentary Service employment. (2) A Parliamentary Service employee must act with care and diligence in connection with Parliamentary Service employment. (3) A Parliamentary Service employee, when acting in connection with Parliamentary Service employment, must treat everyone with respect and courtesy, and without harassment. (4) A Parliamentary Service employee, when acting in connection with Parliamentary Service employment, must comply with all applicable Australian laws. For this purpose, Australian law means: (a) any Act (including this Act), or any instrument having effect under an Act; or (b) any law of a State or Territory, including any instrument having effect under such a law. (5) A Parliamentary Service employee must comply with any lawful and reasonable direction given by someone in the Department in which he or she is employed who has authority to give the direction. (6) A Parliamentary Service employee must maintain appropriate confidentiality about dealings that the employee has with either House of the Parliament, with any committee of either House, with any joint committee of both Houses, with any Senator or Member of the House of Representatives or with the staff of any Senator or Member. (7) A Parliamentary Service employee must: (a) take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the employee's Parliamentary Service employment; and (b) disclose details of any material personal interest of the employee in connection with the employee's Parliamentary Service employment. (8) A Parliamentary Service employee must use the resources of the Commonwealth in a proper manner and for a proper purpose. (9) A Parliamentary Service employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's Parliamentary Service employment. (10) A Parliamentary Service employee must not improperly use inside information or the employee's duties, status, power or authority: (a) to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or (b) to cause, or seek to cause, detriment to the Department in which the employee is employed, the Commonwealth or any other person. (11) A Parliamentary Service employee must at all times behave in a way that upholds: (a) the Parliamentary Service Values and Parliamentary Service Employment Principles; and (b) the integrity and good reputation of the Department in which he or she is employed and the Parliamentary Service. (12) A Parliamentary Service employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia. (13) A Parliamentary Service employee must comply with any other conduct requirement that is made by either House of the Parliament or by determinations. 14 Secretaries and statutory office holders bound by Code of Conduct (1) Secretaries are bound by the Code of Conduct in the same way as Parliamentary Service employees. (2) Statutory office holders are bound by the Code of Conduct, subject to any determinations made under subsection (2A). (2A) The determinations may make provision in relation to the extent to which statutory office holders are bound by the Code of Conduct. Note: The determinations may make provision with respect to different statutory office holders or different classes of statutory office holders (see subsection 33(3A) of the Acts Interpretation Act 1901). (3) In this section: statutory office holder means a person who holds any office or appointment under this Act, being an office or appointment that is prescribed by the determinations for the purposes of this definition. 15 Breaches of the Code of Conduct Sanctions that may be imposed (1) A Secretary may impose the following sanctions on a Parliamentary Service employee in the relevant Department who is found (under procedures established under subsection (3) of this section or subsection 48A(2)) to have breached the Code of Conduct: (a) termination of employment; (b) reduction in classification; (c) re‑assignment of duties; (d) reduction in salary; (e) deductions from salary, by way of fine; (f) a reprimand. Note: See sections 29 and 38 in relation to terminating a Parliamentary Service employee's employment. (2) The determinations may prescribe limitations on the power of a Secretary to impose sanctions under subsection (1). Providing false or misleading information etc. in connection with engagement as a Parliamentary Service employee (2A) A person who is, or was, a Parliamentary Service employee is taken to have breached the Code of Conduct if the person is found (under procedures established under subsection (3) of this section or subsection 48A(2)) to have, before being engaged as a Parliamentary Service employee: (a) knowingly provided false or misleading information to another Parliamentary Service employee, or to a person acting on behalf of the Commonwealth; or (b) wilfully failed to disclose to another Parliamentary Service employee, or to a person acting on behalf of the Commonwealth, information that the person knew, or ought reasonably to have known, was relevant; or (c) otherwise failed to behave honestly and with integrity; in connection with the person's engagement as a Parliamentary Service employee. Note: If the person is a Parliamentary Service employee at the time a finding referred to in paragraph (2A)(a), (b) or (c) is made in relation to the person, the Secretary of the Department in which the person is employed may impose sanctions on the person as permitted by subsection (1). Procedures for determining whether Parliamentary Service employee, or former Parliamentary Service employee, has breached the Code of Conduct etc. (3) A Secretary must establish written procedures in accordance with this section for determining: (a) whether a Parliamentary Service employee, or a former Parliamentary Service employee, in the relevant Department has breached the Code of Conduct (including by engaging in conduct referred to in subsection (2A)); and (b) the sanction (if any) that is to be imposed under subsection (1) on a Parliamentary Service employee in the relevant Department who is found to have breached the Code of Conduct (including by engaging in conduct referred to in subsection (2A)). (4) The procedures: (a) must comply with basic procedural requirements set out in directions issued by the Commissioner under subsection (6); and (b) must have due regard to procedural fairness. (5) In addition, and without affecting subsection (4), the procedures may be different for: (a) different categories of Parliamentary Service employees or former Parliamentary Service employees; or (b) Parliamentary Service employees, or former Parliamentary Service employees, who: (i) have been convicted of an offence against a Commonwealth, State or Territory law in respect of conduct that is alleged to constitute a breach of the Code of Conduct; or (ii) have been found to have committed such an offence but no conviction is recorded. (6) The Commissioner must, by legislative instrument, issue directions for the purposes of paragraph (4)(a). (7) A Secretary must ensure that the procedures established under subsection (3) are made publicly available. (8) Procedures established under subsection (3) are not legislative instruments. 18 Promotion of employment equity A Secretary must establish a workplace diversity program to help in giving effect to the Parliamentary Service Employment Principles. 19 Restrictions on directions to Clerks The Clerk of either House of the Parliament is not subject to direction by a Presiding Officer in relation to any advice sought from, or given by, the Clerk with respect to that House or any of its committees or members. Part 4—Parliamentary Service employees and the Parliamentary Librarian Division 1—Parliamentary Service employees generally 20 General directions to Secretaries (1) General directions may be given in writing under this section to Secretaries in relation to the management and leadership of Parliamentary Service employees. (2) Any such directions are to be given: (a) in relation to the Clerk of the Senate—by the President of the Senate; or (b) in relation to the Clerk of the House of Representatives—by the Speaker of the House of Representatives; or (c) in relation to any other Secretary—by the President of the Senate and the Speaker of the House of Representatives acting jointly. (3) A direction can only be given if the Commissioner has been consulted by the President of the Senate, the Speaker of the House of Representatives, or the President of the Senate and the Speaker of the House of Representatives, as the case may be, in relation to the proposed direction. (4) A direction cannot be given to a Secretary in relation to the exercise of powers by the Secretary under section 15 or this Part in relation to particular individuals. (5) A direction issued under this section is a legislative instrument. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the direction (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). 21 Employer powers etc. of Secretary (1) A Secretary, on behalf of the Commonwealth, has all the rights, duties and powers of an employer in respect of Parliamentary Service employees in the relevant Department. (2) Without limiting subsection (1), a Secretary has, in respect of Parliamentary Service employees in the relevant Department, the rights, duties and powers that are prescribed by the determinations. 22 Engagement of Parliamentary Service employees (1) A Secretary, on behalf of the Commonwealth, may engage people as employees for the purposes of the relevant Department. (2) The engagement of a Parliamentary Service employee (including an engagement under section 26) must be: (a) as an ongoing Parliamentary Service employee; or (b) for a specified term or for the duration of a specified task; or (c) for duties that are irregular or intermittent. Note: The usual basis for engagement is as an ongoing Parliamentary Service employee (see paragraph 10A(1)(b)). (4) The determinations may prescribe the circumstances in which persons may be engaged as mentioned in paragraph (2)(b) or (c). (5) An engagement for a specified term may be extended, subject to any limitations prescribed by the determinations. (6) The engagement of a Parliamentary Service employee may be made subject to conditions notified to the employee, including conditions dealing with any of the following matters: (a) probation; (b) citizenship; (c) formal qualifications; (d) security and character clearances; (e) health clearances. (7) Subsection (6) does not, by implication, limit the conditions that may be applied to the engagement of a Parliamentary Service employee. (8) A Secretary must not engage, as a Parliamentary Service employee, a person who is not an Australian citizen, unless the Secretary considers it appropriate to do so. 23 Classification Rules (1) The Presiding Officers, after consulting the Commissioner, may, by legislative instrument, make rules about classifications of Parliamentary Service employees. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the Classification Rules (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (2) The Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of: (a) a modern award, as in force at a particular time or as in force from time to time; or (b) a transitional APCS, as in force at a particular time or as in force from time to time. (3) Secretaries must comply with the Classification Rules. (4) A Secretary may reduce the classification of a Parliamentary Service employee, without the employee's consent, only in the following circumstances: (a) as a sanction under section 15; (b) on the ground that the employee is excess to the requirements of the relevant Department at the higher classification; (c) on the ground that the employee lacks, or has lost, an essential qualification for performing duties at the higher classification; (d) on the ground of non‑performance, or unsatisfactory performance, of duties at the higher classification; (e) on the ground that the employee is unable to perform duties at the higher classification because of physical or mental incapacity; (f) in other circumstances prescribed by the determinations. (5) If a relevant industrial instrument, determination under this Act or written contract of employment contains procedures to be followed when reducing the classification, then a reduction is of no effect unless those procedures are followed. (6) In this section: industrial instrument means: (a) a modern award; or (b) an enterprise agreement; or (c) a workplace determination; or (d) a WR Act transitional instrument; or (e) a transitional APCS. transitional APCS has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. workplace determination has the same meaning as in the Fair Work Act 2009. 24 Terms and conditions of employment (1) A Secretary may from time to time determine in writing the terms and conditions of employment applying to a Parliamentary Service employee or Parliamentary Service employees in the relevant Department. Note 1: Certain terms and conditions of employment are applicable to a Parliamentary Service employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards. Note 2: Other Commonwealth laws deal with matters such as superannuation, compensation, long service leave and maternity leave. (1A) A determination under subsection (1) is of no effect to the extent that it would reduce the benefit to a Parliamentary Service employee of an individual term or condition applicable to the employee under: (a) a fair work instrument; or (b) a WR Act transitional instrument. Note: A determination under subsection (1) would also be of no effect to the extent that it would reduce the benefit to a Parliamentary Service employee of a term or condition applicable to the employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards. (2) A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of: (a) a fair work instrument; or (b) a WR Act collective transitional instrument; as in force from time to time. Note: A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of the Australian Fair Pay and Conditions Standard or the National Employment Standards. However, any modification of the provisions of those Standards by a determination under subsection (1) would be of no effect to the extent that it would reduce the benefit to a Parliamentary Service employee of a term or condition applicable to the employee under those Standards. (3) The Presiding Officers may, by legislative instrument, determine the terms and conditions of employment applying to Parliamentary Service employees, if the Presiding Officers are of the opinion that it is desirable to do so because of exceptional circumstances. Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the determination (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (4) The limitation in subsection (1A) does not apply in relation to a determination under subsection (3). (5) A determination under subsection (3) overrides the following, to the extent of any inconsistency: (a) a determination under subsection (1); (b) the Australian Fair Pay and Conditions Standard; (c) the National Employment Standards. 25 Assignment of duties A Secretary may from time to time determine the duties of a Parliamentary Service employee in the relevant Department, and the place or places at which the duties are to be performed. 26 Mobility between Parliamentary Service and Public Service (1) An ongoing Parliamentary Service employee is eligible for engagement, at any classification, as an ongoing APS employee. The engagement is subject to review in accordance with regulations under the Public Service Act 1999. (2) An ongoing APS employee is eligible for engagement, at any classification, as an ongoing Parliamentary Service employee. The engagement is subject to review in accordance with the determinations. (3) A person who moves from: (a) employment as an ongoing Parliamentary Service employee to employment as an ongoing APS employee; or (b) employment as an ongoing APS employee to employment as an ongoing Parliamentary Service employee; retains his or her existing or accrued entitlements relating to annual leave, and personal or carer's leave, (however they may be described). Note: Service for long service leave purposes is dealt with under the Long Service Leave (Commonwealth Employees) Act 1976, and service for maternity leave purposes is dealt with under the Maternity Leave (Commonwealth Employees) Act 1973. (4) If a person moves from one service to another as mentioned in this section, the person stops being an employee of the service from which the person moved when he or she is engaged as an ongoing APS employee or as an ongoing Parliamentary Service employee. 26A Rights of ongoing employees when engaged as non‑ongoing employees of the other service (1) If an ongoing Parliamentary Service employee is granted leave without pay to take up employment as a non‑ongoing APS employee, the employee: (a) retains his or her existing or accrued entitlements relating to annual leave, and personal or carer's leave, (however they may be described) in respect of employment as a Parliamentary Service employee; and (b) when he or she returns to the Parliamentary Service—retains his or her existing or accrued entitlements of that kind in respect of employment as an APS employee. (2) If an ongoing APS employee is granted leave without pay to take up employment as a non‑ongoing Parliamentary Service employee, the employee: (a) retains his or her existing or accrued entitlements relating to annual leave, and personal or carer's leave, (however they may be described) in respect of employment as an APS employee; and (b) when he or she returns to the APS—retains his or her existing or accrued entitlements of that kind in respect of employment as a Parliamentary Service employee. (3) Any period of leave without pay referred to in subsection (1) or (2) counts as service for all purposes except accrual of annual leave, or personal or carer's leave, (however they may be described). Note: Service for long service leave purposes is dealt with under the Long Service Leave (Commonwealth Employees) Act 1976, and service for maternity leave purposes is dealt with under the Maternity Leave (Commonwealth Employees) Act 1973. 27 Compulsory moves between Parliamentary Departments and between the Parliamentary Service and the Australian Public Service (1) The Commissioner may: (a) with the agreement of the Presiding Officers, move an excess Parliamentary Service employee to another Parliamentary Department; or (b) with the agreement of the Australian Public Service Commissioner, move a transitional excess Parliamentary Service employee to an APS Agency. (2) For the purposes of this section: (a) a Parliamentary Service employee is an excess Parliamentary Service employee if, and only if, the Secretary has notified the Commissioner in writing that the employee is excess to the requirements of the Parliamentary Department; and (b) a Parliamentary Service employee is a transitional excess Parliamentary Service employee if, and only if, the employee was covered by the Public Service Act 1922 at the time immediately before this Act commenced and the Secretary has notified the Commissioner in writing that the employee is excess to the requirements of the Parliamentary Service. 28 Suspension The determinations may make provision in relation to the suspension from duties of Parliamentary Service employees, with or without remuneration. 29 Termination of employment (1) A Secretary may at any time, by notice in writing, terminate the employment of a Parliamentary Service employee in the relevant Department. Note 1: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. Note 2: Determinations made by the Presiding Officers under subsection 11C(1) may set out procedures to be followed in terminating the employment of a Parliamentary Service employee. (2) For an ongoing Parliamentary Service employee, the notice must specify the ground or grounds that are relied on for the termination. (3) For an ongoing Parliamentary Service employee, the following are the only grounds for termination: (a) the employee is excess to the requirements of the relevant Department; (b) the employee lacks, or has lost, an essential qualification for performing his or her duties; (c) non‑performance, or unsatisfactory performance, of duties; (d) inability to perform duties because of physical or mental incapacity; (e) failure to satisfactorily complete an entry‑level training course; (f) failure to meet a condition imposed under subsection 22(6); (g) breach of the Code of Conduct; (h) any other ground prescribed by the determinations. (4) The determinations may prescribe the grounds for the termination of the employment of non‑ongoing Parliamentary Service employees. (5) Subsection (4) does not, by implication, limit the grounds for termination of the employment of a non‑ongoing Parliamentary Service employee. 30 Retirement A Parliamentary Service employee who has reached the minimum retiring age is entitled to retire at any time by notice in writing to the Secretary of the Department in which the employee is employed. 31 Forfeiture of additional remuneration (1) If a Parliamentary Service employee receives any non‑Commonwealth remuneration for performing duties as a Parliamentary Service employee, the Secretary of the Department in which the employee is employed may give a notice in writing to the employee in relation to the whole, or a specified part, of the remuneration. (2) The amount notified by the Secretary: (a) is taken to have been received by the employee on behalf of the Commonwealth; and (b) may be recovered by the Commonwealth from the employee as a debt in a court of competent jurisdiction. (2A) If the Parliamentary Librarian receives any non‑Commonwealth remuneration for performing duties as the Parliamentary Librarian, the Secretary of the joint Department may give a notice in writing to the Parliamentary Librarian in relation to the whole, or a specified part, of the remuneration. (2B) The amount notified by the Secretary: (a) is taken to have been received by the Parliamentary Librarian on behalf of the Commonwealth; and (b) may be recovered by the Commonwealth from the Parliamentary Librarian as a debt in a court of competent jurisdiction. (3) If a Secretary receives any non‑Commonwealth remuneration for performing duties as a Secretary, then the Presiding Officer may give a notice in writing to the Secretary in relation to the whole, or a specified part, of the remuneration. (4) The amount notified by the Presiding Officer: (a) is taken to have been received by the Secretary on behalf of the Commonwealth; and (b) may be recovered by the Commonwealth from the Secretary as a debt in a court of competent jurisdiction. (5) In this section: non‑Commonwealth remuneration means any remuneration from a person other than the Commonwealth. 32 Right of return for election candidates (1) This section applies to a person if: (a) the person resigned as a Parliamentary Service employee in order to contest an election prescribed by the determinations; and (b) the resignation took effect not earlier than 6 months before the closing date for nominations; and (c) the person was a candidate in the election but failed to be elected. (2) The person is entitled to be again engaged as a Parliamentary Service employee, in accordance with the determinations and within the time limits prescribed by the determinations. 33 Review of actions (1) A Parliamentary Service employee is entitled to review, in accordance with the determinations, of any Parliamentary Service action that relates to his or her Parliamentary Service employment. However, a Parliamentary Service employee is not entitled to review under this section of Parliamentary Service action that consists of the termination of the employee's employment. (2) The determinations may prescribe exceptions to the entitlement. Note: For example, the determinations might provide that there is no entitlement to review if the application for review is frivolous or vexatious. (3) Without limiting subsection (1), determinations made for the purposes of that subsection may provide for the powers available to the Merit Protection Commissioner, or any other person or body, when conducting a review under the determinations. (4) Determinations for the purposes of subsection (1): (a) may provide for an initial review to be conducted within the relevant Department; and (b) may provide that applications for review of particular kinds of Parliamentary Service action are to be made directly to the Merit Protection Commissioner; and (c) must provide for an application for review to be referred to the Merit Protection Commissioner if the applicant is not satisfied with the outcome of an initial review within the relevant Department; and (d) in the case of a review following an application or referral to the Merit Protection Commissioner—must provide for the review to be conducted by: (i) the Merit Protection Commissioner; or (ii) a person nominated by the Merit Protection Commissioner; or (iii) a 3 member committee constituted in accordance with the determinations. (5) A person or body that has conducted a review under this section may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review, except as provided by the determinations. (6) If the Merit Protection Commissioner is not satisfied with the response to recommendations contained in a report on a review under this section, the Merit Protection Commissioner may give a report on the matter to the Secretary of the relevant Department and to the Presiding Officers, for presentation to the Parliament. (7) In this section: action includes a refusal or failure to act. Parliamentary Service action means action by a person in the capacity of a Secretary or Parliamentary Service employee. relevant Department, in relation to Parliamentary Service action, means the Department in which the person who did the action was at the time of the action. Division 2—The Senior Executive Service 34 SES employees SES employees are those Parliamentary Service employees who are classified as SES employees under the Classification Rules. 35 Constitution and role of SES (1) The Senior Executive Service consists of the SES employees. (2) The function of the SES is to provide strategic leadership of the highest quality that contributes to an effective and cohesive Parliamentary Service. (3) For the purpose of carrying out the function of the SES, each SES employee: (a) provides one or more of the following at a high level: (i) professional or specialist expertise; (ii) policy advice; (iii) program or service delivery; (iv) regulatory administration; and (b) promotes cooperation within and between Departments, including to deliver outcomes across Department boundaries; and (c) by personal example and other appropriate means, promotes the Parliamentary Service Values, the Parliamentary Service Employment Principles and compliance with the Code of Conduct. 37 Incentive to retire (1) A Secretary may give a notice in writing to an SES employee in the relevant Department stating that the employee will become entitled to a payment of a specified amount if the employee retires within a period specified in the notice. (1A) A notice may be given to an SES employee under subsection (1) whether or not the employee has reached the minimum retiring age. (2) If the employee retires within the specified period, by notice in writing to the Secretary: (a) the employee is entitled to be paid the specified amount; and (b) the employee is taken, for all purposes, to have retired involuntarily from the Parliamentary Service. 38 Commissioner's certificate required for termination of SES employment A Secretary cannot terminate the employment of an SES employee unless the Commissioner has issued a certificate stating that: (a) all relevant requirements of determinations made for the purposes of subsection 11C(1) have been satisfied in respect of the proposed termination; and (b) the Commissioner is of the opinion that the termination is in the public interest. Division 3—Parliamentary Librarian 38A Parliamentary Librarian (1) An office of Parliamentary Librarian is established by this section. (2) The Parliamentary Librarian and the employees of the joint Department assisting the Parliamentary Librarian may be known as the Parliamentary Library. Note: The Parliamentary Librarian is within the joint Department (see section 54). 38B Functions of Parliamentary Librarian (1) The functions of the Parliamentary Librarian are: (a) to provide high quality information, analysis and advice to Senators and Members of the House of Representatives in support of their parliamentary and representational roles; and (b) to undertake such other responsibilities within the joint Department, consistent with the function set out in paragraph (a), as are conferred in writing on the Parliamentary Librarian by the Secretary of the joint Department with the approval of the Presiding Officers. (2) The Parliamentary Librarian must perform the function mentioned in paragraph (1)(a): (a) in a timely, impartial and confidential manner; and (b) maintaining the highest standards of scholarship and integrity; and (c) on the basis of equality of access for all Senators, Members of the House of Representatives, parliamentary committees and staff acting on behalf of Senators, Members or parliamentary committees; and (d) having regard to the independence of Parliament from the Executive Government of the Commonwealth. 38C Appointment of Parliamentary Librarian (1) The Parliamentary Librarian is to be appointed by the Presiding Officers for a period of 5 years. (2) The Presiding Officers cannot make an appointment unless they have received a report about the vacancy from the Secretary of the joint Department. (3) The Presiding Officers cannot appoint a person as the Parliamentary Librarian unless: (a) the person has either or both of the following: (i) professional qualifications in librarianship or information management (however described); (ii) professional membership of a recognised professional association in the discipline of librarianship or information management (however described); or (b) the Presiding Officers are satisfied that, by reason of the person's qualifications in another relevant discipline, or the person's professional experience, the person has suitable skills to perform the functions of Parliamentary Librarian. (4) An appointment is not affected by any defect or irregularity in or in connection with the appointment. 38D Termination of appointment of Parliamentary Librarian (1) The Presiding Officers may, by notice in writing, terminate the appointment of the Parliamentary Librarian at any time. (2) The Presiding Officers cannot terminate an appointment unless they have received a report about the proposed termination from the Commissioner. 38E Terms and conditions of appointment (1) The terms and conditions of appointment of the Parliamentary Librarian are as determined by the Presiding Officers. (2) For each determination, the Presiding Officers must seek the advice of the Remuneration Tribunal and take that advice into account. (3) Each determination must be: (a) published in the Gazette within 14 days; and (b) laid before the Senate and the House of Representatives as soon as practicable; after the determination is made. 38F Acting Parliamentary Librarian (1) The Presiding Officers may appoint a person to act in the office of Parliamentary Librarian: (a) if there is a vacancy in the office, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Parliamentary Librarian is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. (2) However, the Presiding Officers cannot appoint a person to act in the position unless the person meets the requirement in subsection 38C(3). 38G Resources for the Parliamentary Librarian (1) The Secretary of the joint Department must provide resources to the Parliamentary Librarian in accordance with an annual agreement that satisfies the requirements of subsection (2). (2) The agreement must be: (a) made between the Secretary of the joint Department and the Parliamentary Librarian; and (b) approved by the Presiding Officers in writing after receiving advice about the contents of the agreement from the Library Committee. (3) The Presiding Officers may approve the agreement for the purposes of subsection (2) either before or after the agreement is made by the Secretary and the Parliamentary Librarian. 38H Reporting to Library Committee (1) The Parliamentary Librarian must give a report on the performance of the functions of the Parliamentary Librarian to the Library Committee on the request of the Committee. Note: The Parliamentary Librarian must also give an annual report to the Presiding Officers under section 65. (2) However, the Parliamentary Librarian must give such a report to the Committee at least once every financial year. 38I Copyright For the purposes of sections 48A and 104A of the Copyright Act 1968: (a) the part of the joint Department that is headed by the Parliamentary Librarian and that provides library services is taken to be a library the principal purpose of which is to provide library services for Members of the Parliament; and (b) the Parliamentary Librarian is taken to be the officer in charge of that library; and (c) a Parliamentary Service employee authorised by the Parliamentary Librarian to act on his or her behalf in relation to the provision of the library services is taken to be an authorised officer of that library. Note: Sections 48A and 104A of the Copyright Act 1968 apply only in relation to things done for the sole purpose of assisting a person who is a Member of a Parliament in the performance of the person's duties as such a Member. Part 5—The Parliamentary Service Commissioner Division 1—Commissioner's functions etc. 39 Parliamentary Service Commissioner There is to be a Parliamentary Service Commissioner. 40 Commissioner's functions (1) Th