Determination 2000-5

Parliamentary Service Determination 2000/5

We, MARGARET REID, President of the Senate, and NEIL ANDREW, Speaker of the House of Representatives, make the following Determination under subsections 11(2) and 71(1) of the Parliamentary Service Act 1999.
 
Dated                            2000

MARGARET REID                                         NEIL ANDREW

Parliamentary Service Determination 2000/5

Determination

made under the

Parliamentary Service Act 1999

 

Part 1 Preliminary


1.1 Name of Determination

This Determination is the Parliamentary Service Determination 2000/5.

1.2 Commencement

This Determination commences on the day it is notified in the Gazette.

1.3 Definitions — the dictionary

(1) The dictionary in Schedule 1 defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in this Determination (signpost definitions).

Note   The dictionary only includes a signpost definition for a word or expression if the word or expression is used in more than one clause.

(2) A definition in this Determination applies to each use of the word or expression in this Determination, unless the contrary intention appears.

 

Part 2 Merit in employment

2.1 Purpose of Part 2

(1) This Part sets out the minimum requirements that a Secretary must meet in upholding and promoting the Parliamentary Service Values mentioned in paragraph 10 (1) (f) of the Act (including the matters mentioned in subsection 10 (2) of the Act) and paragraph 10 (1) (m) of the Act).

Note on merit

Subsection 10 (2) of the Act provides that, for the purposes of the Parliamentary Service Value in paragraph 10 (1) (f) of the Act, a decision relating to engagement or promotion is based on merit if:

(a) an assessment is made of the relative suitability of the candidates for the duties, using a competitive selection process; and

(b) the assessment is based on the relationship between the candidates’ work-related qualities and the work-related qualities genuinely required for the duties; and

(c) the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the duties; and

(d) the assessment is the primary consideration in making the decision.

Examples of work-related qualities that may be taken into account in making an assessment

1. Skills and abilities

2. Qualifications, training and competencies

3. Standard of work performance

4. Capacity to produce outcomes from effective performance at the level required

5. Relevant personal qualities

6. Demonstrated potential for further development

7. Ability to contribute to team performance.

(2) The minimum requirements relate to:

(a) the engagement and promotion of persons as Parliamentary Service employees; and

(b) the selection of Parliamentary Service employees for temporary assignment of duties at a higher classification.

(3) This Part does not apply to the engagement of a person as a Parliamentary Service employee in any of the circumstances mentioned in Schedule 1.

2.2 Engagement of ongoing Parliamentary Service employees

(1) A Secretary must put in place measures to ensure that if a person is to be engaged as an ongoing Parliamentary Service employee at a training classification, or a Parliamentary Service Group 1 classification, the opportunity to apply for the relevant employment, or similar employment in the Department, was open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(2) A Secretary must put in place measures to ensure that, subject to considerations of cost and operational efficiency, if a person is to be engaged as an ongoing Parliamentary Service employee (other than as an employee mentioned in subclause (1)), the opportunity to apply for the relevant employment, or similar employment in the Department, was open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(3) Subject to subclause (4), an opportunity mentioned in subclause (1) or (2) must have been notified in the Gazette:

(a) during the period of 12 months before the decision to engage the person is made; and

(b) as open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(4) If, because of considerations of cost or operational efficiency, a Secretary decides not to provide an opportunity mentioned in subclause (2) to all eligible members of the community, as a minimum, the opportunity must have been notified in the Gazette:

(a) during the period of 12 months before the decision to engage the person is made; and

(b) as open to all Parliamentary Service employees.

(5) For subclause (4), Parliamentary Service employee includes a person who, at the time the opportunity for employment is notified in the Gazette, is a person mentioned in Schedule 2.

(6) However, the Secretary is not taken to have breached this clause only because the Secretary has put in place measures that:

(a) are consistent with Commonwealth law; and

(b) identify an opportunity for employment as open to:

(i) an Aboriginal or a Torres Strait Islander within the meaning of the Racial Discrimination Act 1975; or

(ii) a person with an intellectual disability; and

(c)   allow the engagement, as a Parliamentary Service employee, of a person of that kind.

(7) Subject to subclause (8), this clause does not apply where:

(a) a non-ongoing Parliamentary Service employee was engaged, based on merit within the meaning of the Act, at a training classification; and

(b) in connection with the opportunity for engagement, it was notified that a person engaged may, when he or she has finished each training requirement for the classification, be engaged as an ongoing Parliamentary Service employee; and

(c) the employee has finished each training requirement for the classification; and within a period of twelve months, the Secretary offers him or her engagement as an ongoing Parliamentary Service employee on duties at the operational classification specified in the Classification Rules as related to the training.

(8) Where some but not all employees to whom engagement could be offered under paragraph (7)(c) will be offered engagement under the paragraph, the paragraph is satisfied if an employee to whom engagement is offered is selected from among all those employees on merit.

2.3 Engagement of Parliamentary Service employees for a specified term or for the duration of a specified task

(1) A Secretary must put in place measures to ensure that, if a person is to be engaged as a Parliamentary Service employee for a specified term of more than 12 months, or for the duration of a specified task that is reasonably estimated to take more than 12 months, the opportunity to apply for the relevant employment, or similar employment in the Department, was open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(2) The opportunity must have been notified in the Gazette:

(a) during the period of 12 months before the decision to engage the person is made; and

(b) as open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(3) However, the Secretary is not taken to have breached this clause only because the Secretary has put in place measures that:

(a) are consistent with Commonwealth law; and

(b) identify an opportunity for employment as open to:

(i) an Aboriginal or a Torres Strait Islander within the meaning of the Racial Discrimination Act 1975; or

(ii) a person with an intellectual disability; and

(c) allow the engagement, as a Parliamentary Service employee, of a person of that kind.

2.4 Engagement of persons who have received a redundancy benefit

(1) A Secretary must put in place measures to ensure that a person is not engaged as a Parliamentary Service employee if:

(a) the person has received a redundancy benefit from the Parliamentary Service or a non-Parliamentary Service Commonwealth employer; and

(b) 12 months has not passed since the person’s employment ended.

(2) Subclause (1) does not apply if:

(a) the person is to be engaged:

(i) for a specified term in the circumstances mentioned in item 1, 2, 3, 4 or 5 of the table in subclause 4.3 of Determination No 1999/1; or

(ii) for the duration of a specified task in the circumstances mentioned in subclause 4.3(3) of Determination No 1999/1; or

(iii) for a specified term, or for the duration of a specified task, in the circumstances mentioned in subclause 4.3(4), (5) or (6) of Determination No 1999/1; and

(b) the Secretary considers that the engagement of the person is essential for the Department’s operations having regard to the nature of the duties to be performed and the skills, experience or qualifications of the person; and

(c) the Secretary has consulted the Commissioner before engaging the person.

(3) In addition, subclause (1) does not apply if:

(a) the person is to be engaged:

(i) for a specified term in the circumstances mentioned in item 6 or 7 of the table in subclause 4.3(2) of Determination No 1999/1; or

(ii) for duties that are irregular or intermittent; and

(b) the Secretary considers that the engagement of the person is essential for the Department’s operations having regard to the nature of the duties to be performed and the skills, experience or qualifications of the person.

2.5 Extension of engagement of Parliamentary Service employee engaged for a specified term

(1) This clause applies if a Parliamentary Service employee is engaged for a specified term that is not more than 12 months.

(2) A Secretary must put in place measures to ensure that if the employee’s engagement is to be extended so that the total period of engagement is more than 12 months:

(a) the opportunity to apply for the initial employment had been notified in the Gazette as open to all eligible members of the community, whether or not they were Parliamentary Service employees; or

(b) the opportunity to apply for the extended period of the engagement was notified in the Gazette as open to all eligible members of the community, whether or not they were Parliamentary Service employees.

2.6 Promotion of ongoing Parliamentary Service employees

(1) A promotion, for an ongoing Parliamentary Service employee, means the assignment to the employee of duties at a higher classification than the employee’s current classification (whether or not the employee moves to another Department), but does not include:

(a) if the employee’s current classification is included in a broadband — the allocation to the employee of a higher classification in that broadband; or

(b) if the employee’s current classification is a training classification — the allocation to the employee of an operational classification in the circumstances described in subclause 2.2(7); or

(c) a temporary assignment to the employee of duties at a higher classification.

(2) A Secretary must put in place measures to ensure that, subject to considerations of cost and operational efficiency, if an ongoing Parliamentary Service employee is to be promoted in the Department, the opportunity to apply for the relevant employment, or similar employment in the Department, was open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(3) Subject to subclause (4), the opportunity must have been notified in the Gazette:

(a) during the period of 12 months before the decision to promote the person is made; and

(b) as open to all eligible members of the community, whether or not they were Parliamentary Service employees.

(4) If, because of considerations of cost or operational efficiency, a Secretary decides not to provide the opportunity to all eligible members of the community, as a minimum, the opportunity must have been notified in the Gazette:

(a) during the period of 12 months before the decision to promote the person is made; and

(b) as open to all Parliamentary Service employees.

(5) For subclause (4), Parliamentary Service employee includes a person who, at the time the opportunity for employment is notified in the Gazette, is a person mentioned in Schedule 2.

2.7 Temporary assignment of duties to Parliamentary Service employees

A Secretary must put in place measures to ensure that a Parliamentary Service employee is not assigned duties for a temporary period at a higher classification than the employee’s classification unless the following matters have been considered:

(a) the efficiency of the employee;

(b)   the relative importance to the Department of the duties to be performed at the higher classification and the other duties to be performed in the Department;

(c)   the length of the period in which the employee is to perform duties at the higher classification;

(d) the expected cost of the employee performing duties at the higher classification;

(e) the need for Parliamentary Service employees to be given the opportunity to gain experience in performing duties at a higher classification.

Schedule 1 Circumstances in which Part 2 does not apply

(subclause 2.1 (3))

1. The person is receiving an invalidity pension from the Commonwealth Superannuation Scheme or the Public Sector Superannuation Scheme and the CSS Board or PSS Board has decided that the person is fit to return to work.

2. The following circumstances exist in relation to the person:

(a) the person has during the previous 12 months, been an employee of the Department; and

(b) following an investigation of the circumstances of the ending of the person’s employment, the Secretary decides that the person’s previous employment should not have ended; and

(c) the engagement is at the person’s former classification or a lower classification.

3. The Australian Industrial Relations Commission has recommended the reinstatement of the person, or made an order for the reinstatement of the person, as a Parliamentary Service employee.

4. The Human Rights and Equal Opportunity Commission has recommended the reinstatement of the person as a Parliamentary Service employee.

5. The Federal Court of Australia has ordered the reinstatement of the person as a Parliamentary Service employee.

6. An application by the person for relief in relation to termination of employment is settled and the parties have agreed to the reinstatement of the person as a Parliamentary Service employee.

7. An application for re-engagement under prescribed conditions in accordance with subclause 5.2.12 of Parliamentary Service (Consequential and Transitional) Determination No 1999/3.

8. An application is made under Division 3.2 of Parliamentary Service Determination 2000/2.

Schedule 2 Persons who are included as Parliamentary Service employees for engagement and promotion

(subclauses 2.2 (5) and 2.6 (5))

1. A person who:

(a) is a first tier person or second tier person, within the transitional period, within the meaning of Part 9 of the Act; and

(b) at the time the opportunity for employment is notified in the Gazette, is performing duties in the organisation in which the person was performing duties immediately before the commencement of the Act.

2. An employee of the Australian Public Service.

3. A former officer of a Parliamentary Department who resigned on or after 2 August 1990, if:

(a) the resignation was for child rearing purposes and the person resigned after taking at least 12 weeks’ maternity or parental leave; and

(b) the resignation took place within 2 years of the date of birth of the child for which the period of maternity or parental leave was granted; and

(c) the opportunity for employment was notified in the Gazette within 6 years from the date of birth of the child for which the maternity or parental leave was granted.

4. A former officer of a Parliamentary Department who:

(a) on 1 April 1987, was on leave without pay to work in the Northern Territory Public Service (NTPS); and

(b) resigned before 1 April 1988 to continue employment in the NTPS; and

(c) has continued to be employed by the NTPS.

5. A former officer of a Parliamentary Department who:

(a) accepted an offer of employment by a State Government or the Northern Territory Government; and

(b) resigned from the Parliamentary Department in accordance with the agreement between the Commonwealth and the Public Sector Union on staffing issues arising from the Commonwealth-State Disability Agreement; and

(c) has continued to be employed by the relevant State Government or the Northern Territory Government.

Dictionary

(clause 1.3)

Note   Words and expressions defined in the Parliamentary Service Act 1999 are indicated by an asterisk (*) (see subclause 1.3 (2)). Minor changes from the Act are indicated by square brackets ([ ]).

Act means the Parliamentary Service Act 1999.

Parliamentary Service Group 1 classification means any of the classifications mentioned in column 2 of Group 1 of Schedule 1 to the Classification Rules.

classification means an approved classification within the meaning of the Classification Rules.

classification group means a group of classifications mentioned in column 1 of Schedule 1 to the Classification Rules.

Classification Rules means the Parliamentary Service Classification Rules made under section 23 of the Act, as in force from time to time.

employee means a Parliamentary Service employee.

employment means Parliamentary Service employment.

employer powers, for a Secretary, means the rights, duties and powers of the Secretary under Part 4 of the Act.

higher classification, for an employee, means a classification that is in a higher classification group than the employee’s current classification.

lower classification, for an employee, means a classification that is in a lower classification group than the employee’s current classification.

merit - see subsection 10 (2) of the Act and the note after subclause 2.1 (1).

non-Parliamentary Service Commonwealth employer includes:

(a) an Agency as defined in the Public Service Act 1999;

(b) the Australian Defence Force; and

(c) any other non-Parliamentary Service Commonwealth employer established under an Act; and

(d) any other employer in which the Commonwealth has a controlling interest or that is financed in whole, or in substantial part, by money provided by the Commonwealth.

ongoing Parliamentary Service employee means a person engaged as an ongoing Parliamentary Service employee, as mentioned in paragraph 22 (2) (a) [of the Act].

operational classification, in relation to a training classification, means a classification mentioned in column 3 of Schedule 2 to the Classification Rules that relates to that training classification.

promotion, for an ongoing Parliamentary Service employee, has the meaning given by subclause 2.6 (1).

redundancy benefit:

(a) means a severance payment, or similar payment, made to an employee on cessation of the employee’s employment in a Department or with a non-Parliamentary Service Commonwealth employer; and

(b) includes:

(i) any payment made to an employee as a result of the shortening of a retention period; and

(ii) any payment made to an SES employee under section 37 of the Act or section 76R of the Public Service Act 1922.

similar employment, in relation to an opportunity for employment notified in the Gazette, means employment that comprises similar duties, is at the same classification, and is to be performed in a similar location, as the employment notified in the Gazette.

training classification has the meaning given in the Classification Rules.

 

Note

1. Made by the Presiding Officers on 29 November 2000, and notified in the © Commonwealth of Australia Gazette on 13 December 2000.

Facebook LinkedIn Twitter Add | Email Print
Back to top