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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF REPRESENTATIVES/THE
SENATE
Presented and read a first
time
Parliamentary Service
Amendment Bill 2001
No. ,
2001
A Bill for an Act to amend
the Parliamentary Service Act 1999, and for related
purposes
Contents
Parliamentary Service Act
1999 2
A Bill for an Act to amend the Parliamentary Service
Act 1999, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Parliamentary Service Amendment Act
2001.
(1) Subject to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence under subsection (1) within the period
of 6 months beginning on the day on which it receives the Royal Assent, it
commences on the first day after the end of that period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Parliamentary Service Act
1999
1 Section 7
Insert:
non-ongoing APS employee has the same meaning as in the
Public Service Act 1999.
2 Section 7
Insert:
ongoing APS employee has the same meaning as in the Public
Service Act 1999.
3 Section 26
Repeal the section, substitute:
(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.
(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.
4 After section 54
Insert:
(1) The name of a Department referred to in subsection 54(2) may be
changed to a new name by resolutions passed by each House of the Parliament. The
change takes effect when the resolutions are passed.
(2) After the former name is changed, a reference to the former name in a
law of the Commonwealth, in a contract to which the Commonwealth is a party or
in some other instrument of the Commonwealth has effect as if it were a
reference to the new name.
(3) The Secretary of the Department whose name was changed remains the
Secretary of the newly named Department.
(4) Each Parliamentary Service employee of the Department whose name was
changed remains an employee of the newly named Department.
(5) The terms and conditions of service of the Secretary and of those
employees are not altered by the change of name.
(6) The functions of the newly named Department are not altered by the
change of name unless the resolutions passed by each House of the Parliament
declare otherwise.
If a Department (the former Department) referred to in
subsection 54(2) is abolished and its functions conferred on another Department
established under that subsection, a reference to the former Department in a law
of the Commonwealth, in a contract to which the Commonwealth is a party or in
some other instrument of the Commonwealth has effect as if it were a reference
to that other Department.