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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENTARY SERVICE AMENDMENT BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Parliamentary Service Amendment Bill
2005
No. , 2005
A Bill for an Act to amend the Parliamentary
Service Act 1999, and for related purposes
i Parliamentary Service Amendment Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Amendment of the Parliamentary Service Act
1999
3
Schedule 2--Amendment of other Acts
10
Long Service Leave (Commonwealth Employees) Act 1976
10
Remuneration Tribunal Act 1973
10
Parliamentary Service Amendment Bill 2005 No. , 2005 1
A Bill for an Act to amend the Parliamentary
1
Service Act 1999, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Parliamentary Service Amendment
5
Act 2005.
6
2 Commencement
7
This Act commences on the day on which it receives the Royal
8
Assent.
9
2 Parliamentary Service Amendment Bill 2005 No. , 2005
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment Bill 2005 No. , 2005 3
1
Schedule 1--Amendment of the Parliamentary
2
Service Act 1999
3
4
1 Paragraph 3(c)
5
After "Secretaries,", insert "the Parliamentary Librarian,".
6
2 Section 7
7
Insert:
8
joint Department means:
9
(a) the Department of Parliamentary Services; or
10
(b) if another Department is designated as the joint Department
11
by the Presiding Officers--that other Department.
12
3 Section 7
13
Insert:
14
Library Committee means the committee or committees of the
15
Houses of Parliament that advise the Presiding Officers in respect of
16
the functions of the Parliamentary Librarian.
17
4 Section 7
18
Insert:
19
Parliamentary Librarian means the holder of the office of
20
Parliamentary Librarian established under section 38A.
21
5 Section 9
22
After "Secretaries", insert ", the Parliamentary Librarian".
23
6 After section 17
24
Insert:
25
Schedule 1 Amendment of the Parliamentary Service Act 1999
4 Parliamentary Service Amendment Bill 2005 No. , 2005
17A Application of sections 16 and 17 to the Parliamentary
1
Librarian
2
Sections 16 and 17 apply to the Parliamentary Librarian as if he or
3
she were a Parliamentary Service employee.
4
7 Part 4 (heading)
5
Repeal the heading, substitute:
6
Part 4--Parliamentary Service employees and the
7
Parliamentary Librarian
8
8 At the end of Part 4
9
Add:
10
Division 3--Parliamentary Librarian
11
38A Parliamentary Librarian
12
An office of Parliamentary Librarian is established by this section.
13
Note:
The Parliamentary Librarian is within the joint Department (see
14
section 54).
15
38B Functions of Parliamentary Librarian
16
(1) The functions of the Parliamentary Librarian are:
17
(a) to provide high quality information, analysis and advice to
18
Senators and Members of the House of Representatives in
19
support of their parliamentary and representational roles; and
20
(b) to undertake such other responsibilities within the joint
21
Department, consistent with the function set out in
22
paragraph (a), as are conferred in writing on the
23
Parliamentary Librarian by the Secretary of the joint
24
Department with the approval of the Presiding Officers.
25
(2) The Parliamentary Librarian must perform the function mentioned
26
in paragraph (1)(a):
27
(a) in a timely, impartial and confidential manner; and
28
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment Bill 2005 No. , 2005 5
(b) maintaining the highest standards of scholarship and integrity;
1
and
2
(c) on the basis of equality of access for all Senators, Members of
3
the House of Representatives, parliamentary committees and
4
staff acting on behalf of Senators, Members or parliamentary
5
committees; and
6
(d) having regard to the independence of Parliament from the
7
Executive Government of the Commonwealth.
8
38C Appointment of Parliamentary Librarian
9
(1) The Parliamentary Librarian is to be appointed by the Presiding
10
Officers for a period of 5 years.
11
(2) The Presiding Officers cannot make an appointment unless they
12
have received a report about the vacancy from the Secretary of the
13
joint Department.
14
(3) The Presiding Officers cannot appoint a person as the Parliamentary
15
Librarian unless the person has either or both of the following:
16
(a) professional qualifications in librarianship or information
17
management (however described);
18
(b) professional membership of a recognised professional
19
association in the discipline of librarianship or information
20
management (however described).
21
(4) An appointment is not affected by any defect or irregularity in or in
22
connection with the appointment.
23
38D Termination of appointment of Parliamentary Librarian
24
(1) The Presiding Officers may, by notice in writing, terminate the
25
appointment of the Parliamentary Librarian at any time.
26
(2) The Presiding Officers cannot terminate an appointment unless they
27
have received a report about the proposed termination from the
28
Commissioner.
29
Schedule 1 Amendment of the Parliamentary Service Act 1999
6 Parliamentary Service Amendment Bill 2005 No. , 2005
38E Remuneration and other conditions of appointment
1
(1) The remuneration and other conditions of employment of the
2
Parliamentary Librarian are as determined by the Presiding
3
Officers.
4
(2) For each determination, the Presiding Officers must seek the advice
5
of the Remuneration Tribunal and take that advice into account.
6
(3) Each determination must be:
7
(a) published in the Gazette within 14 days; and
8
(b) laid before the Senate and the House of Representatives as
9
soon as practicable;
10
after the determination is made.
11
38F Acting Parliamentary Librarian
12
(1) The Presiding Officers may appoint a person to act in the office of
13
Parliamentary Librarian:
14
(a) if there is a vacancy in the office, whether or not an
15
appointment has previously been made to the office; or
16
(b) during any period, or during all periods, when the
17
Parliamentary Librarian is absent from duty or from Australia
18
or is, for any reason, unable to perform the duties of the
19
office.
20
(2) However, the Presiding Officers cannot appoint a person to act in
21
the position unless the person meets the requirement in subsection
22
38C(3).
23
(3) Anything done by or in relation to a person purporting to act under
24
this section is not invalid merely because:
25
(a) the occasion for the appointment had not arisen; or
26
(b) there was a defect or irregularity in connection with the
27
appointment; or
28
(c) the appointment had ceased to have effect; or
29
(d) the occasion to act had not arisen or had ceased.
30
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment Bill 2005 No. , 2005 7
38G Resources for the Parliamentary Librarian
1
(1) The Secretary of the joint Department must provide resources to the
2
Parliamentary Librarian in accordance with an annual agreement
3
that satisfies the requirements of subsection (2).
4
(2) The agreement must be:
5
(a) made between the Secretary of the joint Department and the
6
Parliamentary Librarian; and
7
(b) approved by the Presiding Officers in writing after receiving
8
advice about the contents of the agreement from the Library
9
Committee.
10
(3) The Presiding Officers may approve the agreement for the purposes
11
of subsection (2) either before or after the agreement is made by the
12
Secretary and the Parliamentary Librarian.
13
38H Reporting to Library Committee
14
(1) The Parliamentary Librarian must give a report on the performance
15
of the functions of the Parliamentary Librarian to the Library
16
Committee on the request of the Committee.
17
Note:
The Parliamentary Librarian must also give an annual report to the
18
Presiding Officers under section 65.
19
(2) However, the Parliamentary Librarian must give such a report to the
20
Committee at least once every financial year.
21
38I Copyright
22
For the purposes of sections 48A and 104A of the Copyright Act
23
1968:
24
(a) the part of the joint Department that is headed by the
25
Parliamentary Librarian and that provides library services is
26
taken to be a library the principal purpose of which is to
27
provide library services for Members of the Parliament; and
28
(b) the Parliamentary Librarian is taken to be the officer in charge
29
of that library; and
30
(c) a Parliamentary Service employee authorised by the
31
Parliamentary Librarian to act on his or her behalf in relation
32
Schedule 1 Amendment of the Parliamentary Service Act 1999
8 Parliamentary Service Amendment Bill 2005 No. , 2005
to the provision of the library services is taken to be an
1
authorised officer of that library.
2
Note:
Sections 48A and 104A of the Copyright Act 1968 apply only in
3
relation to things done for the sole purpose of assisting a person who
4
is a Member of a Parliament in the performance of the person's
5
duties as such a Member.
6
9 Subsection 48(4) (definition of Parliamentary Service
7
action)
8
Omit "or by a Secretary", substitute ", by a Secretary or by the
9
Parliamentary Librarian".
10
10 Subsection 54(3)
11
Repeal the subsection, substitute:
12
(3) For the purposes of this Act:
13
(a) for the joint Department--the Department consists of the
14
Secretary of the Department, together with the Parliamentary
15
Librarian and Parliamentary Service employees assisting the
16
Secretary; and
17
(b) for any other Department--the Department consists of the
18
Secretary of the Department, together with Parliamentary
19
Service employees assisting the Secretary.
20
11 Subsection 65(2)
21
Omit "The report", substitute "A report made under subsection (1)".
22
12 At the end of section 65
23
Add:
24
(3) After the end of each financial year, the Parliamentary Librarian
25
must give a report to the Presiding Officers on the performance of
26
the Parliamentary Librarian's functions during the year. The
27
Parliamentary Librarian's report must be included in the report on
28
the activities of the joint Department made under paragraph (1)(c).
29
13 Paragraph 67(1)(a)
30
After "Secretary", insert ", the Parliamentary Librarian".
31
14 After subsection 70(1)
32
Amendment of the Parliamentary Service Act 1999 Schedule 1
Parliamentary Service Amendment Bill 2005 No. , 2005 9
Insert:
1
(1A) A Secretary may, in writing, delegate to the Parliamentary Librarian
2
any of the Secretary's powers or functions under this Act (other
3
than this section).
4
15 After subsection 70(3)
5
Insert:
6
(3A) If powers or functions are delegated under subsection (1A), the
7
Parliamentary Librarian may, in writing, delegate any of those
8
powers or functions to a Parliamentary Service employee. However,
9
if the Parliamentary Librarian is subject to directions in relation to
10
the exercise of a power or function delegated under this subsection,
11
the Parliamentary Librarian must give corresponding directions to
12
the Parliamentary Service employee concerned.
13
16 Subsection 70(4)
14
After "subsection (3)", insert "or (3A)".
15
17 Subsection 70(4)
16
After "subsection (1)", insert "or (1A)".
17
18 Paragraph 81(1)(g)
18
Omit "Act; and", substitute "Act.".
19
19 Paragraphs 81(1)(h), (i) and (j)
20
Repeal the paragraphs.
21
20 Paragraphs 82(a) and (b)
22
After "a Secretary", insert ", the Parliamentary Librarian".
23
Schedule 2 Amendment of other Acts
10 Parliamentary Service Amendment Bill 2005 No. , 2005
1
Schedule 2--Amendment of other Acts
2
3
Long Service Leave (Commonwealth Employees) Act 1976
4
1 Subsection 9B(4)
5
Repeal the subsection, substitute:
6
(4) The reference in subsection (1) to an officer or employee of the
7
Parliament is a reference to the following:
8
(a) the Clerk of the Senate;
9
(b) the Clerk of the House of Representatives;
10
(c) the Secretary of another Department of the Parliament
11
established under section 54 of the Parliamentary Service Act
12
1999;
13
(d) the Parliamentary Librarian appointed under section 38C of
14
that Act;
15
(e) a person engaged as an employee under section 22 of that Act.
16
Remuneration Tribunal Act 1973
17
2 At the end of subsection 5(2D)
18
Add:
19
; (d) the office of Parliamentary Librarian.
20