Parliamentary Service Act 2000

Schedule 1 Provisions applying in respect of Parliamentary Service

s 12

General Manager and Acting General Manager

1 Appointment of General Manager

(1)

The General Manager of the Parliamentary Service is appointed by the Governor-General on the recommendation of a committee consisting of—

(a)

the Speaker, who chairs the committee constituted under this clause:

(b)

a member of the Parliamentary Service Commission appointed for the purpose by the Leader of the House:

(c)

a member of the Parliamentary Service Commission appointed for the purpose by the Leader of the Opposition:

(d)

the State Services Commissioner:

(e)

not more than 2 additional members appointed by the members specified in paragraphs (a) to (d), if those members decide, in a particular case, that the exercise of the power conferred by this paragraph is appropriate.

(2)

The committee may examine applicants and seek advice from any sources it considers relevant.

(3)

At every meeting of the committee,—

(a)

each matter must be decided by a majority of the votes recorded on it; and

(b)

the person presiding has a deliberative vote and, if the votes are equal, also has a casting vote.

(4)

The committee—

(a)

may from time to time invite any person it thinks fit to assist it in its deliberations; and

(b)

may, except as otherwise specified in this clause, regulate its own procedure.

Compare: 1985 No 128 s 35(2)–(6)

2 Obligation to advertise vacancies

No person may be appointed as the General Manager of the Parliamentary Service unless the vacancy has been notified in a manner that the Speaker thinks sufficient to enable suitably qualified persons to apply for the position.

Compare: 1985 No 128 s 36

3 Remuneration and conditions of employment

(1)

The remuneration of the General Manager is determined from time to time by the Remuneration Authority under the Remuneration Authority Act 1977.

(2)

The terms and conditions of employment of the General Manager (other than remuneration) are determined from time to time by the State Services Commissioner with the agreement of the Speaker.

Compare: 1988 No 126 s 8

Schedule 1 clause 3(1): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

4 Term of office

(1)

The General Manager is appointed for a term of 5 years; but is eligible for reappointment from time to time.

(2)

When the term for which a person has been appointed as General Manager expires, that person, unless sooner vacating or removed from office under clause 5, continues to hold office until—

(a)

that person is reappointed; or

(b)

a successor to that person is appointed.

Compare: 1988 No 126 s 10

5 Removal of General Manager from office

The State Services Commissioner may, with the agreement of the Speaker, for just cause or excuse, remove the General Manager from office.

Compare: 1985 No 128 s 36B

6 Acting General Manager of Parliamentary Service

(1)

When there is a vacancy in the position of General Manager or when the General Manager is (for whatever reason) absent from duty, the functions, duties, and powers of the General Manager must be exercised or performed by a person whom the Speaker directs to exercise those functions, duties, and powers.

(2)

A person whom the Speaker directs must be an employee of the Parliamentary Service or an employee of a department.

(3)

The Speaker may give a direction before the occurrence of any vacancy or absence referred to in subclause (1) or while the vacancy or absence continues.

(4)

No direction and no act done by a person acting under a direction given under this clause may, in a proceeding, be questioned on the ground that the occasion for the direction had not arisen or had ceased or on the ground that the person had not been appointed to a position to which the direction relates.

Compare: 1985 No 128 s 34

Employment in Parliamentary Service

7 Application of State Sector Act 1988

(1)

The provisions of Parts 5, 6, and 8 of the State Sector Act 1988 apply in respect of employment within the Parliamentary Service as if—

(a)

the Service were a department; and

(b)

all references to the chief executive were references to the General Manager.

(2)

Nothing in any other Part of the State Sector Act 1988 applies in respect of the Service or persons employed in the Service.

(3)

Subclause (2) is subject to clause 15.

(4)

Despite section 68 of the State Sector Act 1988, the General Manager is responsible for negotiating a collective agreement under the Employment Relations Act 2000 and the General Manager must consult with the State Services Commissioner about the conditions of employment to be included in the collective agreement.

Compare: 1985 No 128 s 39

Schedule 1 clause 7(4): added, on 25 January 2005, by section 18 of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

8 Delegation of powers by General Manager

(1)

The General Manager may delegate to a specified employee, or to employees of a specified class, of the Parliamentary Service any function, duty, or power (other than this power of delegation) that the General Manager can exercise—

(a)

under an enactment; or

(b)

under a delegation made under an enactment.

(2)

A delegation must be in writing and signed by the General Manager.

(3)

A delegate must exercise or perform the functions, duties, or powers delegated—

(a)

in accordance with any condition attaching to the delegation and any general or special direction given by the General Manager; but

(b)

otherwise in the same manner and with the same effect as if they had been conferred or imposed on the delegate directly by this Act.

(4)

Every person appearing to act under a delegation is, in the absence of proof to the contrary, to be regarded as acting in accordance with the terms of the delegation.

Compare: 1985 No 128 s 31(1)–(4)

9 Status of delegations

(1)

The General Manager is not prevented from exercising or performing any function, duty, or power delegated under clause 8.

(2)

The General Manager may revoke a delegation at any time by written notice to the delegate.

(3)

A delegation continues in force according to its tenor until it is revoked.

(4)

If the person who made the delegation ceases to hold office as General Manager, the delegation continues to have effect as if made,—

(a)

until the appointment of the next General Manager, by the person acting as General Manager; and

(b)

after that appointment, by the next General Manager.

Compare: 1985 No 128 s 31(5), (6)

10 Superannuation

For the purposes of the Government Superannuation Fund Act 1956, service as an employee of the Parliamentary Service is Government service.

Compare: 1985 No 128 s 44

Parliamentary Library

11 Parliamentary Library

The Parliamentary Library forms part of the Parliamentary Service.

Compare: 1985 No 128 s 49

12 Functions of Parliamentary Library

(1)

The general function of the Parliamentary Library is to provide to the persons specified in subclause (2) the library, information, research, and reference services required by the General Manager.

(2)

The Parliamentary Library must provide the services referred to in subclause (1) to the following persons:

(a)

members of Parliament:

(b)

officers of the House of Representatives:

(c)

officers of Parliament:

(d)

staff of the Parliamentary Service or of any office of Parliament:

(e)

persons employed within Parliament Buildings (including the Executive Wing):

(f)

any other person or class of person approved from time to time by the Speaker.

Compare: 1951 No 128 s 50

13 Parliamentary Librarian

(1)

The head of the Parliamentary Library (called the Parliamentary Librarian) is an employee of the Parliamentary Service.

(2)

Before appointing a person to the position of Parliamentary Librarian, the General Manager must consult with any committee, established under clause 8 of Schedule 2, that is responsible for providing advice on the Parliamentary Library.

(3)

The holder of the position of Parliamentary Librarian is responsible to the General Manager.

Compare: 1985 No 128 s 51

Audits and reviews of Parliamentary Service

14 Audit

The Parliamentary Service Commission is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

Schedule 1 clause 14: substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

15 Functions of State Services Commissioner in relation to Parliamentary Service

(1)

The State Services Commissioner may from time to time, at the request of the Speaker, exercise in respect of the Parliamentary Service any of the functions conferred on the State Services Commissioner by section 6 of the State Sector Act 1988.

(1A)

The State Services Commissioner must exercise functions requested by the Speaker in accordance with subsection (1) consistently with the role of the Parliamentary Service and its separation from the executive government.

(2)

For the purposes of this clause, section 6 of the State Sector Act 1988 applies, with all necessary modifications, as if—

(a)

the Service were a department; and

(b)

the General Manager of the Service were the chief executive of that department.

Compare: 1988 No 126 s 17

Schedule 1 clause 15(1A): inserted, on 18 July 2013, by section 64(2) of the State Sector Amendment Act 2013 (2013 No 49).

Assets of Parliamentary Corporation notionally owned by Parliamentary Service

16 Assets of Parliamentary Corporation owned by Parliamentary Service for certain purposes

All assets and liabilities of the Parliamentary Corporation must be treated as the assets and liabilities of the Parliamentary Service for each of the following purposes:

(a)

the audit of the Service:

(b)

the information that is required to be provided by the Service under sections 14 to 15A and 15E of the Public Finance Act 1989:

(c)

the reports and information required to be prepared under the Public Finance Act 1989:

(d)

any other matter done under, or in connection with, the Public Finance Act 1989.

Schedule 1 clause 16(b): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Schedule 1 clause 16(b): amended, on 1 July 2014, by section 104 of the Public Finance Amendment Act 2013 (2013 No 50).

Schedule 1 clause 16(c): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).