Parliamentary Service Act 2000

Schedule 2 Provisions applying in respect of Parliamentary Service Commission

s 19

Meetings of Commission

1 Calling of meetings

(1)

Meetings of the Parliamentary Service Commission are held at times and places appointed from time to time by the Commission or its chairperson.

(2)

The chairperson, or any 3 members, may at any time call a special meeting. When the membership of the Commission consists of the persons specified in section 18, 1 member of the Commission may call a special meeting at any time.

Compare: 1985 No 128 s 11(1), (2)

2 Person presiding

(1)

At all meetings of the Parliamentary Service Commission, the chairperson, if present, presides.

(2)

If the chairperson is absent from a meeting and there is no deputy appointed under clause 7 attending for the chairperson, the members present must appoint one of their number to be the chairperson of that meeting.

Compare: 1985 No 128 s 11(3)

3 Quorum

(1)

At all meetings of the Parliamentary Service Commission held during the term of a Parliament, the number of members required for a quorum is determined by the number of recognised parties represented in the House of Representatives, as follows:

(a)

if there is an even number of such parties, the quorum is half that number plus 1:

(b)

if there is an odd number of such parties, the quorum is half that number, rounded up to the nearest whole number.

(2)

The quorum determined in accordance with subclause (1) must include at least 1 member who is a member of a recognised party in Opposition.

(3)

At all meetings of the Commission that are held while the Commission consists of the persons specified in section 18, 2 members form a quorum.

4 Decisions

(1)

Each question arising at any meeting of the Parliamentary Service Commission is decided by a majority of the valid votes recorded on the question.

(2)

The manner of voting at meetings of the Commission must be in accordance with clause 5 or clause 6, as the case may require.

Compare: 1985 No 128 s 11(4)

5 Voting at meetings held during term of Parliament

(1)

This clause applies to every meeting of the Parliamentary Service Commission that is held during the term of a Parliament.

(2)

When a question is voted on at a meeting, all votes are cast on behalf of recognised parties.

(3)

A member of the Commission who votes at a meeting on behalf of a recognised party casts as many votes as there are members of the House of Representatives who belong to that party.

(4)

A member of the Commission may vote at a meeting only if the member is authorised by a recognised party, either generally or for the particular meeting, to vote on behalf of that party.

(5)

The fact that a member of the Commission votes at a meeting on behalf of a recognised party is, unless the contrary is shown, sufficient evidence of that member’s authority to vote on behalf of that party at that meeting.

6 Voting at meetings held between Parliaments

At a meeting held while the Parliamentary Service Commission consists of the persons specified in section 18, each of those persons has 1 vote, and, if the votes are equal, the chairperson or other person presiding also has a casting vote.

Compare: 1985 No 128 s 11(5)

7 Deputies

(1)

A member of the Parliamentary Service Commission may, by notice in writing, appoint a member of Parliament to attend 1 or more meetings of the Commission as the deputy of that member.

(2)

No person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary may be appointed as the deputy of a member of the Commission who holds office under section 15(1)(d).

(3)

The appointment of a deputy ceases if—

(a)

the person who appointed the deputy, by written notice, revokes the appointment; or

(b)

the person who appointed the deputy ceases to be a member of the Commission.

(4)

For the purposes of a meeting that a deputy attends in the place of a member, the deputy—

(a)

has and may exercise all the rights, privileges, and duties of that member; and

(b)

is to be regarded as a member of the Commission.

(5)

The powers conferred by this clause may not be exercised at any time while the Commission consists of the persons specified in section 18.

Compare: 1985 No 128 s 9(1), (2), (2A)

Committees and reports

8 Committees

(1)

The Parliamentary Service Commission may from time to time appoint competent persons, whether members of the Commission or not, to be a committee or committees to assist the Commission on any matter within the scope of its functions.

(2)

Subject to the provisions of this Act and to any general or special directions of the Commission, any committee appointed under this clause may regulate its procedure in any manner it thinks fit.

Compare: 1985 No 128 s 13

9 Employment of experts

(1)

The Speaker may commission 1 or more experts to make any inquiries or conduct any research or prepare any reports that may be necessary for the efficient performance of the Parliamentary Service Commission’s functions.

(2)

The Speaker must consult with the Commission before doing so.

Compare: 1985 No 128 s 17

10 Procedure of Parliamentary Service Commission

Subject to the provisions of this Act, the Parliamentary Service Commission may regulate its procedure and exercise its functions in any manner it thinks fit.

Compare: 1985 No 128 s 15

11 Annual report

As soon as practicable after the end of each year ending with 30 June, the Parliamentary Service Commission must prepare and present to the House of Representatives a report on its activities during that year.

Compare: 1985 No 128 s 18