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Parliamentary Service Amendment Bill 2013

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2010-2011-2012-2013

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

THE SENATE

 

 

 

 

 

 

 

 

 

PARLIAMENTARY SERVICE AMENDMENT BILL 2012

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

Amendments to be moved on behalf of the President of the Senate, Senator the Hon John Hogg

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the President of the Senate, Senator the Hon John Hogg)



PARLIAMENTARY SERVICE AMENDMENT BILL 2012

OUTLINE

The amendments to the Parliamentary Service Amendment Bill 2012 (the Bill) amend the Parliamentary Service Act 1999 (the Act) to expand the definition of 'entrusted person' in the Bill to include a delegate of the Merit Protection Commissioner, and to provide that a delegate of the Merit Protection Commissioner has immunity from civil proceedings.  As the Merit Protection Commissioner may need to delegate his or her functions from time to time, it is important that such delegates are covered by these provisions.

FINANCIAL IMPACT STATEMENT

The amendments have no financial impact.

Regulation Impact Statement

No regulation impact statement is required for the measures contained in the Bill.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Amendments to the Parliamentary Service Amendment Bill 2012

These amendments do not engage any human rights beyond those already engaged by the Bill.

The Statement of Compatibility contained in the Explanatory Memorandum to the Bill contains a comprehensive explanation of the Bill's engagement with human rights and confirms that the Bill is compatible with human rights because the Bill promotes a number of human rights, and to the extent that the Bill limits human rights, it does so in a reasonable, necessary and proportionate way.

 

 

 

 

 

 

 

 

 

 

NOTES ON INDIVIDUAL AMENDMENTS

Item 1 relates to the definition of 'entrusted person' in the Bill, and item 2 relates to the immunity from civil proceedings for a delegate of the Merit Protection Commissioner.

Item 1—Schedule 1, item 44, page 26 (after line 6), after paragraph (a) of the definition of ‘entrusted person’ in subsection 65AB(1)

This item proposes to amend item 44 of the Bill to insert a new paragraph (aa) into proposed subsection 65AB(1) in the Bill.  This amendment corrects a technical omission and provides for a delegate of the Merit Protection Commissioner to be included in the definition of 'entrusted person' in proposed subsection 65AB(1).  Under the Bill, an 'entrusted person' has particular responsibilities with respect to the use an d disclosure of 'protected information'.

This amendment will ensure that the subsection is consistent with the approach taken for delegates of the Parliamentary Service Commissioner, and is consistent with the approach taken in the Public Service Amendment Bill 2012 more generally.

Item 2—Schedule 1, item 46, page 33 (after line 24), after paragraph 70A(2)(a)

This item proposes to amend item 46 of the Bill to insert a new paragraph (aa) into proposed subsection 70A(2) in the Bill.  This amendment corrects a technical omission and provides that a delegate of the Merit Protection Commissioner has immunity from civil proceedings in relation to anything done (or not done) in good faith in connection with the performance of their functions or duties.   

This amendment will ensure that the subsection is consistent with the approach taken for delegates of the Parliamentary Service Commissioner, and is consistent with the approach taken in the Public Service Amendment Bill 2012 more generally.