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Parliamentary Service Bill 1997 [No. 2]

Part 5 The Parliamentary Service Commissioner

Division 1 Commissioner’s functions etc.

38   Parliamentary Service Commissioner

                   There is to be a Parliamentary Service Commissioner.

39   Commissioner’s functions

             (1)  The Commissioner’s functions include the following functions:

                     (a)  to give advice to the Presiding Officers on the management policies and practices of the Parliamentary Service;

                     (b)  if requested by the Presiding Officers, to inquire into and report on matters relating to the Parliamentary Service that are specified in the request.

             (2)  A report by the Commissioner under paragraph (1)(b) may include recommendations.

             (3)  The Commissioner is not subject to direction by or on behalf of the Executive Government of the Commonwealth in the performance of his or her functions.

40   Commissioner’s inquiry powers

                   The following provisions apply in relation to an inquiry that is conducted by the Commissioner under paragraph 39(1)(b) (with references to the Auditor-General being replaced by references to the Commissioner):

                     (a)  sections 32, 33, 34 and 35 of the Auditor-General Act 1997 ;

                     (b)  any other provisions of the Auditor-General Act 1997 , or of regulations under that Act, that are relevant to the operation of section 32, 33, 34 or 35 of that Act.

41   Annual report

                   After the end of each financial year, the Commissioner must give a report to the Presiding Officers, for presentation to the Parliament, on the activities of the Commissioner during the year.


Division 2 Commissioner’s appointment, conditions etc.

42   Appointment of Commissioner

             (1)  The Commissioner is to be appointed by the Presiding Officers for a period of up to 5 years specified in the instrument of appointment.

             (2)  A person may hold both the office of Commissioner and the office of Public Service Commissioner.

43   Remuneration and other conditions of appointment

             (1)  Subject to subsection (2), the remuneration and other conditions of appointment of the Commissioner are as determined by the Remuneration Tribunal.

             (2)  If the same person holds both the office of Commissioner and the office of Public Service Commissioner, the person is not to be paid any remuneration in respect of the office of Commissioner.

44   Removal from office

             (1)  The Presiding Officers may remove the Commissioner from office if each House of the Parliament, in the same session of the Parliament, presents an address to the Presiding Officers praying for the removal of the Commissioner on the ground of misbehaviour or physical or mental incapacity.

             (2)  The Presiding Officers must remove the Commissioner from office if the Commissioner becomes an insolvent under administration.

45   Acting Commissioner

             (1)  The Presiding Officers may appoint a person to act as Commissioner:

                     (a)  if there is a vacancy in the office of Commissioner, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Commissioner is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (2)  A person may act in both the office of Commissioner and the office of Public Service Commissioner.

             (3)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.