Commonwealth of Australia Explanatory Memoranda

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PARLIAMENTARY SERVICE AMENDMENT BILL 2013

                               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.




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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 and 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.




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