This Act may be cited as the Parliamentary Service Act 1985.

This Act shall come into force on the 1st day of October 1985.

In this Act, unless the context otherwise requires,—

There is hereby established a service to be called the Parliamentary Service.

The Parliamentary Service is not an instrument of the Executive Government of New Zealand.

The principal duties of the Parliamentary Service shall be to provide to the House of Representatives and to members of the House of Representatives such administrative and support services as may be necessary or desirable.

The Parliamentary Service may, with the approval of the Parliamentary Service Commission, provide administrative and support services for—

The Parliamentary Service shall have such other duties as are conferred or imposed on it by or under this Act or any other enactment.

Nothing in this section limits the provision to the House of Representatives and to members of the House of Representatives of administrative and support services by any instrument of the Crown in respect of the Government of New Zealand, whether a Department, a corporation, an agency, or other instrument.

There is hereby established a commission to be called the Parliamentary Service Commission.

The Parliamentary Service Commission shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may do and suffer.

The general functions of the Parliamentary Service Commission shall be—

The Parliamentary Service Commission shall have such other functions as are conferred or imposed on it by or under this Act or any other enactment.

The Parliamentary Service Commission shall have power to make such grants as it considers necessary or expedient for the purposes of this Act.

The Parliamentary Service Commission shall have such other powers as are conferred on it by or under this Act or any other enactment and such other powers as may be reasonably necessary to enable it to carry out its functions.

Notwithstanding anything in subsections (1) to (4) of this section, the Parliamentary Service Commission shall have no role in relation to—

Subject to section 10 of this Act, the Parliamentary Service Commission shall consist of—

Any person who holds office as a Minister of the Crown or as a Parliamentary Under-Secretary shall not be appointed under subsection (1)(d) of this section as a member of the Parliamentary Service Commission.

Past service is no bar to nomination or appointment as a member of the Parliamentary Service Commission.

The powers of the Parliamentary Service Commission shall not be affected by any vacancy in its membership.

A member of the Parliamentary Service Commission who holds office by virtue of a nomination under section 7(1)(b) or section 7(1)(c) of this Act shall vacate office as a member of the Commission—

A member of the Parliamentary Service Commission who holds office under section 7(1)(d) of this Act shall vacate office as a member of the Commission—

A member of the Parliamentary Service Commission who holds office by virtue of a nomination under section 7(1)(b) or section 7(1)(c) of this Act or by virtue of an appointment under section 7(1)(d) of this Act may, by writing addressed to the Chairman of the Commission, at any time resign the office.

Where the Speaker of the House of Representatives is incapable of acting by reason of illness, absence, or other sufficient cause or where there is a vacancy in the office of Speaker of the House of Representatives, any member of the House of Representatives appointed by resolution of the House of Representatives to be Acting Speaker shall have and may exercise all the powers, functions, and duties of the Chairman of the Parliamentary Service Commission.

Any person who is a member of the Parliamentary Service Commission may from time to time by writing under the hand of that person appoint another member of the House of Representatives to attend meetings of the Parliamentary Service Commission as the deputy of that person and may, from time to time and in like manner, cancel any such appointment.

Where any person attends any meeting of the Parliamentary Service Commission in the capacity of a deputy appointed under subsection (2) of this section by the Speaker or Acting Speaker of the House of Representatives, that person shall act as the chairman of that meeting.

No acts done by the Parliamentary Service Commission while an Acting Speaker of the House of Representatives is acting for or in the place of the Speaker of the House of Representatives shall in any proceedings be questioned on the ground that the occasion for the Acting Speaker to act for or in the place of the Speaker had not arisen or had ceased.

No appointment under subsection (2) of this section and no act done by a member of the House of Representatives appointed under that subsection in that member’s capacity as a deputy so appointed, and no act done by the Parliamentary Service Commission while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for the deputy’s so acting had not arisen or had ceased.

The powers conferred by this section may not be exercised, and no deputy shall hold office, at any time while the Parliamentary Service Commission is constituted under section 10 of this Act.

On a dissolution of the General Assembly or expiration of the House of Representatives, the Parliamentary Service Commission shall, until the first meeting of the House of Representatives after the general election of its members, consist of—

The Chairman of the Parliamentary Service Commission shall be the person holding office as a member of the Commission under subsection (1)(a) of this section.

Meetings of the Parliamentary Service Commission shall be held at such times and places as the Commission or its Chairman from time to time appoints.

The Chairman, or any 3 members, may at any time call a special meeting. Where the membership of the Commission is determined by section 10 of this Act, any member of the Commission may at any time call a special meeting.

At all meetings of the Parliamentary Service Commission the Chairman, if present, shall preside. If the Chairman is absent and none of the members present is a person already authorised by or under this Act to act as Chairman, the members present shall appoint one of their number to be chairman of that meeting.

All questions arising at any meeting of the Parliamentary Service Commission shall be decided by a majority of the valid votes recorded thereon.

At any meeting of the Parliamentary Service Commission the Chairman or other person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

Subject to subsection (2) of this section, at all meetings of the Parliamentary Service Commission 4 members shall form a quorum.

At all meetings of the Parliamentary Service Commission that are held while the Commission consists of the persons specified in section 10 of this Act, 2 members shall form a quorum.

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 such matters within the scope of its functions as are referred to them by the Commission.

The power conferred by subsection (1) of this section includes the power to appoint a committee consisting in whole or in part of persons employed in the Parliamentary Service and having as its function or as one of its functions the function of consulting with, and giving advice to, the Parliamentary Service Commission on any matter affecting the staff of the Parliamentary Service.

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

The Parliamentary Service Commission may from time to time, either generally or particularly, delegate any of its powers to any of its members or to any other person or persons.

In any case where the Commission has, pursuant to subsection (1) of this section, delegated any of its powers to any person, that person may, with the prior approval in writing of the Commission, delegate such of those powers as the Commission approves to any other person or to the holder for the time being of any specified office in the Parliamentary Service.

Subject to any general or special directions given by the Commission, the person to whom any powers are so delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

Every member of the Commission and every other person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or of specified classes of offices.

Every such delegation shall be revocable in writing at will and no delegation shall prevent the exercise of any power or function by the Commission.

Any such delegation shall, until it is revoked, continue in force according to its tenor, notwithstanding any changes in the membership of the Commission.

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

Any Government Department or Government agency may from time to time, at the request of the Parliamentary Service Commission, enter into contracts or arrangements for the execution or provision by the Department or agency for the Parliamentary Service Commission or for members of the House of Representatives of any work or service, or for the supply to the Parliamentary Service Commission or members of the House of Representatives of any goods, stores, or equipment, on and subject to such terms and conditions as may be agreed upon.

The Parliamentary Service Commission may commission any person, who in its opinion possesses expert knowledge or is otherwise able to assist it in connection with the exercise of its functions, to make such inquiries or to conduct such research or to make such reports as may be necessary for the efficient carrying out of any of its functions.

As soon as practicable after the end of each year ending with the 31st day of March, the Parliamentary Service Commission shall prepare and lay before the House of Representatives a report of its operations during that year.

There shall from time to time be appointed, as an officer of the House of Representatives, a Clerk of the House of Representatives.

The Clerk of the House of Representatives shall be appointed by the Governor-General on the recommendation of the Speaker of the House of Representatives.

No person shall be appointed or reappointed as Clerk of the House of Representatives after that person has attained the age of 65 years.

No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Services Act 1962 by reason of that person’s appointment as Clerk of the House of Representatives.

Nothing in the State Services Act 1962 shall apply to the Clerk of the House of Representatives.

The functions of the Clerk of the House of Representatives shall be—

In carrying out the functions specified in subsection (1) of this section, the Clerk of the House of Representatives shall be assisted (particularly in relation to the duties required to be performed at the Table of the House of Representatives) by a Deputy Clerk of the House of Representatives and by such other Clerks as are necessary.

Subject to subsections (4) and (5) of this section, the Clerk of the House of Representatives shall, in carrying out the duties and exercising the powers conferred on the Clerk of the House of Representatives by the Standing Orders and practices of the House of Representatives, be under the control of the Speaker of the House of Representatives.

If during any period (other than the period between a dissolution of the General Assembly or an expiration of the House of Representatives and the first meeting of the House of Representatives after the general election of its members) there is no Speaker of the House of Representatives, the Clerk of the House of Representatives shall, during that period, be, in relation to the carrying out of the duties and the exercising of the powers referred to in subsection (3) of this section, under the control of—

On the dissolution of the General Assembly or the expiration of the House of Representatives, the Clerk of the House of Representatives shall, until the first meeting of the House of Representatives after the general election of its members, be, in relation to the carrying out of the duties and the exercising of the powers referred to in subsection (3) of this section, under the control of—

The Clerk of the House of Representatives shall supervise the work of the following persons:

which persons shall be under the control of the Clerk of the House of Representatives.

The person holding the office of Clerk of the House of Representatives shall not be capable of being a member of Parliament, and shall not, without the approval of the Speaker of the House of Representatives in each particular case, hold any office of trust or profit, other than that person’s office as Clerk of the House of Representatives, or engage in any occupation for reward outside the office of Clerk of the House of Representatives.

There shall be paid to the Clerk of the House of Representatives a salary at such a rate as the Higher Salaries Commission from time to time determines.

There shall be paid to the Clerk of the House of Representatives such travelling and other allowances and expenses as are from time to time approved by the Parliamentary Service Commission.

The entitlement of the Clerk of the House of Representatives to holidays and annual and special leave shall be the same as that applying, by virtue of any determination made under the State Services Conditions of Employment Act 1977, to the Clerks at the Table appointed under section 26 of this Act.

Subject to subsections (2) to (4) of this section, the Clerk of the House of Representatives shall hold office during good behaviour.

The Clerk of the House of Representatives may at any time resign the office by writing addressed to the Speaker of the House of Representatives, or to the Governor-General if there is no Speaker or the Speaker is absent from New Zealand, and shall so resign the office on attaining the age of 65 years.

The Clerk of the House of Representatives may at any time be removed or suspended from office by the Governor-General, upon an address from the House of Representatives, for disability, bankruptcy, neglect of duty, or misconduct.

At any time when the House of Representatives is not in session, the Clerk of the House of Representatives may be suspended from office by the Governor-General for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General; but any such suspension shall not continue in force beyond 2 months after the beginning of the next ensuing session of the House of Representatives.

On the occurrence from any cause of a vacancy in the office of Clerk of the House of Representatives (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Clerk of the House of Representatives (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Clerk of the House of Representatives or any other person for the time being performing, pursuant to the Standing Orders of the House of Representatives or by direction of the Speaker of the House of Representatives, the duties of the Clerk shall have and may exercise all the functions, duties, and powers of the Clerk of the House of Representatives.

The fact that the Deputy Clerk or any other person exercises any function, duty, or power of the Clerk of the House of Representatives shall, in the absence of proof to the contrary, be conclusive evidence of the authority of the Deputy Clerk or other person to do so.

There shall from time to time be appointed, as officers of the House of Representatives,—

The officers specified in subsection (1) of this section shall be appointed by the Clerk of the House of Representatives.

The Clerk of the House of Representatives shall, before making any appointment under subsection (2) of this section, consult with both the Speaker of the House of Representatives and the other members of the Parliamentary Service Commission.

The Clerk of the House of Representatives shall, in making any appointment under subsection (2) of this section, have regard both to the provisions of subsections (4) and (5) of section 28 of the State Services Act 1962 and to any views expressed in the course of any consultation conducted pursuant to subsection (3) of this section in relation to that appointment.

For the purposes of the Government Superannuation Fund Act 1956, service as the Clerk of the House of Representatives or as an officer of the House of Representatives appointed under section 26 of this Act shall be deemed to be Government service.

Where any person who is appointed to the office of Clerk of the House of Representatives or as an officer specified in section 26(1) of this Act is, at the date of that person’s appointment, an officer of the State services, the period of that person’s service as Clerk of the House of Representatives or as an officer appointed under section 26 of this Act shall be deemed to be continuous service in that branch of the State services in which that person was employed at that date for the purposes of—

No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Services Act 1962 by reason of that person’s appointment as the Clerk of the House of Representatives or as an officer of the House of Representatives appointed under section 26 of this Act.

There shall from time to time be appointed under section 35 of this Act, as an employee of the Parliamentary Service, a General Manager of the Parliamentary Service.

In addition to any other functions or duties conferred or imposed by any other Act or by any other provision of this Act, the General Manager of the Parliamentary Service shall be responsible to the Parliamentary Service Commission for the efficient and economical administration of the Parliamentary Service.

There shall be paid to the General Manager of the Parliamentary Service a salary at such rate as the Higher Salaries Commission from time to time determines.

Nothing in Parts II to VIII of the State Services Conditions of Employment Act 1977 shall apply in respect of the position of General Manager of the Parliamentary Service.

The General Manager of the Parliamentary Service may from time to time, by writing signed by the General Manager of the Parliamentary Service, either generally or particularly, delegate to such person or persons employed in the Parliamentary Service as the General Manager of the Parliamentary Service thinks fit all or any of the powers exercisable by the General Manager of the Parliamentary Service under any enactment including any powers delegated to the General Manager of the Parliamentary Service under any enactment, but not including this present power of delegation:

Provided that the General Manager shall not delegate any power delegated to the General Manager of the Parliamentary Service by the Parliamentary Service Commission without the written consent of the Parliamentary Service Commission, or any power delegated to the General Manager of the Parliamentary Service under the State Services Act 1962 without the written consent of the State Services Commission.

Subject to any general or special directions given or conditions attached by the General Manager of the Parliamentary Service, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on the General Manager of the Parliamentary Service directly by this section and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the General Manager of the Parliamentary Service.

Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the General Manager of the Parliamentary Service by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that General Manager of the Parliamentary Service.

There shall from time to time be appointed under section 35 of this Act, as an employee of the Parliamentary Service, a Deputy General Manager of the Parliamentary Service.

Subject to the control of the General Manager of the Parliamentary Service, the Deputy General Manager of the Parliamentary Service shall perform such general official duties (including the exercise of functions, duties, and powers of the General Manager of the Parliamentary Service) as are for the time being assigned to the Deputy General Manager of the Parliamentary Service by the General Manager of the Parliamentary Service.

On the occurrence from any cause of a vacancy in the office of General Manager of the Parliamentary Service (whether by reason of death, resignation, or otherwise) and in the case of absence from duty of the General Manager of the Parliamentary Service (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy General Manager of the Parliamentary Service shall have and may exercise all the functions, duties, and powers of the General Manager of the Parliamentary Service.

The fact that the Deputy General Manager of the Parliamentary Service exercises any function, duty, or power of the General Manager of the Parliamentary Service shall be conclusive evidence of the authority of the Deputy General Manager of the Parliamentary Service to do so.

Where—

the functions, duties, and powers of the General Manager of the Parliamentary Service may be exercised and performed by any other person, being an employee of the Parliamentary Service or of the Public Service, for the time being directed by the Chairman of the Parliamentary Service Commission to exercise and perform them, whether the direction has been given before any absence or vacancy occurs or while it continues.

No such direction and no acts done by any employee of the Parliamentary Service or of the Public Service acting pursuant to any such direction shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the employee of the Parliamentary Service or of the Public Service had not been appointed to any position to which the direction relates.

Nothing in section 33 of the State Services Act 1962 shall apply in respect of a vacancy in the office of General Manager of the Parliamentary Service or a vacancy in the office of Deputy General Manager of the Parliamentary Service or in the case of the absence from duty of either or both of the holders of those offices.

The principal officers of the Parliamentary Service are—

Each principal officer of the Parliamentary Service shall be appointed by the Governor-General on the recommendation of a committee consisting of—

Where any member of the panel of 12 permanent heads referred to in section 29(1)(c) of the State Services Act 1962—

that member of that panel shall not be eligible for appointment in accordance with subsection (2)(e) of this section.

The committee constituted under subsection (2) of this section may examine applicants and seek advice from such sources as it considers relevant and necessary.

At any meeting of the committee constituted under subsection (2) of this section,—

The committee constituted under subsection (2) of this section shall—

No person shall be appointed as a principal officer of the Parliamentary Service unless the vacancy has been notified in the Public Service Official Circular.

Notwithstanding anything in section 64(1) of the State Services Act 1962, no appeal by any officer of the Public Service or of the Parliamentary Service shall lie against the promotion or appointment of any officer of the Public Service or of the Parliamentary Service to or in any office specified in section 35(1) of this Act.

In addition to the officers specified in section 35(1) of this Act, there may from time to time be appointed under the State Services Act 1962 such other employees of the Parliamentary Service as are necessary for the efficient and economical carrying on of its functions.

Any officer of the Public Service may be appointed to any vacancy in the Parliamentary Service as if that officer were an officer of the Parliamentary Service.

Subject to this Act, the provisions of Parts III to V of the State Services Act 1962 shall apply in respect of appointments to and employment within the Parliamentary Service as if—

Nothing in sections 22 to 25 or in section 29 of the State Services Act 1962 applies in respect of the Parliamentary Service or persons employed in the Parliamentary Service.

The State Services Commission shall not exercise, in respect of the Parliamentary Service or any officer of the Parliamentary Service, any of the powers conferred on the State Services Commission by section 36 of the State Services Act 1962 without first consulting with the Parliamentary Service Commission.

Subject to section 37 of this Act, every officer of the Parliamentary Service shall have in respect of the promotion of any officer in the Parliamentary Service and in respect of the appointment of any person to any position in the Parliamentary Service the same right of appeal under section 64(1) of the State Services Act 1962 as that officer would have if—

Subject to section 37 of this Act, every officer of the Public Service shall have in respect of the promotion of any officer in the Parliamentary Service and in respect of the appointment of any person to any position in the Parliamentary Service the same right of appeal under section 64(1) of the State Services Act 1962 as that officer would have if the promotion were of an officer in the Public Service or the appointment were to a position in the Public Service.

Nothing in subsection (1) or subsection (2) of this section limits any right conferred, by any other provision of this Act or by any provision of the State Services Act 1962, on an officer of the Parliamentary Service to appeal under section 64 of the State Services Act 1962.

In matters relating to decisions on individual officers or employees (whether matters relating to the appointment, promotion, demotion, transfer, disciplining, or the cessation of the employment, of any officer or employee of the Parliamentary Service, or other matters) the State Services Commission shall not be responsible to the Minister of State Services or to the Parliamentary Service Commission but shall act independently.

Notwithstanding anything in subsection (1) of this section, where any member of the House of Representatives wishes to make representations on any matter which affects any officer or employee of the Parliamentary Service and which could involve a decision of the kind referred to in subsection (1) of this section, that member may make those representations through the Speaker of the House of Representatives, who may convey those representations to the General Manager of the Parliamentary Service or to the State Services Commission and may consult with the General Manager of the Parliamentary Service or with the State Services Commission about the subject-matter of those representations.

Nothing in this section limits the provisions of section 39(3) of this Act.

Employees of the Parliamentary Service shall be paid such remuneration and allowances and shall be employed on such terms and conditions of service as may from time to time be prescribed pursuant to section 39(1) or section 46 of this Act.

Notwithstanding anything in any other enactment, instruments (as defined in the Wage Adjustment Regulations 1974) in force immediately before the 1st day of October 1985 covering remuneration and allowances and terms and conditions of service of persons employed in the Legislative Department shall, without further authority than this subsection, continue in force and have effect after the 1st day of October 1985, until superseded by instruments made after that date.

Notwithstanding subsections (1) and (2) of this section, nothing in this section or in section 39(1) or section 46 of this Act applies in respect of the salary of the General Manager of the Parliamentary Service.

The Parliamentary Service Commission may engage persons under individual contracts of service.

The power conferred by subsection (1) of this section shall be exercised by the Parliamentary Service Commission only in circumstances determined by it after consultation with the State Services Commission.

Persons engaged under subsection (1) of this section shall be engaged for such terms, and on such terms and conditions of service, as the Parliamentary Service Commission, after consultation with the State Services Commission, decides.

This section shall have effect notwithstanding anything in subsections (1) and (2) of section 42 of this Act.

For the purposes of the Government Superannuation Fund Act 1956 service as an employee of the Parliamentary Service shall be deemed to be Government service.

Any employee of any branch of the State services may be seconded to the Parliamentary Service on such terms and conditions as are agreed between the branch of the State services and the Parliamentary Service Commission.

The State Services Conditions of Employment Act 1977 shall, with any necessary modifications and subject to this section, apply to employees in the Parliamentary Service and to officers of the House of Representatives appointed pursuant to section 26 of this Act in the same manner as it applies to employees in the State services.

For the purposes of the application of the State Services Conditions of Employment Act 1977,—

Before the State Services Commission issues a determination under the State Services Conditions of Employment Act 1977 in respect of any employees or class or classes of employees employed in the Parliamentary Service or in respect of any officers appointed pursuant to section 26 of this Act, it shall, in addition to the obligations placed on it by that Act, consult with the Parliamentary Service Commission.

Except as otherwise provided under this Act, this section shall not apply to persons engaged under section 43 of this Act or in respect of the salary of the General Manager of the Parliamentary Service.

Nothing in the Industrial Relations Act 1973 shall apply to the Parliamentary Service or to employees in the Parliamentary Service or to the Clerk of the House of Representatives or to officers of the House of Representatives appointed pursuant to section 26 of this Act.

Regulations made under the State Services Act 1962 shall not apply in respect of the Parliamentary Service or employees in the Parliamentary Service or the Clerk of the House of Representatives or officers of the House of Representatives appointed pursuant to section 26 of this Act.

The General Assembly Library shall form part of the Parliamentary Service.

The general function of the General Assembly Library shall be to provide to—

such library, information, research, and reference services as are required by the Parliamentary Service Commission.

The General Assembly Library shall have such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment.

The chief officer of the General Assembly Library shall be an officer of the Parliamentary Service to be called the Chief Librarian of the General Assembly Library.

The holder of the position of Chief Librarian of the General Assembly Library shall be responsible to the General Manager of the Parliamentary Service.

An official report (to be known as Hansard) shall be made of such portions of the proceedings of the House of Representatives and its Committees as may be determined by the House of Representatives.

The report shall be made in such form and subject to such rules as may be from time to time approved by the House of Representatives itself or by the Speaker of the House of Representatives.

There shall be an officer of the Parliamentary Service to be called the Editor of Debates who shall, under the direction of the Speaker on all matters other than those referred to in subsection (2) of this section, be responsible for the reporting of the proceedings of the House of Representatives.

Subject to any rule, direction, or practice of the House of Representatives or the Speaker which requires the Editor of Debates to bring any matter to the attention of the Speaker, the Editor of Debates shall be responsible to the General Manager of the Parliamentary Service in respect of all administrative matters.

All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose.

The Audit Office shall be the auditor of all money and stores of the Parliamentary Service Commission and of all books and accounts and transactions relating thereto.

The Public Finance Act 1977 shall apply in respect of the Parliamentary Service Commission as if it were a Government agency within the meaning of that Act.

The State Services Commission shall be responsible for reviewing the efficiency and economy of the Parliamentary Service, including the discharge by the General Manager of the Parliamentary Service of the responsibilities placed on the General Manager of the Parliamentary Service by this Act or the Parliamentary Service Commission.

The State Services Commission shall, at the request of the Parliamentary Service Commission, associate itself with the General Manager of the Parliamentary Service in the investigation of the organisation, methods, or procedures of the Parliamentary Service.

The State Services Commission shall, when requested by the Parliamentary Service Commission or the General Manager of the Parliamentary Service,—

Nothing in subsection (2) or subsection (3) of this section limits the provisions of subsection (1) of this section.

Section 11 of the State Services Act 1962 shall not apply in respect of the Parliamentary Service.

The Parliamentary Service Commission may from time to time, after consultation with the State Services Commission, make rules for all or any of the following purposes:

The Parliamentary Service Commission may at any time in like manner revoke or vary any rules made under subsection (1) of this section.

All rules made under this section shall be printed and published in accordance with the Regulations Act 1936.

The Legislative Department is hereby abolished.

Unless the context otherwise requires, every reference in any enactment (other than the National Library Act 1965 or an enactment specified in sections 64 to 71 of this Act) or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever in force at the commencement of the 1st day of October 1985 to the Legislative Department shall, on and after the 1st day of October 1985, be read as a reference to the Parliamentary Service.

The administrative and support services provided pursuant to section 4(1) of this Act by the Parliamentary Service shall include, unless the Parliamentary Service Commission otherwise determines, those being provided to the House of Representatives and to members of the House of Representatives by the Legislative Department immediately before the commencement of this Act.

Notwithstanding anything in subsection (3) of this section, the services being provided to the House of Representatives immediately before the commencement of this Act by the Clerk of the House of Representatives, the Deputy Clerk of the House of Representatives, any other Clerk who assists the Clerk of the House of Representatives (particularly in relation to the duties required to be performed at the Table of the House of Representatives), or the Serjeant-at-Arms shall not be included in the administrative and support services provided pursuant to section 4(1) of this Act.

The person holding office immediately before the 1st day of October 1985 as the Clerk of the House of Representatives shall be deemed to have been appointed to that office under section 19 of this Act and the salary and allowances of that person shall, until amended or superseded, continue to be payable at the rates applicable immediately before that date.

Every person holding office immediately before the 1st day of October 1985 as—

shall be deemed to have been appointed to that office under section 26 of this Act and the salary and allowances of that person shall, until amended or superseded, continue to be payable at the rates applicable immediately before that date.

Subject to this Act, every person (other than a person to whom subsection (1) or subsection (2) of this section applies) who immediately before the 1st day of October 1985 was employed in the Legislative Department shall become, on the 1st day of October 1985, without further appointment than this section, a person employed in the Parliamentary Service on and subject to the same terms and conditions of employment (including those applicable to salaries and allowances) as applied to that person immediately before the 1st day of October 1985.

Any person to whom section 59(3) of this Act applies shall become, on the 1st day of October 1985, an officer of the Parliamentary Service unless, immediately before that date, that person—

Subject to subsection (1) of this section, any person to whom section 59(3) of this Act applies (not being a person who, immediately before the 1st day of October 1985, was a person employed in the Legislative Department under an individual contract of service for a fixed term) shall become, on the 1st day of October 1985, an employee of the Parliamentary Service.

Any person who, by virtue of section 60(2) of this Act, becomes an employee of the Parliamentary Service may, so long as that person continues to be an employee of the Parliamentary Service, be appointed to any vacancy in the Public Service as if—

Where any person, being a person to whom section 59(3) of this Act applies, is a person who, immediately before the 1st day of October 1985, was employed in the Legislative Department under an individual contract of service for a fixed term, that person—

Section 27(1) of the State Services Act 1962 shall not apply in respect of the appointment to the Public Service of any person to whom subsection (1)(b) of this section applies.

Where any person to whom subsection (1)(b) of this section applies is appointed to any office or position specified in the Third Schedule to the State Services Act 1962, section 64(2) of that Act shall apply as if that person were an officer immediately before that appointment.

For the purpose of determining the rights of appeal of a person to whom subsection (1)(b) of this section applies, section 64 of the State Services Act 1962 shall apply as if the Parliamentary Service were part of the Public Service and as if every person to whom subsection (1)(b) of this section applies were an officer of the Public Service.

Subject to this Act, every person who immediately before the 1st day of October 1985 was an officer or employee of the Public Service employed in the General Assembly Library shall on that date become, without further appointment than this section, an officer or employee of the Parliamentary Service on and subject to the same terms and conditions of employment (including those applicable to salaries and allowances) as applied to that officer or employee immediately before that date.

Section 6 of the Statutes Drafting and Compilation Act 1920 (as amended by section 2(2)(a) of the Statutes Drafting and Compilation Amendment Act 1973) is hereby amended by repealing subsection (4), and substituting the following subsection:

Section 27 of the Government Superannuation Fund Act 1956 is hereby amended by repealing paragraph (d), and substituting the following paragraph:

Section 2 of the State Services Act 1962 is hereby amended by omitting from the definition of the term “Public Service” the words “Legislative Department”, and substituting the words “Parliamentary Service”.

Section 24 of the State Services Act 1962 is hereby amended by omitting the words “Legislative Department”, and substituting the words “Parliamentary Service”.

Section 31 of the State Services Act 1962 is hereby amended by inserting, after subsection (1), the following subsection:

Section 31(2) of the State Services Act 1962 is hereby amended by repealing paragraph (b), and substituting the following paragraph:

Section 31(3) of the State Services Act 1962 is hereby amended by repealing paragraph (c), and substituting the following paragraph:

Section 31 of the State Services Act 1962 is hereby amended by inserting in subsection (4), and also in subsection (6), after the expression “subsection (1)”, the expression “or subsection (1a)”.

Section 64 of the State Services Act 1962 is hereby amended by adding the following subsection:

The First Schedule to the State Services Act 1962 is hereby amended by omitting the words “Legislative Department”.

The Ombudsmen Act 1975 is hereby amended by inserting, after section 31, the following section:

The Ombudsmen Act 1975 is hereby amended by omitting from Part I of the First Schedule the item relating to the Legislative Department.

The Ombudsmen Act 1975 is hereby further amended by inserting in Part II of the First Schedule, after the item relating to the Pacific Islands Polynesian Education Foundation Board, the following item:

The Wanganui Computer Centre Act 1976 is hereby amended by inserting, after section 31, the following section:

The Higher Salaries Commission Act 1977 is hereby amended by inserting in the Fourth Schedule (as substituted by section 3 of the Higher Salaries Commission Amendment Act 1980), after the item relating to the members and associate members of the Commerce Commission, the following items:

Section 2(1) of the State Services Conditions of Employment Act 1977 is hereby amended by omitting from paragraph (g) of the definition of the term “employing authority” the words “the Legislative Department and”.

Section 2(1) of the Official Information Act 1982 is hereby amended by omitting from the definition of the term “Department” the words “the Legislative Department and”.

Section 2(1) of the Official Information Act 1982 is hereby amended by repealing paragraph (d) of the definition of the term “official information”.

Section 2(1) of the Official Information Act 1982 is hereby amended by inserting in paragraph (a) of the definition of the term “organisation”, after the words “Ombudsmen Act 1975”, the words “(other than the Parliamentary Service Commission)”.