Integrity Legislation Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Integrity Legislation Amendment Act 2013 No. 28 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—AMENDMENT OF THE INDEPENDENT BROAD- BASED ANTI-CORRUPTION COMMISSION ACT 2011 3 3 New sections 24A to 24C inserted—Independent Broad- based Anti-corruption Commission Act 2011 3 24A Pension entitlements of Commissioner, partner and eligible children 3 24B Salary sacrifice 8 24C Appropriation of Consolidated Fund 9 PART 3—AMENDMENT OF THE VICTORIAN INSPECTORATE ACT 2011 10 4 New section 21A to 21C inserted—Victorian Inspectorate Act 2011 10 21A Pension entitlements of Inspector, partner and eligible children 10 21B Salary sacrifice 14 21C Appropriation of Consolidated Fund 15 PART 4—AMENDMENT OF OTHER ACTS 16 5 Constitution Act 1975—As to pensions of Judges of the Supreme Court and their partners and children 16 6 County Court Act 1958—Provision for pensions to County Court judges and their partners 16 7 State Superannuation Act 1988—Non-contributory schemes account 17 -- 1 of 21 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 5—REPEAL OF AMENDING ACT 18 8 Repeal of amending Act 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Integrity Legislation Amendment Act 2013 † No. 28 of 2013 [Assented to 15 May 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is— (a) to amend the Independent Broad-based Anti-corruption Commission Act 2011 to provide for pension entitlements for the IBAC Commissioner under that Act; and Victoria -- 3 of 21 -- Part 1—Preliminary Integrity Legislation Amendment Act 2013 No. 28 of 2013 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Victorian Inspectorate Act 2011 to provide for pension entitlements for the Inspector under that Act; and (c) to make consequential amendments to other Acts. 2 Commencement (1) This Act, except Part 4, comes into operation on the day on which it receives the Royal Assent. (2) Part 4 of this Act is taken to have come into operation on 1 January 2013. __________________ s. 2 -- 4 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF THE INDEPENDENT BROAD- BASED ANTI-CORRUPTION COMMISSION ACT 2011 3 New sections 24A to 24C inserted—Independent Broad-based Anti-corruption Commission Act 2011 After section 24 of the Independent Broad- based Anti-corruption Commission Act 2011 insert— '24A Pension entitlements of Commissioner, partner and eligible children (1) Subject to this section, the Commissioner, and the partner and children of the Commissioner, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as— (a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and (b) the partner and children of such a Judge under Part III of the Constitution Act 1975. (2) Upon retirement or resignation, the Commissioner is entitled to a pension under this section if the Commissioner has attained the age of 65 years and— (a) the Commissioner has served in the office of Commissioner for not less than 5 years; or s. 3 See: Act No. 66/2011. Reprint No. 1 as at 11 February 2013 and amending Act Nos 66/2011, 79/2012 and 5/2013. LawToday: www. legislation. vic.gov.au -- 5 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 4 Authorised by the Chief Parliamentary Counsel (b) having been appointed, the Commissioner is unable to serve as Commissioner for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office. (3) Upon the death of the Commissioner or any person who was formerly the Commissioner and entitled to a pension under this section, the partner of the Commissioner or former Commissioner is entitled to a pension payable fortnightly at the rate of three- eighths of the salary referred to in subsection (8)(e) until— (a) the partner's death; or (b) the partner becomes the domestic partner or spouse of another person. (4) If there are eligible children of a deceased Commissioner and no pension is otherwise payable under this section to or in respect of that Commissioner, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5). (5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Commissioner if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater). (6) Eligible child in relation to a Commissioner means a child, adopted child or stepchild of the Commissioner or his or her partner— s. 3 -- 6 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 5 Authorised by the Chief Parliamentary Counsel (a) who is under the age of 16 years; or (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and (ii) is receiving full-time education at a school, college or university. (7) Despite subsection (3), no pension is payable to the partner of any former Commissioner if that partner became the domestic partner or spouse of the former Commissioner after that Commissioner's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Commissioner immediately prior to that Commissioner's resignation or retirement. (8) For the purposes of this section— (a) section 83 of the Constitution Act 1975 is to be construed as if a reference to— (i) service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Commissioner for not less than 5 years; and (ii) "Judge" or "Judge of the Court" were a reference to the Commissioner; and (iii) "retirement" or "resignation" includes the expiry of a term of office as Commissioner; and s. 3 -- 7 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 6 Authorised by the Chief Parliamentary Counsel (b) sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and (c) sections 83AA to 83AI of that Act do not apply; and (d) section 5A of the Constitution Act 1975 (other than subsection (2A)) applies and is to be construed as if a reference to "Judge" or "Judge of the Court" in that section of that Act were a reference to the Commissioner; and (e) the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal). (9) If, on the expiration of his or her term of office as Commissioner, a person who served as Commissioner for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years— (a) on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Commissioner on attaining that age; and s. 3 -- 8 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 7 Authorised by the Chief Parliamentary Counsel (b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section. (10) A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the Constitution Act 1975 are liable to be suspended or determined. Example Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal practice: see section 83(4) of the Constitution Act 1975. (11) The Commissioner and his or her partner and children are not entitled to a pension under this section if— (a) the Commissioner has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and (b) that person, his or her partner or children are entitled to a pension under— (i) section 83 of the Constitution Act 1975; or (ii) section 104A of the Supreme Court Act 1986; or (iii) section 14 or 17B of the County Court Act 1958; or (iv) section 10A of the Magistrates' Court Act 1989. s. 3 -- 9 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 8 Authorised by the Chief Parliamentary Counsel (12) This section is taken to have effect on and from 1 January 2013. 24B Salary sacrifice (1) The Commissioner, by notice in writing to the Attorney-General, may enter into an arrangement under which the Commissioner agrees to receive the whole or part of his or her total amount of future salary as non- salary benefits of an equivalent value. (2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (3) The Commissioner may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney- General. (4) A notice of variation or revocation under subsection (3) must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (5) In this section non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004. (6) This section is taken to have effect on and from 1 January 2013. s. 3 -- 10 of 21 -- Part 2—Amendment of the Independent Broad-based Anti-corruption Commission Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 9 Authorised by the Chief Parliamentary Counsel 24C Appropriation of Consolidated Fund All pensions under section 24A and any payments in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.'. __________________ s. 3 -- 11 of 21 -- Part 3—Amendment of the Victorian Inspectorate Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 10 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF THE VICTORIAN INSPECTORATE ACT 2011 4 New section 21A to 21C inserted—Victorian Inspectorate Act 2011 After section 21 of the Victorian Inspectorate Act 2011 insert— '21A Pension entitlements of Inspector, partner and eligible children (1) Subject to this section, the Inspector, and the partner and children of the Inspector, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as— (a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and (b) the partner and children of such a Judge under Part III of the Constitution Act 1975. (2) Upon retirement or resignation, the Inspector is entitled to a pension under this section if the Inspector has attained the age of 65 years and— (a) the Inspector has served in the office of Inspector for not less than 5 years; or (b) having been appointed, the Inspector is unable to serve as Inspector for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office. s. 4 See: Act No. 70/2011. Reprint No. 1 as at 11 February 2013. LawToday: www. legislation. vic.gov.au -- 12 of 21 -- Part 3—Amendment of the Victorian Inspectorate Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 11 Authorised by the Chief Parliamentary Counsel (3) Upon the death of the Inspector or any person who was formerly the Inspector and entitled to a pension under this section, the partner of the Inspector or former Inspector is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until— (a) the partner's death; or (b) the partner becomes the domestic partner or spouse of another person. (4) If there are eligible children of a deceased Inspector and no pension is otherwise payable under this section to or in respect of that Inspector, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5). (5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Inspector if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater). (6) Eligible child in relation to an Inspector means a child, adopted child or stepchild of the Inspector or his or her partner— (a) who is under the age of 16 years; or (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and (ii) is receiving full-time education at a school, college or university. s. 4 -- 13 of 21 -- Part 3—Amendment of the Victorian Inspectorate Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 12 Authorised by the Chief Parliamentary Counsel (7) Despite subsection (3), no pension is payable to the partner of any former Inspector if that partner became the domestic partner or spouse of the former Inspector after that Inspector's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Inspector immediately prior to that Inspector's resignation or retirement. (8) For the purposes of this section— (a) section 83 of the Constitution Act 1975 is to be construed as if a reference to— (i) service in the office of a Judge of the Court for not less than 10 years is a reference to service in the office of Inspector for not less than 5 years; and (ii) "Judge" or "Judge of the Court" were a reference to the Inspector; and (iii) "retirement" or "resignation" includes the expiry of a term of office as Inspector; and (b) sections 83(1)(a)(ii), (a)(iii) and (aa), (1A), (1B), (6)(aa), (a), (ab), (ac), (b) and (ba), (6A) and (7) of that Act do not apply; and (c) sections 83AA to 83AI of that Act do not apply; and (d) section 5A of the Constitution Act 1975 (other than subsection (2A)) applies and is to be construed as if a reference to "Judge" or "Judge of the Court" in that section of that Act were a reference to the Inspector; and s. 4 -- 14 of 21 -- Part 3—Amendment of the Victorian Inspectorate Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 13 Authorised by the Chief Parliamentary Counsel (e) the annual salary on which a pension under this section is calculated is the annual salary for the time being applicable to the office of a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal). (9) If, on the expiration of his or her term of office as Inspector, a person who served as Inspector for not less than 5 years is not under subsection (1) entitled to a pension only because he or she has not attained the age of 65 years— (a) on that person attaining the age of 65 years he or she, and his or her partner and children, become entitled to pensions under that subsection in the circumstances, at the rates and on the terms and conditions set out in this section as if he or she had only retired from the office of Inspector on attaining that age; and (b) any such pension is liable to be suspended or determined in the circumstances and to the extent set out in this section. (10) A pension under this section is otherwise liable to be suspended or determined in the same circumstances and to the same extent as pensions under Part III of the Constitution Act 1975 are liable to be suspended or determined. Example Accepting a judicial appointment, holding any office or place of profit under the Crown in right of the Commonwealth or of a State or engaging in legal s. 4 -- 15 of 21 -- Part 3—Amendment of the Victorian Inspectorate Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 14 Authorised by the Chief Parliamentary Counsel practice: see section 83(4) of the Constitution Act 1975. (11) The Inspector and his or her partner and children are not entitled to a pension under this section if— (a) the Inspector has held office as a judge of the Supreme Court, an Associate Judge of the Supreme Court, a judge of the County Court, an associate judge of the County Court or the Chief Magistrate; and (b) that person, his or her partner or children are entitled to a pension under— (i) section 83 of the Constitution Act 1975; or (ii) section 104A of the Supreme Court Act 1986; or (iii) section 14 or 17B of the County Court Act 1958; or (iv) section 10A of the Magistrates' Court Act 1989. (12) This section is taken to have effect on and from 1 January 2013. 21B Salary sacrifice (1) The Inspector, by notice in writing to the Attorney-General, may enter into an arrangement under which the Inspector agrees to receive the whole or part of his or her total amount of future salary as non- salary benefits of an equivalent value. (2) A notice under subsection (1) must specify a date from which the arrangement is to take effect which must be— s. 4 -- 16 of 21 -- Part 3—Amendment of the Victorian Inspectorate Act 2011 Integrity Legislation Amendment Act 2013 No. 28 of 2013 15 Authorised by the Chief Parliamentary Counsel (a) the date on which the notice is given; or (b) a later date. (3) The Inspector may vary or revoke a notice he or she has given under subsection (1) by notice in writing to the Attorney-General. (4) A notice of variation or revocation under subsection (3) must specify a date from which the variation or revocation is to take effect which must be— (a) the date on which the notice is given; or (b) a later date. (5) In this section non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004. (6) This section is taken to have effect on and from 1 January 2013. 21C Appropriation of Consolidated Fund All pensions under section 21A and any payments in connection with those pensions are payable out of the Consolidated Fund which is to the necessary extent appropriated accordingly.'. __________________ s. 4 -- 17 of 21 -- Part 4—Amendment of other Acts Integrity Legislation Amendment Act 2013 No. 28 of 2013 16 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENT OF OTHER ACTS 5 Constitution Act 1975—As to pensions of Judges of the Supreme Court and their partners and children After section 83(6)(ac) of the Constitution Act 1975 insert— "(ad) if any Judge of the Court was immediately prior to his or her appointment the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 or the Inspector within the meaning of the Victorian Inspectorate Act 2011, his or her service as Commissioner or Inspector, as the case requires, shall count as service in the office of Judge of the Court;". 6 County Court Act 1958—Provision for pensions to County Court judges and their partners After section 14(5)(ad) of the County Court Act 1958 insert— "(ae) if any judge under this Act was immediately prior to his or her appointment the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 or the Inspector within the meaning of the Victorian Inspectorate Act 2011, his or her service as Commissioner or Inspector, as the case requires, shall count as service in the office of judge under this Act;". s. 5 -- 18 of 21 -- Part 4—Amendment of other Acts Integrity Legislation Amendment Act 2013 No. 28 of 2013 17 Authorised by the Chief Parliamentary Counsel 7 State Superannuation Act 1988—Non-contributory schemes account In section 16A(6) of the State Superannuation Act 1988, in the definition of relevant Act after "1989" insert ", Independent Broad-based Anti- corruption Commission Act 2011, Victorian Inspectorate Act 2011". __________________ s. 7 -- 19 of 21 -- Part 5—Repeal of amending Act Integrity Legislation Amendment Act 2013 No. 28 of 2013 18 Authorised by the Chief Parliamentary Counsel PART 5—REPEAL OF AMENDING ACT 8 Repeal of amending Act This Act is repealed on the first anniversary of the day on which it received the Royal Assent. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 8 -- 20 of 21 -- Integrity Legislation Amendment Act 2013 No. 28 of 2013 19 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 March 2013 Legislative Council: 18 April 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Independent Broad-based Anti-corruption Commission Act 2011 and the Victorian Inspectorate Act 2011 to provide for pension entitlements, to make consequential amendments to other Acts and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 18 April 2013 Legislative Council: 9 May 2013 Endnotes -- 21 of 21 --