Parliamentary and Public Administration Legislation Amendment Act 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Parliamentary and Public Administration
Legislation Amendment Act 2013
No. 37 of 2013
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2—PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 3
3 Amendment of section 3—definition of basic salary 3
4 Repeal of spent provisions 4
5 Sections 6 and 7 substituted—Salaries and allowances 4
6 Salaries and allowances 4
7 Calculation of salaries and allowances under section 6 9
6 New section 7E inserted—Resettlement allowance 11
7E Resettlement allowance 11
7 Amendment of section 8—Regulations 14
8 New sections 8A and 8B inserted 15
8A Regulations—Motor vehicles 15
8B Minister may make guidelines 16
9 Amendment of section 9—Application of Consolidated Fund 17
10 Amendment of section 31—The State's obligations to make
contributions 17
PART 3—PARLIAMENTARY ADMINISTRATION ACT 2005 18
11 Amendment of section 4(1)—Definitions 18
12 Amendment of section 30—Employment of electorate officers 18
13 New section 30A inserted—Continuity of certain entitlements
of former electorate officer 19
30A Continuity of certain entitlements of former electorate
officer 19
14 Amendment of section 31—Termination of employment 19
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PART 4—PUBLIC ADMINISTRATION ACT 2004 21
15 New section 31B inserted—Continuity of certain entitlements
of former public sector employee 21
31B Continuity of certain entitlements of former public
sector employee 21
16 New section 98A inserted—Continuity of certain entitlements
of former Ministerial officer 21
98A Continuity of certain entitlements of former
Ministerial officer 21
17 New section 99A inserted—Continuity of certain entitlements
of former Parliamentary adviser 22
99A Continuity of certain entitlements of former
Parliamentary adviser 22
PART 5—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 24
18 Amendment of the Constitution Act 1975 24
19 Amendment of the Parliamentary Committees Act 2003 24
PART 6—REPEAL OF AMENDING ACT 25
20 Repeal of amending Act 25
═══════════════
ENDNOTES 26
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Parliamentary and Public
Administration Legislation Amendment
Act 2013 †
No. 37 of 2013
[Assented to 18 June 2013]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to—
(a) amend the Parliamentary Salaries and
Superannuation Act 1968 to—
(i) set the basic salary for Members of
Parliament from 1 July 2013 and
Victoria
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Part 1—Preliminary
Parliamentary and Public Administration Legislation Amendment Act 2013
No. 37 of 2013
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provide a formula for the automatic
annual adjustment of that amount;
(ii) provide for other allowances payable to
Members of Parliament;
(iii) make related amendments;
(b) amend the Parliamentary Administration
Act 2005 and the Public Administration
Act 2004 in respect of the duties and
entitlements of certain categories of
employees;
(c) consequentially amend the Constitution Act
1975 and the Parliamentary Committees
Act 2003.
2 Commencement
This Act comes into operation on 1 July 2013.
__________________
s. 2
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PART 2—PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968
3 Amendment of section 3—definition of basic salary
(1) In section 3 of the Parliamentary Salaries and
Superannuation Act 1968, for the definition of
basic salary substitute—
"basic salary means—
(a) in respect of the financial year
commencing 1 July 2013, the amount
of $140 973;
(b) in respect of the financial year
commencing 1 July 2014, an amount
(calculated to the nearest dollar) equal
to 102.5% of $140 973;
(c) in respect of the financial year
commencing 1 July 2015 and each
subsequent financial year, an amount
(calculated to the nearest dollar)
determined in accordance with the
formula—
C
B
A ×
where—
A is the amount determined under
paragraph (b) or, if that amount
has been varied in accordance
with this paragraph, that amount
as last so varied;
B is the full-time adult average
weekly ordinary time earnings of
employees in Victoria for the
November reference period in the
preceding financial year as last
published by the Australian
s. 3
See:
Act No.
7723.
Reprint No. 10
as at
10 September
2009
and
amending
Act Nos
41/2007,
4/2009,
13/2010,
40/2010,
37/2011,
46/2011 and
34/2012.
LawToday:
www.
legislation.
vic.gov.au
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Bureau of Statistics for that
reference period;
C is the full-time adult average
weekly ordinary time earnings of
employees in Victoria for the
November reference period of the
financial year preceding the
financial year referred to in B as
last published by the Australian
Bureau of Statistics for that
reference period;".
(2) In section 3 of the Parliamentary Salaries and
Superannuation Act 1968 insert the following
definitions—
"general election has the same meaning as it has
in section 3 of the Electoral Act 2002;
Presiding Officer means the President or the
Speaker;".
4 Repeal of spent provisions
Sections 3A and 3B of the Parliamentary
Salaries and Superannuation Act 1968 are
repealed.
5 Sections 6 and 7 substituted—Salaries and
allowances
For sections 6 and 7 of the Parliamentary
Salaries and Superannuation Act 1968
substitute—
"6 Salaries and allowances
(1) A member is entitled to be paid—
(a) a salary at the rate per annum of the
basic salary;
(b) if the member does not hold an office
specified in the first column of the
Table in respect of which an expense
s. 4
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allowance is specified in the third
column of the Table, an expense
allowance at the rate of 8% per annum
of the basic salary;
(c) subject to subsection (2), if the member
holds an office specified in the first
column of the Table—
(i) an additional salary, if any, at the
rate per annum of the basic salary
specified in the second column of
the Table;
(ii) in respect of which an expense
allowance is specified in the third
column of the Table, an expense
allowance at the rate per annum of
the basic salary specified in the
third column of the Table instead
of the expense allowance specified
in paragraph (b);
(d) any other allowance specified in this
Act to which the member is entitled;
(e) any other allowances at the rates
prescribed by and in accordance with
the regulations to which the member is
entitled in accordance with the
regulations.
(2) A member who concurrently holds more
than one office specified in the first column
of the Table is only entitled to receive—
(a) the highest additional salary amount
specified in the second column of the
Table in respect of the offices held by
the member; and
s. 5
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(b) the highest expense allowance specified
in the third column of the Table in
respect of the offices held by the
member.
(3) For the purposes of this section, the Leader
of the Opposition must notify the Clerk of
the Parliaments in writing of the name of any
member who holds office as a Shadow
Minister within 7 days of the member
holding or ceasing to hold that office.
(4) The Leader of the Opposition may under
subsection (3) notify a number of members
who hold office as Shadow Ministers being a
number that is not greater than the number of
members who currently hold office as
Ministers.
TABLE
Office
Additional
Salary
Expense
Allowance
% per
annum of
basic salary
% per
annum of
basic salary
Premier 100 42
Deputy Premier 85 21
Any other responsible Minister
of the Crown
75 18
Leader of the Opposition 75 18
President 65 12
Speaker 65 12
Deputy President 20 10
Deputy Speaker 20 10
Deputy Leader of the Opposition
in the Assembly
32 10
Leader of the Opposition in the
Council
32 10
s. 5
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Office
Additional
Salary
Expense
Allowance
% per
annum of
basic salary
% per
annum of
basic salary
Leader of the Third Party in the
Assembly (unless he or she is
also Leader or Deputy Leader of
the Opposition or a Minister of
the Crown)
32 10
Cabinet Secretary 32 10
Shadow Ministers 15
Chairperson of the Public
Accounts and Estimates
Committee
20
Government Whip in the
Assembly
18
Deputy Leader of the Opposition
in the Council
18
Leader of Third Party in the
Council (unless he or she is also
Leader or Deputy Leader of the
Opposition or a Minister of the
Crown)
18
Parliamentary Secretaries 15 10
Chairperson of the Scrutiny of
Acts and Regulations
Committee
15
Chairperson of the
Accountability and Oversight
Committee
15
Chairperson of the IBAC
Committee
15
Deputy Leader of the Third
Party in the Assembly (unless he
or she is also Leader or Deputy
Leader of the Opposition or a
Minister of the Crown)
14
s. 5
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Office
Additional
Salary
Expense
Allowance
% per
annum of
basic salary
% per
annum of
basic salary
Government Whip in the
Council
11
Opposition Whip in the
Assembly
11
Opposition Whip in the Council 11
Whip of the Third Party in the
Assembly
11
Chairperson of a Joint
Investigatory Committee within
the meaning of the
Parliamentary Committees
Act 2003 which is not otherwise
provided for in this Table
10
Chairperson of joint select
committee where resolution
establishing committee so
provides that chairperson is
entitled
5
Deputy chairperson of the Public
Accounts and Estimates
Committee
4
Deputy chairperson of the
Scrutiny of Acts and
Regulations Committee
4
Deputy chairperson of the
Accountability and Oversight
Committee
4
Deputy chairperson of the IBAC
Committee
4
Whip of the Third Party in the
Council
4
s. 5
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Office
Additional
Salary
Expense
Allowance
% per
annum of
basic salary
% per
annum of
basic salary
Secretary of the Party forming
the Government
4
Secretary of the Opposition
Party
4
Secretary of the Third Party 4
7 Calculation of salaries and allowances
under section 6
(1) Any payment to which any person is entitled
under section 6 by reason only of being a
member of the Council or the Assembly is to
be calculated—
(a) from and including the day appointed
for taking the poll at the election at
which the person was elected; or
(b) in the case of a person elected at a
by-election without the taking of a poll,
from and including the day of the
declaration of the election; or
(c) in the case of a person who becomes a
member of the Council as a result of
being chosen under section 27A of the
Constitution Act 1975 to fill a casual
vacancy in the Council, from and
including the day that the person is
chosen to fill the casual vacancy.
(2) Subject to subsections (4) and (5), in the case
of any member who immediately before
retirement from the Council or the Assembly
by effluxion of time was a member of the
Council or the Assembly, any payment
s. 5
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referred to in section 6 is to be calculated up
to but excluding the day appointed for taking
the poll at the next following general
election.
(3) Subject to subsections (4) and (5), in any
case other than that specified in subsection
(2) any payment referred to in section 6 is to
be calculated up to the day when the member
ceases to be a member.
(4) Subject to subsection (6), any payment to a
person holding an office under the Crown or
in the Parliament is to be calculated from and
including the day upon which the person was
appointed to the office up to and including
the day upon which the person ceases to hold
the office.
(5) For the purpose of calculating the
entitlement under section 6 of a person who,
immediately before a dissolution of the
Assembly, holds the office of—
(a) Leader of the Opposition;
(b) Deputy Leader of the Opposition in the
Assembly;
(c) Leader of the Opposition in the
Council;
(d) Leader of the Third Party in the
Assembly;
(e) Cabinet Secretary;
(f) Shadow Minister;
(g) Deputy Leader of the Opposition in the
Council;
s. 5
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(h) Leader of the Third Party in the
Council;
(i) Parliamentary Secretary—
is to be taken to continue to hold that office
up to but excluding the day appointed for
taking the poll at the next following general
election.
(6) For the purpose of calculating the
entitlement under subsection (2), a person
who is a responsible Minister of the Crown
or the President or the Speaker is to be taken
to continue to hold office and to be a
member so long as the person is or is deemed
to be a responsible Minister or the Presiding
Officer of the Council or the Assembly.
(7) The amount of any additional salary or
allowance is to be calculated to the nearest
dollar.".
6 New section 7E inserted—Resettlement allowance
After section 7D of the Parliamentary Salaries
and Superannuation Act 1968 insert—
"7E Resettlement allowance
(1) This section applies to a person who—
(a) is not a member to whom Division 3
or 4 of Part 3 applies; and
(b) ceases to be a member of either House
of the Parliament after a general
election held after the commencement
of the Parliamentary and Public
Administration Legislation
Amendment Act 2013 because he or
she—
s. 6
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(i) did not seek re-election as a result
of not being endorsed by a
registered political party for any
reason other than corrupt conduct;
or
(ii) is defeated at the general election
or declared not elected as a result
of a declaration of the Court of
Disputed Returns under the
Electoral Act 2002.
(2) Subject to this section, a person to whom this
section applies is entitled to a resettlement
allowance calculated in accordance with
subsection (3).
(3) The resettlement allowance is—
(a) if the person served as a member in the
Parliament immediately prior to the
general election, an amount equivalent
to 3 months of the annual basic salary
payable to the member immediately
before the day of the general election;
or
(b) if the person served as a member for a
period of more than one consecutive
Parliaments immediately prior to the
general election, an amount equivalent
to 6 months of the annual basic salary
payable to the member immediately
before the day of the general election.
(4) For the purposes of subsection (3), a person
who becomes a member as a result of
being—
(a) elected at a by-election to fill a vacancy
in the Assembly; or
s. 6
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(b) chosen under section 27A of the
Constitution Act 1975 to fill a casual
vacancy in the Council—
is to be taken to have been elected for the
duration of the Parliament during which the
vacancy occurred.
(5) A person must repay a resettlement
allowance received under this section if,
during the Parliament immediately after the
general election at which he or she ceased to
be a member, he or she—
(a) is declared elected as a result of a
declaration of the Court of Disputed
Returns under the Electoral Act 2002;
or
(b) is re-elected as a member of either
House of the Parliament; or
(c) becomes a member as a result of being
chosen under section 27A of the
Constitution Act 1975 to fill a casual
vacancy in the Council.
(6) In this section—
corrupt conduct has the meaning given in
section 4 of the Independent Broad-
based Anti-corruption Commission
Act 2011;
general election includes—
(a) a supplementary election held as a
result of a failed election at a
general election; or
(b) a re-election held as a result of a
tied election at a general election;
s. 6
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registered political party has the meaning
given in section 3 of the Electoral Act
2002.".
7 Amendment of section 8—Regulations
(1) Insert the following heading to section 8 of the
Parliamentary Salaries and Superannuation
Act 1968—
"Regulations—General".
(2) For section 8(1) of the Parliamentary Salaries
and Superannuation Act 1968 substitute—
"(1) The Governor in Council may make
regulations for or with respect to—
(a) allowances payable under this Part
(other than section 8A);
(b) the calculation of those allowances;
(c) the provision of any article, equipment
or service to members;
(d) the terms and conditions which are to
apply to the provision and use of the
article, equipment or service;
(e) the alteration of the amount of, or the
entitlement to, any allowances that
would otherwise be payable to a
member who is provided with the
article, equipment or service;
(f) the calculation and imposition of any
contribution which the member is
required to make from the salary of the
member towards the cost of providing
the article, equipment or service;
(g) any other matter or thing which is
required or permitted to be prescribed
by this Part (other than section 8A
or 8B) or necessary to be prescribed to
s. 7
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give effect to this Part (other than
section 8A or 8B).
(1AA) The regulations may—
(a) leave any matter or thing to be from
time to time determined, applied,
dispensed with or regulated by a
specified person or specified class of
person;
(b) confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons.".
(3) Sections 8(3) and (4) of the Parliamentary
Salaries and Superannuation Act 1968 are
repealed.
8 New sections 8A and 8B inserted
After section 8 of the Parliamentary Salaries
and Superannuation Act 1968 insert—
"8A Regulations—Motor vehicles
(1) The Governor in Council may make
regulations for or with respect to—
(a) the provision of motor vehicles to
members;
(b) the terms and conditions which are to
apply to the provision and use of that
motor vehicle;
(c) the alteration of the amount of, or the
entitlement to, any allowances that
would otherwise be payable to a
member who is provided with that
motor vehicle;
s. 8
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(d) the calculation and imposition of any
contribution which the member is
required to make from the salary of the
member towards the cost of providing
that motor vehicle.
(2) The regulations may—
(a) leave any matter or thing to be from
time to time determined, applied,
dispensed with or regulated by a
specified person or specified class of
person;
(b) confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons;
(c) apply, adopt or incorporate (with or
without modification) the provisions of
any document, code, standard, rule,
specification or method whether as
formulated, issued, prescribed or
published at the time the regulations are
made.
(3) For the purposes of this section and any
regulations made under this section, motor
vehicle includes any related equipment or
services.
8B Minister may make guidelines
(1) The Minister may, in relation to regulations
made under section 8A, make guidelines
containing policies and procedures for or
with respect to the provision of motor
vehicles to members.
(2) A member must comply with any guidelines
made under this section.".
s. 8
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9 Amendment of section 9—Application of
Consolidated Fund
Section 9(3) of the Parliamentary Salaries and
Superannuation Act 1968 is repealed.
10 Amendment of section 31—The State's obligations
to make contributions
(1) In section 31(4) of the Parliamentary Salaries
and Superannuation Act 1968 after "those
contributions" insert "or to the extent that the
basic contributions fund cannot receive those
contributions without the person incurring a
liability to pay excess contributions tax on those
contributions".
(2) In section 31(7) of the Parliamentary Salaries
and Superannuation Act 1968 after "that Act"
insert "plus an additional 6%".
__________________
s. 9
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PART 3—PARLIAMENTARY ADMINISTRATION ACT 2005
11 Amendment of section 4(1)—Definitions
In section 4(1) of the Parliamentary
Administration Act 2005 insert the following
definition—
"presiding officer means—
(a) in relation to the Legislative Council—
the President; and
(b) in relation to the Legislative
Assembly—the Speaker;".
12 Amendment of section 30—Employment of
electorate officers
(1) In section 30(1) of the Parliamentary
Administration Act 2005 for "President and the
Speaker" substitute "presiding officers".
(2) In section 30(2) of the Parliamentary
Administration Act 2005 for "President and the
Speaker" substitute "presiding officers, acting
jointly".
(3) After section 30(3) of the Parliamentary
Administration Act 2005 insert—
"(4) Despite subsection (2), the duties and
responsibilities of a person employed as an
electorate officer are to be determined by the
member who nominated that person.".
s. 11
See:
Act No.
20/2005
and
amending
Act Nos
80/2006,
24/2009,
74/2009,
16/2010 and
20/2012.
LawToday:
www.
legislation.
vic.gov.au
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13 New section 30A inserted—Continuity of certain
entitlements of former electorate officer
After section 30 of the Parliamentary
Administration Act 2005 insert—
"30A Continuity of certain entitlements of
former electorate officer
If within the period of 12 months after
ceasing to be employed as an electorate
officer, a person becomes employed—
(a) as a public sector employee within the
meaning of section 4 of the Public
Administration Act 2004; or
(b) as a Ministerial officer under section 98
of the Public Administration Act
2004; or
(c) as a Parliamentary adviser under
section 99 of the Public
Administration Act 2004—
the period of service as an electorate officer
is to be recognised in determining any
entitlements accruing as a result of becoming
so employed in respect of which continuity
of service is relevant unless the entitlement
was paid out upon ceasing to be employed as
an electorate officer.".
14 Amendment of section 31—Termination of
employment
In section 31(2) of the Parliamentary
Administration Act 2005—
(a) for "President and the Speaker" substitute
"presiding officers";
s. 13
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(b) for "President and Speaker" substitute
"presiding officers".
__________________
s. 14
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PART 4—PUBLIC ADMINISTRATION ACT 2004
15 New section 31B inserted—Continuity of certain
entitlements of former public sector employee
After section 31A of the Public Administration
Act 2004 insert—
"31B Continuity of certain entitlements of
former public sector employee
If within the period of 12 months after
ceasing to be employed as a public sector
employee, a person becomes employed—
(a) as an electorate officer under section 30
of the Parliamentary Administration
Act 2005; or
(b) as a Ministerial officer under
section 98; or
(c) as a Parliamentary adviser under
section 99—
the period of service as a public sector
employee is to be recognised in determining
any entitlements accruing as a result of
becoming so employed in respect of which
continuity of service is relevant unless the
entitlement was paid out upon ceasing to be
employed as a public sector employee.".
16 New section 98A inserted—Continuity of certain
entitlements of former Ministerial officer
After section 98 of the Public Administration
Act 2004 insert—
"98A Continuity of certain entitlements of
former Ministerial officer
If within the period of 12 months after
ceasing to be employed as a Ministerial
officer, a person becomes employed—
s. 15
See:
Act No.
108/2004.
Reprint No. 3
as at
26 July 2012
and
amending
Act Nos
6/2012,
20/2012,
79/2012,
81/2012,
82/2012 and
5/2013.
LawToday:
www.
legislation.
vic.gov.au
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(a) as a public sector employee within the
meaning of section 4; or
(b) as an electorate officer under section 30
of the Parliamentary Administration
Act 2005; or
(c) as a Parliamentary adviser under
section 99—
the period of service as a Ministerial officer
is to be recognised in determining any
entitlements accruing as a result of becoming
so employed in respect of which continuity
of service is relevant unless the entitlement
was paid out upon ceasing to be employed as
a Ministerial officer.".
17 New section 99A inserted—Continuity of certain
entitlements of former Parliamentary adviser
After section 99 of the Public Administration
Act 2004 insert—
"99A Continuity of certain entitlements of
former Parliamentary adviser
If within the period of 12 months after
ceasing to be employed as a Parliamentary
adviser, a person becomes employed—
(a) as a public sector employee within the
meaning of section 4; or
(b) as a Ministerial officer under
section 98; or
(c) as an electorate officer under section 30
of the Parliamentary Administration
Act 2005—
the period of service as a Parliamentary
adviser is to be recognised in determining
any entitlements accruing as a result of
becoming so employed in respect of which
s. 17
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No. 37 of 2013
23
Authorised by the Chief Parliamentary Counsel
continuity of service is relevant unless the
entitlement was paid out upon ceasing to be
employed as a Parliamentary adviser.".
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s. 17
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Part 5—Consequential Amendments to Other Acts
Parliamentary and Public Administration Legislation Amendment Act 2013
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PART 5—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
18 Amendment of the Constitution Act 1975
(1) In section 5 of the Constitution Act 1975 insert
the following definition—
"deputy presiding officer means—
(a) in relation to the Legislative Council—
the Deputy President; and
(b) in relation to the Legislative
Assembly—the Deputy Speaker;".
(2) In section 24 of the Constitution Act 1975 for
"Chairman of Committees" (wherever occurring)
substitute "deputy presiding officer".
19 Amendment of the Parliamentary Committees
Act 2003
Sections 47 to 49 of the Parliamentary
Committees Act 2003 are repealed.
__________________
See:
Act No.
8750.
Reprint No. 20
as at
13 October
2011
and
amending
Act No.
5/2013.
LawToday:
www.
legislation.
vic.gov.au
s. 18
See:
Act No.
110/2003.
Reprint No. 1
as at
26 July 2006
and
amending
Act Nos
43/2006,
4/2007, 7/2011,
8/ 2011,
66/2011,
70/2011,
6/2012,
13/2012,
82/2012 and
85/2012.
LawToday:
www.
legislation.
vic.gov.au
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Part 6—Repeal of Amending Act
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PART 6—REPEAL OF AMENDING ACT
20 Repeal of amending Act
This Act is repealed on 1 July 2014.
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).
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 9 May 2013
Legislative Council: 30 May 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Parliamentary Salaries and Superannuation Act 1968, the Public
Administration Act 2004 and the Parliamentary Administration Act
2005, to consequentially amend the Constitution Act 1975 and the
Parliamentary Committees Act 2003 and for other purposes."
Endnotes
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