Parliamentary Administration Act 2005

i Parliamentary Administration Act 2005 Act No. 20/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Objects 2 4. Definitions 3 PART 2—VALUES AND EMPLOYMENT PRINCIPLES 5 5. Parliamentary officer values 5 6. Parliamentary administration employment principles 7 PART 3—EMPLOYMENT OF PARLIAMENTARY OFFICERS 8 Division 1—Administrative Departments 8 7. Administrative Departments of the Parliament 8 8. Clerk of the Parliaments 8 Division 2—Department Heads 8 9. Clerk of the Legislative Council 8 10. Clerk of the Legislative Assembly 9 11. Secretary of the Department of Parliamentary Services 10 12. General responsibility of Department Heads 11 13. Duty to act independently in employment matters 11 14. Conduct of Department Head 11 15. Board of Inquiry 11 16. Decision of Governor in Council on charges 12 17. Incapacity of Department Head 13 Division 3—Parliamentary Officers 14 18. Employment and retirement 14 19. Review of actions 15 20. Recommendations following review 17 21. Employment of public servant not to affect his or her rights 18 22. Transfer of Parliamentary officer not to affect his or her rights 18 -- 1 of 48 -- Section Page ii 23. No officer to be dismissed except under Act 18 24. Fines to be stopped from salary 18 25. Application of Acts 18 Division 4—Financial Management 19 26. Recovery of overpayments 19 27. Liability in respect of loss or damage 20 Division 5—Restriction on Parliamentary Officers doing other Work 21 28. Restriction on Parliamentary officers doing other work 21 Division 6—Termination of Employment 22 29. Termination of employment 22 PART 4—EMPLOYMENT OF ELECTORATE OFFICERS 23 30. Employment of electorate officers 23 31. Termination of employment 23 PART 5—MISCELLANEOUS 25 32. Delegation 25 33. Regulations 26 34. Transitional regulations 29 35. Saving and transitional provisions 31 PART 6—AMENDMENT OF OTHER ACTS AND REPEAL OF FORMER ACT 32 Division 1—Amendment of Constitution Act 1975 32 36. Special appropriations for expenses of Legislative Council and Legislative Assembly 32 Division 2—Amendment of Long Service Leave Act 1992 32 37. Repeal of reference to Parliamentary Officers Act 1975 32 Division 3—Amendment of Parliamentary Committees Act 2003 and other Acts relating to Parliamentary Committees 32 38. New Joint Investigatory Committee established 32 39. New section 9A inserted in Parliamentary Committees Act 2003 33 9A. Electoral Matters Committee 33 40. Repeal of references to the Library Committee 33 41. House Committee 34 42. Supreme Court—limitation of jurisdiction 34 43. Amendment of Judicial College of Victoria Act 2001 34 -- 2 of 48 -- Section Page iii 44. Amendment of Victorian Law Reform Commission Act 2000 35 45. Amendment of Whistleblowers Protection Act 2001 35 46. New section 10A inserted in Information Privacy Act 2000 35 10A. Parliamentary Committees 35 Division 4—Amendment of Public Administration Act 2004 36 47. Definition of "standard entity" 36 48. Public entities 36 49. Exercise of functions in person's absence 36 50. Amendment of consequential amendments 37 Division 5—Amendment of Terrorism (Community Protection) Act 2003 38 51. Order in Council to be made on recommendation of relevant Minister 38 Division 6—Consequential Amendments 38 52. Amendments consequential on this Act 38 Division 7—Repeal of Former Act 39 53. Repeal of Parliamentary Officers Act 1975 39 __________________ SCHEDULES 40 SCHEDULE 1—Saving and Transitional Provisions 40 ═══════════════ ENDNOTES 43 INDEX 44 -- 3 of 48 -- 1 Parliamentary Administration Act 2005 † [Assented to 24 May 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are to— (a) provide a framework for good governance in the administration of the Parliament of Victoria; (b) repeal the Parliamentary Officers Act 1975; Victoria No. 20 of 2005 -- 4 of 48 -- Part 1—Preliminary Parliamentary Administration Act 2005 Act No. 20/2005 2 (c) amend the Constitution Act 1975, the Long Service Leave Act 1992, the Parliamentary Committees Act 2003 (in particular by establishing a new Joint Investigatory Committee on Electoral Matters), the Public Administration Act 2004, the Terrorism (Community Protection) Act 2003 and certain other Acts. 2. Commencement (1) Sections 1, 38, 39, 42 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 50 is deemed to have come into operation on 21 December 2004. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act (other than sections 1, 38, 39, 42, 50 and this section) does not come into operation before 1 July 2005, it comes into operation on that day. 3. Objects The objects of this Act are— (a) to promote the highest standards of governance in the administration of the Parliament of Victoria; (b) to establish values and principles to guide conduct and performance within Parliamentary administration; (c) to ensure that employment decisions in Parliamentary administration are based on merit; (d) to promote the highest standards of integrity and conduct for Parliamentary officers. s. 2 -- 5 of 48 -- Part 1—Preliminary Parliamentary Administration Act 2005 Act No. 20/2005 3 4. Definitions (1) In this Act— "appropriate Department Head" means— (a) in relation to a Department— the Department Head; or (b) in relation to a Parliamentary officer— the Head of the Department in which that officer is employed; "Assembly" means the Legislative Assembly of Victoria; "Council" means the Legislative Council of Victoria; "Department" means a Department existing by virtue of section 7; "Department Head" means a person employed as a Head of a Department under Division 2 of Part 3; "Parliament" means the Parliament of Victoria; "Parliamentary officer" means a person employed under Part 3 in any capacity and includes a Department Head; "President" means President of the Council; "public entity" has the same meaning as in the Public Administration Act 2004; "public official" has the same meaning as in the Public Administration Act 2004; "Public Sector Standards Commissioner" means the Public Sector Standards Commissioner appointed under section 37 of the Public Administration Act 2004; "public service body" has the same meaning as in the Public Administration Act 2004; s. 4 -- 6 of 48 -- Part 1—Preliminary Parliamentary Administration Act 2005 Act No. 20/2005 4 "relevant Presiding Officer" means— (a) the President, in the case of the Clerk of the Legislative Council or any other Parliamentary officer employed in the Department of the Legislative Council; (b) the Speaker, in the case of the Clerk of the Legislative Assembly or any other Parliamentary officer employed in the Department of the Legislative Assembly; (c) the President and the Speaker, in the case of the Secretary of, or any other Parliamentary officer employed in, the Department of Parliamentary Services; "Speaker" means Speaker of the Assembly; "third party" has the same meaning as in the Parliamentary Salaries and Superannuation Act 1968. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty; and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. __________________ s. 4 -- 7 of 48 -- Part 2—Values and Employment Principles Parliamentary Administration Act 2005 Act No. 20/2005 5 PART 2—VALUES AND EMPLOYMENT PRINCIPLES 5. Parliamentary officer values (1) The following are the values for Parliamentary officers— (a) responsiveness—Parliamentary officers should demonstrate responsiveness by— (i) providing frank, impartial and timely advice to the Parliament; and (ii) providing high quality services to the Victorian community; and (iii) identifying and promoting best practice; (b) integrity—Parliamentary officers should demonstrate integrity by— (i) being honest, open and transparent in their dealings; and (ii) using powers responsibly; and (iii) reporting improper conduct; and (iv) avoiding any real or apparent conflicts of interest; and (v) striving to earn and sustain public trust of a high level; (c) impartiality—Parliamentary officers should demonstrate impartiality by— (i) making decisions and providing advice on merit and without bias, caprice, favouritism or self-interest; and (ii) acting fairly by objectively considering all relevant facts and fair criteria; s. 5 -- 8 of 48 -- Part 2—Values and Employment Principles Parliamentary Administration Act 2005 Act No. 20/2005 6 (d) accountability—Parliamentary officers should demonstrate accountability by— (i) working to clear objectives in a transparent manner; and (ii) accepting responsibility for their decisions and actions; and (iii) seeking to achieve best use of resources; and (iv) submitting themselves to appropriate scrutiny; (e) respect—Parliamentary officers should demonstrate respect for members of Parliament, colleagues, other public officials and members of the Victorian community by— (i) treating them fairly and objectively; and (ii) ensuring freedom from discrimination, harassment and bullying; and (iii) using their views to improve outcomes on an ongoing basis; (f) leadership—Parliamentary officers should demonstrate leadership by actively implementing, promoting and supporting these values. (2) Subject to sub-section (3), a Department Head must promote the values set out in sub-section (1) to Parliamentary officers employed in the Department and ensure that any statement of values adopted or applied by the Department is consistent with those values. s. 5 -- 9 of 48 -- Part 2—Values and Employment Principles Parliamentary Administration Act 2005 Act No. 20/2005 7 (3) Nothing in sub-section (1)— (a) creates in any person any legal right or gives rise to any civil cause of action; or (b) affects the rights or liabilities of a Parliamentary officer or the application to him or her, as a public official, of the public sector values within the meaning of the Public Administration Act 2004. 6. Parliamentary administration employment principles Department Heads must establish employment processes that will ensure that— (a) employment decisions are based on merit; and (b) Parliamentary officers are treated fairly and reasonably; and (c) equal employment opportunity is provided; and (d) Parliamentary officers have a reasonable avenue of redress against unfair or unreasonable treatment. __________________ s. 6 -- 10 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 8 PART 3—EMPLOYMENT OF PARLIAMENTARY OFFICERS Division 1—Administrative Departments 7. Administrative Departments of the Parliament The Parliament has the following administrative Departments— (a) the Department of the Legislative Council; (b) the Department of the Legislative Assembly; (c) the Department of Parliamentary Services. 8. Clerk of the Parliaments (1) There continues to be an office of Clerk of the Parliaments. (2) The Governor in Council, on the recommendation of the President and the Speaker, may appoint the Clerk of the Legislative Council or the Clerk of the Legislative Assembly to hold the office of Clerk of the Parliaments. Division 2—Department Heads 9. Clerk of the Legislative Council (1) The Governor in Council, on the recommendation of the President, may appoint a person as Clerk of the Legislative Council. (2) The Clerk of the Legislative Council is entitled to be paid the same salary and allowances as are from time to time payable to the Clerk of the Legislative Assembly or would have been so payable had the Clerk of the Legislative Assembly's remuneration not been reduced under section 16. s. 7 -- 11 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 9 (3) The Clerk of the Legislative Council— (a) may resign by notice in writing delivered to the Governor in Council; (b) ceases to hold office if he or she— (i) resigns; or (ii) is dismissed under section 16; or (iii) has his or her services dispensed with under section 17. (4) For the purposes of this Act the Clerk of the Legislative Council is the Department Head of the Department of the Legislative Council. 10. Clerk of the Legislative Assembly (1) The Governor in Council, on the recommendation of the Speaker, may appoint a person as Clerk of the Legislative Assembly. (2) The Clerk of the Legislative Assembly is entitled to be paid the salary and allowances that are from time to time fixed by the Governor in Council. (3) The Clerk of the Legislative Assembly— (a) may resign by notice in writing delivered to the Governor in Council; (b) ceases to hold office if he or she— (i) resigns; or (ii) is dismissed under section 16; or (iii) has his or her services dispensed with under section 17. (4) For the purposes of this Act the Clerk of the Legislative Assembly is the Department Head of the Department of the Legislative Assembly. s. 10 -- 12 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 10 11. Secretary of the Department of Parliamentary Services (1) Subject to this Act, the employment of the Secretary of the Department of Parliamentary Services is governed by a contract of employment between the Secretary and the President and the Speaker. (2) A contract must be in writing and be signed by or on behalf of the President and the Speaker and the Secretary. (3) A contract must specify the date on which it expires which must not be more than 4 years after the date on which it comes into force. (4) A contract must provide for the Secretary to be entitled to be paid the same salary and allowances as are from time to time payable to the Clerk of the Legislative Council and the Clerk of the Legislative Assembly or would have been so payable had such a Clerk's remuneration not been reduced under section 16. (5) A contract of employment may be varied at any time by a further contract between the parties but its term may not be increased beyond 4 years nor the amount of salary or allowances payable under it be increased beyond that provided by sub- section (4). (6) If, at the time of entering into a contract of employment, the Secretary held the office of Secretary, then the contract constitutes a new instrument of appointment, and replaces any earlier instrument of appointment, for the purposes of this and any other Act. (7) For the purposes of this Act the Secretary of the Department of Parliamentary Services is the Department Head of that Department. s. 11 -- 13 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 11 12. General responsibility of Department Heads A Department Head is responsible to the relevant Presiding Officer for the general conduct and the effective, efficient and economical management of the functions and activities of the Department and must advise the relevant Presiding Officer in all matters relating to the Department. 13. Duty to act independently in employment matters (1) A Department Head is not subject to direction in relation to the exercise of his or her employer powers referred to in section 18 in respect of any individual but must act independently. (2) This section has effect despite section 12 but is subject to any other express provision to the contrary in this Act. 14. Conduct of Department Head If, in the opinion of the relevant Presiding Officer, a Department Head has engaged in conduct which renders him or her unfit to continue as Department Head, the relevant Presiding Officer— (a) must report the Department Head to the Governor in Council; and (b) may suspend the Department Head from duty. 15. Board of Inquiry (1) If— (a) a Department Head has been reported to the Governor in Council under section 14; and (b) the Department Head does not admit in writing the truth of the charges made against him or her— the Governor in Council may appoint a Board of Inquiry to inquire as to the truth of the charges. s. 12 -- 14 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 12 (2) A Board of Inquiry appointed under this section consists of— (a) the Attorney-General or his or her nominee; and (b) a member nominated by the Premier; and (c) a member nominated by the Leader of the Opposition; and (d) a member nominated by the Leader of the third party. (3) The Board of Inquiry— (a) must hold a hearing into the charges; and (b) is bound by the rules of evidence and the rules of natural justice; and (c) must report its findings to the Governor in Council. (4) The members of the Board of Inquiry may receive and examine evidence on oath. (5) A Department Head is entitled to be legally represented at any hearing held by a Board of Inquiry into his or her conduct. 16. Decision of Governor in Council on charges (1) If, under section 15— (a) the Department Head admits in writing the truth of the charges; or (b) the Board of Inquiry reports that it is satisfied on the balance of probabilities as to the truth of the charges— the Governor in Council may according to the nature of the conduct— (c) dismiss the Department Head; or s. 16 -- 15 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 13 (d) reduce the Department Head to a lower classification of Parliamentary officer; or (e) reduce the Department Head's remuneration; or (f) deprive the Department Head of the whole or any part of any future annual increment; or (g) deprive the Department Head of any part of his or her leave of absence. (2) Unless the Governor in Council otherwise orders, a Department Head who is dismissed under this section forfeits all remuneration payable to him or her during any period of suspension under section 14 preceding that dismissal. (3) A suspension imposed under section 14 must be immediately removed by the Governor in Council if the Board of Inquiry reports that it is not satisfied on the balance of probabilities as to the truth of the charges giving rise to the suspension. 17. Incapacity of Department Head The Governor in Council, on the recommendation of a Board of Inquiry appointed in accordance with section 15, may dispense with the services of a Department Head if— (a) the Department Head is at any time found to be unfit to discharge the duties of his or her office or to be inefficient in, or incapable of, the prompt and effective discharge of his or her duties; and (b) the unfitness, inefficiency or incapacity is likely to be of a permanent character. s. 17 -- 16 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 14 Division 3—Parliamentary Officers 18. Employment and retirement (1) A Department Head, on behalf of the Crown, has all the rights, powers, authorities and duties of an employer in respect of the Department and Parliamentary officers employed in it. (2) Without limiting sub-section (1), the appropriate Department Head— (a) may employ as many persons as Parliamentary officers as are required for the exercise of the functions of the Department; (b) may assign work to Parliamentary officers; (c) may issue lawful instructions that must be observed by Parliamentary officers; (d) may determine the remuneration (including an increase or reduction in remuneration) and other terms and conditions of employment of any individual Parliamentary officer; (e) may pay allowances, bonuses or gratuities to Parliamentary officers; (f) may transfer Parliamentary officers to duties in other Departments or in public service bodies or public entities; (g) may suspend Parliamentary officers from duty with pay; (h) may terminate the employment of Parliamentary officers; (i) may second Parliamentary officers to other bodies or take persons on secondment from other bodies; s. 18 -- 17 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 15 (j) may authorise periods of leave of absence for Parliamentary officers or make payments to Parliamentary officers in lieu of leave. (3) A Department Head, in exercising a right, power, authority or duty referred to in this section, must do so in conformity with— (a) the values set out in section 5; and (b) the employment principles set out in section 6; and (c) any other relevant provisions of this Act or the regulations. (4) A Parliamentary officer may retire on reaching the age of 55 years. 19. Review of actions (1) Subject to this section, a Parliamentary officer is entitled to have an action taken within a Department that relates to his or her employment reviewed in accordance with the regulations and any standards issued under section 64(5) of the Public Administration Act 2004. (2) Unless the regulations otherwise provide, a Parliamentary officer is only entitled to have a review of a proposed appointment or promotion on the ground of an error of law or a significant deficiency in the selection process or the process on an initial review. (3) Regulations made for the purposes of this section may— (a) prescribe exceptions to the entitlement to a review in circumstances where— (i) the matter is frivolous, vexatious or lacking in substance; or (ii) the applicant does not have sufficient personal interest; or s. 19 -- 18 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 16 (iii) the applicant has not sought an initial review within the Department in which he or she is employed; or (iv) the application is not made within a specified period; or (v) the matter is the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal initiated by the applicant; or (vi) the matter could more appropriately be the subject of a complaint under the Equal Opportunity Act 1995 or a proceeding in any court or tribunal; (b) provide for procedures for a review, including empowering the appointment of a person or body to conduct a review and specifying circumstances in which the applicant or any other party to a review may be represented by a legal practitioner or other agent; (c) provide for an initial review to be conducted within the Department in which the Parliamentary officer is employed; (d) provide for the powers available to the person or body conducting an initial review within the Department in which the Parliamentary officer is employed; (e) provide for an application for a review to be made directly to the Public Sector Standards Commissioner in specified circumstances; (f) provide for an application for a review to be referred to the Public Sector Standards Commissioner in specified circumstances on completion of an initial review within the Department in which the Parliamentary officer is employed; s. 19 -- 19 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 17 (g) provide for the powers available to the Public Sector Standards Commissioner on conducting a review, including power to require the appropriate Department Head to provide him or her with information or documents and power to interview any Parliamentary officer in the Department. (4) Regulations made for the purposes of this section— (a) must not require the Public Sector Standards Commissioner to hold a formal hearing on a review; (b) must ensure that the rules of natural justice are adhered to on a review. 20. Recommendations following review (1) A person or body (including the Public Sector Standards Commissioner) that has conducted a review under section 19 may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review. (2) Without limiting sub-section (1), recommendations under that sub-section may include a recommendation that— (a) a decision be reconsidered; or (b) processes within the Department be changed. (3) If the appropriate Department Head does not adopt, or decide to adopt, a recommendation made in a report on a review within 14 days after receiving the report, he or she must, within 7 days after the end of that period, provide a written statement of the reasons for not adopting the recommendation to the Public Sector Standards Commissioner, the applicant for the review and any other person affected by the recommendation. s. 20 -- 20 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 18 21. Employment of public servant not to affect his or her rights The employment as a Parliamentary officer of an employee within the meaning of the Public Administration Act 2004 does not in any manner affect, take away, alter or diminish any right whatever (whether accrued or accruing) of that person as an employee within the meaning of that Act so long as the right does not in any way conflict with his or her duties or obligations as a Parliamentary officer. 22. Transfer of Parliamentary officer not to affect his or her rights The transfer of a Parliamentary officer to duties in a public service body or public entity does not in any manner affect, take away, alter or diminish any right whatever (whether accrued or accruing) of that officer as a Parliamentary officer. 23. No officer to be dismissed except under Act A Parliamentary officer must not be dismissed or subjected to any other penalty in respect of his or her service as such an officer except as provided by this Act or the regulations. 24. Fines to be stopped from salary All penalties imposed on a Parliamentary officer must be deducted from his or her salary. 25. Application of Acts In addition to the provisions of this Act, Parliamentary officers are also subject to the provisions of any Act expressly applied to them by the Parliament, whether before or after the commencement of this section. s. 21 -- 21 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 19 Division 4—Financial Management 26. Recovery of overpayments (1) In this section, "officer" means a person who is or was employed as a Parliamentary officer. (2) Despite any Act or rule of law to the contrary, an officer is liable to repay to the State any money paid to him or her by the State in his or her capacity as an officer to which he or she was not entitled (in this section called "an overpayment"). (3) Without limiting or affecting the right of the State to recover an overpayment by any legal or other process, the State may recover the overpayment from the officer by deduction or deductions from any amount due by the State to that officer. (4) A deduction under sub-section (3) from salary due to the officer must not exceed one tenth of the salary, before any deductions, whether under this section or otherwise, to which the officer is entitled. (5) If deductions are made under this section from the salary of an officer— (a) the officer may apply to the relevant Presiding Officer for the weekly amount of the deductions to be reduced; and (b) the relevant Presiding Officer may give such directions as he or she thinks fit as to the amount of deductions to be made from the salary of the officer. (6) An officer may apply in writing to the relevant Presiding Officer to be relieved from all or any of the liability with respect to the repayment of an overpayment and the relevant Presiding Officer may at any time, in his or her absolute discretion, by writing relieve the officer from all or any of such liability. s. 26 -- 22 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 20 (7) Without derogating from the rights conferred on the State by this section, the State must before making any deduction under this section consider any proposal made by the officer with respect to the repayment of the overpayment. (8) Sub-section (4) does not apply to a deduction in respect of an overpayment that has not been repaid at the date the officer ceases for any reason to be a Parliamentary officer. 27. Liability in respect of loss or damage (1) In this section, "officer" means a person who is or was employed as a Parliamentary officer. (2) An officer who, by misconduct or by performing any duties in a grossly negligent manner, causes or contributes to a loss or deficiency in public money or the loss or destruction of or damage to other property of the State is liable to pay to the State an amount equal to the amount of the loss or deficiency or the value of the property lost or destroyed. (3) If a Department Head is of the opinion that a Parliamentary officer may be liable for a loss, deficiency, destruction or damage under sub- section (2), the Department Head may direct that an investigation be held. (4) An investigation for the purposes of sub- section (3) must be conducted in accordance with, and by a person appointed under, the regulations. (5) After considering the report of an investigation under this section, the Department Head must determine whether or not to seek to recover an amount specified in the report of the investigation from the officer. s. 27 -- 23 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 21 Division 5—Restriction on Parliamentary Officers doing other Work 28. Restriction on Parliamentary officers doing other work (1) Except with the express permission of the relevant Presiding Officer in the case of a Department Head or of the appropriate Department Head in the case of any other Parliamentary officer, a full- time Parliamentary officer must not— (a) engage in any other paid employment; or (b) carry on any business, profession or trade. (2) A part-time Parliamentary officer must not engage in any other paid employment or carry on any business, profession or trade that, in the opinion of the relevant Presiding Officer in the case of a Department Head or of the appropriate Department Head in the case of any other Parliamentary officer, conflicts with the proper performance of the officer's duties. (3) Permission given to an officer under this section may be withdrawn by notice in writing given to the officer by the relevant Presiding Officer or the appropriate Department Head (as the case requires). (4) Nothing in this section prevents a Parliamentary officer from— (a) holding shares, or an interest in shares, in a company (within the meaning of the Corporations Act); or (b) becoming a member of an incorporated association within the meaning of the Associations Incorporation Act 1981. s. 28 -- 24 of 48 -- Part 3—Employment of Parliamentary Officers Parliamentary Administration Act 2005 Act No. 20/2005 22 Division 6—Termination of Employment 29. Termination of employment (1) The appropriate Department Head may terminate the employment of a Parliamentary officer— (a) on the ground of redundancy; or (b) if the officer refuses a transfer to other duties under Division 3; or (c) if the officer is found guilty of a criminal offence punishable by imprisonment, including an offence committed before, but not dealt with until after, the officer became an officer; or (d) if the officer is guilty of serious misconduct; or (e) if the Department Head is satisfied that the officer is inefficient or incompetent in the discharge of his or her duties; or (f) if the Department Head is satisfied that the officer has abandoned his or her employment; or (g) if the Department Head is satisfied that the officer has, in connection with his or her application for employment, given false or misleading information; or (h) for any other reason consistent with the terms and conditions of his or her employment. (2) A power of a Department Head referred to in sub-section (1) must be exercised as set out in section 18(3). __________________ s. 29 -- 25 of 48 -- Part 4—Employment of Electorate Officers Parliamentary Administration Act 2005 Act No. 20/2005 23 PART 4—EMPLOYMENT OF ELECTORATE OFFICERS 30. Employment of electorate officers (1) The President and the Speaker, acting jointly, may, on behalf of the Crown, employ as an electorate officer to assist a member of Parliament, a person nominated by that member. (2) The employment of a person under sub-section (1) must be under an agreement in writing and is subject to any terms and conditions that are determined for the time being by the President and the Speaker. (3) The Public Administration Act 2004 does not apply to a person employed under this Part. 31. Termination of employment (1) The employment of a person under this Part— (a) terminates if the member of Parliament whom the person was appointed to assist dies or ceases to be a member; (b) may be terminated in accordance with the agreement under which the person is employed in accordance with this Part. (2) The employment of a person as an electorate officer is deemed not to have terminated on the death or cessation of membership of a member of Parliament if— (a) the term of the employment is extended by the President and the Speaker, acting jointly, from the date of death or cessation for a specified period; or s. 30 -- 26 of 48 -- Part 4—Employment of Electorate Officers Parliamentary Administration Act 2005 Act No. 20/2005 24 (b) within 4 weeks, or any longer period that the President and Speaker acting jointly determine, after the date of death or cessation the person is employed under this Part as an electorate officer to assist another member of Parliament. __________________ s. 31 -- 27 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 25 PART 5—MISCELLANEOUS 32. Delegation (1) The President may, by instrument, delegate to the Deputy President or to the Clerk of the Legislative Council any of his or her functions under this Act or the regulations other than— (a) in the case of a delegation to the Deputy President, this power of delegation; or (b) in the case of a delegation to the Clerk of the Legislative Council, the power to recommend the appointment of a person as Clerk of the Legislative Council; or (c) in any case, a power under section 33 to recommend the making of regulations. (2) The Speaker may, by instrument, delegate to the Deputy Speaker or to the Clerk of the Legislative Assembly any of his or her functions under this Act or the regulations other than— (a) in the case of a delegation to the Deputy Speaker, this power of delegation; or (b) in the case of a delegation to the Clerk of the Legislative Assembly, the power to recommend the appointment of a person as Clerk of the Legislative Assembly; or (c) in any case, a power under section 33 to recommend the making of regulations. (3) The President and the Speaker, acting jointly, may, by instrument, delegate to the Deputy President and the Deputy Speaker, jointly, or to the Secretary of the Department of Parliamentary Services any of the functions of the President and the Speaker under this Act or the regulations other than— s. 32 -- 28 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 26 (a) in the case of a delegation to the Deputy President and the Deputy Speaker jointly, this power of delegation; or (b) in the case of a delegation to the Secretary of the Department of Parliamentary Services, the power to employ a person as Secretary of that Department; or (c) in any case, a power under section 33 to recommend the making of regulations. (4) A Department Head may, by instrument, delegate to any other Parliamentary officer any of his or her functions under this Act, including any function delegated to him or her under this section, other than the power to sub-delegate a function delegated to the Department Head under this section. (5) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation by a Department Head under sub-section (4) in the same way as they apply to a delegation. 33. Regulations (1) The Governor in Council may, on the recommendation of the President and the Speaker, make regulations for or with respect to— (a) the duties to be performed by Parliamentary officers; (b) the leave of absence to be allowed to Parliamentary officers; (c) regulating the procedures for handling disciplinary matters in relation to Parliamentary officers including hearings, appeals and the imposition of penalties which may include fines (not exceeding 40 penalty units), reduction in salary or s. 33 -- 29 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 27 classification or both, suspension or dismissal; (d) providing for disciplinary action (including the imposition of penalties which may include fines (not exceeding 40 penalty units), reduction in salary or classification or both, suspension or dismissal) which may be taken in respect of a Parliamentary officer who has been found guilty of an offence punishable by imprisonment; (e) providing for procedures for an investigation for the purposes of section 27(3), including empowering the appointment of a person to conduct an investigation; (f) generally any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or s. 33 -- 30 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 28 (ii) any such provision either unconditionally or subject to any specified condition. (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both sub-paragraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of person; or (iii) as specified in both sub-paragraphs (i) and (ii); and (c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and s. 33 -- 31 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 29 (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations. 34. Transitional regulations (1) Until regulations in relation to review of actions and discipline are first made under this Act or the first anniversary of the commencement of this section (whichever first occurs), Parts 11 and 12 of the Public Sector Management Regulations 1993 (as in force on 28 May 1996 and with any necessary modifications) apply to Parliamentary officers (other than Department Heads) as if— (a) regulations 25.2, 25.9, 25.10(d), 27, 30.3(b), 35 and 36 of those Regulations were omitted; and (b) in regulation 30.3(c) of those Regulations after "staff member" there were inserted "(including a Department Head)"; (c) any reference in Parts 11 and 12 of those Regulations to— (i) a Department Head were a reference to a Department Head under this Act; and (ii) a Department were a reference to a Department under this Act; and s. 34 -- 32 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 30 (iii) a staff member were a reference to a Parliamentary officer (other than a Department Head); and (iv) the Act were a reference to this Act; and (v) these Regulations were a reference to the regulations made under this Act; (d) except in regulation 34.1(a)(iii), any reference in Parts 11 and 12 of those Regulations to the Public Service Commissioner were a reference to the relevant Presiding Officer in the case of any Parliamentary officer; (e) any reference in regulations 41 and 42A of those Regulations to the public service were a reference to the Parliament; (f) any reference in regulation 43 of those Regulations to the public service were a reference to an office of the Parliament. (2) Until regulations for the purposes of section 27 are first made under this Act or the first anniversary of the commencement of this section (whichever first occurs), Part 3 of the Financial Management Regulations 2004 and the definitions of "incident", "investigator" and "relevant incident" in regulation 5 of those Regulations (with any necessary modifications) apply to Departments under this Act as if any reference in the applied provisions to— (a) section 57 of the Act were a reference to section 27 of this Act; and (b) an empowered officer were a reference to a Department Head; and s. 34 -- 33 of 48 -- Part 5—Miscellaneous Parliamentary Administration Act 2005 Act No. 20/2005 31 (c) a relevant employee, in relation to an investigation, were a reference to the Parliamentary officer in relation to whom the investigation is being or is proposed to be held; and (d) those Regulations were a reference to the applied provisions; and (e) a department were a reference to a Department under this Act; and (f) an employee or an officer were a reference to a Parliamentary officer. 35. Saving and transitional provisions Schedule 1 contains saving and transitional provisions. __________________ s. 35 -- 34 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 32 PART 6—AMENDMENT OF OTHER ACTS AND REPEAL OF FORMER ACT Division 1—Amendment of Constitution Act 1975 36. Special appropriations for expenses of Legislative Council and Legislative Assembly (1) In section 94(1) of the Constitution Act 1975— (a) in paragraph (b) for "$1000" substitute "$2000"; (b) in paragraph (c) for "$100 000" substitute "$200 000"; (c) in paragraph (d) for "$275 000" substitute "$550 000". (2) Sections 94(3) and 94(4) of the Constitution Act 1975 are repealed. Division 2—Amendment of Long Service Leave Act 1992 37. Repeal of reference to Parliamentary Officers Act 1975 Section 7(4A) of the Long Service Leave Act 1992 is repealed. Division 3—Amendment of Parliamentary Committees Act 2003 and other Acts relating to Parliamentary Committees 38. New Joint Investigatory Committee established After section 5(c) of the Parliamentary Committees Act 2003 insert— "(ca) the Electoral Matters Committee;". See: Act No. 8750. Reprint No. 16 as at 8 April 2003 and amending Act Nos 2/2003, 37/2003, 39/2003, 66/2003, 110/2003, 38/2004, 39/2004, 73/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 36 See: Act No. 83/1992. Reprint No. 2 as at 6 March 1997 and amending Act No. 44/2001. LawToday: www.dms. dpc.vic. gov.au See: Act No. 110/2003 and amending Act No. 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 35 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 33 39. New section 9A inserted in Parliamentary Committees Act 2003 After section 9 of the Parliamentary Committees Act 2003 insert— "9A. Electoral Matters Committee (1) The functions of the Electoral Matters Committee are, if so required or permitted under this Act, to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with— (a) the conduct of parliamentary elections and referendums in Victoria; (b) the conduct of elections of Councillors under the Local Government Act 1989; (c) the administration of, or practices associated with, the Electoral Act 2002 and any other law relating to electoral matters. (2) Nothing in this section is intended to repeal, alter or vary section 94F or 94G of the Constitution Act 1975.". 40. Repeal of references to the Library Committee (1) In section 3 of the Parliamentary Committees Act 2003, the definition of "Library Committee" is repealed. (2) In the heading to Part 5 of the Parliamentary Committees Act 2003, omit "AND THE LIBRARY COMMITTEE". (3) Division 2 of Part 5 of the Parliamentary Committees Act 2003 is repealed. s. 39 -- 36 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 34 41. House Committee (1) In section 40(2) of the Parliamentary Committees Act 2003, for "Joint Services Department" substitute "Department of Parliamentary Services". (2) For section 42(1) of the Parliamentary Committees Act 2003 substitute— "(1) The House Committee may elect either the President or the Speaker to be chairperson. (1A) The deputy chairperson of the House Committee is the President or the Speaker, if he or she is not chairperson.". 42. Supreme Court—limitation of jurisdiction At the end of section 51 of the Parliamentary Committees Act 2003 insert— "(2) It is the intention of section 50, as it has effect on and after the commencement of sections 38 and 39 of the Parliamentary Administration Act 2005, to alter or vary section 85 of the Constitution Act 1975.". 43. Amendment of Judicial College of Victoria Act 2001 In section 19(1)(b) of the Judicial College of Victoria Act 2001, for ", the House Committee or the Library Committee" substitute "or the House Committee". s. 41 See: Act No. 20/2001 and amending Act Nos 110/2003 and 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 37 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 35 44. Amendment of Victorian Law Reform Commission Act 2000 In section 20(1)(b) of the Victorian Law Reform Commission Act 2000, for ", the House Committee or the Library Committee" substitute "or the House Committee". 45. Amendment of Whistleblowers Protection Act 2001 In section 57(1)(c)(i) of the Whistleblowers Protection Act 2001, for ", the House Committee or the Library Committee" substitute "or the House Committee". 46. New section 10A inserted in Information Privacy Act 2000 After section 10 of the Information Privacy Act 2000 insert— '10A. Parliamentary Committees (1) In this section "Parliamentary Committee" means— (a) a Joint Investigatory Committee, or the House Committee, within the meaning of the Parliamentary Committees Act 2003; or (b) a committee of the Legislative Council or the Legislative Assembly. See: Act No. 44/2000 and amending Act Nos 110/2003 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 44 See: Act No. 36/2001 and amending Act Nos 110/2003, 32/2004, 62/2004, 63/2004, 79/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au See: Act No. 98/2000. Reprint No. 1 as at 29 April 2004 and amending Act Nos 79/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 38 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 36 (2) Nothing in this Act or in any IPP applies in respect of the collection, holding, management, use, disclosure or transfer of personal information by a Parliamentary Committee in the course of carrying out its functions as a Parliamentary Committee.'. Division 4—Amendment of Public Administration Act 2004 47. Definition of "standard entity" In the definition of "standard entity" in section 4(1) of the Public Administration Act 2004, paragraph (b) is repealed. 48. Public entities After section 5(1) of the Public Administration Act 2004 insert— "(1A) To avoid doubt and without limiting sub- section (1), the following are public entities for the purposes of this Act— (a) an institution specified in Schedule 1 to the Vocational Education and Training Act 1990; (b) AMES, or the Centre for Adult Education, within the meaning of the Adult, Community and Further Education Act 1991.". 49. Exercise of functions in person's absence In section 110(1) of the Public Administration Act 2004— (a) for "that service" substitute "the service of the Crown"; (b) after "public service body Minister" insert ", in writing,". See: Act No. 108/2004. Statute Book: www.dms. dpc.vic. gov.au s. 47 -- 39 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 37 50. Amendment of consequential amendments (1) For item 27.2 in Schedule 3 to the Public Administration Act 2004 substitute— '27.2 For clause 1(4) of Schedule 1 substitute— "(4) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.".'. (2) Item 86.3 in Schedule 3 to the Public Administration Act 2004 is repealed. (3) For item 92.3 in Schedule 3 to the Public Administration Act 2004 substitute— '92.3 For clause 2(2)(c) of Schedule 3 substitute— "(c) is not in respect of the office of Acting Public Advocate subject to the Public Administration Act 2004 (other than Part 5 of that Act).".'. (4) In item 174 in Schedule 3 to the Public Administration Act 2004, for "sections 499(1)(e) and 508(1)(b)" substitute "section 499(1)(e)". (5) In item 187 in Schedule 3 to the Public Administration Act 2004, for "19(1)" substitute "19". (6) In item 197.1 in Schedule 3 to the Public Administration Act 2004, omit ", 48(3)". (7) In item 224 in Schedule 3 to the Public Administration Act 2004, before "In section" insert "224.2". s. 50 -- 40 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 38 Division 5—Amendment of Terrorism (Community Protection) Act 2003 51. Order in Council to be made on recommendation of relevant Minister In section 28(1) of the Terrorism (Community Protection) Act 2003, after "Governor in Council" insert "on the recommendation of the relevant Minister for the essential service". Division 6—Consequential Amendments 52. Amendments consequential on this Act (1) For paragraph (c) of the definition of "public official" in section 4(1) of the Public Administration Act 2004 substitute— "(c) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005;". (2) For section 106(1)(j) of the Public Administration Act 2004 substitute— "(j) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005.". (3) For paragraphs (e) and (f) of the definition of "public sector employee" in section 83D(1) of the Sentencing Act 1991 substitute— "(e) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005; (f) an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005;". See: Act No. 7/2003 and amending Act No. 67/2004. LawToday: www.dms. dpc.vic. gov.au s. 51 -- 41 of 48 -- Part 6—Amendment of other Acts and Repeal of Former Act Parliamentary Administration Act 2005 Act No. 20/2005 39 (4) For paragraph (a)(iv) of the definition of "officer" in section 3(1) of the State Superannuation Act 1988 substitute— "(iv) under Part 3 of the Parliamentary Administration Act 2005; and". (5) In section 9(1)(da) of the Subordinate Legislation Act 1994, for "departments within the meaning of the Parliamentary Officers Act 1975" substitute "Departments within the meaning of the Parliamentary Administration Act 2005". (6) For section 4(2)(k) of the Whistleblowers Protection Act 2001 substitute— "(k) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005;". Division 7—Repeal of Former Act 53. Repeal of Parliamentary Officers Act 1975 The Parliamentary Officers Act 1975 is repealed. __________________ s. 52 See: Act No. 8730. Reprint No. 1 as at 19 September 1996 and amending Act Nos 59/1996, 45/1997, 46/1998, 110/2003 and 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 42 of 48 -- Parliamentary Administration Act 2005 Act No. 20/2005 40 SCHEDULES SCHEDULE 1 Section 35 SAVING AND TRANSITIONAL PROVISIONS 1. Definitions In this Schedule— "commencement day" means the day on which Part 3 of the new Act comes into operation; "former Act" means the Parliamentary Officers Act 1975; "new Act" means the Parliamentary Administration Act 2005. 2. General transitional provision (1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) If a provision of the former Act continues to apply by force of this Schedule, any other provision of the former Act necessary to give effect to that continued provision also continues to apply in relation to that provision. 3. Existing Parliamentary officers (1) The person holding the office of the Clerk of the Parliaments immediately before the commencement day under section 5 of the former Act must, on that day, be taken to hold the office of Clerk of the Parliaments under section 8 of the new Act. (2) A person employed immediately before the commencement day under Part 2 of the former Act as an officer of the Parliament within the meaning of that Act, or who by force of the former Act or any other Act is taken to be an officer of the Parliament within the meaning of that Act to whom that Act applied immediately before the commencement day, must, on that day, be taken to be employed under Part 3 of the new Act, with the same classification, duties and remuneration, and subject to the same industrial award or agreement or contract of employment, and with the same rights to leave of absence and accrued or accruing Sch. 1 -- 43 of 48 -- Parliamentary Administration Act 2005 Act No. 20/2005 41 entitlements, as applied to the person or his or her employment under the former Act immediately before that day. (3) A person employed, or who by force of the former Act is taken to be employed, under Part 3 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Part 4 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under Part 3 of the former Act immediately before that day. (4) The repeal of the former Act does not prevent any of the terms and conditions of employment of a person holding an office or position or employed in a Department under the former Act, or employed under Part 3 of the former Act, immediately before the commencement day from being altered by or under any law, award or agreement with effect from any time after that day. (5) Except as otherwise provided by this Schedule, the new Act applies to a person who is taken by virtue of a provision of this clause to be employed under a Part of the new Act in the same way as it applies to persons actually employed under that Part. 4. Vacancies Any process to fill a vacancy begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act. 5. Administrative Department structure Departments under the former Act with titles corresponding to the titles of Departments in section 7 of the new Act must be taken to be those Departments on the commencement day. Sch. 1 -- 44 of 48 -- Parliamentary Administration Act 2005 Act No. 20/2005 42 6. Superseded references On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind— (a) a reference to an officer of the Parliament within the meaning of the former Act must be read as a reference to a Parliamentary officer within the meaning of the new Act; (b) a reference to the former Act must be read as a reference to the new Act; (c) a reference to an office in a Department must be read as a reference to employment in that Department under Part 3 of the new Act. 7. Personal grievances and discipline Any process, review or inquiry begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act. ═══════════════ Sch. 1 -- 45 of 48 -- Parliamentary Administration Act 2005 Act No. 20/2005 43 ENDNOTES † Minister's second reading speech— Legislative Assembly: 24 March 2005 Legislative Council: 3 May 2005 The long title for the Bill for this Act was "to provide a framework for good governance in the administration of the Parliament of Victoria, to repeal the Parliamentary Officers Act 1975, to amend the Constitution Act 1975, the Long Service Leave Act 1992, the Parliamentary Committees Act 2003, the Public Administration Act 2004, the Terrorism (Community Protection) Act 2003 and certain other Acts and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 24 March 2005 Legislative Council: 3 May 2005 Absolute majorities: Legislative Assembly: 21 April 2005 Legislative Council: 18 May 2005 Endnotes -- 46 of 48 -- Parliamentary Administration Act 2005 Act No. 20/2005 44 INDEX Subject Section Actamendment of other Acts 36–52 commencement 2 objects 3 purposes 1 repeals 53 saving and transitional provisions 34–35, Sch. 1 Administrative departments See Departments Boards of Inquiry 15–17 Clerk of the Legislative Assembly 8, 10 See also Department Heads Clerk of the Legislative Council 8, 9 See also Department Heads Clerk of the Parliaments 8 Definitions 4, 26, 27, Sch. 1 Department Heads appropriate Department Head (def.) 4 Clerk of Legislative Assembly 10 Clerk of Legislative Council 9 conduct, charges against 14–16 definition 4 delegation 32 dismissal 16 dispensing of services of 17 incapacity 17 inquiries into 15–17 reduction of entitlements 16 responsibilities in general 12 responsibilities, powers regarding employment of Parliamentary officers 13, 18, 20, 28, 29 employment principles 6 investigations of officers 27 Parliamentary officer values 5 restrictions on doing other work 28 Secretary to Department of Parliamentary Services 11 suspension 14, 16 unfit to continue in office 14, 17 Departments administrative departments 7 definition 4 See also Department Heads Electorate officers 30–31 Parliamentary officers application of other Acts to 25 deductions from salary 24, 26 definition 4 delegation to 32 dismissal 18, 23, 29 -- 47 of 48 -- Parliamentary Administration Act 2005 Act No. 20/2005 45 Subject Section employment Department Head as employer 13, 18 principles 6 public servants 21 review of actions regarding 19–20 termination of 29 investigations of 27 liability for loss, damage 27 penalties 23–24 recovery of overpayments to 26 restrictions on doing other work 28 retirement 18 transfer 18, 22 values 5 President definition 4 delegation 32 Deputy President 32 functions, powers regarding Clerk of Legislative Council 9 Clerk of Parliaments 8 deductions from salaries of officers 26 Department Heads 12, 14, 28 employment of electorate officers 30–31 regulations 33 Secretary to Department of Parliamentary Services 11 relevant presiding officer (def.) 4 Public Sector Standards Commissioner 4, 19–20 Regulations 19, 33–34 Repeals 53 Review 19–20 Saving and transitional provisions 34–35, Sch. 1 Secretary of Department of Parliamentary Services 11 See also Department Heads Speaker definition 4 delegation 32 Deputy Speaker 32 functions, powers regarding Clerk of Legislative Assembly 10 Clerk of Parliaments 8 deductions from salaries of officers 26 Department Heads 12, 14, 28 employment of electorate officers 30–31 regulations 33 Secretary to Department of Parliamentary Services 11 relevant presiding officer (def.) 4 Transitional provisions See Saving and transitional provisions -- 48 of 48 --