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PARLIAMENT OF VICTORIA
Parliamentary Administration Act 2005
Act No.
TABLE OF PROVISIONS
Clause 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
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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
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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
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PARLIAMENT OF VICTORIA
A BILL
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.
Parliamentary Administration Act 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
5
Victoria;
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Act No.
Part 1--Preliminary
s. 2
(b) repeal the Parliamentary Officers Act
1975;
(c) amend the Constitution Act 1975, the Long
Service Leave Act 1992, the Parliamentary
Committees Act 2003 (in particular by
5
establishing a new Joint Investigatory
Committee on Electoral Matters), the Public
Administration Act 2004, the Terrorism
(Community Protection) Act 2003 and
certain other Acts.
10
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
15
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,
20
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--
25
(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
30
Parliamentary administration;
(c) to ensure that employment decisions in
Parliamentary administration are based on
merit;
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(d) to promote the highest standards of integrity
and conduct for Parliamentary officers.
4. Definitions
(1) In this Act--
"appropriate Department Head" means--
5
(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;
10
"Assembly" means the Legislative Assembly of
Victoria;
"Council" means the Legislative Council of
Victoria;
"Department" means a Department existing by
15
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;
20
"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
25
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
30
Commissioner appointed under section 37 of
the Public Administration Act 2004;
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"public service body" has the same meaning as
in the Public Administration Act 2004;
"relevant Presiding Officer" means--
(a) the President, in the case of the Clerk of
the Legislative Council or any other
5
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
10
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
15
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.
20
(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
25
reference to the performance of the duty.
__________________
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Part 2--Values and Employment Principles
s. 5
PART 2--VALUES AND EMPLOYMENT PRINCIPLES
5. Parliamentary officer values
(1) The following are the values for Parliamentary
officers--
(a) responsiveness--Parliamentary officers
5
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
10
(iii) identifying and promoting best practice;
(b) integrity--Parliamentary officers should
demonstrate integrity by--
(i) being honest, open and transparent in
their dealings; and
15
(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
20
of a high level;
(c) impartiality--Parliamentary officers should
demonstrate impartiality by--
(i) making decisions and providing advice
on merit and without bias, caprice,
25
favouritism or self-interest; and
(ii) acting fairly by objectively considering
all relevant facts and fair criteria;
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(d) accountability--Parliamentary officers
should demonstrate accountability by--
(i) working to clear objectives in a
transparent manner; and
(ii) accepting responsibility for their
5
decisions and actions; and
(iii) seeking to achieve best use of
resources; and
(iv) submitting themselves to appropriate
scrutiny;
10
(e) respect--Parliamentary officers should
demonstrate respect for members of
Parliament, colleagues, other public officials
and members of the Victorian community
by--
15
(i) treating them fairly and objectively;
and
(ii) ensuring freedom from discrimination,
harassment and bullying; and
(iii) using their views to improve outcomes
20
on an ongoing basis;
(f) leadership--Parliamentary officers should
demonstrate leadership by actively
implementing, promoting and supporting
these values.
25
(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
30
consistent with those values.
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(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
5
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
10
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
15
reasonably; and
(c) equal employment opportunity is provided;
and
(d) Parliamentary officers have a reasonable
avenue of redress against unfair or
20
unreasonable treatment.
__________________
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s. 7
PART 3--EMPLOYMENT OF PARLIAMENTARY OFFICERS
Division 1--Administrative Departments
7. Administrative Departments of the Parliament
The Parliament has the following administrative
Departments--
5
(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
10
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
15
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
20
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
25
payable had the Clerk of the Legislative
Assembly's remuneration not been reduced under
section 16.
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(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
5
(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
10
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.
15
(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
20
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
25
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.
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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
5
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.
10
(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
15
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.
20
(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-
25
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
30
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.
35
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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
5
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
10
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.
15
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--
20
(a) must report the Department Head to the
Governor in Council; and
(b) may suspend the Department Head from
duty.
15. Board of Inquiry
25
(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
30
him or her--
the Governor in Council may appoint a Board of
Inquiry to inquire as to the truth of the charges.
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(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
5
(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--
10
(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.
15
(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.
20
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
25
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
30
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(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
5
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
10
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
15
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
20
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
25
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.
30
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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
5
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
10
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
15
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
20
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
25
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
30
other bodies;
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(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
5
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
10
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
15
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.
20
(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
25
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--
30
(i) the matter is frivolous, vexatious or
lacking in substance; or
(ii) the applicant does not have sufficient
personal interest; or
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(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
5
(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
10
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
15
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;
20
(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
25
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;
30
(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
35
officer is employed;
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(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
5
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
10
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
15
(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
20
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
25
(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
30
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.
35
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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
5
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
10
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
15
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
20
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
25
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
30
by the Parliament, whether before or after the
commencement of this section.
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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
5
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
10
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
15
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
20
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
25
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
30
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.
35
19
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Part 3--Employment of Parliamentary Officers
s. 27
(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.
5
(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
10
(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
15
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.
20
(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.
25
(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
30
determine whether or not to seek to recover an
amount specified in the report of the investigation
from the officer.
20
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Act No.
Part 3--Employment of Parliamentary Officers
s. 28
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
5
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
10
(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
15
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
20
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
25
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
30
association within the meaning of the
Associations Incorporation Act 1981.
21
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Act No.
Part 3--Employment of Parliamentary Officers
s. 29
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
5
(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
10
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
15
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
20
(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
25
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).
30
__________________
22
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Act No.
Part 4--Employment of Electorate Officers
s. 30
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
5
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
10
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--
15
(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
20
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--
25
(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
23
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Parliamentary Administration Act 2005
Act No.
Part 4--Employment of Electorate Officers
s. 31
(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
5
member of Parliament.
__________________
24
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Act No.
Part 5--Miscellaneous
s. 32
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
5
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
10
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
15
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
20
(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
25
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
30
Services any of the functions of the President and
the Speaker under this Act or the regulations other
than--
25
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Part 5--Miscellaneous
s. 33
(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,
5
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
10
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
15
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.
20
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
25
officers;
(b) the leave of absence to be allowed to
Parliamentary officers;
(c) regulating the procedures for handling
disciplinary matters in relation to
30
Parliamentary officers including hearings,
appeals and the imposition of penalties
which may include fines (not exceeding
40 penalty units), reduction in salary or
26
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Parliamentary Administration Act 2005
Act No.
Part 5--Miscellaneous
s. 33
classification or both, suspension or
dismissal;
(d) providing for disciplinary action (including
the imposition of penalties which may
include fines (not exceeding 40 penalty
5
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;
10
(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
15
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--
20
(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
25
(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
30
different cases or classes of case, or
different provisions for the same case
or class of case for different purposes;
or
27
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Part 5--Miscellaneous
s. 33
(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--
5
(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
10
(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
15
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
20
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
25
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
30
published from time to time; and
28
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Part 5--Miscellaneous
s. 34
(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
5
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
10
(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
15
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
20
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
25
(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--
30
(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
29
551302B.I1-23/3/2005 BILL LA INTRODUCTION 23/3/2005
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Part 5--Miscellaneous
s. 34
(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
5
(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
10
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
15
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
20
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
25
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
30
section 27 of this Act; and
(b) an empowered officer were a reference to a
Department Head; and
30
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Part 5--Miscellaneous
s. 35
(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
5
(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
10
a Parliamentary officer.
35. Saving and transitional provisions
Schedule 1 contains saving and transitional
provisions.
__________________
31
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Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 36
PART 6--AMENDMENT OF OTHER ACTS AND REPEAL OF
FORMER ACT
See: Division 1--Amendment of Constitution Act 1975
Act No.
8750.
36. Special appropriations for expenses of Legislative
Reprint No. 16
as at
Council and Legislative Assembly
5 8 April 2003
and
(1) In section 94(1) of the Constitution Act 1975--
amending
Act Nos
(a) in paragraph (b) for "$1000" substitute
2/2003,
37/2003,
"$2000";
39/2003,
66/2003,
(b) in paragraph (c) for "$100 000" substitute
110/2003,
"$200 000";
10 38/2004,
39/2004,
(c) in paragraph (d) for "$275 000" substitute
73/2004 and
108/2004.
"$550 000".
LawToday:
www.dms.
(2) Sections 94(3) and 94(4) of the Constitution Act
dpc.vic.
gov.au
1975 are repealed.
See: Division 2--Amendment of Long Service Leave Act 1992
15 Act No.
83/1992.
37. Repeal of reference to Parliamentary Officers Act
Reprint No. 2
as at
1975
6 March 1997
and
Section 7(4A) of the Long Service Leave Act
amending
1992 is repealed.
Act No.
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
See: Division 3--Amendment of Parliamentary Committees Act
20 Act No.
2003 and other Acts relating to Parliamentary Committees
110/2003
and
amending
38. New Joint Investigatory Committee established
Act No.
108/2004.
After section 5(c) of the Parliamentary
LawToday:
Committees Act 2003 insert--
www.dms.
dpc.vic.
gov.au
"(ca) the Electoral Matters Committee;".
25
32
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Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 39
39. New section 9A inserted in Parliamentary
Committees Act 2003
After section 9 of the Parliamentary
Committees Act 2003 insert--
"9A. Electoral Matters Committee
5
(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--
10
(a) the conduct of parliamentary elections
and referendums in Victoria;
(b) the conduct of elections of Councillors
under the Local Government Act
1989;
15
(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,
20
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"
25
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
30
Committees Act 2003 is repealed.
33
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Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 41
41. House Committee
(1) In section 40(2) of the Parliamentary
Committees Act 2003, for "Joint Services
Department" substitute "Department of
Parliamentary Services".
5
(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
10
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--
15
"(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.".
20
See: 43. Amendment of Judicial College of Victoria Act 2001
Act No.
20/2001
In section 19(1)(b) of the Judicial College of
and
Victoria Act 2001, for ", the House Committee or
amending
Act Nos
the Library Committee" substitute "or the House
110/2003 and
Committee".
25 108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
34
551302B.I1-23/3/2005 BILL LA INTRODUCTION 23/3/2005
Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 44
44. Amendment of Victorian Law Reform Commission See:
Act 2000 Act No.
44/2000
and
In section 20(1)(b) of the Victorian Law Reform amending
Commission Act 2000, for ", the House Act Nos
110/2003 and
Committee or the Library Committee" substitute
5 108/2004.
"or the House Committee". LawToday:
www.dms.
dpc.vic.
gov.au
See:
45. Amendment of Whistleblowers Protection Act 2001 Act No.
36/2001
In section 57(1)(c)(i) of the Whistleblowers and
Protection Act 2001, for ", the House Committee amending
Act Nos
or the Library Committee" substitute "or the
10 110/2003,
House Committee". 32/2004,
62/2004,
63/2004,
79/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
46. New section 10A inserted in Information Privacy Act No.
Act 2000 98/2000.
Reprint No. 1
After section 10 of the Information Privacy Act as at
29 April 2004
2000 insert--
15 and
amending
'10A. Parliamentary Committees Act Nos
79/2004 and
(1) In this section "Parliamentary Committee" 108/2004.
means-- LawToday:
www.dms.
dpc.vic.
(a) a Joint Investigatory Committee, or the gov.au
House Committee, within the meaning
20
of the Parliamentary Committees Act
2003; or
(b) a committee of the Legislative Council
or the Legislative Assembly.
35
551302B.I1-23/3/2005 BILL LA INTRODUCTION 23/3/2005
Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 47
(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
5
functions as a Parliamentary Committee.'.
See: Division 4--Amendment of Public Administration Act 2004
Act No.
108/2004.
47. Definition of "standard entity"
Statute Book:
www.dms.
In the definition of "standard entity" in
dpc.vic.
gov.au
section 4(1) of the Public Administration Act
10
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-
15
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;
20
(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
25
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
30
", in writing,".
36
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Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 50
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--
5 "(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.
10
(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
15 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
20
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
25
Administration Act 2004, before "In section"
insert "224.2".
37
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Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 51
Division 5--Amendment of Terrorism (Community
See:
Protection) Act 2003
Act No.
7/2003
and
51. Order in Council to be made on recommendation of
amending
Act No.
relevant Minister
67/2004.
LawToday:
In section 28(1) of the Terrorism (Community
5 www.dms.
Protection) Act 2003, after "Governor in
dpc.vic.
gov.au
Council" insert "on the recommendation of the
relevant Minister for the essential service".
Division 6--Consequential Amendments
52. Amendments consequential on this Act
10
(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
15
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
20
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
25
of the Parliamentary Administration Act
2005;
(f) an electorate officer employed under Part 4
of the Parliamentary Administration Act
2005;".
30
38
551302B.I1-23/3/2005 BILL LA INTRODUCTION 23/3/2005
Parliamentary Administration Act 2005
Act No.
Part 6--Amendment of other Acts and Repeal of Former Act
s. 52
(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
(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
10
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
15
2005;".
Division 7--Repeal of Former Act
See:
53. Repeal of Parliamentary Officers Act 1975 Act No.
8730.
The Parliamentary Officers Act 1975 is Reprint No. 1
repealed.
20 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
__________________
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Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
Section 35
SAVING AND TRANSITIONAL PROVISIONS
5 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
10 1975;
"new Act" means the Parliamentary Administration Act
2005.
2. General transitional provision
(1) This Schedule does not affect or take away from the
15 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.
20 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
25 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
30 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
35 agreement or contract of employment, and with the same
rights to leave of absence and accrued or accruing
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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
5 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
10 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
15 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
20 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
25 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.
30 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.
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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
5 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;
10 (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.
15 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.
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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Parliamentary Administration Act 2005
Act No.
INDEX
Subject Clause
Act
amendment 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
15-17
Boards of Inquiry
8, 10
Clerk of the Legislative Assembly
See also Department Heads
8, 9
Clerk of the Legislative Council
See also Department Heads
8
Clerk of the Parliaments
4, 26, 27, Sch. 1
Definitions
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
30-31
Electorate officers
Parliamentary officers
application of other Acts to 25
deductions from salary 24, 26
definition 4
delegation to 32
dismissal 18, 23, 29
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Subject Clause
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
4, 19-20
Public Sector Standards Commissioner
19, 33-34
Regulations
53
Repeals
19-20
Review
34-35, Sch. 1
Saving and transitional provisions
11
Secretary of Department of Parliamentary Services
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
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551302B.I1-23/3/2005 BILL LA INTRODUCTION 23/3/2005
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