Parliamentary Administration Act 2005 - Victorian …FILE/05-20a012.docx · Web viewOCPC Victoria,...

Version No. 012

Parliamentary Administration Act 2005No. 20 of 2005

Version incorporating amendments as at1 July 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 13 Objects 24 Definitions 2

Part 2—Values and employment principles 5

5 Parliamentary officer values 56 Parliamentary administration employment principles 7

Part 3—Employment of Parliamentary officers 8

Division 1—Administrative Departments 8

7 Administrative Departments of the Parliament 88 Clerk of the Parliaments 8

Division 2—Department Heads 8

9 Clerk of the Legislative Council 810 Clerk of the Legislative Assembly 911 Secretary of the Department of Parliamentary Services 1012 General responsibility of Department Heads 1113 Duty to act independently in employment matters 1114 Conduct of Department Head 1115 Board of Inquiry 1116 Decision of Governor in Council on charges 1217 Incapacity of Department Head 13

Division 2A—Parliamentary Budget Office 14

17A Establishment 1417B Purpose 1417C Parliamentary Budget Officer has Department Head functions 14

Division 3—Parliamentary officers 15

18 Employment and retirement 15

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19 Review of actions 1620 Recommendations following review 1821 Employment of public servant not to affect his or her rights 1922 Transfer of Parliamentary officer not to affect his or her rights 1923 No officer to be dismissed except under Act 1924 Fines to be stopped from salary 1925 Application of Acts 19

Division 4—Financial management 20

26 Recovery of overpayments 2027 Liability in respect of loss or damage 21

Division 5—Restriction on Parliamentary officers doing other work 22

28 Restriction on Parliamentary officers doing other work 22

Division 6—Termination of employment 23

29 Termination of employment 23

Part 4—Employment of electorate officers 25

30 Employment of electorate officers 2530A Continuity of certain entitlements of former electorate officer 2531 Termination of employment 26

Part 5—Miscellaneous 27

32 Delegation 2733 Regulations 2834 Transitional regulations 3135 Saving and transitional provisions 3336 Transitional provision—repeal of Division 7 of Part 3 3337 Transitional provision—Public Administration Amendment

(Public Sector Improvement) Act 2014 33

Schedules 35

Schedule 1—Saving and transitional provisions 35

═══════════════

Endnotes 38

1 General information 38

2 Table of Amendments 40

3 Amendments Not in Operation 42

4 Explanatory details 43

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Version No. 012


Version incorporating amendments as at1 July 2017

The Parliament of Victoria enacts as follows:

Part 1—Preliminary1 Purposes

The purposes of this Act are to—

(a) provide a framework for good governance in the administration of the Parliament of Victoria;

* * * * *

* * * * *

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 subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

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S. 1(b) substituted by No. 80/2006 s. 6(1), repealed by No. 74/2009 s. 16(1).

S. 1(c) repealed by No. 80/2006 s. 6(1).

(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.

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;

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S. 3(ca) inserted by No. 80/2006 s. 6(2), repealed by No. 74/2009 s. 16(2).

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 Budget Officer has the same meaning as in the Parliamentary Budget Officer Act 2017;

Parliamentary officer means a person employed under Part 3 in any capacity and includes a Department Head other than the Parliamentary Budget Officer;

President means President of the Council;

presiding officer means—

(a) in relation to the Legislative Council—the President; and

(b) in relation to the Legislative Assembly—the Speaker;

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;

* * * * *

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S. 4(1) def. of Parliamentary Budget Officer inserted by No. 27/2017 s. 60(a).

S. 4(1) def. of Parliamentary officer amended by No. 27/2017 s. 60(b).

S. 4(1) def. of presiding officer inserted by No. 37/2013 s. 11.

S. 4(1) def. of Public Sector Standards Commis-sioner repealed by No. 6/2014 s. 17(1)(a).

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 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;

Victorian Public Sector Commission means the Victorian Public Sector Commission established under section 37 of the Public Administration Act 2004.

(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.

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S. 4(1) def. of third party amended by No. 6/2014 s. 17(1)(b).

S. 4(1) def. of Victorian Public Sector Commission inserted by No. 6/2014 s. 17(1)(c).

Part 2—Values and employment principles5 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;

Part 1—Preliminary


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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 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 subsection (3), a Department Head must promote the values set out in subsection (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.



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(3) Nothing in subsection (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.



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Part 3—Employment of Parliamentary officers

Division 1—Administrative Departments7 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 Heads9 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.



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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

(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.



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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 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 subsection (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.



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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 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—



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the Governor in Council may appoint a Board of Inquiry to inquire as to the truth of the charges.

(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



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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 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.

Division 2A—Parliamentary Budget Office

Pt 3 Div. 2A (Heading and ss 17A–17C) inserted by No. 27/2017 s. 61.



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17A Establishment

The Parliamentary Budget Office is established as an administrative office of the Parliament.

17B Purpose

The purpose of the Parliamentary Budget Office is to enable the Parliamentary Budget Officer to perform the Officer's functions.

17C Parliamentary Budget Officer has Department Head functions

(1) Despite anything to the contrary in this Act, the Parliamentary Budget Officer has all the functions of a Department Head in relation to Parliamentary officers employed in the Parliamentary Budget Office.

(2) This Act applies to the Parliamentary Budget Office as if a reference in this Act to—

(a) a Department were a reference to the Parliamentary Budget Office; and

(b) a Parliamentary officer were a reference to a Parliamentary officer in the Parliamentary Budget Office; and

(c) a Department Head were a reference to the Parliamentary Budget Officer.

(3) However, nothing in Division 2 (except section 13) applies to the Parliamentary Budget Officer.

S. 17A inserted by No. 27/2017 s. 61.

S. 17B inserted by No. 27/2017 s. 61.

S. 17C inserted by No. 27/2017 s. 61.



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Division 3—Parliamentary officers18 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 subsection (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;



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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 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 62 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 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(1) amended by No. 6/2014 s. 17(2).

S. 19(2) amended by No. 6/2014 s. 17(3).



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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

(v) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010; or

(vi) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010;

(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 accompanied by a legal practitioner or other person;

(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 Victorian Public Sector Commission in specified circumstances;

(f) provide for an application for a review to be referred to the Victorian Public Sector Commission in specified circumstances on

S. 19(3)(a)(v) substituted by No. 16/2010 s. 209(Sch. item 5.1).

S. 19(3)(a)(vi) substituted by No. 16/2010 s. 209(Sch. item 5.2).

S. 19(3)(b) amended by No. 6/2014 s. 17(4).

S. 19(3)(e) amended by No. 6/2014 s. 17(5).

S. 19(3)(f) amended by No. 6/2014 s. 17(5).



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completion of an initial review within the Department in which the Parliamentary officer is employed;

(g) provide for the powers available to the Victorian Public Sector Commission 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 Victorian Public Sector Commission to hold a formal hearing on a review; and

(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 Victorian Public Sector Commission) 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 subsection (1), recommendations under that subsection may include a recommendation that—

(a) a decision be reconsidered; or

(b) processes within the Department be changed.

(3) If the appropriate Department Head has not adopted a recommendation made in a report on a review within 14 days after receiving the report, he or she must, within 14 days after the end of that period, provide a written statement of the reasons for not adopting the recommendation to the

S. 19(3)(g) amended by No. 6/2014 s. 17(5).

S. 19(4)(a) amended by No. 6/2014 s. 17(5)(6).

S. 20(1) amended by No. 6/2014 s. 17(7).

S. 20(3) amended by No. 6/2014 s. 17(8).



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Victorian Public Sector Commission, the applicant for the review and any other person affected by the recommendation.

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.



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Division 4—Financial management26 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 subsection (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.



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(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) Subsection (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 subsection (2), the Department Head may direct that an investigation be held.

(4) An investigation for the purposes of subsection (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.



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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 Reform Act 2012.

S. 28(4)(b) amended by No. 20/2012 s. 226(Sch. 5 item 20).



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Division 6—Termination of employment29 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 subsection (1) must be exercised as set out in section 18(3).

* * * * *

Pt 3 Div. 7 (Heading and ss 29A–29X) inserted by No. 80/2006 s. 5, repealed by No. 24/2009 s. 39.



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Part 4—Employment of electorate officers30 Employment of electorate officers

(1) The presiding officers, 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 subsection (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 presiding officers, acting jointly.

(3) The Public Administration Act 2004 does not apply to a person employed under this Part.

(4) Despite subsection (2), the duties and responsibilities of a person employed as an electorate officer are to be determined by the member who nominated that person.

30A Continuity of certain entitlements of former electorate officer

If within the period of 12 months after ceasing to be employed as an electorate officer, a person becomes employed—

(a) as a public sector employee within the meaning of section 4 of the Public Administration Act 2004; or

(b) as a Ministerial officer under section 98 of the Public Administration Act 2004; or

(c) as a Parliamentary adviser under section 99 of the Public Administration Act 2004—

the period of service as an electorate officer is to be recognised in determining any entitlements accruing as a result of becoming so employed in respect of which continuity of service is relevant

S. 30(1) amended by No. 37/2013 s. 12(1).

S. 30(2) amended by No. 37/2013 s. 12(2).

S. 30(4) inserted by No. 37/2013 s. 12(3).

S. 30A inserted by No. 37/2013 s. 13.



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unless the entitlement was paid out upon ceasing to be employed as an electorate officer.

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 presiding officers, acting jointly, from the date of death or cessation for a specified period; or

(b) within 4 weeks, or any longer period that the presiding officers 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(2)(a) amended by No. 37/2013 s. 14(a).

S. 31(2)(b) amended by No. 37/2013 s. 14(b).



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Part 5—Miscellaneous32 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


(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—



27

(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


(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 subsection (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



28

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



29

(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 subparagraphs (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 subparagraphs (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



30

(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



31

(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



32

(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.

36 Transitional provision—repeal of Division 7 of Part 3

Any application begun but not completed under Division 7 of Part 3 immediately before the repeal of the Division by section 39 of the Fair Work (Commonwealth Powers) Act 2009 may be continued and completed in accordance with that Division, as if that Division were still in operation.

37 Transitional provision—Public Administration Amendment (Public Sector Improvement) Act 2014

A review of an employment related action conducted by the Public Sector Standards Commissioner under section 19 that is not completed before the day on which Part 2 of the Public Administration Amendment (Public Sector Improvement) Act 2014 comes into operation must be continued on and after that day by the Victorian Public Sector Commission.

New s. 36 inserted by No. 24/2009 s. 40.

New s. 37 inserted by No. 6/2014 s. 18.



33

* * * * *

Pt 6 (Heading and ss 36–53) repealed by No. 80/2006 s. 25.



34

Schedules

Schedule 1—Saving and transitional provisions

Section 35

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 Clerkof 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



35

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 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.



36

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.

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.

═══════════════



37

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

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."

The Parliamentary Administration Act 2005 was assented to on 24 May 2005 and came into operation as follows:

Section 50 on 21 December 2004: section 2(2); sections 1, 2, 38, 39 and 42 on 25 May 2005: section 2(1); rest of Act on 1 July 2005: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in



38

http://www.legislation.vic.gov.au/

a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).



39

2 Table of AmendmentsThis publication incorporates amendments made to the Parliamentary Administration Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06Commencement Date: Ss 5, 6, 25 on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s

amending the Parliamentary Administration Act 2005

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009Assent Date: 17.6.09Commencement Date: Ss 39, 40 on 1.7.09: Special Gazette (No. 227) 1.7.09

p. 1Current State: This information relates only to the provision/s


Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009Assent Date: 1.12.09Commencement Date: S. 16 on 1.1.10: Government Gazette 10.12.09 p. 3215Current State: This information relates only to the provision/s


Equal Opportunity Act 2010, No. 16/2010Assent Date: 27.4.10Commencement Date: S. 209(Sch. item 5) on 1.8.11: s. 2(4)Current State: This information relates only to the provision/s


Associations Incorporation Reform Act 2012, No. 20/2012Assent Date: 1.5.12Commencement Date: S. 226(Sch. 5 item 20) on 26.11.12: Special Gazette

(No. 384) 20.11.12 p. 1Current State: This information relates only to the provision/s


Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013

Assent Date: 18.6.13Commencement Date: Ss 11–14 on 1.7.13: s. 2Current State: This information relates only to the provision/s




40

Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014

Assent Date: 11.2.14Commencement Date: Ss 17, 18 on 1.4.14: Special Gazette (No. 65) 4.3.14

p. 1Current State: This information relates only to the provision/s


Parliamentary Budget Officer Act 2017, No. 27/2017Assent Date: 27.6.17Commencement Date: Ss 60, 61 on 1.7.17: s. 2(2)Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



42

4 Explanatory detailsNo entries at date of publication.



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