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Queensland
PARLIAMENTARY
COMMITTEES BILL 1995
Queensland
PARLIAMENTARY COMMITTEES BILL
1995
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Main object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--COMMITTEES OF THE LEGISLATIVE ASSEMBLY
4 Establishment of statutory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Act does not limit Assembly's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Application of Act to committees established by Assembly etc. . . . . . . . . 7
PART 3--ROLE OF STATUTORY COMMITTEES
7 Purpose of pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Role of statutory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 4--AREAS OF RESPONSIBILITY OF STATUTORY
COMMITTEES
Division 1--Legal, Constitutional and Administrative Review
Committee
9 Areas of responsibility of Legal, Constitutional and
Administrative Review Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Administrative review reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Constitutional reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Electoral reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Legal reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Members' Ethics and Parliamentary Privileges
Committee
14 Areas of responsibility of Members' Ethics and Parliamentary
Privileges Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Parliamentary Committees
15 Ethical conduct--registration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Ethical conduct--code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Parliamentary privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 3--Public Accounts Committee
18 Area of responsibility of Public Accounts Committee . . . . . . . . . . . . . . . . . 12
19 Reference of issues to Auditor-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--Public Works Committee
20 Areas of responsibility of Public Works Committee . . . . . . . . . . . . . . . . . . . 13
21 Meaning of "constructing authority" for work . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 5--Scrutiny of Legislation Committee
22 Area of responsibility of Scrutiny of Legislation Committee . . . . . . . . . . . . 15
Division 6--Standing Orders Committee
23 Area of responsibility of Standing Orders Committee . . . . . . . . . . . . . . . . . 16
PART 5--MINISTERIAL RESPONSE TO REPORTS BY
COMMITTEES
24 Ministerial response to committee reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 6--GENERAL POWERS OF COMMITTEES
25 Powers to call for persons etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Privilege against self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 7--PROVISIONS ABOUT PUBLIC WORKS COMMITTEE
27 Issues to which committee may have regard . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Entry and inspection of places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Restriction on procurement of capital works project . . . . . . . . . . . . . . . . . . 20
30 Dealing with commercially sensitive information in private session . . . . . 21
31 Reporting commercially sensitive information to Assembly . . . . . . . . . . . . 21
PART 8--OTHER PROVISIONS ABOUT STATUTORY
COMMITTEES
32 Issues dealt with by previously constituted committees . . . . . . . . . . . . . . . . 22
33 Annual report of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 9--REPEALS, AMENDMENTS AND TRANSITIONAL
PROVISIONS
34 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Parliamentary Committees
36 Legal, Constitutional and Administrative Review Committee to
take over unfinished issues from Parliamentary Committee for Electoral
and Administrative Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Legal, Constitutional and Administrative Review Committee to
take over unfinished issues from Parliamentary Criminal Justice
Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Public Accounts Committee to take over from Parliamentary
Committee of Public Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Public Works Committee to take over from Parliamentary
Committee of Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
40 Scrutiny of Legislation Committee to take over from Committee
of Subordinate Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 25
ACTS AMENDED
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . . . . . . 27
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 28
LEGISLATIVE STANDARDS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PARLIAMENTARY COMMISSIONER ACT 1974 . . . . . . . . . . . . . . . . . . . 31
PARLIAMENTARY PAPERS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PARLIAMENTARY SERVICE ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PUBLIC SECTOR ETHICS ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 46
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 47
DICTIONARY
1995
A BILL
FOR
An Act to provide for certain committees of the Legislative Assembly,
and for other purposes
s1 6 s3
Parliamentary Committees
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Parliamentary Committees Act 1995. 4
object of Act and its achievement 5
Main
2.(1) The main object of this Act is to enhance the accountability of 6
public administration in Queensland. 7
(2) The Act's main object is to be achieved by establishing committees 8
of the Legislative Assembly with areas of responsibility that include-- 9
(a) administrative review reform, and constitutional, electoral and 10
legal reform; and 11
(b) the ethical conduct of members and parliamentary privileges; and 12
(c) the integrity, economy, efficiency and effectiveness of 13
Government financial management; and 14
(d) certain works undertaken by or for Government; and 15
(e) the application of fundamental legislative principles to particular 16
Bills and subordinate legislation and the lawfulness of particular 17
subordinate legislation; and 18
(f) the Assembly's standing orders. 19
dictionary 20
Definitions--the
3. The dictionary in schedule 2 defines particular words used in this Act.1 21
1 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
s4 7 s6
Parliamentary Committees
PART 2--COMMITTEES OF THE LEGISLATIVE 1
ASSEMBLY 2
of statutory committees 3
Establishment
4. The following committees of the Legislative Assembly (the 4
"statutory committees") are established-- 5
· Legal, Constitutional and Administrative Review Committee 6
· Members' Ethics and Parliamentary Privileges Committee 7
· Public Accounts Committee 8
· Public Works Committee 9
· Scrutiny of Legislation Committee 10
· Standing Orders Committee. 11
does not limit Assembly's powers 12
Act
5. The Legislative Assembly's power to establish committees, and 13
confer functions and powers on committees (including statutory 14
committees), is not limited by this Act. 15
16
Example--
17
The Assembly may, by resolution, establish a standing or select committee.
of Act to committees established by Assembly etc. 18
Application
6.(1) Although this Act is mainly about statutory committees, the 19
following sections also apply to committees established by the Legislative 20
Assembly-- 21
· section 24 (Ministerial response to committee reports) 22
· section 25 (Powers to call for persons etc.) 23
· section 26 (Privilege against self-incrimination). 24
(2) However, the sections apply to a committee established by the 25
Assembly subject to any resolution of the Assembly. 26
s7 8 s8
Parliamentary Committees
(3) Also, this Act applies to the Legal, Constitutional and Administrative 1
Review Committee subject to the Criminal Justice Act 1989. 2
ART 3--ROLE OF STATUTORY COMMITTEES 3
P
urpose of pts 3 and 4 4
P
7.(1) This part sets out the role of statutory committees for their areas of 5
responsibility. 6
(2) Part 4 sets out the areas of responsibility for each statutory 7
committee. 8
of statutory committees 9
Role
8.(1) The main role of a statutory committee is to deal with issues within 10
its areas of responsibility. 11
(2) The committee is to also deal with an issue referred to the committee 12
by the Legislative Assembly or under another Act, whether or not the issue 13
is within its areas of responsibility. 14
(3) The committee may deal with an issue by-- 15
(a) considering it; and 16
(b) reporting on it, and making recommendations about it, to the 17
Legislative Assembly. 18
s9 9 s 10
Parliamentary Committees
ART 4--AREAS OF RESPONSIBILITY OF 1
P
STATUTORY COMMITTEES 2
1--Legal, Constitutional and Administrative Review Committee 3
Division
of responsibility of Legal, Constitutional and Administrative 4
Areas
Review Committee 5
9. The Legal, Constitutional and Administrative Review Committee has 6
the following areas of responsibility-- 7
· administrative review reform 8
· constitutional reform 9
· electoral reform 10
· legal reform. 11
review reform 12
Administrative
10.(1) The committee's area of responsibility about administrative 13
review reform includes considering legislation, or provisions of legislation, 14
about-- 15
(a) access to information; or 16
(b) review of administrative decisions; or 17
(c) anti-discrimination; or 18
(d) equal employment opportunity. 19
(2) The committee's area of responsibility does not include-- 20
(a) investigating particular conduct; or 21
(b) reconsidering or reviewing a decision to investigate, conciliate or 22
review, not to investigate, conciliate or review or to discontinue 23
investigation, conciliation or review of a particular complaint or 24
decision; or 25
(c) reconsidering or reviewing reports, findings, recommendations or 26
decisions in relation to a particular investigation, complaint or 27
s 11 10 s 14
Parliamentary Committees
decision or in relation to particular conduct the subject of a report 1
under the Parliamentary Commissioner Act 1974, section 24(6).2 2
reform 3
Constitutional
11. The committee's area of responsibility about constitutional reform 4
includes any Bill expressly or impliedly repealing any law relevant to the 5
State's constitution. 6
reform 7
Electoral
12. The committee's area of responsibility about electoral reform 8
includes monitoring generally the conduct of elections under the Electoral 9
Act 1992 and the capacity of the Electoral Commission to conduct elections. 10
reform 11
Legal
13. The committee's area of responsibility about legal reform includes-- 12
(a) recognition of Aboriginal tradition and Island custom under 13
Queensland law; and 14
(b) proposed national scheme legislation referred to the committee by 15
the Legislative Assembly. 16
Division 2--Members' Ethics and Parliamentary Privileges Committee 17
of responsibility of Members' Ethics and Parliamentary 18
Areas
Privileges Committee 19
14. The Members' Ethics and Parliamentary Privileges Committee has 20
the following areas of responsibility-- 21
2 The Parliamentary Commissioner Act 1974, section 24(6) allows the
Parliamentary Commissioner for Administrative Investigations to cause a report
to be tabled in the Legislative Assembly if it appears to the commissioner that
no steps that seem to be appropriate have been taken within a reasonable time of
the making of a report or recommendation after investigation.
s 15 11 s 16
Parliamentary Committees
· the ethical conduct of members 1
· parliamentary privilege. 2
conduct--registration of interests 3
Ethical
15. The committee's area of responsibility about the ethical conduct of 4
members includes-- 5
(a) examining the arrangements, under resolutions of the Legislative 6
Assembly, for compiling, keeping and allowing inspection of-- 7
(i) a register of the interests of members; and 8
(ii) a register of the interests of persons related to a member; and 9
(b) considering proposals made by members and other persons about 10
the form and content of the registers and documents relevant to 11
the registers, including statements of interests to be made by 12
members; and 13
(c) considering complaints referred to the committee about the failure 14
to register particular interests; and 15
(d) considering the classes of persons who should be treated as 16
related to a member; and 17
(e) considering any other issue about the registration of interests. 18
conduct--code of conduct 19
Ethical
16.(1) The committee's area of responsibility about the ethical conduct of 20
members includes-- 21
(a) recommending to the Legislative Assembly a proposed code of 22
conduct for members (other than members in their capacity as 23
Ministers); and 24
(b) recommending to the Assembly a procedure for complaints about 25
a member not complying with the code of conduct adopted by the 26
Assembly, including, for example, the persons who may make 27
complaints, or the persons who must refer complaints, to the 28
committee; and 29
(c) considering complaints against particular members for failing to 30
s 17 12 s 18
Parliamentary Committees
comply with the code of conduct, reporting to the Assembly 1
about complaints and recommending action by the Assembly. 2
(2) In recommending a proposed code of conduct for members to the 3
Legislative Assembly, the committee must have regard to-- 4
(a) the ethics principles and obligations set out in the Public Sector 5
Ethics Act 1994; and 6
(b) the desirability of consistency between standards in the code of 7
conduct and the ethics principles and obligations, to the extent the 8
principles and obligations are relevant to members and their 9
functions. 10
(3) A complaint about a member not complying with the code of conduct 11
for members may be considered only by the Legislative Assembly or the 12
committee. 13
(4) Subsection (3) has effect despite any other law, but the subsection 14
does not apply to a court, tribunal or other entity if the entity may, under a 15
law, consider an issue and the issue that is considered involves the 16
commission, or claimed or suspected commission, of a criminal offence. 17
privilege 18
Parliamentary
17. The committee's area of responsibility about parliamentary privilege 19
includes the privileges of the Legislative Assembly and its committees and 20
members. 21
Division 3--Public Accounts Committee 22
of responsibility of Public Accounts Committee 23
Area
18. The Public Accounts Committee's area of responsibility is to assess 24
the integrity, economy, efficiency and effectiveness of Government 25
financial management by-- 26
(a) examining Government financial documents; and 27
(b) considering the annual and other reports of the Auditor-General. 28
s 19 13 s 20
Parliamentary Committees
of issues to Auditor-General 1
Reference
19. The committee may refer issues within its area of responsibility to 2
the Auditor-General for consideration. 3
4--Public Works Committee 4
Division
of responsibility of Public Works Committee 5
Areas
20.(1) The Public Works Committee's areas of responsibility are-- 6
(a) works ("public works") undertaken by an entity that is a 7
constructing authority for the work if the committee decides to 8
consider the work; and 9
(b) major GOC works referred to the committee by the Legislative 10
Assembly. 11
(2) In deciding whether to consider a public work, the committee may 12
have regard to-- 13
(a) the stated purpose of the work and the apparent suitability of the 14
work for the purpose; and 15
(b) the necessity for, and the advisability of, the work; and 16
(c) value for money achieved, or likely to be achieved, by the work; 17
and 18
(d) revenue produced by, and recurrent costs of, the work or 19
estimates of revenue and costs for the work; and 20
(e) the present and prospective public value of the work, including, 21
for example, consideration of the impact of the work on the 22
community, economy and environment; and 23
(f) procurement methods for the work; and 24
(g) the balance of public and private sector involvement in the work; 25
and 26
(h) the performance of-- 27
(i) the constructing authority for the work; and 28
(ii) the consultants and contractors for the work; 29
s 21 14 s 21
Parliamentary Committees
with particular regard to the time taken for finishing the work and 1
the cost and quality of it; and 2
(i) the actual suitability of the work in meeting the needs and in 3
achieving the stated purpose of the work. 4
of "constructing authority" for work 5
Meaning
21.(1) An entity is a constructing authority for a work if the entity is the 6
State or a department. 7
(2) An entity is also a constructing authority for a work if-- 8
(a) the entity is established under an Act, or under State or local 9
government authorisation for a public, State or local government 10
purpose; and 11
(b) the work is funded from-- 12
(i) the public accounts; or 13
(ii) the proceeds of a financial arrangement within the meaning 14
of the Statutory Bodies Financial Arrangements Act 1982. 15
(3) In addition, a GOC is a constructing authority for a work if the work 16
is undertaken specifically or substantially for a community service 17
obligation of the GOC. 18
(4) Also, an entity (a "commercial entity") is a constructing authority 19
for a work if, under an agreement for the work-- 20
(a) the State or another entity representing the State-- 21
(i) has, or will or may have, a financial liability or interest; or 22
(ii) has granted, or will or may grant-- 23
(A) land, or an interest in land; or 24
(B) another right, privilege, monopoly, concession, 25
franchise or interest; or 26
(iii) has contributed, or will or may contribute, resources of any 27
kind; and 28
(b) the work has become, or will or may become, the absolute 29
property of the State or another entity representing the State. 30
s 22 15 s 22
Parliamentary Committees
(5) A GOC is a constructing authority for major GOC works referred to 1
the committee by the Legislative Assembly. 2
Division 5--Scrutiny of Legislation Committee 3
of responsibility of Scrutiny of Legislation Committee 4
Area
22.(1) The Scrutiny of Legislation Committee's area of responsibility is 5
to consider-- 6
(a) the application of fundamental legislative principles3 to particular 7
Bills and particular subordinate legislation; and 8
(b) the lawfulness of particular subordinate legislation; 9
by examining all Bills and subordinate legislation.4 10
(2) The committee's area of responsibility includes monitoring generally 11
the operation of-- 12
(a) the following provisions of the Legislative Standards Act 1992-- 13
· section 4 (Meaning of "fundamental legislative principles") 14
· part 4 (Explanatory notes); and 15
(b) the following provisions of the Statutory Instruments Act 1992-- 16
· section 9 (Meaning of "subordinate legislation") 17
· part 5 (Guidelines for regulatory impact statements) 18
· part 6 (Procedures after making of subordinate legislation) 19
· part 7 (Staged automatic expiry of subordinate legislation) 20
3 "Fundamental legislative principles" are the principles relating to legislation
that underlie a parliamentary democracy based on the rule of law (Legislative
Standards Act 1992, section 4(1)). The principles include requiring that
legislation has sufficient regard to rights and liberties of individuals and the
institution of Parliament.
4 A member of the Legislative Assembly, including any member of the Scrutiny of
Legislation Committee, may give notice of a disallowance motion under the
Statutory Instruments Act 1992, section 50.
s 23 16 s 24
Parliamentary Committees
· part 8 (Forms) 1
· part 10 (Transitional). 2
Division 6--Standing Orders Committee 3
of responsibility of Standing Orders Committee 4
Area
23. The Standing Orders Committee's area of responsibility is standing 5
orders about the conduct of business by, and the practices and the 6
procedures of, the Legislative Assembly and its committees. 7
PART 5--MINISTERIAL RESPONSE TO REPORTS 8
BY COMMITTEES 9
response to committee reports 10
Ministerial
24.(1) This section applies if a report of a committee of the Legislative 11
Assembly (other than the Scrutiny of Legislation Committee) recommends 12
the Government or a Minister should take particular action, or not take 13
particular action, about an issue. 14
(2) The Minister who is responsible for the issue the subject of the report 15
must provide the Legislative Assembly with a response. 16
(3) The response must set out-- 17
(a) any recommendations to be adopted, and the way and time within 18
which they will be carried out; and 19
(b) any recommendations not to be adopted and the reasons for not 20
adopting them. 21
(4) The Minister must table the response within 3 months after the report 22
is tabled. 23
(5) If a Minister cannot comply with subsection (4), the Minister must-- 24
(a) within 3 months after the report is tabled, table an interim 25
response and the Minister's reasons for not complying within 26
s 25 17 s 26
Parliamentary Committees
3 months; and 1
(b) within 6 months after the report is tabled, table the response. 2
(6) If the Legislative Assembly is not sitting, the Minister must give the 3
response (or interim response and reasons) to the Clerk of the Parliament 4
for tabling on the next sitting day. 5
(7) Subsection (1) does not prevent a Minister providing a response to a 6
recommendation in a report of the Scrutiny of Legislation Committee if it is 7
practicable for the Minister to provide the response having regard to the 8
nature of the recommendation and the time when the report is made. 9
10
Example--
11
If the committee recommends that a Bill be amended because, in the
12
committee's opinion, it does not have sufficient regard to fundamental legislative
13
principles and the Bill has not been passed by the Legislative Assembly, it may be
14
practicable for the Minister to provide a response.
(8) This section does not apply to an annual report of a committee. 15
ART 6--GENERAL POWERS OF COMMITTEES 16
P
to call for persons etc. 17
Powers
25.(1) The Public Accounts Committee and Public Works Committee 18
are, by this subsection, authorised to call for persons, documents and other 19
things. 20
(2) The Legislative Assembly may, by resolution, authorise another 21
committee of the Assembly to call for persons, documents and other things. 22
against self-incrimination 23
Privilege
26.(1) This section applies if-- 24
(a) the Public Accounts Committee or Public Works Committee 25
calls for persons, documents or other things; or 26
(b) the Legislative Assembly authorises a committee to call for 27
persons, documents or other things. 28
s 26 18 s 26
Parliamentary Committees
(2) If a person appearing before the committee does not-- 1
(a) answer a question asked by the committee; or 2
(b) produce a document or thing the committee asked the person to 3
produce to it; 4
the chairperson of the committee may require the person to comply with the 5
request. 6
(3) However, the person need not comply with the requirement if-- 7
(a) the person objects to answering the question, or producing the 8
thing, because answering the question, or producing the thing, 9
might tend to incriminate the person; and 10
(b) the person would have a claim of privilege against 11
self-incrimination in a Supreme Court action if the person were 12
asked the question or asked to produce the thing. 13
(4) If a person does not comply with a request to appear before the 14
committee or a requirement to answer a question or produce a document, 15
the committee may report the failure to comply to the Legislative 16
Assembly. 17
(5) The Legislative Assembly may order a person to appear before a 18
committee and answer any or particular questions, or produce any or 19
particular documents or other things. 20
(6) In deciding whether to make an order under subsection (5), the 21
Legislative Assembly must have regard to-- 22
(a) the public interest in having the questions answered before the 23
committee or the documents or other things produced to the 24
committee; and 25
(b) the public interest in providing appropriate protection to 26
individuals against self-incrimination. 27
(7) A person to whom an order under subsection (5) is directed must 28
comply with the order despite subsection (3). 29
(8) An order may be made under subsection (5) for a class of persons, 30
including persons who have not appeared, or been asked to appear, before a 31
committee. 32
(9) Evidence may not be given in any proceeding of an answer given by 33
s 27 19 s 28
Parliamentary Committees
a person before a committee or the fact that a person produced a document 1
or other thing to a committee. 2
(10) However, subsection (9) does not apply to-- 3
(a) a proceeding before the Legislative Assembly or a committee of 4
the Assembly; or 5
(b) a criminal proceeding about the falsity, or the misleading, 6
threatening or offensive nature, of the answer, document or other 7
thing. 8
PART 7--PROVISIONS ABOUT PUBLIC WORKS 9
COMMITTEE 10
to which committee may have regard 11
Issues
27. In considering a work, the Public Works Committee may have 12
regard to the issues mentioned in section 20(2)(a) to (i).5 13
and inspection of places 14
Entry
28.(1) The Public Works Committee may authorise a committee 15
member or anyone else (the "authorised person") to enter and inspect a 16
place where a work that the committee is considering is proposed to be, is 17
being or has been carried out. 18
(2) The authorised person may inspect anything in the place relevant to 19
the work. 20
(3) Nothing in subsection (1) prevents the committee from authorising 21
all members of the committee to enter and inspect the place. 22
(4) However, the authorised person may enter the place only if the 23
committee or authorised person gives reasonable written notice about the 24
entry to the chief executive of the constructing authority for the work. 25
5 Section 20(2)(a) to (i) sets out issues to which the committee may have regard
in deciding whether to consider a public work.
s 29 20 s 29
Parliamentary Committees
(5) On being given the notice, the chief executive must promptly make 1
arrangements for the entry, including, for example, obtaining the consent of 2
the following-- 3
(a) if the place is occupied--the occupier of the place; 4
(b) if the place is not occupied--the owner of the place. 5
(6) The arrangements must ensure proper regard is given to safety. 6
(7) The authorised person may enter and inspect the place without the 7
consent mentioned in subsection (5) if the chief executive attempted to 8
obtain the consent, but-- 9
(a) the attempt was unsuccessful (whether because the occupier or 10
owner refused consent or otherwise); and 11
(b) the chief executive gave written notice about the entry (of at least 12
7 days) to the occupier or owner. 13
(8) In this section-- 14
"building" includes any structure. 15
"chief executive", of a constructing authority, includes its chief executive 16
officer, however called. 17
"place" includes premises. 18
"premises" includes-- 19
(a) a building; and 20
(b) a part of a building; and 21
(c) land where a building is situated. 22
on procurement of capital works project 23
Restriction
29.(1) This section applies if the Legislative Assembly-- 24
(a) refers a work to the Public Works Committee; and 25
(b) directs that procurement for the work must not start until the 26
committee has considered the work and reported to the Assembly 27
about it. 28
(2) The work must not start or further proceed until the committee's 29
s 30 21 s 31
Parliamentary Committees
report is tabled in the Legislative Assembly and considered by it. 1
(3) This section applies despite any other Act. 2
with commercially sensitive information in private session 3
Dealing
30.(1) This section applies if, while considering a work, it appears to the 4
Public Works Committee that confidential information may be given to the 5
committee in a public hearing and publication of the information at the 6
hearing could-- 7
(a) have a serious effect on the commercial interests of a GOC or 8
commercial entity; or 9
(b) reveal trade secrets of a GOC or commercial entity. 10
(2) The committee must deal with the information in private session. 11
(3) This section does not limit any other power of a committee to deal 12
with an issue in private session. 13
commercially sensitive information to Assembly 14
Reporting
31.(1) This section applies if the Public Works Committee considers that 15
information obtained by the committee while considering a work could, if 16
reported to the Legislative Assembly-- 17
(a) have a serious effect on the commercial interests of a GOC or 18
commercial entity; or 19
(b) reveal trade secrets of a GOC or commercial entity. 20
(2) The committee may report the information to the Legislative 21
Assembly only if it considers it is in the public interest to report the 22
information. 23
s 32 22 s 33
Parliamentary Committees
PART 8--OTHER PROVISIONS ABOUT 1
STATUTORY COMMITTEES 2
dealt with by previously constituted committees 3
Issues
32.(1) If the composition of a statutory committee changes before it 4
finishes dealing with an issue, the newly constituted committee may 5
continue and finish dealing with the issue as if it had dealt with the issue 6
from the beginning. 7
8
Example--
9
Evidence given to the previous committee may be taken to have been given to
10
the newly constituted committee.
(2) Subsection (1) applies even if the committees are constituted during 11
different Parliaments. 12
report of committee 13
Annual
33.(1) As soon as practicable after the end of each financial year, the 14
chairperson of each statutory committee must table in the Legislative 15
Assembly a report about the committee's activities during the year. 16
(2) The report must include-- 17
(a) a list of meetings of the committee and the names of members 18
attending or absent from each meeting; and 19
(b) a summary of issues considered by the committee, including a 20
description of the more significant issues arising from the 21
considerations; and 22
(c) a statement of the committee's revenue and spending for the year; 23
and 24
(d) a brief description of responses by Ministers to recommendations 25
of the committee. 26
s 34 23 s 36
Parliamentary Committees
PART 9--REPEALS, AMENDMENTS AND 1
TRANSITIONAL PROVISIONS 2
3
Repeals
34. The following Acts are repealed-- 4
· Electoral and Administrative Review Act 1989 No. 106 5
· Electoral and Administrative Review Amendment Act 1993 6
No. 1 7
· Electoral and Administrative Review Commission Act 1989 8
No. 70 9
· Public Accounts Committee Act 1988 No. 84 10
· Public Works Committee Act 1989 No. 27. 11
mendments 12
A
35. Schedule 1 amends the Acts it mentions. 13
Constitutional and Administrative Review Committee to take 14
Legal,
over unfinished issues from Parliamentary Committee for Electoral 15
and Administrative Review 16
36.(1) This section applies if the Parliamentary Committee for Electoral 17
and Administrative Review has not tabled a report about a report of the 18
Electoral and Administrative Review Commission. 19
(2) The Legal, Constitutional and Administrative Review Committee 20
may deal with the Commission's report in the place of the Parliamentary 21
Committee for Electoral and Administrative Review and, for the purpose, 22
has all the powers that committee had immediately before the 23
commencement of this section. 24
s 37 24 s 41
Parliamentary Committees
Constitutional and Administrative Review Committee to take 1
Legal,
over unfinished issues from Parliamentary Criminal Justice 2
Committee 3
37.(1) This section applies if the Parliamentary Criminal Justice 4
Committee has not tabled a report about an issue it started considering. 5
(2) The Legal, Constitutional and Administrative Review Committee 6
may deal with the issue as if it had dealt with the issue from the beginning. 7
Accounts Committee to take over from Parliamentary 8
Public
Committee of Public Accounts 9
38.(1) This section applies if the Parliamentary Committee of Public 10
Accounts has not tabled a report about an issue it started considering. 11
(2) The Public Accounts Committee may deal with the issue as if it had 12
dealt with the issue from the beginning. 13
Works Committee to take over from Parliamentary Committee 14
Public
of Public Works 15
39.(1) This section applies if the Parliamentary Committee of Public 16
Works has not tabled a report about an issue it started considering. 17
(2) The Public Works Committee may deal with the issue as if it had 18
dealt with the issue from the beginning. 19
of Legislation Committee to take over from Committee of 20
Scrutiny
Subordinate Legislation 21
40.(1) This section applies if the Committee of Subordinate Legislation 22
has not tabled a report about an issue it started considering. 23
(2) The Scrutiny of Legislation Committee may deal with the issue as if 24
it had dealt with the issue from the beginning. 25
of part 26
Expiry
41. This part expires 1 year after it commences. 27
28
25
Parliamentary Committees
CHEDULE 1 1
¡S
ACTS AMENDED 2
section 35 3
CRIMINAL JUSTICE ACT 1989 4
´
1. Section 4(1), definition "Parliamentary Committee"-- 5
omit. 6
2. Section 4(1)-- 7
insert-- 8
` "parliamentary committee" means the Legal, Constitutional and 9
Administrative Review Committee of the Legislative Assembly.'. 10
3. Section 65(1), `chairperson of the Parliamentary Service 11
Commission'-- 12
omit, insert-- 13
`speaker'. 14
4. Part 4, division 1-- 15
omit. 16
5. Part 4, division 2, heading-- 17
omit. 18
26
Parliamentary Committees
SCHEDULE 1 (continued)
6. Section 118-- 1
insert-- 2
`(3) Without limiting subsection (2)(a), the parliamentary committee has 3
power to-- 4
(a) call for persons, documents and other things; and 5
(b) administer oaths to witnesses; and 6
(c) examine witnesses on oath.'. 7
LECTORAL ACT 1992 8
´E
1. Section 3-- 9
insert-- 10
` "parliamentary committee" means the Legal, Constitutional and 11
Administrative Review Committee of the Legislative Assembly.'. 12
2. Section 7(7) and (8)-- 13
omit, insert-- 14
`(7) A person may be appointed as the chairperson or non-judicial 15
appointee only if the Minister has consulted with the parliamentary 16
committee about-- 17
(a) the process of selection for appointment; and 18
(b) the appointment of the person as the chairperson or non-judicial 19
appointee.'. 20
3. Section 23(8)-- 21
omit. 22
27
Parliamentary Committees
SCHEDULE 1 (continued)
4. Section 23(3) to (7)-- 1
renumber as section 23(4) to (8). 2
5. Section 23(2)-- 3
omit, insert-- 4
`(2) A person may be appointed as a senior electoral officer only if-- 5
(a) press advertisements have been placed nationally calling for 6
applications from suitably qualified persons to be considered for 7
appointment; and 8
(b) the Minister has consulted with the parliamentary committee 9
about-- 10
(i) the process of selection for appointment; and 11
(ii) the appointment of the person as the senior electoral officer. 12
`(3) Subsection (2)(a) and (b)(i) does not apply to the reappointment of a 13
person as a senior electoral officer.'. 14
FINANCIAL ADMINISTRATION AND AUDIT 15
´
ACT 1977 16
1. Section 5(1), definition "Parliamentary Committee"-- 17
omit, insert-- 18
` "parliamentary committee" means the Public Accounts Committee of 19
the Legislative Assembly.'. 20
2. Section 35(3), `, the Parliamentary Service Commission'-- 21
omit. 22
28
Parliamentary Committees
SCHEDULE 1 (continued)
3. Section 35(5)(a), `, the Parliamentary Service Commission'-- 1
omit. 2
4. Section 53(4)(d) and (e)-- 3
omit, insert-- 4
`(d) a member of the parliamentary committee.'. 5
REEDOM OF INFORMATION ACT 1992 6
´F
1. Section 7-- 7
insert-- 8
` "parliamentary committee" means the Legal, Constitutional and 9
Administrative Review Committee of the Legislative Assembly.'. 10
2. Section 11(1)(d), `Commission'-- 11
omit. 12
3. Section 67-- 13
omit, insert-- 14
`Suspension and removal of the commissioner 15
`67.(1) The Governor may, on an address from the Legislative 16
Assembly, remove the commissioner from office-- 17
(a) on the ground of proved incapacity, incompetence or misconduct; 18
or 19
(b) if the commissioner is convicted of an indictable offence. 20
`(2) The motion for the address may be moved only by the Premier. 21
`(3) The Premier may move the motion only if-- 22
29
Parliamentary Committees
SCHEDULE 1 (continued)
(a) the Premier has given the commissioner a statement setting out 1
the reasons for the motion; and 2
(b) the statement and any written response by the commissioner have 3
been tabled in the Legislative Assembly; and 4
(c) the Premier has consulted with the parliamentary committee 5
about the motion; and 6
(d) agreement to the motion has been obtained from-- 7
(i) all members of the parliamentary committee; or 8
(ii) a majority of members of the parliamentary committee 9
(other than a majority consisting solely of the members of 10
the political party or parties in government in the Assembly). 11
`(4) The Governor in Council may suspend the commissioner from 12
office-- 13
(a) on the ground of incapacity, incompetence or misconduct; or 14
(b) if the commissioner is convicted of an indictable offence. 15
`(5) When the Legislative Assembly is in session, the Governor in 16
Council may suspend the commissioner only on an address from the 17
Legislative Assembly. 18
`(6) The motion for the address must comply with subsections (2) and 19
(3). 20
`(7) When the Legislative Assembly is not in session, the Governor in 21
Council may suspend the commissioner only if-- 22
(a) the Premier has given the commissioner a statement setting out 23
the reasons for the suspension; and 24
(b) the Premier has considered any response by the commissioner to 25
the statement. 26
`(8) The Premier must table the statement and any written response by 27
the commissioner in the Legislative Assembly within 3 sitting days after the 28
day the suspension begins. 29
`(9) A suspension made when the Legislative Assembly is not in session 30
ceases to have effect-- 31
30
Parliamentary Committees
SCHEDULE 1 (continued)
(a) subject to paragraph (b), at the end of 7 sitting days after the day 1
the suspension begins; or 2
(b) if the commissioner is earlier suspended or removed from office 3
on an address from the Legislative Assembly--at that earlier 4
time. 5
`(10) If the suspension ceases to have effect under subsection (9)(a), the 6
commissioner is entitled to be paid salary and allowances for the period of 7
the suspension. 8
`(11) Except as provided in subsection (10), the commissioner is entitled 9
to be paid salary and allowances for the period of a suspension only if-- 10
(a) the Legislative Assembly resolves that salary and allowances be 11
paid for the period; or 12
(b) the Governor in Council approves the payment of salary and 13
allowances for the period.'. 14
4. Section 101(1)-- 15
omit. 16
5. Section 101(2) to (5)-- 17
renumber as 101(1) to (4). 18
LEGISLATIVE STANDARDS ACT 1992 19
´
1. After section 9-- 20
insert-- 21
`Application of legal professional privilege to office 22
`9A.(1) This section applies to communications made in or for the 23
performance of the office's functions under section 7(a) to (i) or a function 24
incidental to those functions. 25
31
Parliamentary Committees
SCHEDULE 1 (continued)
`(2) Confidential communications between a client of the office, and the 1
Parliamentary Counsel or any member of the office's staff, are subject to 2
legal professional privilege. 3
4
Examples of office's clients
5
1. A Minister to whom the office provides advice on the application of
6
fundamental legislative principles to proposed subordinate legislation drafted by the
7
office.
8
2. A member who asks the Parliamentary Counsel to draft a Bill, an amendment
9
of a Bill or an instrument to be used in the Legislative Assembly.
`(3) Without limiting subsection (2), the communications may not be 10
disclosed by the Parliamentary Counsel or a member of the office's staff 11
without the client's consent. 12
`(4) This section has effect despite any other law.'. 13
2. Section 10(3) to (5)-- 14
omit. 15
ARLIAMENTARY COMMISSIONER ACT 1974 16
´P
1. Section 4(1)-- 17
insert-- 18
` "parliamentary committee" means the Legal, Constitutional and 19
Administrative Review Committee of the Legislative Assembly.'. 20
2. Section 5(7), `Premier'-- 21
omit, insert-- 22
`Minister'. 23
32
Parliamentary Committees
SCHEDULE 1 (continued)
3. Section 5(7) and (8)-- 1
renumber as section 5(8) and (9). 2
4. Section 5(6)-- 3
omit, insert-- 4
`(6) A person may be appointed as the commissioner only if-- 5
(a) press advertisements have been placed nationally calling for 6
applications from suitably qualified persons to be considered for 7
appointment; and 8
(b) the Minister has consulted with the parliamentary committee 9
about-- 10
(i) the process of selection for appointment; and 11
(ii) the appointment of the person as commissioner. 12
`(7) Subsection (6)(a) and (b)(i) does not apply to the reappointment of a 13
person as commissioner.'. 14
5. Section 6-- 15
omit, insert-- 16
`Suspension and removal of the commissioner 17
`6.(1) The Governor may, on an address from the Legislative Assembly, 18
remove the commissioner from office-- 19
(a) on the ground of proved incapacity, incompetence or misconduct; 20
or 21
(b) if the commissioner is convicted of an indictable offence. 22
`(2) The motion for the address may be moved only by the Premier. 23
`(3) The Premier may move the motion only if-- 24
(a) the Premier has given the commissioner a statement setting out 25
the reasons for the motion; and 26
33
Parliamentary Committees
SCHEDULE 1 (continued)
(b) the statement and any written response by the commissioner have 1
been tabled in the Legislative Assembly; and 2
(c) the Premier has consulted with the parliamentary committee 3
about the motion; and 4
(d) agreement to the motion has been obtained from-- 5
(i) all members of the parliamentary committee; or 6
(ii) a majority of members of the parliamentary committee 7
(other than a majority consisting solely of the members of 8
the political party or parties in government in the Assembly). 9
`(4) The Governor in Council may suspend the commissioner from 10
office-- 11
(a) on the ground of incapacity, incompetence or misconduct; or 12
(b) if the commissioner is convicted of an indictable offence. 13
`(5) When the Legislative Assembly is in session, the Governor in 14
Council may suspend the commissioner only on an address from the 15
Legislative Assembly. 16
`(6) The motion for the address must comply with subsections (2) and 17
(3). 18
`(7) When the Legislative Assembly is not in session, the Governor in 19
Council may suspend the commissioner only if-- 20
(a) the Premier has given the commissioner a statement setting out 21
the reasons for the suspension; and 22
(b) the Premier has considered any response by the commissioner to 23
the statement. 24
`(8) The Premier must table the statement and any written response by 25
the commissioner in the Legislative Assembly within 3 sitting days after the 26
day the suspension begins. 27
`(9) A suspension made when the Legislative Assembly is not in session 28
ceases to have effect-- 29
(a) subject to paragraph (b), at the end of 7 sitting days after the day 30
the suspension begins; or 31
34
Parliamentary Committees
SCHEDULE 1 (continued)
(b) if the commissioner is earlier suspended or removed from office 1
on an address from the Legislative Assembly--at that earlier 2
time. 3
`(10) If the suspension ceases to have effect under subsection (9)(a), the 4
commissioner is entitled to be paid salary and allowances for the period of 5
the suspension. 6
`(11) Except as provided in subsection (10), the commissioner is entitled 7
to be paid salary and allowances for the period of a suspension only if-- 8
(a) the Legislative Assembly resolves that salary and allowances be 9
paid for the period; or 10
(b) the Governor in Council approves the payment of salary and 11
allowances for the period.'. 12
6. Section 8(6), `Premier'-- 13
omit, insert-- 14
`Minister'. 15
7. Section 10(6), `Premier'-- 16
omit, insert-- 17
`Minister'. 18
8. After section 11, in part 2-- 19
insert-- 20
`Commissioner not subject to direction about investigations 21
`11A. The commissioner is not subject to direction by any person 22
about-- 23
(a) the way in which the commissioner's powers in relation to 24
investigations are to be exercised; or 25
(b) the priority given to investigations.'. 26
35
Parliamentary Committees
SCHEDULE 1 (continued)
9. Sections 31 and 32-- 1
omit, insert-- 2
`Estimates 3
`31.(1) The commissioner must prepare, for each financial year, 4
estimates of proposed receipts and expenditure relating to the 5
commissioner. 6
`(2) The commissioner must give the estimates to the Minister 7
responsible for the administration of the Financial Administration and 8
Audit Act 1977, part 2.6 9
`(3) The Minister mentioned in subsection (2) must consult with the 10
parliamentary committee in developing the proposed budget of the 11
commissioner for each financial year. 12
`Strategic review of commissioner 13
`32.(1) Strategic reviews of the commissioner are to be conducted under 14
this section. 15
`(2) A review is to be conducted at least every 5 years. 16
`(3) Each review is to be undertaken by an appropriately qualified person 17
appointed by the Governor in Council. 18
`(4) The terms of reference for the review are to be decided by the 19
Governor in Council. 20
`(5) Before a person is appointed to conduct a review, the Minister must 21
consult with the parliamentary committee and the commissioner about-- 22
(a) the appointment of the person; and 23
(b) the terms of reference for the review. 24
`(6) The remuneration and other terms of appointment of a person 25
appointed to conduct a review are as decided by the Governor in Council. 26
6 The Financial Administration and Audit Act 1977, part 2 deals with financial
administration.
36
Parliamentary Committees
SCHEDULE 1 (continued)
`(7) In conducting the review-- 1
(a) the person has the powers that an authorised auditor has under the 2
Financial Administration and Audit Act 1977 for an audit of an 3
entity; and 4
(b) that Act and other Acts apply to the person as if the person were 5
an authorised auditor conducting an audit of an entity. 6
`(8) On completing the review, the person must give a report on the 7
review to the Minister and the commissioner. 8
`(9) If the person proposes to include in the report a matter that, in the 9
person's opinion, is a matter of significance, the person must-- 10
(a) give the Minister and the commissioner written advice of the 11
matter; and 12
(b) include in the advice a statement to the effect that comments on 13
the matter may be made in writing to the person within-- 14
(i) 21 days after the advice is received; or 15
(ii) such longer period as is specified in the advice. 16
`(10) If the matter is included in the report, any comments given to the 17
person under subsection (9)(b) must also be included in the report. 18
`(11) The Minister must table the report in the Legislative Assembly 19
within 3 sitting days after the Minister receives the report. 20
`Regulation making power 21
`33. The Governor in Council may make regulations under this Act.'. 22
PARLIAMENTARY PAPERS ACT 1992 23
´
1. Section 6(3), definition "person to whom this section applies", 24
paragraph (b)-- 25
omit. 26
37
Parliamentary Committees
SCHEDULE 1 (continued)
2. Section 6(3), definition "person to whom this section applies", 1
paragraph (d), `Commission'-- 2
omit. 3
3. Section 6(3), definition "person to whom this section applies", 4
paragraphs (c) to (f)-- 5
renumber as paragraphs (b) to (e). 6
ARLIAMENTARY SERVICE ACT 1988 7
´P
1. Title, `and a Parliamentary Service Commission'-- 8
omit. 9
2. Section 3-- 10
omit. 11
3. Section 4, heading-- 12
omit, insert-- 13
`Definitions'. 14
4. Section 4, definitions "Chairman", "Clerk", "industrial agreement", 15
"industrial award", "Minister" and "Parliamentary Service 16
Commission" or "Commission"-- 17
omit. 18
5. Section 4-- 19
insert-- 20
` "clerk" means the clerk of the Parliament. 21
38
Parliamentary Committees
SCHEDULE 1 (continued)
"industrial agreement" see Industrial Relations Act 1990. 1
"industrial award" see Industrial Relations Act 1990, section 5, definition 2
"award".'. 3
6. Section 4, definition "Parliamentary precinct", `Department of 4
Geographic Information'-- 5
omit, insert-- 6
`department in which the Land Act 1994 is administered'. 7
7. Part 2-- 8
omit, insert-- 9
`PART 2--ADMINISTRATIVE FUNCTIONS OF THE 10
SPEAKER 11
`Administration under speaker's control 12
`5. The speaker has the control of-- 13
(a) accommodation and services in the parliamentary precinct; and 14
(b) accommodation and services supplied elsewhere by the 15
Legislative Assembly for its members. 16
`Speaker's role for parliamentary service 17
`6.(1) The general role of the speaker in relation to the parliamentary 18
service is to-- 19
(a) decide major policies to guide the operation and management of 20
the parliamentary service; and 21
(b) prepare budgets; and 22
(c) decide the size and organisation of the parliamentary service and 23
the services to be supplied by the parliamentary service; and 24
39
Parliamentary Committees
SCHEDULE 1 (continued)
(d) be the employing authority, for the Legislative Assembly, of 1
parliamentary service officers and employees deciding their 2
remuneration and conditions of service; and 3
(e) supervise the management and delivery of services by the 4
parliamentary service. 5
`(2) The speaker must ensure that the remuneration, conditions of 6
employment and other benefits given to the clerk, and parliamentary service 7
officers and employees, are comparable to those of State officers and 8
employees who have similar duties. 9
`Speaker's powers for administrative functions 10
`7.(1) This section declares the powers and legal capacity of the speaker 11
in performing the administrative functions of the speaker's office, including 12
the speaker's role in relation to the parliamentary service. 13
`(2) The powers include all the powers, and the legal capacity, that an 14
individual has in a private capacity. 15
`(3) The powers may be exercised at any place. 16
`(4) The powers are exercised for the Legislative Assembly. 17
`(5) This section does not limit the speaker's powers. 18
19
Example--
20
This part does not affect any power the speaker has apart from this section to bind
21
the Legislative Assembly by contract.
`Delegation by speaker 22
`8. The speaker may delegate the speaker's powers under this Act to the 23
clerk or a parliamentary service officer or employee. 24
`Advisory committee to speaker 25
`9.(1) The speaker may establish a committee of Legislative Assembly 26
(the "advisory committee") members to advise the speaker on issues 27
arising under this Act referred to it by the speaker. 28
40
Parliamentary Committees
SCHEDULE 1 (continued)
`(2) The advisory committee consists of the members appointed by the 1
speaker. 2
`(3) This section is subject to the standing orders. 3
`Speaker's annual report 4
`10. As soon as possible after the end of each financial year, the speaker 5
must prepare, and table in the Legislative Assembly, a report on this Act's 6
operation during the year.'. 7
8. Sections 18(2), 20(1), 22(1)(b)(ii), 24(2), 26(1), 28(4), 29(1), 32(2)(b), 8
38, 40(1)(f), 41(4), 43(1), 44, 49, 50 (heading) and 50(1), 9
`Parliamentary Service Commission'-- 10
omit, insert-- 11
`speaker'. 12
9. Sections 20, 27(1)(b) and (3), 28(1)(a), (2) and (4), 30(1) and (4), 31, 13
35(4), 37(3) and (4), 39(1), 40(3), 41(1), (3) and (5), 43(1)(b)(ii), (2)(b) 14
and (4) to (6), 44, 49, 50(2)(a) and 51(2)(a), `commission'-- 15
omit, insert-- 16
`speaker'. 17
10. Section 21(2), `or Acting Speaker of the Legislative Assembly', `or 18
Acting Speaker' and `and Acting Speaker'-- 19
omit. 20
11. Section 21(2), `are absent'-- 21
omit, insert-- 22
`is absent'. 23
41
Parliamentary Committees
SCHEDULE 1 (continued)
12. Section 25-- 1
omit, insert-- 2
`Delegation by clerk as chief executive of parliamentary service 3
`25. The clerk may delegate the clerk's powers as chief executive of the 4
parliamentary service to a parliamentary service officer or employee.'. 5
13. Section 28(1)(b)-- 6
omit, insert-- 7
`(b) is to be governed by the contract of employment between the 8
speaker and the officer concerned; and'. 9
14. Section 29(2)-- 10
omit. 11
15. Section 30(1), `the Governor in Council otherwise determines'-- 12
omit, insert-- 13
`a regulation otherwise provides'. 14
16. Section 30(3)-- 15
omit. 16
17. Section 39(2), `the commission'-- 17
omit, insert-- 18
`the speaker'. 19
42
Parliamentary Committees
SCHEDULE 1 (continued)
18. Section 40(3), second sentence, paragraph (f), `$100'-- 1
omit, insert-- 2
`2 penalty units'. 3
19. Section 40(3), third sentence-- 4
omit. 5
20. Section 42(2), `chairman'-- 6
omit, insert-- 7
`speaker'. 8
21. Sections 45 to 47-- 9
omit. 10
22. Section 50(2)(c)-- 11
omit, insert-- 12
`(2B) A by-law is subordinate legislation.'. 13
23. Section 50(5) and (6)-- 14
omit, insert-- 15
`(5) The speaker may authorise the clerk or a parliamentary service 16
officer or employee to give directions (not inconsistent with any directions 17
given by the speaker) under this section for the speaker.'. 18
24. Section 51(3), `commission'-- 19
omit, insert-- 20
`Legislative Assembly'. 21
43
Parliamentary Committees
SCHEDULE 1 (continued)
25. Section 52-- 1
omit, insert-- 2
`Protection from liability 3
`52.(1) In this section-- 4
"protected person" means-- 5
(a) the speaker; or 6
(b) the clerk; or 7
(c) an authorised person under section 507; or 8
(d) a person acting in aid of the clerk or an authorised person. 9
`(2) A protected person does not incur civil liability for an act done, or 10
omission made, honestly and without negligence under section 50. 11
`(3) If subsection (2) prevents civil liability attaching to a protected 12
person, the liability attaches instead to the Legislative Assembly.'. 13
26. Section 54-- 14
omit. 15
27. Sections 55 and 56-- 16
omit, insert-- 17
`Rules 18
`55.(1) The speaker may make rules under this Act. 19
`(2) A rule may make provision about the parliamentary service and, in 20
particular-- 21
(a) the entitlements, responsibilities, authorities, obligations and 22
liabilities of parliamentary service officers and employees; and 23
(b) appeals about promotional appointments and disciplinary action 24
7 Section 50 (Behaviour in parliamentary precinct at discretion of speaker)
44
Parliamentary Committees
SCHEDULE 1 (continued)
within the parliamentary service. 1
`(3) A rule is subordinate legislation. 2
`Regulation making power 3
`56. The Governor in Council may make regulations under this Act. 4
`PART 7--TRANSITIONAL PROVISIONS 5
`Parliamentary service commission references 6
`57. In an Act or document, a reference to the parliamentary service 7
commission may, if the context permits, be taken to be a reference to the 8
Legislative Assembly. 9
`Clerk of the Legislative Assembly references 10
`58. In an Act or document, a reference to the clerk of the Legislative 11
Assembly may, if the context permits, be taken to be a reference to the clerk 12
of the Parliament. 13
`Abolition of commission etc. 14
`59.(1) On the commencement of this part, the parliamentary service 15
commission is abolished, and its assets, rights and liabilities vest in the 16
Legislative Assembly. 17
`(2) A legal proceeding by or against the commission that has not been 18
finished before the commencement may be continued and finished by or 19
against the Legislative Assembly. 20
`Existing instruments 21
`60. On the commencement, an arrangement, by-law, code, declaration, 22
guideline, rule or other instrument made, approved or given by the 23
parliamentary service commission, and in existence immediately before the 24
45
Parliamentary Committees
SCHEDULE 1 (continued)
commencement, is taken to be an instrument of that type made, approved or 1
given by the speaker. 2
`Unfinished appeals 3
`61. An appeal that has been made under section 43 to the parliamentary 4
service commission before the commencement, and not finished before the 5
commencement, continues as if it were an appeal made to the speaker. 6
`Saving of employment conditions 7
`62. To remove any possible doubt, it is declared that the conditions of 8
appointment or employment of parliamentary service officers and 9
employees are not affected merely because of the abolition of the 10
parliamentary service commission. 11
`Transitional regulations 12
`63.(1) A regulation may make provision about any matter for which-- 13
(a) it is necessary or convenient to assist the transition from the 14
operation of the Act in force immediately before the 15
commencement of this part to the operation of the Act in force 16
immediately after the commencement; and 17
(b) this Act does not make provision or sufficient provision. 18
`(2) A regulation under subsection (1) may be given retrospective 19
operation to a date not earlier than the commencement. 20
`Expiry 21
`64. Sections 59 to 63, and this section, expire 3 months after the 22
commencement of this part.'. 23
29. Schedule-- 24
omit. 25
46
Parliamentary Committees
SCHEDULE 1 (continued)
UBLIC SECTOR ETHICS ACT 1994 1
´P
1. Section 2, definition "responsible authority", paragraph (a), 2
`Parliamentary Service Commission'-- 3
omit, insert-- 4
`speaker'. 5
WHISTLEBLOWERS PROTECTION ACT 1994 6
´
1. Schedule 1, `Parliamentary Service Commission and'-- 7
omit. 8
2. Schedule 5, section 2(1)(b), `the Parliamentary Service Commission 9
and'-- 10
omit. 11
47
Parliamentary Committees
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 3 3
"Annual Appropriation Act" has the meaning given under the Financial 4
Administration and Audit Act 1977, section 5(1). 5
"Bill" means a Bill proposed for enactment by the Parliament. 6
"commercial entity" see section 21(4). 7
"committee" means a committee of the Legislative Assembly, however 8
established. 9
"community service obligation" has the meaning given in the 10
Government Owned Corporations Act 1993, section 121. 11
"consider" includes examine and inquire. 12
"constructing authority" see section 21. 13
"Government financial documents" includes-- 14
(a) a document tabled in the Legislative Assembly under the 15
Financial Administration and Audit Act 1977; and 16
(b) the annual financial statements and annual reports of a GOC; and 17
(c) a document that would be a Government financial document if it 18
had been tabled in the Legislative Assembly as required by law; 19
but does not include estimates of receipts for the proposed expenditure 20
under an Annual Appropriation Act. 21
"major GOC work" means a work (other than a public work) undertaken 22
as part of a major infrastructure investment outlined in a GOC's 23
statement of corporate intent.8 24
8 Under the Government Owned Corporations Act 1993, section 115(1)(e) a GOC's
statement of corporate intent must include an outline of the major infrastructure
investments proposed to be undertaken by it during the relevant financial year.
48
Parliamentary Committees
SCHEDULE 2 (continued)
"member" means a member of the Legislative Assembly. 1
"proposed national scheme legislation" means a Bill for an Act-- 2
(a) that is intended to be substantially uniform with, or 3
complementary to, legislation of the Commonwealth or another 4
State; and 5
(b) whose operation may, under the Act, be changed by amendment 6
of a law of the Commonwealth or another State. 7
"public work" see section 20(1). 8
"statutory committee" see section 4. 9
"work" includes-- 10
(a) a project, service, utility or undertaking; and 11
(b) a part or stage of a work; and 12
(c) a repair, reconstruction or extension of a work. 13
14
Examples of paragraph (b)--
15
1. Any intermediate stage of a work between planning and completion.
16
2. Engagement of professional consultants for a work.
17
3. Calling of tenders for a work.
18
© State of Queensland 1995
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