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PARLIAMENT OF VICTORIA
Victorian Independent Remuneration Tribunal and
Improving Parliamentary Standards Bill 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Definitions 4
Part 2--Victorian Independent Remuneration Tribunal 8
4 Establishment 8
5 Independence of the Tribunal and Tribunal members 8
6 Functions and powers of the Tribunal 8
7 Membership of the Tribunal 10
8 Eligibility to be appointed as a Tribunal member 10
9 Terms and conditions of appointment 11
10 Vacancy, resignation and removal from office 11
11 Acting Tribunal member 12
12 Meetings of the Tribunal 14
13 Method of inquiry by the Tribunal 14
14 Disclosure of interests 15
15 Tribunal officers 15
Part 3--Determinations 17
16 Power to make Determinations 17
17 Determinations in relation to Members 17
18 Determinations for annual adjustments in relation to Members 18
19 Determinations in relation to executives employed in prescribed
public entities 18
20 Determination for annual adjustments in relation to executives
employed in prescribed public entities 19
21 Determinations in relation to remuneration bands for executives
employed in public service bodies 19
22 Determinations for annual adjustments in relation to executives
employed in public service bodies 20
23 Determination in relation to matter requested by the Minister 20
24 Requirements in relation to the making of a Determination 21
25 When does a Determination take effect 22
26 Tabling and publication of Determinations 22
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Clause Page
Part 4--Compliance Officer 23
27 Office of Compliance Officer 23
28 Function and powers of the Compliance Officer 23
29 Appointment provisions 24
30 Terms and conditions of appointment 25
31 Vacancy, resignation and removal from office 26
32 Conflict of Interest 27
Part 5--General 28
33 Tribunal may make and publish guidelines 28
34 Tribunal may provide advice 28
35 Tribunal may undertake reviews and publish reports 29
36 Annual report 29
37 Confidentiality of information 30
38 Disclosure or provision of information by Tribunal member,
Tribunal officer or Compliance Officer 31
39 Taking advantage of information 31
40 Regulations 32
41 Minister to conduct review 32
Part 6--Amendment of Parliamentary Salaries and
Superannuation Act 1968 33
42 Principal Act in this Part 33
43 Parliamentary Salaries and Superannuation Act 1968 renamed 33
44 New section 2 inserted--Purpose 33
45 Amendment of section 3--Definitions 34
46 Amendment of heading to Part 2 38
47 New Division 1 inserted in Part 2 38
48 Consequential amendment 39
49 Section 6 substituted--Members' salaries and work-related
parliamentary allowances 39
50 Section 7E substituted--Separation payment 40
51 New Division 3 inserted in Part 2 46
52 Consequential amendments 46
53 Amendment of section 9--Application of Consolidated Fund 47
54 New Divisions 4, 5, 6 and 7 inserted in Part 2 47
55 Amendment of sections 30 and 31--State's obligations to make
contributions 62
56 New Part 5 inserted 63
Part 7--Amendment of Public Administration Act 2004 64
57 Amendment of section 4--Definitions 64
58 Amendment of section 6--What are special bodies? 64
59 Amendment of section 25--Executive employment governed
by contract 64
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Clause Page
60 Amendment of section 44--Terms and conditions of
appointment 65
61 Amendment of section 47--Acting Commissioner 65
62 New section 119 inserted--Transitional provision--Victorian
Independent Remuneration Tribunal and Improving
Parliamentary Standards Act 2017 66
Part 8--Parliamentary Standards--Amendments to the Members
of Parliament (Register of Interests) Act 1978 67
63 Principal Act in this Part 67
64 Members of Parliament (Register of Interests) Act 1978
renamed 67
65 Renumbering 67
66 Section 2 substituted--Definitions 67
67 New section 3 inserted--Objective of Act 72
68 New Part 2 inserted--Statement of Values 73
69 Part I substituted 73
70 Part II substituted 78
71 Part III substituted 88
Part 9--Consequential amendments and repeal 91
72 Reference to Members of Parliament (Register of Interests)
Act 1978 91
73 References to Parliamentary Salaries and Superannuation
Act 1968 91
74 Amendment of section 28 of the Victorian Independent
Remuneration Tribunal and Improving Parliamentary Standards
Act 2017 92
75 Amendment of Protected Disclosure Act 2012 92
76 Repeal of amending Parts 6 to 9 93
═══════════════
Endnotes 94
1 General information 94
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victorian Independent Remuneration
Tribunal and Improving Parliamentary
Standards Bill 2017
A Bill for an Act to reform the current system relating to salaries,
allowances and standards for Members of Parliament by establishing
the Victorian Independent Remuneration Tribunal and making
amendments to the Parliamentary Salaries and Superannuation
Act 1968 and the Members of Parliament (Register of Interests)
Act 1978, and to make related amendments to the Public
Administration Act 2004 and consequential amendments to certain
other Acts and for other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to establish the Victorian Independent
5 Remuneration Tribunal to--
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Part 1--Preliminary
(i) determine salaries, work-related
parliamentary allowances and the
Budget for Members of Parliament
under the Parliamentary Salaries
5 and Superannuation Act 1968; and
(ii) determine remuneration bands for
executives employed in prescribed
public entities; and
(iii) determine remuneration bands for
10 executives employed in public service
bodies; and
(iv) perform such other functions as are
specified; and
(b) to amend the Parliamentary Salaries and
15 Superannuation Act 1968 to--
(i) rename the Act and provide for the
purpose of the Act; and
(ii) insert a Statement of Principles in
relation to the use of public resources
20 by Members of Parliament; and
(iii) provide for work-related parliamentary
allowances and the Budget; and
(iv) create a new parliamentary travel
allowance to support the travel of
25 Members of Parliament where
necessary for the performance of
their public duties; and
(v) replace the resettlement allowance
with a separation payment; and
30 (vi) establish a monitoring, compliance and
enforcement system to be administered
by the relevant Officer; and
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(vii) provide for a Compliance Officer to
hear and determine appeals in relation
to determinations; and
(c) to amend the Members of Parliament
5 (Register of Interests) Act 1978 to promote
public trust and confidence in Members of
Parliament by--
(i) renaming the Act and providing for
the objective of the Act; and
10 (ii) inserting a Statement of Values for
Members of Parliament; and
(iii) updating the Code of Conduct for
Members of Parliament; and
(iv) expanding the Register of Interests for
15 Members of Parliament; and
(v) making other necessary amendments;
and
(d) to make related amendments to the Public
Administration Act 2004 and consequential
20 amendments to certain other Acts.
2 Commencement
(1) Parts 1, 2, 3, 4 and 5 (except section 36(f)
and (g)), sections 42, 50 and 55, Part 7 and
section 76 come into operation on the day after
25 the day on which this Act receives the Royal
Assent.
(2) Section 36(f) and (g) and Parts 6 (except sections
42, 50 and 55), 8 and 9 (except section 76) come
into operation on the first sitting day of the
30 59th Parliament of Victoria.
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Part 1--Preliminary
3 Definitions
In this Act--
additional salary means the additional salary
payable to a Member who is a specified
5 parliamentary office holder in respect of that
specified parliamentary office as set out in a
Determination that is currently in effect;
basic salary means the basic salary payable to a
Member as set in a Determination that is
10 currently in effect;
Budget means the Electorate Office and
Communications Budget of a Member;
Chair means the Chair of the Tribunal under
section 7(3);
15 Compliance Officer means the Compliance
Officer appointed under Part 4;
Determination means a Determination made by
the Tribunal under Part 3;
Member means member of the Parliament of
20 Victoria;
public entity has the same meaning as it has in
section 4(1) of the Public Administration
Act 2004;
public service body means a public service
25 body within the meaning of section 4(1) of
the Public Administration Act 2004;
public service body Head has the same
meaning as it has in section 4(1) of the
Public Administration Act 2004;
30 specified occupational group means
an occupational group specified in
section 6(1)(a), (b), (d), (e), (f), (g) or (h);
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Part 1--Preliminary
specified parliamentary office means any of
the following offices held by a Member in
addition to their role as a Member--
(a) Premier;
5 (b) Deputy Premier;
(c) any other responsible Minister of the
Crown;
(d) Leader of the Opposition;
(e) President;
10 (f) Speaker;
(g) Deputy President;
(h) Deputy Speaker;
(i) Deputy Leader of the Opposition in
the Assembly;
15 (j) Leader of the Opposition in the
Council;
(k) Leader of the Third Party in the
Assembly (unless they are also the
Leader or Deputy Leader of the
20 Opposition or a Minister of the Crown);
(l) Cabinet Secretary;
(m) a Shadow Minister;
(n) a Chairperson of a parliamentary
committee (including a Joint
25 Investigatory Committee within the
meaning of the Parliamentary
Committees Act 2003, a standing
committee, a select committee and a
domestic committee);
30 (o) a Deputy Chairperson of a
parliamentary committee (including a
Joint Investigatory Committee within
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the meaning of the Parliamentary
Committees Act 2003, a standing
committee, a select committee and a
domestic committee);
5 (p) Government Whip in the Assembly;
(q) Deputy Leader of the Opposition in the
Council;
(r) Leader of the Third Party in the
Council (unless they are also the Leader
10 or Deputy Leader of the Opposition or
a Minister of the Crown);
(s) a Parliamentary Secretary;
(t) Deputy Leader of the Third Party in
the Assembly (unless they are also
15 the Leader or Deputy Leader of the
Opposition or a Minister of the Crown);
(u) Government Whip in the Council;
(v) Opposition Whip in the Assembly;
(w) Opposition Whip in the Council;
20 (x) Whip of the Third Party in the
Assembly;
(y) Whip of the Third Party in the Council;
(z) Secretary of the Party forming the
Government;
25 (za) Secretary of the Opposition Party;
(zb) Secretary of the Third Party;
(zc) any other prescribed parliamentary
office;
specified parliamentary office holder means a
30 Member who holds a specified parliamentary
office;
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Tribunal means the Victorian Independent
Remuneration Tribunal established under
section 4;
Tribunal member means a member of the
5 Tribunal;
Tribunal officer means an employee made
available to the Tribunal under section 15(1);
work-related parliamentary allowances means
the following--
10 (a) an electorate allowance;
(b) any expense allowance;
(c) a parliamentary accommodation
sitting allowance;
(d) a travel allowance;
15 (e) a motor vehicle allowance;
(f) any other prescribed allowance.
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Part 2--Victorian Independent Remuneration Tribunal
Part 2--Victorian Independent
Remuneration Tribunal
4 Establishment
The Victorian Independent Remuneration
5 Tribunal is established.
5 Independence of the Tribunal and Tribunal
members
(1) The Tribunal must act independently and
impartially in performing its functions and
10 exercising its powers.
(2) The Tribunal and Tribunal members are not in the
performance of their functions and the exercise
of their powers when making a Determination
subject to the direction or control of any person,
15 including any Minister.
6 Functions and powers of the Tribunal
(1) The Tribunal has the following functions--
(a) inquire into and determine the basic salary
and the value of work-related parliamentary
20 allowances for Members;
(b) inquire into and determine the additional
salary and value of parliamentary allowances
for specified parliamentary office holders;
(c) inquire into and determine the Budget;
25 (d) inquire into and determine the remuneration
bands for executives employed in prescribed
public entities;
(e) issue guidelines with respect to the
placement of executives within the
30 remuneration bands determined under
paragraph (d);
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(f) at the request of the Minister, inquire into
and determine the remuneration package for
a Chief Executive Officer employed in a
prescribed public entity;
5 (g) inquire into and determine the remuneration
bands for executives employed in public
service bodies;
(h) issue guidelines with respect to the
placement of public service body Heads and
10 other executives within the remuneration
bands determined under paragraph (g);
(i) provide advice about requests to approve
remuneration for public service body Heads
and other executives which is above the
15 relevant remuneration band;
(j) make recommendations to the Minister
about the remuneration of any specified
occupational group;
(k) conduct reviews and analyse public
20 sector remuneration trends in relation to
any specified occupational group;
(l) provide advice to the Minister on any matter
relating to the remuneration of any specified
occupational group;
25 (m) prepare and publish information on any
matter relating to the remuneration of any
specified occupational group.
(2) Subject to subsection (3), the Tribunal has the
power to do all things necessary or convenient to
30 be done in connection with the performance of its
functions.
(3) For the avoidance of doubt, the Tribunal does not
have the power to perform any function or make
any Determination in relation to any matter that is
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within the jurisdiction of the Commonwealth Fair
Work Commission.
7 Membership of the Tribunal
(1) The Tribunal is to consist of up to 3 Tribunal
5 members.
(2) A Tribunal member must be an eligible person
under section 8 appointed by instrument of
appointment by the Governor in Council on the
recommendation of the Minister.
10 (3) One of the Tribunal members is to be appointed in
the instrument of appointment to be the Chair of
the Tribunal.
8 Eligibility to be appointed as a Tribunal member
(1) Subject to subsection (2), a person is eligible to be
15 appointed as a Tribunal member only if the person
has extensive or specialist knowledge, expertise or
experience in one or more of the following
fields--
(a) Government;
20 (b) community affairs;
(c) economics;
(d) human resource management;
(e) industrial relations;
(f) law;
25 (g) public administration;
(h) public finance;
(i) public sector ethics;
(j) any other field the Minister considers
relevant.
30 (2) Despite subsection (1), a person is not eligible
to be appointed as a Tribunal member if the
person--
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(a) nominates for election as a Member or is
elected as a Member; or
(b) is employed as an executive in a prescribed
public entity or as an executive in a public
5 service body.
9 Terms and conditions of appointment
(1) A Tribunal member holds office for the period not
exceeding 5 years as is specified in the instrument
of appointment.
10 (2) A Tribunal member--
(a) is appointed on a part-time basis; and
(b) subject to section 8, is eligible for
re-appointment; and
(c) is entitled to be paid the prescribed
15 remuneration; and
(d) subject to this Act, is appointed on the
terms and conditions that are specified in
the instrument of appointment.
(3) The remuneration of a Tribunal member cannot
20 be reduced during their term of office unless they
consent to the reduction.
(4) The Public Administration Act 2004 does not
apply to a Tribunal member in respect of the
office of Tribunal member.
25 10 Vacancy, resignation and removal from office
(1) A Tribunal member ceases to hold office if the
Tribunal member--
(a) resigns by writing delivered to the Governor
in Council; or
30 (b) becomes an insolvent under administration;
or
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(c) is convicted, or found guilty, of an indictable
offence or an offence that, if committed in
Victoria, would be an indictable offence; or
(d) has nominated for election as a Member or is
5 elected as a Member; or
(e) is employed as an executive or Chief
Executive Officer in a prescribed public
entity or as an executive in a public service
body; or
10 (f) becomes a represented person within
the meaning of the Guardianship and
Administration Act 1986; or
(g) is removed from office in accordance with
subsection (2); or
15 (h) dies.
(2) The Governor in Council may remove a Tribunal
member from office on any of the following
grounds--
(a) misconduct;
20 (b) neglect of duty;
(c) inability to perform the duties of the office;
(d) any other ground on which the Governor in
Council is satisfied that the Tribunal member
is unfit to hold office.
25 11 Acting Tribunal member
(1) The Governor in Council may on the
recommendation of the Minister appoint a person
to act in the office of a Tribunal member during--
(a) any vacancy in the office of a Tribunal
30 member; or
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(b) any period when the person holding the
office--
(i) is absent from duty; or
(ii) is for any other reason unable to
5 perform the duties of the office.
(2) The Governor in Council may at any time remove
a person acting in the office of a Tribunal member
appointed under subsection (1).
(3) The Minister may appoint a person as an acting
10 Tribunal member for a period not exceeding
6 months as is specified in the instrument of
appointment.
(4) The Minister may at any time remove a person
acting in the office of a Tribunal member under
15 subsection (3).
(5) A person cannot be appointed to be an acting
Tribunal member unless the person satisfies the
eligibility requirements under section 8 to be
appointed as a Tribunal member.
20 (6) While a person is appointed as an acting Tribunal
member, the person--
(a) has and may exercise all the powers, and
must perform all the functions, of the office
of Tribunal member; and
25 (b) if appointed under subsection (1), is entitled
to be paid the prescribed remuneration; and
(c) if appointed under subsection (3), is entitled
to be paid the remuneration specified in the
instrument of appointment as an acting
30 Tribunal member.
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Part 2--Victorian Independent Remuneration Tribunal
12 Meetings of the Tribunal
(1) The Chair may convene meetings of the Tribunal.
(2) The Chair must preside at any meeting of the
Tribunal at which the Chair is present.
5 (3) If the Chair is not present at a meeting of the
Tribunal, another Tribunal member nominated
by the Chair must preside.
(4) Subject to this Act, at a meeting of the Tribunal--
(a) the procedure is to be determined by the
10 Tribunal; and
(b) 2 Tribunal members constitute a quorum;
and
(c) all questions are to be decided by a majority
of votes of the Tribunal members present and
15 voting; and
(d) the Chair or other Tribunal member
presiding at the meeting has a deliberative
vote and, in the event of an equality of votes,
also has a casting vote.
20 (5) The Tribunal must keep minutes of its meetings
that record all decisions, Determinations and
rulings of the Tribunal.
13 Method of inquiry by the Tribunal
In the performance of the functions of the
25 Tribunal, the Tribunal--
(a) may inform itself in any manner that the
Tribunal decides is appropriate; and
(b) may seek and receive written or oral
statements; and
30 (c) is not required to conduct proceedings in a
formal manner; and
(d) is not bound by the rules of evidence.
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Part 2--Victorian Independent Remuneration Tribunal
14 Disclosure of interests
(1) This section applies to a Tribunal member if--
(a) the Tribunal member has a direct or indirect
interest, financial or otherwise, in a matter
5 being considered, or about to be considered,
by the Tribunal; and
(b) the interest could conflict with the proper
performance of the Tribunal member in
considering the matter.
10 (2) As soon as practicable after the relevant facts
come to the Tribunal member's knowledge, the
Tribunal member must disclose the nature of the
interest at a meeting of the Tribunal.
(3) The Tribunal member must not take part, or take
15 further part, in any consideration of, or decision
about, the matter without the consent of the other
Tribunal members.
(4) A disclosure under subsection (2) must be
recorded in the minutes of the meeting of the
20 Tribunal.
15 Tribunal officers
(1) The Secretary to the Department must make
available employees employed under Part 3 of the
Public Administration Act 2004 to the Tribunal
25 as Tribunal officers to enable the Tribunal to
perform its functions and exercise its powers.
(2) The Chair may, by instrument, delegate to a
Tribunal officer any function or power of the
Chair, other than this power of delegation or any
30 powers under section 12.
(3) If the public sector values referred to in
section 7(1)(a)(i) and (c)(iii) of the Public
Administration Act 2004 would, but for this
subsection, apply to a Tribunal officer, those
35 public sector values do not apply to the Tribunal
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officer in respect of their employment or
engagement as a Tribunal officer.
Note
Section 7(1)(a)(i) and (c)(iii) of the Public Administration
5 Act 2004 deal with providing advice to the Government and
implementing Government policies and programs.
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Part 3--Determinations
Part 3--Determinations
16 Power to make Determinations
The Tribunal has the power to make
Determinations in accordance with this Part.
5 17 Determinations in relation to Members
(1) The Tribunal must make a Determination setting
the value of the following salaries and allowances
for Members--
(a) the basic salary;
10 (b) additional salaries;
(c) work-related parliamentary allowances;
(d) any other prescribed allowance;
(e) the Budget.
(2) A Determination may provide for the additional
15 salary or allowance for specified parliamentary
office holders to vary according to the office held
and additional salary or allowances may vary in
relation to the area of the electorate represented by
a Member, the number of electors represented by
20 a Member, the place at which a Member usually
resides or in accordance with any other prescribed
criteria.
(3) Without limiting the generality of subsection (2),
a Determination may set the value of an allowance
25 at zero.
(4) The first Determination made under subsection (1)
must--
(a) include a comprehensive review of the
existing basic salaries, additional salaries,
30 work-related parliamentary allowances and
other funding provided to Members; and
(b) provide for any other matter that the Tribunal
considers relevant.
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Part 3--Determinations
(5) The first Determination under subsection (1) must
be made within the period of 6 months after the
first sitting day of the 59th Parliament of Victoria.
(6) The Tribunal must make a new Determination
5 under subsection (1) within 6 months after the
first sitting day of each subsequent Parliament
which--
(a) includes a comprehensive review of
the existing salaries, additional salaries,
10 work-related parliamentary allowances and
other funding provided to Members; and
(b) provides for any other matter that the
Tribunal considers relevant.
18 Determinations for annual adjustments in relation
15 to Members
(1) Subject to subsection (2), the Tribunal must
make a Determination providing for an annual
adjustment to the values set in the current
Determination under section 17.
20 (2) The Tribunal must not make a Determination
under subsection (1) if a Determination has been
made under section 17(1) or (6) in the preceding
period of 9 months.
19 Determinations in relation to executives employed in
25 prescribed public entities
(1) The Tribunal must make a Determination
setting the values of the remuneration bands for
executives employed in prescribed public entities,
which must--
30 (a) include a comprehensive review of the
roles of executives employed in prescribed
public entities and the existing remuneration
provided to executives; and
(b) provide for any other matter that the Tribunal
35 considers relevant.
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Part 3--Determinations
(2) The Tribunal must make a new Determination
under subsection (1) at the end of each subsequent
period of 4 years after the previous Determination
was made under subsection (1).
5 (3) A new Determination under subsection (1) must--
(a) include a comprehensive review of the roles
of executives employed in prescribed public
entities and the existing remuneration bands;
and
10 (b) provide for any other matter that the Tribunal
considers relevant.
20 Determination for annual adjustments in relation to
executives employed in prescribed public entities
(1) Subject to subsection (2), the Tribunal must
15 make a Determination providing for an annual
adjustment to the values set in the current
Determination under section 19.
(2) The Tribunal must not make a Determination
under subsection (1) if a Determination has been
20 made under section 19 in the preceding period of
9 months.
21 Determinations in relation to remuneration bands
for executives employed in public service bodies
(1) The Tribunal must make a Determination
25 setting the values of the remuneration bands for
executives employed in public service bodies
which must--
(a) include a comprehensive review of the roles
of executives employed in public service
30 bodies and the existing remuneration
provided to executives under the Public
Administration Act 2004 as in force before
the commencement of Part 7 of the
Victorian Independent Remuneration
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Tribunal and Improving Parliamentary
Standards Act 2017; and
(b) provide for any other matter that the Tribunal
considers relevant.
5 (2) The Tribunal must make a new Determination
under subsection (1) at the end of each subsequent
period of 4 years after the previous Determination
was made under subsection (1).
(3) A new Determination under subsection (1) must--
10 (a) include a comprehensive review of the
roles of executives employed in public
service bodies and the existing remuneration
provided to executives; and
(b) provide for any other matter that the Tribunal
15 considers relevant.
22 Determinations for annual adjustments in relation
to executives employed in public service bodies
(1) Subject to subsection (2), the Tribunal must
make a Determination providing for an annual
20 adjustment to the values set in the current
Determination under section 21.
(2) The Tribunal must not make a Determination
under subsection (1) if a Determination has been
made under section 21 in the preceding period of
25 9 months.
23 Determination in relation to matter requested by the
Minister
(1) The Minister may request the Tribunal to make
a Determination in relation to any matter relating
30 to the remuneration of a specified occupational
group being a matter in respect of which the
Tribunal has the power to make a Determination.
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Part 3--Determinations
(2) The Tribunal must make a Determination in
relation to a request under subsection (1) within
a reasonable period after receiving the request.
(3) Sections 24 and 26 do not apply to a
5 Determination made under this section.
24 Requirements in relation to the making of a
Determination
(1) Before the Tribunal makes a Determination,
the Tribunal must--
10 (a) publish notice of its intention to make a
Determination; and
(b) include in the notice--
(i) details about the proposed
Determination; and
15 (ii) information about how to make
public submissions; and
(c) give any affected person or a class of
affected persons a reasonable opportunity
to make a submission in relation to the
20 proposed Determination.
(2) The Tribunal must, in making a Determination,
consider the following--
(a) any statement or policy issued by the
Government of Victoria which is in
25 force with respect to its wages policy
(or equivalent) and the remuneration and
allowances of any specified occupational
group;
(b) the financial position and fiscal strategy of
30 the State of Victoria;
(c) current and projected economic conditions
and trends;
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Standards Bill 2017
Part 3--Determinations
(d) submissions received in relation to the
proposed Determination;
(e) any other prescribed matter.
(3) The Tribunal must include a statement of reasons
5 in a Determination.
25 When does a Determination take effect
(1) Subject to subsections (3) and (4), a
Determination has effect from the day specified
in the Determination.
10 (2) The day specified in a Determination to which
subsection (1) applies may be a day before it is
made.
(3) The first Determination made under section 19(1)
or 21(1) takes effect on 1 July 2019.
15 (4) A Determination made under section 18, 20 or 22
takes effect on 1 July of the year in which the
Determination is made.
26 Tabling and publication of Determinations
(1) The Chair must provide a copy of a Determination
20 relating to Members to the Clerk of each House of
Parliament as soon as practicable after it is made.
(2) The Clerk of each House of Parliament must as
soon as practicable after receiving a copy of a
Determination relating to Members--
25 (a) notify each Member of that House that the
Determination has been received; and
(b) make copies of the Determination available
to Members of that House; and
(c) cause the Determination to be laid before
30 that House on the next sitting day.
(3) As soon as practicable after a Determination is
made, the Chair must publish the Determination.
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Standards Bill 2017
Part 4--Compliance Officer
Part 4--Compliance Officer
27 Office of Compliance Officer
There is established the office of Compliance
Officer attached to the Tribunal.
5 28 Function and powers of the Compliance Officer
(1) The function of the Compliance Officer is to hear
and determine appeals under section 7E of the
Parliamentary Salaries and Superannuation
Act 1968.
10 (2) In performing the function of the Compliance
Officer, the Compliance Officer--
(a) may seek and receive written or oral
statements; and
(b) is not bound by the rules of evidence or
15 any practices or procedures applicable to
courts of record, except to the extent that
the Compliance Officer adopts the rules of
evidence or any practices or procedures; and
(c) subject to this section and section 7E
20 of the Parliamentary Salaries and
Superannuation Act 1968, may inform
themselves as they see fit; and
(d) must conduct a proceeding as expeditiously
and with as little formality and technicality
25 as the requirements of the Parliamentary
Salaries and Superannuation Act 1968 and
a proper consideration of the appeal permit.
(3) The Compliance Officer is not subject to the
direction or control of any person, including the
30 Minister, in the performance of the function of the
Compliance Officer.
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Standards Bill 2017
Part 4--Compliance Officer
(4) The function of the Compliance Officer is to be
performed--
(a) by the primary Compliance Officer; or
(b) if the primary Compliance Officer is
5 unable to hear an appeal, by the secondary
Compliance Officer.
(5) A reference in this Act and section 7E of the
Parliamentary Salaries and Superannuation
Act 1968 to the Compliance Officer is a reference
10 to whichever of the primary Compliance Officer
or the secondary Compliance Officer is hearing
the appeal.
29 Appointment provisions
(1) There is to be appointed a primary Compliance
15 Officer and a secondary Compliance Officer.
(2) A person appointed to be a primary Compliance
Officer or secondary Compliance Officer must be
an eligible person under subsection (3) appointed
by instrument of appointment by the Governor in
20 Council on the recommendation of the Minister.
(3) A person is eligible to be appointed as a primary
Compliance Officer or secondary Compliance
Officer if the person--
(a) is, or has been, qualified for appointment as
25 a judge of the High Court, the Federal Court
or the Supreme Court of Victoria or another
State or a Territory of the Commonwealth; or
(b) has extensive or specialist knowledge,
expertise or experience in--
30 (i) government, law or public
administration; or
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Standards Bill 2017
Part 4--Compliance Officer
(ii) any other field that the Minister
considers is relevant to the performance
of the function of the Compliance
Officer.
5 (4) A person is not eligible to be appointed as a
primary Compliance Officer or a secondary
Compliance Officer if the person is a Member
or nominates for election as a Member.
30 Terms and conditions of appointment
10 (1) A primary Compliance Officer or secondary
Compliance Officer holds office for the period not
exceeding 5 years as is specified in the instrument
of appointment.
(2) A primary Compliance Officer or secondary
15 Compliance Officer--
(a) is appointed on a sessional basis; and
(b) is not eligible for re-appointment; and
(c) is entitled to be paid the prescribed
remuneration; and
20 (d) subject to this Act, is appointed on the
terms and conditions that are specified in
the instrument of appointment.
(3) The remuneration of a primary Compliance
Officer or secondary Compliance Officer cannot
25 be reduced during their term of office unless they
consent to the reduction.
(4) The Public Administration Act 2004 does
not apply to a primary Compliance Officer or
secondary Compliance Officer in respect of
30 the office of primary Compliance Officer or
secondary Compliance Officer.
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Standards Bill 2017
Part 4--Compliance Officer
31 Vacancy, resignation and removal from office
(1) A primary Compliance Officer or secondary
Compliance Officer ceases to hold office if the
primary Compliance Officer or secondary
5 Compliance Officer--
(a) resigns by writing delivered to the Governor
in Council; or
(b) becomes an insolvent under administration;
or
10 (c) is convicted, or found guilty, of an indictable
offence or an offence that, if committed in
Victoria, would be an indictable offence; or
(d) nominates for election as a Member or
otherwise becomes a Member; or
15 (e) becomes a represented person within
the meaning of the Guardianship and
Administration Act 1986; or
(f) is removed from office in accordance with
subsection (2); or
20 (g) dies.
(2) The Governor in Council may remove a primary
Compliance Officer or secondary Compliance
Officer from office on any of the following
grounds--
25 (a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the office;
(d) any other ground on which the Governor
in Council is satisfied that the primary
30 Compliance Officer or secondary
Compliance Officer is unfit to hold office.
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Standards Bill 2017
Part 4--Compliance Officer
32 Conflict of Interest
(1) A Compliance Officer must avoid any actual or
potential conflict of interest with their function as
a Compliance Officer.
5 (2) A Compliance Officer may declare that they are
unable to hear an appeal if the Compliance Officer
believes that they have an actual or potential
conflict of interest in relation to any matter
relating to the appeal.
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Part 5--General
Part 5--General
33 Tribunal may make and publish guidelines
The Tribunal may make and publish guidelines for
or with respect to the placement of--
5 (a) executives employed in prescribed public
entities within the remuneration bands set
by a Determination; and
(b) public service body Heads and other
executives employed in public service
10 bodies within the remuneration bands set
by a Determination.
34 Tribunal may provide advice
(1) If an employer proposes to pay--
(a) an executive employed in a prescribed
15 public entity remuneration that exceeds the
maximum of the relevant remuneration band
set by a Determination; or
(b) a public service body Head or other
executive employed in a public service body
20 remuneration that exceeds the maximum of
the relevant remuneration band set by a
Determination--
the employer must apply to the Tribunal for
advice as to the remuneration proposed to be paid
25 and consider the advice provided.
(2) The Tribunal must provide advice on an
application under subsection (1) within a
reasonable time.
(3) The Minister may request the Tribunal to
30 provide advice about any matter relating to the
following--
(a) remuneration or funding relating to any
specified occupational group;
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Part 5--General
(b) remuneration in relation to prescribed public
sector bodies.
(4) The Tribunal must provide advice to the Minister
within a reasonable time after receiving the
5 request.
35 Tribunal may undertake reviews and publish
reports
The Tribunal may on its own motion undertake
reviews and publish reports about any matter
10 relating to remuneration and allowances of any
specified occupational group.
36 Annual report
As soon as practicable after the end of the
financial year but not later than the following
15 31 October, the Tribunal must submit to the
Minister an annual report containing the following
in relation to the period of 12 months ending on
the preceding 30 June--
(a) information about the number of
20 Determinations made by the Tribunal;
(b) details of any disclosure of an interest
recorded in the minutes of a meeting of the
Tribunal under section 14(4);
(c) a review of the operations of the Tribunal,
25 including the work undertaken by the
Tribunal;
(d) the number of Members who have
not complied with requests for further
information by the Compliance Officer in the
30 preceding year in relation to Determinations
about separation payments;
(e) the number of appeals heard by the
Compliance Officer in the preceding year
in relation to separation payments and the
35 outcome of the appeals;
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Standards Bill 2017
Part 5--General
(f) the number of Members who have
not complied with requests for further
information by the Compliance Officer in
the preceding year in relation to appeals
5 relating to work-related parliamentary
allowances and the Budget;
(g) the number of appeals heard by the
Compliance Officer in the preceding year in
relation to appeals relating to work-related
10 parliamentary allowances and the Budget
and the outcome of the appeals;
(h) a report on the performance of the function
of the Compliance Officer in the preceding
year;
15 (i) any other prescribed matter.
37 Confidentiality of information
A person who is or was a Tribunal member,
Tribunal officer or Compliance Officer must not
knowingly disclose any information acquired by
20 the person by reason of being a Tribunal member,
Tribunal officer or Compliance Officer, or in the
course of the performance of functions under this
Act, except--
(a) for the performance of the functions of
25 the Tribunal member, Tribunal officer or
Compliance Officer under this Act; or
(b) if the information is in the public domain at
the time of the disclosure, otherwise than as
a result of a disclosure that the person knows
30 or ought to have known was unlawful; or
(c) as is otherwise authorised or required under
this Act or any other Act.
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Part 5--General
38 Disclosure or provision of information by Tribunal
member, Tribunal officer or Compliance Officer
(1) A Tribunal Member, Tribunal officer or
Compliance Officer may at any time provide or
5 disclose any information referred to in section 37,
or give any document or other thing, to any person
or body if the Tribunal member, Tribunal officer
or Compliance Officer--
(a) considers that the information, document or
10 other thing is relevant to the performance of
the functions of the person or body; and
(b) considers it appropriate to disclose the
information or give the document or other
thing to the person or body.
15 (2) If a document or other thing is given to a person
or body under subsection (1), the person or body
must, at the request of a Tribunal member,
Tribunal officer or Compliance Officer, return
the document or other thing if it ceases to be
20 reasonably necessary for the person or body
to retain the document or other thing for the
purposes for which it was given to the person
or body.
39 Taking advantage of information
25 (1) This section applies to a person to whom
information is given by a Tribunal member,
Tribunal officer or Compliance Officer during
the course of the performance of the Tribunal's
or Compliance Officer's functions.
30 (2) The person to whom the information is given must
not take advantage of the information to benefit
the person or any other person.
(3) Subsection (2) does not apply if the information is
in the public domain at the time the person takes
35 advantage of the information, otherwise than as a
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Standards Bill 2017
Part 5--General
result of a disclosure that the person knows or
ought to have known was unlawful.
40 Regulations
The Governor in Council may make regulations
5 for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
41 Minister to conduct review
10 The Minister must--
(a) cause a review to be made of the first
10 years of operation of this Act from the
date on which this section comes into
operation; and
15 (b) cause a copy of a report of the review to be
laid before each House of Parliament on or
before the end of the period of 12 months
after the day on which the review is
completed.
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
Part 6--Amendment of Parliamentary
Salaries and Superannuation Act 1968
42 Principal Act in this Part
In this Part, the Parliamentary Salaries and
5 Superannuation Act 1968 is called the Principal
Act.
43 Parliamentary Salaries and Superannuation
Act 1968 renamed
(1) In the title to the Principal Act, after "Salaries"
10 insert ", Allowances".
(2) In section 1(1) of the Principal Act, after
"Salaries" insert ", Allowances".
44 New section 2 inserted--Purpose
After section 1 of the Principal Act insert--
15 "2 Purpose
The purpose of this Act is to--
(a) provide for salaries and additional
salaries for Members; and
(b) provide for allowances and the Budget
20 for Members to support them in the
performance of their public duties; and
(c) set out a Statement of Principles with
respect to the use of public resources by
Members; and
25 (d) establish a monitoring, compliance
and enforcement scheme in relation to
the use of work-related parliamentary
allowances and the Budget by
Members; and
30 (e) provide superannuation arrangements
for Members and former Members.".
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
45 Amendment of section 3--Definitions
(1) In section 3 of the Principal Act--
(a) for the definition of basic salary
substitute--
5 "basic salary means the basic salary payable
to a Member as set in a Determination
that is currently in effect;";
(b) for the definition of member substitute--
"Member means Member of the Parliament
10 of Victoria;";
(c) in the definition of third party, for
"Parliament." substitute "Parliament;".
(2) In section 3 of the Principal Act insert the
following definitions--
15 "additional salary means the additional salary
payable to a Member who is a specified
parliamentary office holder in respect of that
specified parliamentary office as set out in a
Determination that is currently in effect;
20 Budget means the Electorate Office and
Communications Budget of a Member
under section 7F;
Compliance Officer has the same meaning
as it has in section 3 of the Victorian
25 Independent Remuneration Tribunal
and Improving Parliamentary Standards
Act 2017;
Determination has the same meaning as it has
in section 3 of the Victorian Independent
30 Remuneration Tribunal and Improving
Parliamentary Standards Act 2017;
prescribed means prescribed by regulations made
under this Act;
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Standards Bill 2017
Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
public duties has the same meaning as it has in
section 2(1) of the Members of Parliament
(Standards) Act 1978;
public resources means the work-related
5 parliamentary allowances and other
funding, resources or facilities, including
the Budget, provided for use by Members
in the performance of their public duties
but does not include--
10 (a) basic salaries and additional
salaries; and
(b) the separation payment under
section 7E;
relevant Clerk means--
15 (a) if the Member is a Member of the
Assembly, the Clerk of the Assembly;
or
(b) if the Member is a Member of the
Council, the Clerk of the Council;
20 relevant Officer means--
(a) in relation to work-related
parliamentary allowances, the
relevant Clerk; or
(b) in relation to the Budget, the
25 Secretary of the Department of
Parliamentary Services;
specified parliamentary office means any of
the following offices held by a Member in
addition to their role as a Member--
30 (a) Premier;
(b) Deputy Premier:
(c) any other responsible Minister of the
Crown;
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Standards Bill 2017
Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
(d) Leader of the Opposition;
(e) President;
(f) Speaker;
(g) Deputy President;
5 (h) Deputy Speaker;
(i) Deputy Leader of the Opposition in
the Assembly;
(j) Leader of the Opposition in the
Council;
10 (k) Leader of the Third Party in the
Assembly (unless they are also the
Leader or Deputy Leader of the
Opposition or a Minister of the Crown);
(l) Cabinet Secretary;
15 (m) a Shadow Minister;
(n) a Chairperson of a parliamentary
committee (including a Joint
Investigatory Committee within the
meaning of the Parliamentary
20 Committees Act 2003, a standing
committee, a select committee and a
domestic committee);
(o) a Deputy Chairperson of a
parliamentary committee (including a
25 Joint Investigatory Committee within
the meaning of the Parliamentary
Committees Act 2003, a standing
committee, a select committee and a
domestic committee);
30 (p) Government Whip in the Assembly;
(q) Deputy Leader of the Opposition in the
Council;
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Standards Bill 2017
Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
(r) Leader of the Third Party in the
Council (unless they are also the Leader
or Deputy Leader of the Opposition or
a Minister of the Crown);
5 (s) a Parliamentary Secretary;
(t) Deputy Leader of the Third Party in
the Assembly (unless they are also
the Leader or Deputy Leader of the
Opposition or a Minister of the Crown);
10 (u) Government Whip in the Council;
(v) Opposition Whip in the Assembly;
(w) Opposition Whip in the Council;
(x) Whip of the Third Party in the
Assembly;
15 (y) Whip of the Third Party in the Council;
(z) Secretary of the Party forming the
Government;
(za) Secretary of the Opposition Party;
(zb) Secretary of the Third Party;
20 (zc) any other prescribed parliamentary
office;
specified parliamentary office holder means a
Member who holds a specified parliamentary
office;
25 Tribunal has the same meaning as it has in
section 3 of the Victorian Independent
Remuneration Tribunal and Improving
Parliamentary Standards Act 2017;
work-related parliamentary allowances means
30 the allowances specified in section 6(2).".
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
46 Amendment of heading to Part 2
In the heading to Part 2 of the Principal Act,
after "ALLOWANCES" insert "AND THE
BUDGET".
5 47 New Division 1 inserted in Part 2
Before section 6 of the Principal Act insert--
"Division 1--Statement of Principles
4 Outline of Division
This Division sets out a Statement of
10 Principles that applies in respect of the use
of public resources by Members.
4A Fair and reasonable recompense for
public duties
(1) A Member should receive fair and
15 reasonable recompense for performing
their public duties.
(2) Public resources are provided to a Member
to support them in performing their public
duties.
20 4B Good faith and integrity
A Member must act ethically, reasonably and
in good faith when using, and accounting for
the use of, public resources in relation to the
performance of their public duties.
25 4C Personal responsibility and accountability
(1) A Member must be responsible and
accountable for their use of public resources.
(2) A Member must be prepared for their claims
to be made publicly available.
30 (3) A Member must be able to publicly justify
their use of public resources.".
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
48 Consequential amendment
Before section 6 of the Principal Act insert--
"Division 2--Salaries, work-related
parliamentary allowances and other
5 allowances".
49 Section 6 substituted--Members' salaries and
work-related parliamentary allowances
For section 6 of the Principal Act substitute--
"6 Members' salaries and work-related
10 parliamentary allowances
(1) A Member is to be paid--
(a) a basic salary; and
(b) if the Member is a specified
parliamentary office holder, the
15 additional salary payable in respect of
that specified parliamentary office.
(2) Subject to this Act and the regulations,
a Member is to receive the following
work-related parliamentary allowances to
20 support them in the exercise of their public
duties--
(a) an electorate allowance;
(b) any expense allowance;
(c) a parliamentary accommodation
25 sitting allowance;
(d) a travel allowance;
(e) a motor vehicle allowance;
(f) any other prescribed allowance.
(3) A Member who concurrently holds more
30 than one specified parliamentary office is
only entitled to receive one additional salary,
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
being the highest additional salary to which
the Member is entitled.
(4) The Leader of the Opposition must notify
the relevant Clerk of a House in writing of
5 the name of any Member of that House who
holds the specified parliamentary office of
Shadow Minister within 7 days of the
Member holding or ceasing to hold that
office.
10 (5) The Leader of the Opposition may under
subsection (4) notify a number of Members
who hold the specified parliamentary office
of Shadow Minister being a number that is
not greater than the number of Members who
15 currently hold the specified parliamentary
office of Minister.".
50 Section 7E substituted--Separation payment
For section 7E of the Principal Act substitute--
"7E Separation payment
20 (1) This section applies to a person who is not
a member of the Scheme under Part 3 and
who--
(a) dies whilst in office as a Member of
Parliament; or
25 (b) otherwise ceases to be a member of
either House of the Parliament or
does not seek re-election at a general
election for any reason, other than
corrupt conduct or a significant and
30 wilful breach.
(2) Subject to this section, a person to whom
this section applies is entitled to a separation
payment calculated in accordance with
subsection (3).
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
(3) The separation payment is--
(a) if the person served as a member in the
Parliament for a period of one term or
less, an amount equivalent to 3 months
5 of the annual basic salary payable to
the member immediately before the
day that the person died or otherwise
ceased to be a member or did not seek
re-election; or
10 (b) if the person served as a member for
a period of more than one term, an
amount equivalent to 6 months of the
annual basic salary payable to the
member immediately before the day
15 that the person died or otherwise
ceased to be a member or did not
seek re-election
(4) For the purposes of subsection (3), a person
who becomes a member as a result of
20 being--
(a) elected at a by-election to fill a
vacancy in the Assembly; or
(b) chosen under section 27A of the
Constitution Act 1975 to fill a casual
25 vacancy in the Council--
is to be taken to have been elected for the
duration of the Parliament during which the
vacancy occurred.
(5) A person must repay a separation payment
30 received under this section if, during the
Parliament immediately after the general
election at which the person ceased to be a
member, the person--
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
(a) is declared elected as a result of a
declaration of the Court of Disputed
Returns under the Electoral Act 2002;
or
5 (b) is re-elected as a member of either
House of the Parliament; or
(c) becomes a member as a result of
being chosen under section 27A of the
Constitution Act 1975 to fill a casual
10 vacancy in the Council.
(6) If a person ceases to be a member of either
House of the Parliament because of their
death, the separation payment to which the
person would be entitled if they had not died
15 is to be paid to the person or persons that the
Clerk of the relevant House of the Parliament
is satisfied is or are the beneficiary or
beneficiaries of the person.
(7) If a former Member is convicted of corrupt
20 conduct in connection with their period in
office as a Member, the separation payment
made to the former Member becomes a debt
due to the State and may be recovered by the
Clerk of the relevant House of the Parliament
25 as a debt due to the State in a court of
competent jurisdiction.
(8) If the Clerk of the relevant House of the
Parliament determines that a former Member
has committed a significant and wilful
30 breach in connection with their period in
office as a Member, the separation payment
made to the former Member becomes a debt
due to the State and may be recovered by the
Clerk of the relevant House of the Parliament
35 as a debt due to the State in a court of
competent jurisdiction.
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Part 6--Amendment of Parliamentary Salaries and Superannuation Act 1968
(9) The Clerk of the relevant House of the
Parliament may request a former Member by
notice in writing to provide any information
which the Clerk of the relevant House of the
5 Parliament considers is reasonably necessary
to determine whether the former Member has
committed a significant and wilful breach in
connection with their period in office as a
Member.
10 (10) If a former Member does not comply with
a request under subsection (9), the Clerk of
the relevant House of the Parliament may
determine that the former Member has
committed a significant and wilful breach
15 in connection with their period in office as
a Member.
(11) If the Clerk of the relevant House of the
Parliament proposes to make a determination
that the former Member has committed a
20 significant and wilful breach in connection
with their period in office as a Member, the
Clerk of the relevant House of the Parliament
must provide the former Member--
(a) reasonable notice of the proposed
25 determination; and
(b) a reasonable opportunity to make
submissions in relation to the proposed
determination.
(12) A former Member may within 28 days of
30 being advised by the Clerk of the relevant
House of the Parliament of the determination
made by the Clerk of the relevant House of
the Parliament under subsection (8) appeal
in the prescribed form to the Compliance
35 Officer against the determination.
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(13) The Compliance Officer must provide the
former Member who has appealed and the
Clerk of the relevant House of the Parliament
who made the determination a reasonable
5 opportunity to make submissions in relation
to the appeal.
(14) The Compliance Officer may request the
former Member who has appealed or the
Clerk of the relevant House of the Parliament
10 who made the determination to provide
further information in relation to the appeal.
(15) If the former Member does not comply
with a request under subsection (14), the
Compliance Officer may reject the appeal
15 and notify the former Member accordingly.
(16) The Compliance Officer must consider any
submissions under subsection (13) and any
further information under subsection (14)
before determining the appeal.
20 (17) If the Compliance Officer determines to
uphold the appeal, the Compliance Officer
must--
(a) notify the former Member and the
Clerk of the relevant House of the
25 Parliament; and
(b) publish a statement of findings on the
Tribunal's Internet site.
(18) If the Clerk of the relevant House of the
Parliament is notified under subsection (17)
30 that the Compliance Officer has upheld the
appeal, the former Member retains the
separation payment.
(19) If the Compliance Officer determines to
reject the appeal, the Compliance Officer
35 must--
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(a) notify the Member and the Clerk of the
relevant House of the Parliament; and
(b) publish a statement of findings and any
required actions on the Tribunal's
5 Internet site.
(20) If the Compliance Officer determines to
reject the appeal, the separation payment
made to the former Member becomes a debt
due to the State and may be recovered by the
10 Clerk of the relevant House of the Parliament
as a debt due to the State in a court of
competent jurisdiction.
(21) A former Member is not entitled to the
reimbursement of any legal costs incurred by
15 the Member in relation to this section.
(22) The Clerk of the relevant House of the
Parliament must include the following in the
annual report of the Parliament--
(a) the number of Members who received a
20 separation payment;
(b) the number of determinations made
under subsection (8);
(c) the number of former Members who
have not complied with a request under
25 subsection (9).
(23) In this section--
corrupt conduct has the meaning given in
section 4 of the Independent Broad-
based Anti-corruption Commission
30 Act 2011;
general election includes--
(a) a supplementary election held as
a result of a failed election at a
general election; or
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(b) a re-election held as a result of a
tied election at a general election;
significant and wilful breach means a
significant and wilful breach of the
5 Code of Conduct under the Members
of Parliament (Register of Interests)
Act 1978.".
51 New Division 3 inserted in Part 2
After section 7E of the Principal Act insert--
10 "Division 3--The Budget
7F The Budget
(1) A Member is to be provided with an
Electorate Office and Communications
Budget.
15 (2) The Budget is available to a Member to--
(a) fund the operating costs and
maintenance of their electorate office;
and
(b) communicate with their electorate in
20 relation to the performance of their
public duties.
(3) The Budget is to be funded in the annual
Appropriation (Parliament) Act.".
52 Consequential amendments
25 (1) Sections 8, 8A and 8B of the Principal Act
are repealed.
(2) In section 31(2)(a)(ii) of the Principal Act,
for "he or she was the holder of an office
specified in the first column of the Table to
30 section 6" substitute "the Member was a
specified parliamentary office holder".
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53 Amendment of section 9--Application of
Consolidated Fund
In section 9(1) of the Principal Act, after "Part 4"
insert "but excluding the Budget".
5 54 New Divisions 4, 5, 6 and 7 inserted in Part 2
After section 9 of the Principal Act insert--
"Division 4--Monitoring, compliance
and enforcement provisions relating to
work-related parliamentary allowances
10 and the Budget
9A Value for money
A Member must provide value for money
in using their work-related parliamentary
allowances and Budget by ensuring that
15 the costs incurred are reasonable and
proportionate to the costs of performing
their public duties.
9B Dominant purpose test
(1) A Member must not claim or use a
20 work-related parliamentary allowance or
their Budget unless it is claimed for the
dominant purpose of performing their public
duties.
(2) A Member can only claim or use a
25 work-related parliamentary allowance or
their Budget for the travel expenses of
another individual if that individual's travel
is essential to support and execute the
Member's public duties.
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9C Member must not make claims or use or
incur expenses in breach of terms or
conditions
(1) A Member must claim or use work-related
5 parliamentary allowances and the Budget
provided to them responsibly and only for
legitimate purposes in connection with their
public duties.
(2) The relevant Officer may impose terms
10 and conditions in respect of the provision,
claim and use of work-related parliamentary
allowances and the Budget in addition to any
prescribed terms and conditions.
(3) A Member must be aware of, and comply
15 with, the terms and conditions that apply
to the provision, claim and use of the
work-related parliamentary allowances
and the Budget.
(4) A Member must not make a claim for, or
20 use, a work-related parliamentary allowance
or the Budget if that claim or use would be in
breach of a term or condition to which the
work-related parliamentary allowance or the
Budget is subject.
25 9D Travel allowance to be claimed as a
reimbursement
A Member may only claim a travel
allowance by making a claim for the
reimbursement of costs incurred in relation
30 to the use of the travel allowance.
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9E Claim for work-related parliamentary
allowance or under the Budget
(1) A claim for a work-related parliamentary
allowance or under the Budget must--
5 (a) be lodged with the relevant Officer; and
(b) include a certificate given by the
Member that the claim complies with
this Act and the regulations and any
other prescribed document; and
10 (c) if the claim when added to any
previous claims made in respect of
travel allowances in a calendar year
exceeds 68 nights in that calendar year,
include an explanation by the Member.
15 (2) A claim for a work-related parliamentary
allowance or under the Budget must be
accompanied by--
(a) the prescribed supporting
documentation; and
20 (b) if the claim when added to any
previous claims made in respect of
travel allowances in a calendar year
exceeds 68 nights in that calendar
year, any additional prescribed
25 documentation.
9F Relevant Officer may request further
information
(1) The relevant Officer may request a
Member by notice in writing to provide
30 further information--
(a) in support of the claim for a
work-related parliamentary allowance
or under the Budget; or
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(b) about the claim for, or conduct
in relation to, a work-related
parliamentary allowance or under
the Budget--
5 which the relevant Officer considers is
reasonably necessary to determine the claim
for a work-related parliamentary allowance
or under the Budget.
(2) If a Member does not comply with a request
10 under subsection (1), the relevant Officer
may determine that they are not satisfied that
the claim for, or conduct in relation to, a
work-related parliamentary allowance or the
Budget made by the Member complies with
15 this Act and the regulations and any other
prescribed document.
9G Relevant Officer must make
determination
(1) The relevant Officer must determine
20 whether--
(a) the claim for a work-related
parliamentary allowance or under
the Budget; and
(b) the conduct in relation to the
25 work-related parliamentary allowance
or the Budget--
complies with this Act and the regulations
and any other prescribed document.
(2) If the relevant Officer determines that--
30 (a) the claim for a work-related
parliamentary allowance or under
the Budget; and
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(b) the conduct in relation to the
work-related parliamentary allowance
or the Budget--
complies in whole or in part with this Act
5 and the regulations and any other prescribed
document, the relevant Officer must pay
the Member the value of the claim for the
work-related parliamentary allowance or
under the Budget that complies in whole
10 or in part.
(3) If the relevant Officer proposes to determine
that they are not satisfied that--
(a) the claim for a work-related
parliamentary allowance or under
15 the Budget; or
(b) the conduct relating to the
work-related parliamentary allowance
or the Budget--
complies in whole or in part with this Act
20 and the regulations and any other prescribed
document, the relevant Officer must provide
the Member who made the claim for the
work-related parliamentary allowance or
under the Budget--
25 (c) reasonable notice of the proposed
determination; and
(d) a reasonable opportunity to make
submissions in relation to the proposed
determination.
30 (4) If the relevant Officer is satisfied after
considering a submission under subsection
(3) that--
(a) the claim for a work-related
parliamentary allowance or under
35 the Budget; and
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(b) the conduct in relation to the
work-related parliamentary allowance
or the Budget--
complies in whole or in part with this Act
5 and the regulations and any other prescribed
document, the relevant Officer must pay
the Member the value of the claim for the
work-related parliamentary allowance or
under the Budget that complies in whole
10 or in part.
(5) If the relevant Officer is not satisfied after
considering all the submissions made under
subsection (3) that--
(a) the claim for a work-related
15 parliamentary allowance or under
the Budget; and
(b) the conduct in relation to the
work-related parliamentary allowance
or the Budget--
20 complies in whole or in part with this Act
and the regulations and any other prescribed
document, the relevant Officer must--
(c) reject the claim for the work-related
parliamentary allowance or under the
25 Budget; and
(d) advise the Member that the claim
for the work-related parliamentary
allowance or under the Budget has
been rejected.
30 (6) Subsection (7) applies if--
(a) the relevant Officer has determined that
they are not satisfied that the claim or
part of the claim for a work-related
parliamentary allowance or under
35 the Budget or the conduct in relation
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to the claim for the work-related
parliamentary allowance or under the
Budget complies with this Act and the
regulations and any other prescribed
5 document; and
(b) the Member has already received a
payment in respect of the claim or
part of the claim for the work-related
parliamentary allowance or under the
10 Budget.
(7) If this subsection applies, the Member
must within 28 days of being advised by
the relevant Officer, or if the Member has
lodged an appeal and is advised by the
15 Compliance Officer that the appeal has been
rejected, within 28 days of being advised by
the Compliance Officer--
(a) repay the amount of the claim or
part of the claim for the work-related
20 parliamentary allowance or under the
Budget received in breach of this Act
and the regulations and any other
prescribed document; and
(b) pay a penalty that is equal to
25 25 per cent of the amount specified
in paragraph (a).
(8) If the Member does not repay the amount
under subsection (7), the relevant Officer
may--
30 (a) deduct that amount from any salary or
allowance or Budget payable to the
Member; or
(b) recover the amount as a debt due to
the State in a court of competent
35 jurisdiction.
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(9) A Member is not entitled to the
reimbursement of any legal costs incurred
by the Member in relation to this section.
9H Member may appeal
5 (1) This section applies if a Member is
aggrieved by a determination of the relevant
Officer under section 9G.
(2) A Member may within 28 days of being
advised by the relevant Officer of the
10 determination made by the relevant Officer
under section 9G appeal in the prescribed
form to the Compliance Officer against the
determination.
(3) The Compliance Officer must provide the
15 Member who has appealed and the relevant
Officer who made the determination a
reasonable opportunity to make submissions
in relation to the appeal.
(4) The Compliance Officer may request the
20 Member who has appealed or the relevant
Officer who made the determination to
provide further information in relation to
the appeal.
(5) If the Member does not comply with a
25 request under subsection (4), the Compliance
Officer may reject the appeal and notify the
Member accordingly.
(6) The Compliance Officer must consider any
submissions under subsection (3) and any
30 further information under subsection (4)
before determining the appeal.
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(7) If the Compliance Officer determines to
uphold the appeal, the Compliance Officer
must--
(a) notify the Member and the relevant
5 Officer; and
(b) publish a statement of findings on the
Tribunal's Internet site.
(8) If the relevant Officer is notified under
subsection (7) that the Compliance Officer
10 has upheld the appeal, the relevant Officer
must accept the claim and make the
payment of the claim for the work-related
parliamentary allowance or under the
Budget.
15 (9) If the Compliance Officer determines to
reject the appeal, the Compliance Officer
must--
(a) notify the Member and the relevant
Officer; and
20 (b) publish a statement of findings and
any required actions on the Tribunal's
Internet site.
(10) The Member must within 28 days of being
notified under subsection (9) that the appeal
25 has been rejected--
(a) repay the amount of the claim for the
work-related parliamentary allowance
or under the Budget received in breach
of this Act and the regulations and any
30 other prescribed document; and
(b) pay a penalty that is equal to
25 per cent of the amount specified
in paragraph (a).
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(11) If the Member does not repay the amount
under subsection (10), the relevant Officer
may--
(a) deduct that amount from any salary or
5 allowance or Budget payable to the
Member; or
(b) recover the amount as a debt due
to the State in a court of competent
jurisdiction.
10 (12) A Member is not entitled to the
reimbursement of any legal costs incurred
by the Member in relation to this section.
9I Prescribed details to be published
The relevant Officer must publish the
15 prescribed details in respect of claims for
work-related parliamentary allowances or
under the Budget made to the relevant
Officer during each period of 3 months
ending 31 March, 30 June, 30 September
20 and 31 December as soon as practicable after
the end of each period.
9J Information to be included in annual
report
The relevant Officer must include in
25 the annual report of the Parliament the
prescribed details in respect of--
(a) claims and determinations in respect of
work-related parliamentary allowances
or under the Budget lodged with the
30 relevant Officer by Members during the
year; and
(b) Members who have submitted claims
for a travel allowance exceeding
68 nights for that year and the
35 documentation provided in support; and
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(c) Members who have not complied with
a request made by the relevant Officer
under section 9F during the year; and
(d) any other prescribed matter.
5 Division 5--Regulations and guidelines
9K Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by Part 1 and
10 this Part to be prescribed or necessary to be
prescribed to give effect to Part 1 and this
Part.
(2) Without limiting the generality of
subsection (1), the Governor in Council
15 may make regulations for or with respect
to--
(a) prescribing a parliamentary office to
be a prescribed parliamentary office for
the purposes of paragraph (zc) of the
20 definition of specified parliamentary
office in section 3;
(b) prescribing allowances payable under
this Part;
(c) the terms and conditions which are
25 to apply to the provision and use of
work-related parliamentary allowances
and the Budget;
(d) the provision of any article, equipment
or service to Members;
30 (e) the terms and conditions which are to
apply to the provision and use of the
article, equipment or service;
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(f) the calculation and imposition of
any contribution which the Member is
required to make from the salary of the
Member towards the cost of providing
5 the article, equipment or service.
(3) Without limiting the generality of
subsection (1), the Governor in Council
may make regulations for or with respect
to--
10 (a) the provision of motor vehicles to
Members;
(b) the terms and conditions which are to
apply to the provision and use of that
motor vehicle;
15 (c) the calculation and imposition of any
contribution which the Member is
required to make from the salary of the
Member towards the cost of providing
that motor vehicle.
20 (4) The Minister must not submit for making
any regulations proposed to be made under
subsection (2)(a) unless the Minister has
obtained the approval of the Presiding
Officers.
25 (5) For the purposes of this section and any
regulations made under subsection (3),
motor vehicle includes any related
equipment or services.
(6) The regulations may--
30 (a) leave any matter or thing to be from
time to time determined, applied,
dispensed with or regulated by a
specified person or specified class
of persons;
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(b) confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons;
5 (c) apply, adopt or incorporate (with or
without modification) the provisions
of any document, code, standard, rule,
specification or method whether as
formulated, issued, prescribed or
10 published at the time the regulations
are made.
(7) Any regulations made under this
section must not be inconsistent with a
Determination.
15 (8) If a regulation made under this section is
inconsistent with a Determination in effect
before or after the making of the regulation,
the Determination prevails to the extent of
the inconsistency.
20 9L Minister may make guidelines
(1) The Minister may, in relation to regulations
made under section 9K(3), make guidelines
containing policies and procedures for or
with respect to the provision of motor
25 vehicles to Members.
(2) A Member must comply with any guidelines
made under this section.
Division 6--Transitional provisions
9M Purpose of this Division
30 The purpose of this Division is to provide
transitional arrangements which are to apply
until the relevant Determinations are made.
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9N Application of Act
(1) Despite the amendment of this Act by the
Victorian Independent Remuneration
Tribunal and Improving Parliamentary
5 Standards Act 2017, until the relevant
Determinations are made, this Act applies
as if--
(a) the definitions of additional salary,
basic salary, specified parliamentary
10 office, specified parliamentary office
holder and work-related parliamentary
allowances had not been inserted
by section 45 of the Victorian
Independent Remuneration Tribunal
15 and Improving Parliamentary
Standards Act 2017; and
(b) the amendments made to this Act by
sections 48 and 49 of the Victorian
Independent Remuneration Tribunal
20 and Improving Parliamentary
Standards Act 2017 were not in
operation; and
(c) a reference in Divisions 4 and 5 to
work-related parliamentary allowances
25 was a reference to allowances under
this Act and the regulations as in force
immediately before the amendment of
this Act by the Victorian Independent
Remuneration Tribunal and
30 Improving Parliamentary Standards
Act 2017.
(2) Despite the repeal of sections 8 and 8A by
section 52(1) of the Victorian Independent
Remuneration Tribunal and Improving
35 Parliamentary Standards Act 2017, any
regulations made under section 8 or 8A
and in force immediately before the
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commencement of section 52(1) of the
Victorian Independent Remuneration
Tribunal and Improving Parliamentary
Standards Act 2017 continue in force as if
5 made under section 9K--
(a) until the regulations are repealed by
regulations made in substitution for
those regulations under section 9K; or
(b) except to the extent that they are
10 inconsistent with any Determination
made after that commencement.
(3) Despite the repeal of section 8B by
section 52(1) of the Victorian Independent
Remuneration Tribunal and Improving
15 Parliamentary Standards Act 2017, any
guidelines made under section 8B and in
force immediately before the commencement
of section 52(1) of the Victorian
Independent Remuneration Tribunal
20 and Improving Parliamentary Standards
Act 2017 continue in force as if made under
section 9L--
(a) until the guidelines are revoked by
guidelines made in substitution for
25 those guidelines under section 9L; or
(b) except to the extent that they are
inconsistent with any Determination
made after that commencement.
Division 7--Review
30 9O Minister to conduct review
The Minister must--
(a) cause a review to be made of the first
10 years of operation of this Part from
the date on which all the amendments
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made to this Part by the Victorian
Independent Remuneration Tribunal
and Improving Parliamentary
Standards Act 2017 have commenced;
5 and
(b) cause a copy of a report of the
review to be laid before each House of
Parliament on or before the end of the
period of 12 months after the day on
10 which the review is completed.".
55 Amendment of sections 30 and 31--State's
obligations to make contributions
(1) In section 30 of the Principal Act omit "a month
if all or part of the month is in".
15 (2) In section 31(1) of the Principal Act omit
"in respect of a month".
(3) In section 31(2) of the Principal Act--
(a) in paragraph (a)(i) omit "in respect of the
month";
20 (b) in paragraph (a)(ii) omit "for some or all of
the month".
(4) After section 31(3) of the Principal Act insert--
"(3A) For the purposes of determining the amount
of the contribution for the financial year
25 ending 30 June 2018, the amount of
parliamentary salary and the amount (if any)
of additional salary to which the member is
entitled is to be determined in respect of the
whole of the financial year.".
30 (5) In section 31(4) of the Principal Act, for
"the State is not required by this section to pay
contributions" substitute "the Member may
request in writing that the State limit employer
contributions to the amount specified in the
35 request".
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56 New Part 5 inserted
After Part 4 of the Principal Act insert--
"Part 5--General
44 Construction provision
5 (1) Any reference to the Parliamentary
Salaries and Superannuation Act 1968 in
any Act, subordinate instrument, agreement
or other document, so far as it relates to
any period after the commencement of
10 section 43 of the Victorian Independent
Remuneration Tribunal and Improving
Parliamentary Standards Act 2017,
is to be construed as a reference to the
Parliamentary Salaries, Allowances and
15 Superannuation Act 1968, unless the
contrary intention appears.
(2) Any reference to member or members in
this Act or the regulations, so far as it relates
to any period after the commencement of
20 section 45(1) of the Victorian Independent
Remuneration Tribunal and Improving
Parliamentary Standards Act 2017, is to
be construed as a reference to Member or
Members, unless the contrary intention
25 appears.".
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Part 7--Amendment of Public Administration Act 2004
Part 7--Amendment of Public
Administration Act 2004
57 Amendment of section 4--Definitions
In section 4(1) of the Public Administration
5 Act 2004, after the definition of statutory office
insert--
"Tribunal means the Victorian Independent
Remuneration Tribunal established under
section 4 of the Victorian Independent
10 Remuneration Tribunal and Improving
Parliamentary Standards Act 2017;".
58 Amendment of section 6--What are special bodies?
After section 6(1)(gb) of the Public
Administration Act 2004 insert--
15 "(gc) the Tribunal;".
59 Amendment of section 25--Executive employment
governed by contract
After section 25(3) of the Public Administration
Act 2004 insert--
20 "(4) The remuneration paid to an executive under
a contract of employment--
(a) must be within the relevant
remuneration band in a Determination
made by the Tribunal; or
25 (b) may exceed the maximum of the
relevant remuneration band only if
the employer of the executive has
obtained the advice of the Tribunal
under section 34 of the Victorian
30 Independent Remuneration Tribunal
and Improving Parliamentary
Standards Act 2017.".
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Part 7--Amendment of Public Administration Act 2004
60 Amendment of section 44--Terms and conditions of
appointment
After section 44(1) of the Public Administration
Act 2004 insert--
5 "(1A) The remuneration paid to the Commissioner
under subsection (1)--
(a) must be within the relevant
remuneration band in a Determination
made by the Tribunal; or
10 (b) may exceed the maximum of the
relevant remuneration band only if the
employer of the Commissioner has
obtained the advice of the Tribunal
under section 34 of the Victorian
15 Independent Remuneration Tribunal
and Improving Parliamentary
Standards Act 2017.".
61 Amendment of section 47--Acting Commissioner
After section 47(6) of the Public Administration
20 Act 2004 insert--
"(6A) The remuneration paid to the Acting
Commissioner under subsection (6)--
(a) must be within the relevant
remuneration band in a Determination
25 made by the Tribunal; or
(b) may exceed the maximum of the
relevant remuneration band only if the
employer of the Acting Commissioner
has obtained the advice of the Tribunal
30 under section 34 of the Victorian
Independent Remuneration Tribunal
and Improving Parliamentary
Standards Act 2017.".
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62 New section 119 inserted--Transitional provision--
Victorian Independent Remuneration Tribunal and
Improving Parliamentary Standards Act 2017
After section 118 of the Public Administration
5 Act 2004 insert--
"119 Transitional provision--Victorian
Independent Remuneration Tribunal
and Improving Parliamentary Standards
Act 2017
10 Despite the commencement of Part 7 of the
Victorian Independent Remuneration
Tribunal and Improving Parliamentary
Standards Act 2017, this Act as in force
immediately before that commencement
15 continues to apply in respect of the
remuneration of an executive, the
Commissioner or the Acting Commissioner,
until the relevant Determination takes
effect under the Victorian Independent
20 Remuneration Tribunal and Improving
Parliamentary Standards Act 2017.".
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Part 8--Parliamentary Standards--
Amendments to the Members of Parliament
(Register of Interests) Act 1978
63 Principal Act in this Part
5 In this Part, the Members of Parliament
(Register of Interests) Act 1978 is called the
Principal Act.
64 Members of Parliament (Register of Interests)
Act 1978 renamed
10 (1) In the title to the Principal Act, for "Register of
Interests" substitute "Standards".
(2) In section 1(1) of the Principal Act, for
"Register of Interests" substitute "Standards".
65 Renumbering
15 (1) Before section 1 of the Principal Act insert--
"Part 1--Preliminary".
(2) Section 1(3) of the Principal Act is repealed.
66 Section 2 substituted--Definitions
For section 2 of the Principal Act substitute--
20 "2 Definitions
(1) In this Act--
beneficial interest means a beneficial
interest specified in section 19(1)
or 20(1) and includes an interest in
25 a private superannuation fund;
debt does not include a personal debt of
the Member--
(a) owed to a member of the
Member's family; or
30 (b) owed to an ADI; or
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(c) owed to a person whose ordinary
business includes the lending of
money; or
(d) arising from the supply of
5 ordinary household or office-
related goods and services;
domestic partner of a person means--
(a) a person who is in a registered
domestic relationship with the
10 person; or
(b) an adult person to whom
the person is not married but
with whom the person is in a
relationship as a couple where
15 one or each of them provides
personal or financial commitment
and support of a domestic nature
for the material benefit of the
other, irrespective of their genders
20 and whether or not they are living
under the same roof, but does not
include a person who provides
domestic support and personal
care to the person--
25 (i) for fee or reward; or
(ii) on behalf of another person
or an organisation (including
a government or government
agency, a body corporate or
30 a charitable or benevolent
organisation);
family, in relation to a Member, means
the Member's spouse, domestic
partner, child, grandchild, parent or
35 grandparent, or any other person
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reasonably considered to be a member
of the Member's family;
gift includes a transfer of property or
the conferral of a financial benefit,
5 including hospitality, made without
consideration or without adequate
consideration, but does not include--
(a) a political donation; or
(b) a gift made by a member of the
10 Member's family;
hospitality does not include hospitality
provided to the Member when the
Member is acting in an official
capacity;
15 income has the same meaning as
assessable income has in the Income
Tax Assessment Act 1997 of the
Commonwealth but does not include--
(a) any parliamentary salary or
20 work-related parliamentary
allowances, the Budget or any
other public resources under
the Parliamentary Salaries,
Allowances and Superannuation
25 Act 1968; or
(b) income from savings or
investment accounts and public
superannuation funds;
listed corporation has the same meaning as
30 in section 9 of the Corporations Act;
Member has the same meaning as it has
in section 3 of the Parliamentary
Salaries, Allowances and
Superannuation Act 1968;
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official capacity, in relation to a Member,
means acting as, or on behalf of--
(a) a Member; or
(b) a Minister;
5 political donation has the same meaning as
in the Electoral Act 2002;
prescribed means prescribed by regulations
made under this Act;
private superannuation fund means a self
10 managed superannuation fund within
the meaning of the Superannuation
Industry (Supervision) Act 1993 of
the Commonwealth;
public duties includes the following--
15 (a) committee business;
(b) electorate business;
(c) Ministerial business;
(d) parliamentary business;
public resources has the same meaning
20 as it has in section 3 of the
Parliamentary Salaries, Allowances
and Superannuation Act 1968;
public superannuation fund means a
superannuation fund that is not a
25 private superannuation fund;
Register means the Register of Interests
continued and maintained under
section 26;
relevant Clerk means--
30 (a) if the Member is a Member of
the Assembly, the Clerk of the
Assembly; or
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(b) if the Member is a Member of the
Council, the Clerk of the Council;
return period, in relation to an ordinary
return of a Member, means--
5 (a) in the case of a Member whose
last return was a primary return,
the period between the date of the
primary return and 31 January or
30 June next following; and
10 (b) in the case of any other Member,
the period between the date of
the Member's last ordinary return
and 31 January or 30 June next
following;
15 specified person means--
(a) a member of the Member's family;
or
(b) a corporation or entity in which
the Member has an interest as an
20 officer, a person with a controlling
beneficial interest or a member; or
(c) a creditor or debtor of the
Member, except where the debt
is owed to or by a member of the
25 Member's family, an ADI or other
persons whose ordinary business
includes the lending of money or
the supply of ordinary household
or office related goods or services;
30 or
(d) a donor of a gift to the Member;
trade or professional organisation means
any body corporate or unincorporate
of employers or employees of persons
35 engaged--
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(a) in primary, secondary or tertiary
industry; or
(b) in any profession, trade or other
occupation--
5 any of the objects of which is the
furtherance of the industrial or
economic interest of the body or
any of its members.
(2) For the purposes of the definition of
10 domestic partner in subsection (1)--
(a) registered domestic relationship
has the same meaning as in the
Relationships Act 2008; and
(b) in determining whether persons
15 who are not in a registered domestic
relationship are domestic partners of
each other, all the circumstances of
their relationship are to be taken into
account, including any one or more of
20 the matters referred to in section 35(2)
of the Relationships Act 2008 as may
be relevant in a particular case; and
(c) a person is not a domestic partner of
another person only because they are
25 co-tenants.".
67 New section 3 inserted--Objective of Act
After section 2 of the Principal Act insert--
"3 Objective of Act
The objective of this Act is to ensure that
30 the responsibilities and obligations of
Members reflect community expectations
and community standards.".
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68 New Part 2 inserted--Statement of Values
Before Part I of the Principal Act insert--
"Part 2--Statement of Values
4 Statement of Values
5 Members should demonstrate the following
values in carrying out their public duties--
(a) serving the public interest;
(b) upholding democracy;
(c) integrity;
10 (d) accountability;
(e) respect for the diversity of views and
backgrounds within the Victorian
community;
(f) diligence;
15 (g) leadership.".
69 Part I substituted
For Part I of the Principal Act substitute--
"Part 3--Code of Conduct
5 Outline of Part
20 (1) This Part sets out the Code of Conduct that
Members must observe when carrying out
their public duties.
(2) The Code of Conduct sets out the manner in
which a Member demonstrates the values set
25 out in section 4.
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6 Upholding democracy and respecting
others regardless of background
A Member must--
(a) make the performance of their public
5 duties their prime responsibility; and
(b) exercise reasonable care and diligence
in performing their public duties; and
(c) submit themselves to the lawful
scrutiny appropriate to their office; and
10 (d) treat all persons with respect and have
due regard for their opinions, beliefs,
rights and responsibilities.
7 Conflicts of interest
(1) A Member must--
15 (a) avoid any actual or perceived conflict
of interest; and
(b) declare any actual or perceived
conflict of interest when speaking in
parliamentary proceedings, including
20 the proceedings of parliamentary
committees.
(2) Without limiting subsection (1), a Member
has a conflict of interest if the Member--
(a) participates; or
25 (b) makes a decision--
in the execution of the Member's office
which furthers the private interests of the
Member or the private interests of a specified
person.
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(3) Without limiting subsection (1), a Member
does not have a conflict of interest if the
Member or a specified person is affected
as a member of the public or a broad class of
5 persons.
8 Using position for profit
(1) A Member must not--
(a) receive a fee, payment, retainer or
reward; or
10 (b) permit any compensation to accrue to
their beneficial interest or the beneficial
interest of a specified person--
for, or on account of, or as a result of the use
of, their position as a Member.
15 (2) Subsection (1) does not apply to any
parliamentary salary or work-related
parliamentary allowances, the Budget
or other public resources under the
Parliamentary Salaries, Allowances
20 and Superannuation Act 1968.
9 Outside employment and activities
A Member may engage in employment,
business and community activities outside of
their duties as a Member but must avoid any
25 actual or perceived conflict of interest that
might arise from those activities, including
where the activities compromise the
Member's ability to fulfil their public duties.
10 Accepting any gift, hospitality or other
30 benefit
A Member must not accept any gift,
hospitality or other benefit which--
(a) creates an actual or perceived conflict
of interest; or
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(b) might create a perception of an attempt
to influence the Member in the exercise
of their public duties.
11 Use of influence
5 A Member--
(a) must exercise their influence as a
Member responsibly; and
(b) must not use their influence to
improperly further their private
10 interests or the private interests of a
specified person.
12 Use of public resources
A Member must comply with--
(a) the Parliamentary Salaries,
15 Allowances and Superannuation
Act 1968 and any regulations made
under that Act; and
(b) any other law, rule or guidance
regarding the use of public resources
20 13 Personal conduct
(1) A Member must ensure that their conduct as
a Member does not bring discredit upon the
Parliament.
(2) A Member--
25 (a) must act ethically, reasonably and in
good faith when using, and accounting
for the use of, public resources in
relation to the performance of their
public duties; and
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(b) must not deliberately mislead the
Parliament or the public about any
matter relating to the performance of
their public duties.
5 (3) A Member must be fair, objective and
courteous--
(a) in their dealings with the community;
and
(b) without detracting from the importance
10 of robust public debate in a democracy,
in their dealings with other Members.
14 Managing confidential and personal
information
(1) A Member must not use confidential
15 information gained in the performance of
their public duties to further their private
interests or the private interests of a specified
person.
(2) A Member must respect the confidentiality
20 of information they receive in the course of
their public duties.
15 Post-retirement activities
A former Member must not take improper
advantage of any office held as a Member of
25 Parliament after they cease to be a Member.
16 Constitution Act 1975 not affected
Nothing in this Part is intended to repeal,
alter or vary, or affect the operation of,
Division 8 of Part II of the Constitution
30 Act 1975.".
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70 Part II substituted
For Part II of the Principal Act substitute--
"Part 4--Register of Interests
17 Submission of primary returns
5 (1) A person who is a Member as at the
commencement of section 70 of the
Victorian Independent Remuneration
Tribunal and Improving Parliamentary
Standards Act 2017 must submit a primary
10 return to the relevant Clerk within 28 days
after that commencement.
(2) A person who becomes a Member after
the commencement of section 70 of the
Victorian Independent Remuneration
15 Tribunal and Improving Parliamentary
Standards Act 2017 must submit a primary
return to the relevant Clerk within 28 days
after taking and subscribing the oath or
affirmation as a Member.
20 18 Submission of ordinary returns
A Member must submit an ordinary return
to the relevant Clerk within 28 days after
31 January and 30 June each year.
19 Information to be included in primary
25 returns
(1) A primary return must be in the prescribed
form and contain the following information
as at the date of the primary return--
(a) income--the source of any income
30 that the Member has or expects to
have before 30 June next following,
including the name and address of the
payer and, where the income arises
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from services provided by the Member,
a description of those services;
(b) beneficial interest--the name of
any corporation, partnership or other
5 body in which the Member holds a
beneficial interest, or in which a private
superannuation fund holds a beneficial
interest for the benefit of the Member, a
description of that interest including the
10 number of any shares held and, except
in the case of a listed corporation, the
address of the corporation, partnership
or body, and a description of its objects
or activities;
15 (c) land--the location by suburb or town
or, where that is not applicable, the
nearest town, of any land in which the
Member holds a beneficial interest,
other than by way of security for a debt,
20 that is used as a primary or secondary
place of residence by any person;
(d) beneficial interest in other land--the
address or, if there is no address,
a precise description of the location,
25 of any land, other than land referred to
in paragraph (c), in which the Member
holds a beneficial interest, other than by
way of security for a debt;
(e) office holder--the name of any
30 corporation, partnership or other body
in which the Member holds office, a
description of that office and, except
in the case of a listed corporation, the
address of the corporation, partnership
35 or body, and a description of its objects
or activities;
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(f) personal debt--a description of any
personal debt held by the Member,
including the name of the creditor;
(g) trusts--a description of any trust under
5 which the Member holds a beneficial
interest or in respect of which the
Member is a trustee and a member of
the Member's family holds a beneficial
interest, and a description of the
10 activities of the trust;
(h) trusts--in the case of a trust referred to
in paragraph (g)--
(i) the information referred to in
paragraphs (a) to (d), of which
15 the Member is aware or ought
to be aware, as if a reference
in paragraphs (a) to (d) to the
Member were a reference to the
trust; and
20 (ii) any other substantial interest held
or received by the trust, of which
the Member is aware or ought to
be aware, whether of a pecuniary
nature or not, that would raise, or
25 reasonably be seen to raise, a
material conflict between the
Member's private interest and
their public duties;
(i) estate--the name of an estate in which
30 the Member is appointed as executor
and holds a beneficial interest, and a
description of that interest;
(j) membership--the name of any political
party, body or association or trade or
35 professional organisation of which the
Member is a member;
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(k) other membership or association--the
name of any other organisation of
which the Member is a member or
with which the Member is otherwise
5 associated, if a conflict of interest could
arise, or reasonably be seen to arise,
because of that membership or
association;
(l) other interest--a description of any
10 other interest that the Member has
where a conflict of interest could arise,
or reasonably be seen to arise, because
of that interest.
(2) A Member is not required to comply with
15 subsection (1)(g) or (1)(h) in respect of
a trust under which the Member holds a
beneficial interest if the trust is a blind trust
but in the primary return the Member must
provide the name and address of the person
20 who manages the blind trust.
(3) In addition to the requirements under
subsections (1)(j) and (1)(k), the Member
may include the name of any other
organisation of which the Member is a
25 member or with which the Member is
otherwise associated, if the Member
chooses to do so.
(4) This section is subject to sections 22 to 24.
20 Information to be included in ordinary
30 returns
(1) An ordinary return must be in the prescribed
form and contain the following information
in relation to the return period--
(a) the information specified in section
35 19(1)(a) to (1)(l);
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(b) gift--a description of any gift received
by the Member, including the name and
address of the donor;
(c) travel--a description of any travel
5 undertaken by the Member outside
of Victoria that was funded fully or
partially by another person, other than
the State or a member of the Member's
family, including the dates, destinations
10 and purposes of that travel, and the
name and address of the donor of the
travel contribution.
(2) A Member is not required to comply with
subsection (1)(a) in respect of information
15 specified in section 19(1)(g), (1)(h) or
20(1)(b) in respect of a trust under which
the Member holds a beneficial interest if the
trust is a blind trust but in the ordinary return
the Member must provide the name and
20 address of the person who manages the blind
trust.
(3) In addition to the requirement under
subsection (1)(a) in respect of information
specified in section 19(1)(j) and (1)(k), the
25 Member may include the name of any other
organisation of which the Member was a
member or with which the Member was
otherwise associated, if the Member chooses
to do so.
30 (4) This section is subject to sections 22 to 24.
21 Further requirement to submit
information
If a Member becomes aware of a material
change in any information required to be
35 submitted under section 19 or 20, the
Member must submit a description of the
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material change in the prescribed form to
the relevant Clerk as soon as is practicable.
22 Threshold amounts for information
submitted
5 (1) Subject to subsection (3), a Member is not
required to include in a return submitted
under this Part information relating to--
(a) a source of income--if the total
amount of income from that source
10 does not exceed the threshold amount
for income; or
(b) a beneficial interest--if the total value
of the beneficial interest of that kind
does not exceed the threshold amount
15 for beneficial interests; or
(c) a personal debt with a particular
creditor--if the total value of personal
debts with that creditor does not exceed
the threshold amount for debts; or
20 (d) a gift from a particular source--if the
total value of gifts received from that
source does not exceed the threshold
amount for gifts; or
(e) travel contributions from a particular
25 source--if the total value of travel
contributions received from that source
does not exceed the threshold amount
for travel contributions.
(2) For the purposes of subsection (1), the value
30 of any income, beneficial interests or gifts
held or received by a trust referred to in
section 19(1)(g) (other than a blind trust) is
to be taken into account in determining the
total value of income, beneficial interests or
35 gifts.
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(3) A Member is required to include in a
return submitted under this Part information
relating to an interest referred to in
subsection (1) if--
5 (a) the Member holds or receives on 2 or
more occasions any income, beneficial
interests or gifts with or from a
particular source; and
(b) the total amount of the value of the
10 income, beneficial interests or gifts
exceeds the threshold amount for
income, beneficial interests or gifts.
23 Threshold amounts for year ending
30 June 2018
15 The threshold amounts for the matters
referred to in section 22 for the year ending
30 June 2018 are as follows--
(a) for income--$2000;
(b) for beneficial interests--$2000;
20 (c) for debts--$2000;
(d) for gifts--$500;
(e) for travel contributions--$500.
24 CPI adjusted threshold amounts
(1) A threshold amount for a matter referred
25 to in section 23 for the year ending 30 June
2019 and for each subsequent year is the
CPI adjusted threshold amount for that
matter for that year.
(2) A CPI adjusted threshold amount is to be
30 determined in accordance with the following
formula--
T×A
C=
B
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where--
C is the CPI adjusted threshold amount
being determined, rounded down to the
nearest 2 decimal places;
5 T is the threshold amount for the previous
year;
A is the All Groups Consumer Price
Index number for Melbourne for the
December quarter in the preceding
10 financial year as last published by the
Australian Bureau of Statistics for that
quarter;
B is the All Groups Consumer Price
Index number for Melbourne for the
15 December quarter in the financial year
preceding the financial year referred to
in A as last published by the Australian
Bureau of Statistics for that quarter.
(3) The CPI adjusted threshold amount
20 determined for a matter in section 22(1)(a),
(b) or (c) is to be rounded up or down to the
nearest $500.
(4) The CPI adjusted threshold amount
determined for a matter in section 22(1)(d)
25 or (e) is to be rounded up or down to the
nearest $100.
25 Notice of CPI adjusted threshold amounts
The relevant Clerk must notify Members of a
CPI adjusted threshold amount determined in
30 accordance with section 24 before 30 June
2019 and before 30 June for each subsequent
year.
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26 Register of Interests
(1) The relevant Clerk must continue to
maintain the Register of Interests for
Members established under section 7(1) of
5 the Members of Parliament (Register of
Interests) Act 1978 as in force immediately
before the commencement of section 70 of
the Victorian Independent Remuneration
Tribunal and Improving Parliamentary
10 Standards Act 2017.
(2) The relevant Clerk must enter into the
Register the information included in returns
submitted under this Part.
(3) The relevant Clerk or any authorised person
15 must not make a record of, or communicate
to any person, any information received
under this Act by the relevant Clerk or
authorised person, or use that information
for any purpose, other than in accordance
20 with this Act.
(4) For the purposes of subsection (3),
authorised person means any person
appointed or employed for the purposes
of this Act or authorised to discharge any
25 functions of the relevant Clerk for or on
behalf of the relevant Clerk.
27 Reporting of Members
The relevant Clerk must report a Member to
the Presiding Officer of the Member's House
30 if--
(a) the Member does not submit a return
within the time required under this Act
and, after the relevant Clerk has given
the Member a further reasonable period
35 to submit the return, the return is still
not submitted; or
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(b) the relevant Clerk reasonably believes
that a Member has submitted an
inaccurate or incomplete return and,
after the relevant Clerk has given the
5 Member a reasonable opportunity to
correct the return, the return remains
inaccurate or incomplete.
28 Restriction on publication
A person must not publish, whether in the
10 Parliament or outside of the Parliament--
(a) any information derived from the
information entered into the Register
unless that information amounts to
a fair and accurate summary of the
15 information entered into the Register;
or
(b) any comment on the information
entered into the Register unless that
comment is fair and published in the
20 public interest without malice.
29 Tabling of returns
The relevant Clerk must cause a return
submitted under this Part to be laid before
the House of Parliament of which the
25 Member submitting the return is a
Member--
(a) within 14 days of the return being
submitted if that House of Parliament
is then sitting; or
30 (b) if that House of Parliament is not then
sitting, within 14 days of the next
sitting of that House of Parliament.".
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Part 8--Parliamentary Standards--Amendments to the Members of
Parliament (Register of Interests) Act 1978
71 Part III substituted
For Part III of the Principal Act substitute--
"Part 5--General
30 Referral of alleged breach of Part 3 or 4
5 (1) A Member who considers that there has been
a contravention of a requirement under Part 3
or 4 may refer the alleged contravention to
the Presiding Officer of the House of
which the Member who is alleged to have
10 contravened the requirement is a Member.
(2) A Presiding Officer who receives a referral
under subsection (1) must determine whether
to refer the alleged contravention to the
relevant Privileges Committee.
15 (3) If a Presiding Officer determines that a
referral under subsection (1) may involve
conduct that may constitute a criminal
offence, the Presiding Officer must refer the
alleged contravention to the appropriate law
20 enforcement agency.
31 Failure to comply with Part 3 or 4
(1) Any wilful contravention of a requirement
under Part 3 or 4 by any person is a contempt
of the Parliament and may be dealt with
25 accordingly.
(2) In addition to any other punishment that
may be awarded by either House of the
Parliament for contempt of the Parliament,
the House of Parliament of which the
30 Member is a Member may determine to
impose any of the following penalties--
(a) the Member or other person must
apologise to the House of Parliament;
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Standards Bill 2017
Part 8--Parliamentary Standards--Amendments to the Members of
Parliament (Register of Interests) Act 1978
(b) the Member or other person must
rectify the return provided by the
Member or other person or any
information included in the Register;
5 (c) the Member or other person must
pay the specified fine (not exceeding
100 penalty units) to the Presiding
Officer for payment into the
Consolidated Fund;
10 (d) the Member is suspended from the
House for the period determined by
the House;
(e) the Member's seat in the House is
declared vacant.
15 (3) A motion of a House of Parliament
proposing to impose the penalty specified in
subsection (2)(d) or (e) must be passed by a
special majority.
(4) For the purposes of subsection (3), special
20 majority means three quarters of the whole
number of Members of the House of
Parliament.
(5) If a Member does not comply with a penalty
imposed under subsection (2)(a), (b) or (c),
25 within the time ordered by the House, the
seat of the Member in the House is to
become vacant.
32 Regulations
The Governor in Council may make
30 regulations for or with respect to any matter
or thing required or permitted by this Act to
be prescribed or necessary to be prescribed
to give effect to this Act.
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Standards Bill 2017
Part 8--Parliamentary Standards--Amendments to the Members of
Parliament (Register of Interests) Act 1978
33 Construction of references
Any reference to the Members of
Parliament (Register of Interests)
Act 1978 in any Act, subordinate
5 instrument, agreement or other document,
so far as it relates to any period after the
commencement of section 64 of the
Victorian Independent Remuneration
Tribunal and Improving Parliamentary
10 Standards Act 2017, is to be construed as a
reference to the Members of Parliament
(Standards) Act 1978, unless the contrary
intention appears.
Part 6--Review
15 34 Minister to conduct review
The Minister must--
(a) cause a review to be made of the first
10 years of operation of this Act from
the date on which all the amendments
20 made to this Act by the Victorian
Independent Remuneration Tribunal
and Improving Parliamentary
Standards Act 2017 have commenced;
and
25 (b) cause a copy of a report of the
review to be laid before each House of
Parliament on or before the end of the
period of 12 months after the day on
which the review is completed.".
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Standards Bill 2017
Part 9--Consequential amendments and repeal
Part 9--Consequential amendments
and repeal
72 Reference to Members of Parliament (Register of
Interests) Act 1978
5 In section 7E(23) of the Parliamentary Salaries,
Allowances and Superannuation Act 1968, in
the definition of significant and wilful breach, for
"Members of Parliament (Register of Interests)
Act 1978" substitute "Members of Parliament
10 (Standards) Act 1978".
73 References to Parliamentary Salaries and
Superannuation Act 1968
(1) In the Emergency Services Superannuation
Act 1986--
15 (a) in section 3(1), in the definitions of eligible
beneficiary, Parliamentary Contributory
Superannuation Fund and Superannuation
Act; and
(b) in sections 4(10), 22DO(2)(a) and (b),
20 22DO(3) and 22DT; and
(c) in section 22DN, in the definition of
Parliamentary Trustee--
after "Salaries" insert ", Allowances".
(2) In section 16 of the National Parks Act 1975,
25 after "Salaries" (where twice occurring)
insert ", Allowances".
(3) In section 4(1) of the Parliamentary
Administration Act 2005, in the definition
of third party, after "Salaries" insert
30 ", Allowances".
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Standards Bill 2017
Part 9--Consequential amendments and repeal
(4) In Schedule 1 to the Public Administration
Act 2004, in clause 2(1)(b) and (2)(b), after
"Salaries" insert ", Allowances".
74 Amendment of section 28 of the Victorian
5 Independent Remuneration Tribunal and
Improving Parliamentary Standards Act 2017
In section 28 of the Victorian Independent
Remuneration Tribunal and Improving
Parliamentary Standards Act 2017--
10 (a) in subsections (1), (2)(c) and (5), for
"section 7E of the Parliamentary Salaries
and Superannuation Act 1968" substitute
"sections 7E and 9H of the Parliamentary
Salaries, Allowances and Superannuation
15 Act 1968";
(b) in subsection (2)(d), for "Parliamentary
Salaries and Superannuation Act 1968"
substitute "Parliamentary Salaries,
Allowances and Superannuation
20 Act 1968".
75 Amendment of Protected Disclosure Act 2012
After section 4(3) of the Protected Disclosure
Act 2012 insert--
"(4) This Act does not apply to a disclosure
25 relating to any conduct that may constitute
a criminal offence in relation to an alleged
contravention under section 30 of the
Members of Parliament (Standards)
Act 1978 that must be referred by the
30 Presiding Officer to the appropriate law
enforcement agency under section 30(3)
of that Act.".
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Part 9--Consequential amendments and repeal
76 Repeal of amending Parts 6 to 9
Parts 6 to 9 are repealed on 31 December 2019.
Note
The repeal of Parts 6 to 9 does not affect the continuing operation
5 of the amendments made by those Parts (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Standards Bill 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581260B.I-12/12/2017 94 BILL LA INTRODUCTION 12/12/2017
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