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PARLIAMENTARY ADMINISTRATION BILL 2005

             Parliamentary Administration Bill

                         Introduction Print

               EXPLANATORY MEMORANDUM


                                  General
The Parliamentary Administration Bill creates a modern framework to ensure
good governance of the Parliament of Victoria. The Bill outlines the
employment arrangements for Parliamentary officers and ensures that these
arrangements are more consistent with modern employment arrangements for
the delivery of public services. While the Bill will replace the
Parliamentary Officers Act 1975, many key features of that Act will be
retained and updated.
The Bill contains provisions that--
         ·    specify the administrative structure of the Parliament of
              Victoria, including the creation of Departments, the
              employment of Parliamentary officers and the transfer of
              employees;
         ·    elaborate new Parliamentary officer values that indicate the
              standards expected of Parliamentary officers in the
              performance of their duties;
         ·    specify new Parliamentary administration employment
              principles that indicate the required processes to ensure merit
              and equity in parliamentary employment;
         ·    retain the appointment process for the Department Heads of the
              Legislative Council and the Legislative Assembly;
         ·    provide that the employment of the Department Head of the
              Department of Parliamentary Services is governed by contract;
         ·    retain the process for dealing with possible misconduct by a
              Department Head;
         ·    enable regulations to be made to provide for disciplinary action
              in relation to Parliamentary officers; and
         ·    retain the process for employing electorate officers.

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551302                                       BILL LA INTRODUCTION 23/3/2005

 


 

By applying these measures, the Bill will promote the following objects-- · promote values that enable Parliamentary officers to serve the Members of Parliament and the Victorian community. The values include responsiveness, integrity, impartiality and accountability; · ensure merit and equity in the operation of the Parliament; · clarify the employment structure within the administration of the Parliament. The Bill also includes provisions which amend the Parliamentary Committees Act 2003 to create a new Joint Investigatory Committee on Electoral Matters. Clause Notes PART 1--PRELIMINARY Clause 1 states the purposes of the Bill. Clause 2 is the commencement provision. Sections 1, 2, 38, 39 and 42 will commence on the day after the Bill receives the Royal Assent. Section 50 is deemed to have commenced on 21 December 2004. The remaining provisions will commence operation on a day or days to be proclaimed. Any provision not proclaimed to commence before 1 July 2005 will commence on that day. Clause 3 states the objects of this Bill. Clause 4 defines certain words or expressions used in this Bill. PART 2--VALUES AND EMPLOYMENT PRINCIPLES Clause 5 specifies the Parliamentary officer values that are expected to be observed by parliamentary officers employed by the Parliament in the performance of their duties. Department Heads of Parliament must promote the values to the officers that they employ. The values are similar to those in section 7 of the Public Administration Act 2004, but have been modified to take account of the independence of Parliament from the Executive. It is not appropriate, for example, that the independent functioning of Parliament is interfered with by being required to provide frank, impartial and timely advice to Government or implement Government policies and programs equitably (section 7 of the Public Administration Act 2004). 2

 


 

Instead, parliamentary officers should provide such advice to Parliament. The parliamentary officer values do not create any legally enforceable rights or affect the rights of a Parliamentary officer or the application of the Public Administration Act 2004 values to those officers as public officials (defined in section 6 of the Public Administration Act 2004). Clause 6 requires Department heads to establish employment processes that ensure that employment decisions are based on merit, parliamentary officers are treated fairly, reasonably and have a reasonable avenue of redress against unfair or unreasonable treatment and which provide equal opportunity. PART 3--EMPLOYMENT OF PARLIAMENTARY OFFICERS Division 1--Administrative Structure Clause 7 specifies the administrative departments of the Parliament. Clause 8 specifies that an office of Clerk of the Parliaments continues. The Governor in Council may appoint the Clerk of the Legislative Council or the Clerk of the Legislative Assembly to that office. Division 2--Department Heads Clause 9 specifies that-- · the Governor in Council, on the recommendation of the President, may appoint a person as Clerk of the Legislative Council; · the remuneration for the position is the same as that paid to the Clerk of the Legislative Assembly; · the Clerk of the Legislative Council is the Department Head of the Department of the Legislative Council. Clause 10 specifies that-- · the Governor in Council, on the recommendation of the Speaker, may appoint a person as Clerk of the Legislative Assembly and fix the remuneration for that position; · the Clerk of the Legislative Assembly is the Department Head of the Department of the Legislative Assembly. 3

 


 

Clause 11 provides that the Secretary of the Department of Parliamentary Services is employed by a contract of employment between the Secretary and the President and the Speaker. The contract must be for a maximum four year term and the Secretary is entitled to the same remuneration as that payable to the Clerks. The Secretary of the Department of Parliamentary Services is the Department Head of that Department. Clause 12 provides for the manner in which Department Heads are responsible to the relevant Presiding Officer. Clause 13 requires Department Heads to act independently in exercising their employer powers. Clause 14 provides for the manner in which the relevant Presiding Officer can deal with a Department Head who has engaged in conduct which, in the Presiding Officer's view, renders the Department Head unfit to continue. Clause 15 establishes a process for inquiring into the truth of charges made against a Department Head. Clause 16 empowers the Governor in Council to take appropriate action to deal with the misconduct of a Department Head. Clause 17 empowers the Governor in Council to dispense with the services of a Department Head if the Department Head is found to be unfit to discharge the duties of the office. Division 3--Parliamentary Officers Clause 18 provides that Department Heads have all the powers and duties of an employer on behalf of the Crown, including assigning work and discipline. Disciplinary procedures will be specified in regulations made under clause 33 of this Bill. These powers must be exercised in accordance with the parliamentary officer values, the parliamentary administration employment principles, and other relevant provisions of the Bill. Clause 19 enables Parliamentary officers to seek a review of any action taken related to his or her employment. Regulations to be made under this Bill may prescribe circumstances where there is an exception to the entitlement for such review. The regulations may also provide for procedures for the review. 4

 


 

Clause 20 allows a person or body (including the Public Sector Standards Commissioner) that has conducted a review to make non-binding recommendations in a report. If the relevant Department Head does not adopt a recommendation in this report, a statement of his or her reasons for not adopting that recommendation must be given to the Public Sector Standards Commissioner. Clause 21 provides that if a public servant is employed as a Parliamentary officer any rights they have accrued as an employee within the meaning of the Public Administration Act 2004 are not affected so long as the right does not conflict with the role of a Parliamentary officer. Clause 22 provides that any Parliamentary officer who transfers to the public service or a public entity retains any rights accrued as a Parliamentary officer. Clause 23 specifies that Parliamentary officers must only be dismissed or subjected to penalties in accordance with the provisions of this Bill. Clause 24 states that any penalties imposed on a Parliamentary officer are deducted from his or her salary. Clause 25 provides that Parliamentary officers are also subject to the provisions of any other Act expressly applied to them, either before or after this clause commences. Division 4--Financial Management Clause 26 specifies that Parliamentary officers are liable to repay any money that is overpaid to them. This provision is similar to section 56 of the Financial Management Act 1994. Clause 27 specifies that Parliamentary officers are liable to repay any costs incurred due to the misconduct or gross negligence of the Parliamentary officer. This provision is similar to section 57 of the Financial Management Act 1994. Division 5--Restriction on Parliamentary Officers doing other Work Clause 28 prohibits full-time Parliamentary officers from engaging in other paid employment or carrying on a business, profession or trade without permission to do so. Department Heads must obtain permission from the relevant Presiding Officer. Other Parliamentary officers must obtain this permission from the Department Head. That permission can be withdrawn by notice in writing. 5

 


 

Part-time Parliamentary officers must not undertake other employment or carry on a business, profession or trade that in the opinion of the Department Head (or in the opinion of the Presiding Officer in the case of the Department Head) conflicts with the proper performance of the officer's duties. Division 6--Termination of Employment Clause 29 states the grounds on which the employment of a Parliamentary officer may be terminated by the Department Head. This power must be exercised in conformity with the Parliamentary officer values, the Parliamentary administration employment principles, and any other relevant provisions of this Bill or the regulations. PART 4--EMPLOYMENT OF ELECTORATE OFFICERS Clause 30 provides that the President and the Speaker may jointly employ electorate officers to assist members of Parliament. Clause 31 specifies the circumstances in which employment of electorate officers terminates. PART 5--MISCELLANEOUS Clause 32 allows the President and Speaker to delegate certain of their functions under the Bill or the regulations to the relevant deputy or clerk of the Parliament. They cannot delegate (to their deputy) the power to delegate, (to anyone) the power to recommend the making of regulations or (to the relevant clerk) the power to recommend the appointment of a clerk. The clause also allows the Presiding Officers, acting jointly, to delegate to the deputy presiding officers jointly, or to the Secretary of the Department of Parliamentary Services, certain of their functions under the Bill or the regulations. They cannot delegate (to the deputies) the power to delegate, (to anyone) the power to recommend the making of regulations or (to the Secretary of the Department of Parliamentary Services) the power to employ a person as Secretary of that Department. Clause 33 enables regulations to be made under this Bill. Regulations may provide for procedures for disciplinary actions and penalties (including fines of up to 40 penalty units) in such actions. A breach of the regulations themselves may be punished by a fine of up to 20 penalty units. 6

 


 

Clause 34 is a transitional provision which preserves the effect of section 13A of the Parliamentary Officers Act 1975. The provision states that certain parts of the Public Sector Management Regulations 1993 continue to apply until new regulations are made under the Bill, or one year passes after the commencement of the clause, whichever occurs first. The clause also states that until regulations are made under clause 27, or one year passes after the commencement of this clause, Part 3 of the Financial Management Regulations 2004 are to apply to Departments under the Bill with identified modifications. Clause 35 states that savings and transitional provisions are specified in Schedule 1. PART 6--AMENDMENT OF OTHER ACTS AND REPEAL OF FORMER ACT Division 1--Amendment of Constitution Act 1975 Clause 36 changes the monetary thresholds in section 94(1) and repeals sections 94(3) and 94(4) of that Act. Division 2--Amendment of Long Service Leave Act 1992 Clause 37 repeals section 7(4A) of that Act. Division 3--Amendment of Parliamentary Committees Act 2003 and other Acts relating to Parliamentary Committees Clause 38 inserts a new definition into section 5 of the Parliamentary Committees Act 2003. Clause 39 inserts a new section 9A into the Parliamentary Committees Act 2003 which creates a new Joint Investigatory Committee into electoral matters called the Electoral Matters Committee. Clause 40 deletes references to the Library Committee in the Parliamentary Committees Act 2003. Clause 41 makes machinery changes to the operation of the House Committee under the Parliamentary Committees Act 2003. 7

 


 

Clause 42 limits the jurisdiction of the Supreme Court to ensure that proceedings, recommendations, reports or documents of the new Committee cannot be the subject of judicial review. The new Committee is therefore placed on an equal footing with all other Parliamentary Committees under section 50 of the Parliamentary Committees Act 2003. Clauses 43 to 45 delete references to the Library Committee in a number of other Acts. Clause 46 inserts a new section 10A into the Information Privacy Act 2000. The provision clarifies that the Information Privacy Act 2000, or any Information Privacy Principles under that Act, do not apply to the collection, holding, management, use, disclosure or transfer of personal information by a Parliamentary Committee carrying out its functions as a Parliamentary Committee. Division 4--Amendment of Public Administration Act 2004 Clause 47 modifies the definition of "standard entity" in section 4 of the Public Administration Act 2004. Clause 48 specifies that-- · certain TAFE entities; and · AMES, or the Centre for Adult Education are public entities for the purposes of the Public Administration Act 2004. Clause 49 makes a technical amendment to section 110 of the Public Administration Act 2004. Clause 50 makes a number of technical amendments to the consequential provisions of the Public Administration Act 2004. Division 5--Amendment of Terrorism (Community Protection) Act 2003 Clause 51 changes the process for the making of an Order-in-Council under section 28 of the Terrorism (Community Protection) Act 2003. Any Order-in-Council is to be made on the recommendation of the relevant Minister for the essential service, rather than the Minister administering that section. 8

 


 

Division 6--Consequential Amendments Clause 52 makes a number of consequential amendments to various Acts to include references to the new Parliamentary Administration Act 2005. Division 7--Repeal of Former Act Clause 53 repeals the Parliamentary Officers Act 1975. SCHEDULES Schedule 1 inserts savings and transitional provisions that include provisions to-- · preserve existing employment arrangements; · preserve any current grievance proceeding; and · preserve the existing administrative Department structure. 9

 


 

 


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