Victorian Current Acts

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PARLIAMENTARY SALARIES, ALLOWANCES AND SUPERANNUATION ACT 1968 - SECT 7EA

Separation payment—finding of serious parliamentary misconduct, improper conduct or detrimental action

    (1)     The Parliamentary Workplace Standards and Integrity Commission may determine that a person is not entitled to a separation payment under section 7E if the Commission makes a finding under the Parliamentary Workplace Standards and Integrity Act 2024 that the person—

        (a)     has engaged in serious parliamentary misconduct; or

        (b)     has engaged, is engaging or proposes to engage in improper conduct; or

        (c)     has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 .

    (2)     A determination under subsection (1) must be made by written notice to the person who is the subject of the determination.

    (3)     The Parliamentary Workplace Standards and Integrity Commission must provide a copy of a determination under subsection (1) to the Clerk of the relevant House of the Parliament.

    (4)     A person who is the subject of a determination under subsection (1) is not entitled to appeal to the Compliance Officer against the determination.

    (5)     A separation payment made to a person who is the subject of a determination under subsection (1)—

        (a)     becomes a debt due to the State; and

        (b)     may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.

    (6)     In this section—

"improper conduct" has the same meaning as in the Public Interest Disclosures Act 2012 ;

"Parliamentary Workplace Standards and Integrity Commission" means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024 ;

"serious parliamentary misconduct" has the same meaning as in the Parliamentary Workplace Standards and Integrity Act 2024 .

Pt 2 Div. 3 (Heading and s. 7F) inserted by No. 5/2019 s. 56.

Division 3—The Budget

S. 7F inserted by No. 5/2019 s. 56.



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