Electoral and Administrative Review Act 1989 (Qld)

1432 EL7,,(CTORAL AND r1 i_.. f No. 106 of 1989 ANAL YSIS OF CONTENTS 1.1 Short title 1.2 Repeal 1.3 Interpretation PART I-PRELIMINARY PART II-THE COMMISSION Division I-Constitution and Membership 2.1 Constitution 2.2 Composition of Commission 2.3 Qualification for membership 2.4 Selection of persons for appointment 2.5 Appointment of members and acting members 2.6 Tenure of office 2.7 Casual vacancy in membership 2.8 Proceedings of Commission Division 2-Object of Commission 2.9 Commission's object Division 3-Functions of Commission 2.10 Commission's functions 2.11 Investigation of Legislative Assembly electoral system 2.12 Electoral district boundaries determined under Parliament's authority 2.13 Commission's reports Division 4-Powers of Commission 2.14 Discharge of functions 2.15 Information to assist investigation 2.16 Production of documents etc. 2.17 Power to enter public premises 2.18 Summonses 2.19 Duty to comply with notices 2.19.1 Restriction on exercise of powers 2:20 Claims of privilege 2.21 Procedure upon claim of privilege 2.22 Protection to person bound by oath etc. complying with requirement Division 5-Procedures of Commission 2.23 Commission not bound by rules or practice 2.24 Commissioner's power to administer oath etc. Division 6-Protection from Victimization and Reimbursement for Assisting Commission 2.25 Protection from victimization 2.26 Reimbursement

PART III-REFERRAL OF MATTERS BY COMMISSION 3.1 Referral of matter 3.2 Report to Commission 3.3 Further action by Commission 3.4 Revocation or variation of referral 3.5 Duty of relevant authority PART IV-STAFF OF COMMISSION 4.1 Employment of staff 4.2 Use of officers 4.3 Engagement of services 4.4 Officers of Commission 4.5 Superannuation PART V-THE PARLIAMENTARY COMMITTEE Division 1-Constitution and Membership 5.1 Constitution 5.2 Composition 5.3 Application of Standing Rules and Orders 5.4 Term of Committee 5.5 Casual vacancies 5.6 Quorum in particular case 5.7 Meeting times Division 2-Functions and Powers of Parliamentary Committee 5.8 Functions and powers PART VI-OFFENCES 6.1 Obstruction etc. of Commission 6.2 Non-compliance with requisition 6.3 Disobedience to summons 6.4 Disclosure of confidential information 6.5 Offence of victimization 6.6 Offence provision PART VII-MISCELLANEOUS PROVISIONS 7.1 Act binds Crown 7.2 Protection from liability 7.3 Remuneration of Commissioners 7.4 Register of interests 7.5 Proof of commission's actions 7.6 Budget 7.7 Audit 7.8 Service of documents 7.9 Proof of service 7.10 Authority to administer oaths etc. 7.11 Annual Report of Commission 7.12 Regulations SCHEDULE 1433

1434 .e.e n 1 u AN N O TP ®; E"I O OCTAVO E L /_ r An Act + ^ -; .e for an ieet r2! C - -- '-3;-Ion and for -_ -' ,_ v -. , r al and A.dr - ),;es inistrative - `ary Com ___i v and for [ASSENTED To 25TH OCTOBER, 1989]

Electoral and Administrative Review Act 1989, No. 106 1435 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1.1 Short title. This Act may be cited as the Electoral and Administ, ative Review Act 1989. 1.2 : -1. (1) The provisions of the Electoral and Administrative Review Cu: emission Act 1989, other than sections 1.1, 1.2, 2.9, 2.12 and 5.7 t'iereof, are repealed. (2) A reference "Commission" in section 2.9 or 2.12 of the Electoraland Administrative Review Commission Act 1989 does not include reference to the Commission constituted under this Act. 1.3 Interpretation. (1) In this Act, except where a contrary intention appears- "Chairman" means the Chairman of the Commission and includes any Commissioner who, in accordance with this Act, discharges the duties, or exercises the authorities, of the Chairman; "Commission" means the Electoral and Administrative Review Commission constituted under this Act and includes one or more of the Commissioners discharging a function or exercising a power of the Commission; "Commission of Inquiry" means the Commission within the meaning of the Commissions of Inquiry Act 1950-1989 constituted by Order in Council of 26 May 1987 published in the Gazette of that date at pages 758A and 758B amended by Orders in Council of 24 June 1987, 25 August 1988 and 29 June 1989; "Commissioner means any member of the Commission including the Chairman; "electoral system" means the laws, rules, procedures and practices relating to elections and, without limiting the generality thereof, includes the laws, rules, procedures and practices relating to- (a) any division of the State or any part of the State into electoral zones, districts, areas, divisions or wards; (b) the location of electoral boundaries; (c) the compilation and maintenance of complete and accurate rolls of persons entitled to vote; (d) voting, including absentee and postal voting; (e) counting votes; (f) declaring polls; (g) the observance of secrecy; (h) the exclusion of fraud and other misconduct; and (i) the regulation of behaviour, including the distribution of

1436 Electoral and Administrative Review Act 1989, No. 106 any documents, at or near any place appointed or provided for voting. "investigate " includes examine and consider; "Legislative Assembly electoral system" means the electoral system relating to elections for the Legislative Assembly; "Local Authority" means a body responsible for local government in any part of the State; "Local Authority administration " means the management, operation and performance of Local Authorities generally, or of any Local Authority; "Local Authority electoral system " means the electoral system relating to elections for Local Authorities generally, or for any Local Authority; "Minister " means the Minister of the Crown who holds the office of Premier and includes a Minister of the Crown temporarily performing the duties of that office; "Parliamentary Committee " means the Parliamentary Committee for Electoral and Administrative Review referred to in Part V; "premises" means any land, structure , vehicle, vessel , aircraft, or place and all parts thereof; "public administration of the State" means the management, operation and performance of the units of public administration; "record" means any material or collection of data in whatever form it is held, including in books, documents , papers, writings or visual representation or on film, disc, tape, perforated roll, or other device in which visual representations or sounds are embodied so as to be capable of reproduction therefrom , with or without the aid of another process or instrument; "Report of the Commission of Inquiry " means the repor t bearing date 3 July 1989 of the Commission of Inquiry; "statutory declaration " means a declaration under and in accordance with the Oaths Act 1867-1988; "unit of public administration " means- (a) the Parliamentary Service; (b) every department of government of the State within the meaning of the PublicServiceManagement andEmployment Act 1988; (c) the Police Force; (d) the Railway Department; (e) every corporate entity ( other than a Local Authority) that is constituted by an Act, or that is of a description of

Electoral and Administrative Review Act 1989, No. 106 1437 entity provided for by an Act, which in either case collects revenues or raises funds under the authority of an Act; (f) every non-corporate entity established or maintained pursuant to an Act, which is funded to any extent with moneys of the Crown, or is assisted in a financial respect by the Crown; (g) the registries and other administrative offices of the courts of the State of whatever jurisdiction; (2) The expression "unit of public administration" does not include- (a) the Governor's official residence (known as "Government House") and the administrative unit maintained in association therewith; (b) the Executive Council; (c) the Legislative Assembly; (d) the courts of the State of whatever jurisdiction. (3) For the purposes of this Act, the expression "the Parliament" includes the Legislative Assembly and the Parliamentary Service. PART II-THE COMMISSION Division 1-Constitution and Membership 2.1 Constitution. (1) There is hereby constituted a corporation called the "Electoral and Administrative Review Commission", having perpetual succession and an official seal. (2) Judicial notice shall be taken of the official seal of the Commission, and all courts and persons acting judicially shall presume the official seal affixed to any document to have been duly affixed until the contrary is proved. 2.2 Composition of Commission. The Commission consists of five members qualified as prescribed, being a Chairman and four other members, appointed by the Governor-in-Council, on the recommendation of the Minister, by notification published in the Gazette. 2.3 Qualification for membership. (1) A person qualified for appointment as a member of the Commission is one who has extensive knowledge and experience in one or more of the following areas- commercial enterprise; community affairs; electoral matters; law; public administration; trade union or other industrial affairs. (2) A person is disqualified for appointment as a member of the Commission if he holds an appointment in a unit of public administration or on the staff of a Minister of the Crown.

1438 Electoral and 1 -, ainistrative Review Act 1989, No. 106 (3) A person shall o-'y be appointed as a member of the Commission if it appears, as a result of the process of consultation prescf-*' ed by section 2.4, that he does not, and did not at a material time, En appointment or have associations such as to put in question h -* j acity to act as a Commissioner free of improper influence. Th -: e rs C ' o v m e m , * -; o P. n -r sh a a s ll i b s e so c ) i n s s " t ) i l t e u , te a d f re ro a m so t n im ab e le to s t p im re e a t d ha o t f in the ecified in subsection (1). With a notrficO ..irc--s )f >nally, calu;: - For ed for i-.ctron. >n -a-: s of ay person or persons for rr ^ -:fiber or mj-,--, .hers of e

Electoral and Administrative Review Act 1989, No. 106 1439 in whose stead he is to act and while he so acts, is a member of the Commission having the duties and authorities of the Commissioner in whose stead he is acting. (4) Section 2.4 does not apply in relation to an appointment under subsection (2). 2.6 Tenure of office. (1) A member of the Commission shall be appointed for a term of not less than two years or more than five years and is eligible for re-appointment. (2) No more than two members of the Commission may be appointed for the same term on the initial appointment of members of the Commission. (3) The office of a Commissioner becomes vacant if the Commissioner- (a) dies; (b) resigns his office by writing signed by him and given to the Minister; (c) becomes a patient within the meaning of the Mental health Services Act 1974-1989; (d) becomes disqualified for appointment as a member of the Commission as prescribed by section 2.3 (2); (e) is convicted in the State of an indictable offence (whether on indictment or summarily) or is convicted elsewhere of an offence that, had it been committed in the State, would be an indictable offence, or of an offence defined in section 6.4; (f) is absent, without prior leave of absence granted by the Commission, from three consecutive meetings of the Commission of which due notice has been given to him; (g) is removed from office by the Governor upon the address of the Legislative Assembly approved by the Assembly consequent upon a recommendation of the members of the Parliamentary Committee, made unanimously or by a majority thereof, other than a majority consisting wholly of members of the same political party in the Assembly. 2.7 Casual v ^< ' rL- --. (1) If a vacancy occurs in the office of a Com_miissioner di- 'i his te-_ of office, the Governor in Council may appoint, by noti, rcation ublished in the Gazette, a person to that vacancy for v balance of the term of appointment of his predecessor to ta__: C .3e. (2) A person a1,Yvinted to a vacancy under subsection (1) shall, as far as possible, have a similar qualification to that of his predecessor in office. (3) If a person appointed to a vacancy in the office of Chairman is not appointed as Chairman, the Governor in Council shall appoint,

1440 Electoral and Administrative Review Act 1989, No. 106 by notification published in the Gazette, another of the Commissioners to be Chairman. (4) Section 2.4 (1) does not apply in relation to a recommendation for appointment under subsection (1) or (3). 2.8 Proceedin g s of Commission (1) If the Chairman holds his appointment on a full-time basis , he is the chief executive officer of the Commission. (2) Meetings of the Commission shall be held at regular intervals as prescribed, or, if not prescribed, as the Commission resolves, and may be held at such other times as the Chairman determines. (3) The Chairman shall preside at every meeting of the Commission at which he is present and in his absence the person who shall so preside is- (a) the person appointed under section 2.5 to act in the Chairman's stead; or (b) if there be no such person as that referred to in paragraph (a), a Commissioner appointed for the purpose by the members of the Commission present at the meeting. (4) Business may be conducted at a meeting of the Commission at which a quorum is present, and shall be decided by majority vote of the members present and voting thereon. The person presiding at a meeting of the Commission is entitled to a deliberative vote and, in the event of an equality of votes, is entitled to a casting vote. (5) A quorum of the Commission consists of 3 members except when a report of the Commission is presented to a meeting for adoption, when a quorum consists of 4 members. (6) Conduct of meetings of the Commission shall be as prescribed by the Regulations or, insofar as not so prescribed, as the Commission resolves from time to time. Division 2-Object of Commission 2.9 Commission's object ) The object of the Commission is to provide reports to the Legisl, ,e Assembly and to the Minister with a view to achieving and maintr= (a) efficiency in the ( aeration of the Parliament; and (b) honesty, impartiality and efficiency in- (i) elections; (ii) public administration of the State; (iii) Local Authority administration. (2) The Commission is concerned only with systems, principles

Electoral and Administrative Review Act 1989, No. 106 1441 and practices, and not with particular instances of alleged inefficiency, dishonesty or partiality except to the extent that such instances indicate or suggest deficiency in existing systems, principles or practices. (3) The Commission is not authorized by this Act to require or direct the alteration of systems, principles or practices or the revocation, reversal or alteration of any decision taken. (4) The Commission is not authorized by this Act to provide reports in relation to the procedures or operations of the courts of the State of whatever jurisdiction. Division 3-Functions of Commission 2.10 Commission's functions. (1) The functions of the Commission are- (a) subject to subsection (3), to investigate and report from time to time in relation to- (i) the whole or part of the Legislative Assembly electoral system; (ii) the operation of the Parliament; (iii) the whole or part of the public administration of the State, including any matters pertaining thereto specified in the Report of the Commission of Inquiry, or referred to the Commission by the Legislative Assembly, the Parliamentary Committee, or the Minister; (b) subject to subsection (4), to investigate and report from time to time in relation to- (i) the whole or part of the Local Authority electoral system; or (ii) the whole or part of the Local Authority administration; and (c) to monitor implementation of reforms directed by the Governor in Council or authorized by an Act in relation to matters pertinent to the Commission's functions, and to )ort in relation to such implementation. the c -c-- oper, the Co? the mu-_ iting the extent of the Commission's functions, in lnction to investigate and report in relation to the -liament or the public administration of the State .,ay investigate and report in relation to all or any of zcd in the Schedule. (3) Co n nissioner and an officer of the Commission shall not exercise any powers under Division 4 of this Part for the purpose of an investigation in relation to the operation of the Parliament unless authorized by the Legislative Assembly to do so. (4) A Commissioner or officer of the Commission shall not exercise any powers under Division 4 of this Part for the purpose of an

1442 Electoral and Administrative Review Act 1989, No. 106 investigation under subsection I (b) or in relation to a primary producer co-operative association or marketing board that is not in receipt of moneys of, or financial assistance from, the Crown unless the Commission is authorized by the Legislative Assembly or the Governor in Council to undertake the investigation and it is necessary or expedient to exercise the power in aid thereof. (5) The functions of the Commission do not extend to investigating and reporting in relation to the procedures or operations of the courts of the State of whatever jurisdiction, and a Commissioner or officer of the Commission shall not exercise any powers under Division 4 of this Part for the purpose of an investigation of the registry or administrative offices of the Supreme Court or a District Court unless the Commission is authorized by- * the Chief Justice of the State; * the Legislative Assembly; or the Governor-in-Council, to undertake the investigation and it is necessary or expedient to exercise the power in aid thereof. 2.11 Investigation of Legislative Assembly electoral system. (1) The Commission shall forthwith following the initial appointment of its members, and thereafter from time to time as the Commission considers necessary, investigate the Legislative Assembly electoral system and furnish a report or reports concerning the following matters- (a) whether the State should be divided into any and if so how many and what zones of representation; (b) the name or other means of identification of each such zone (if any); (c) the number of electoral districts into which the State and each zone ( if any ) should be divided; (d) the name or other means of identification of each such electoral district; (e) the distribution of electoral districts throughout the State and each zone ( if any); (f) the location of the boundaries of each electoral district and each zone ( if any); (g) the compilation of electoral rolls of the electors of each electoral district; (h) the margin of allowance (if any ) between the numbers of electors in each electoral district; (i) such matters as the Commission considers pertinent to the Legislative Assembly electoral system. (2) The provisions of the ElectoralDistrictsAct 1985 have no application in relation to the discharge by the Commission of its function prescribed by subsection (1).

Electoral and Administrative Review Act 1989, No. 106 1443 (3) In discharge of its function in accordance with subsection (1) the Commission shall initially cause to be advertised State-wide notices calling for submissions to be made to it by persons wishing to make submissions with respect to the matter specified in subsection (1) (a). (4) Upon receipt of submissions in writing within the time specified in the notice under subsection ( 3) the Commission shall consider the submissions and, ° - making such investigations as the Commission considers necess - y or (-sirable , the Commission shall furnish a report on the matter specified in subsection ( 1) (a) together with a map or maps of proposed zones of representation (if any) into which the State should, in its opinion, be divided. (5) The Commissi on's report under subsection ( 4) shall include a draft of a bill for an Act directed to authorizing the Commission to determine in accordance with the proposed provisions of the Act the boundaries of the electoral districts into which the State should be divided, as recommended by the Come io. ' Electoral district b the Legislative Asser ,1 , ' 1:1 . ,solu' * on, 7 opt , the ,ion's report under section 2.11 or udc4 .i th- reporr varied in such particulars as the Assembly considers appropriate , the Minister shall cause to be presented to the Assembly- (a) a Bill for an Act that gives effect to the draft Bill included in the Commission ' s report under section 2.11 (4); or (b) a Bill for an Act that gives effect to that draft Bill varied to the extent resolved upon by the Assembly, as the case re-"fires, for e"^ctment as law. 2, e a .eeti.., 1 i le (1) A report of the Commission, duly (a) to the Chairman of the Parliamentary Committee; (b) to the Speaker of the Legislative Assembly, and (c) to the Minister. Legislati- Y - accompanyi it be printed. mission's report is received by the Speaker when the sly is not sitting, he shall deliver the report and any ocument to The Clerk of the Parliament and order that (3) A report printed n cc,-°irnce with subsection (2) shall be deemed for all purposes to led in and printed by order of Legislative Assembly , accorded all the immunities ar ' in vileges of a report so . rin`a^ (4) A report received by i e accordance with subsection ( 2), sL ; ' _:-, -ne - e L ive . ;i ' ly

1444 Electoral and Administrative Review Act 1989, No. 106 on the next sitting day of the Assembly after it is received by him and be ordered by the Legislative Assembly to be printed. (5) No person shall publish, furnish or deliver a report of the Commission, otherwise than is prescribed by this section, unless the report has been printed by order of the Legislative Assembly or is deemed to have been so printed. (6) This section does not apply to an annual report of the Commission referred to in Section 7.11. Division 4-Powers of Commission 2.14 Discharge of functions . The Commission may discharge any of its functions by any one or more of the Commissioners as approved by the Commission. The Commissioner or the Commissioners, at any time, discharging the Commission's functions, constitute the Commission. 2.15 Information to assist investigation . (1) For the purpose of an investigation by the Commission, the Chairman may- (a) by notice signed by him and served on a person holding an appointment in a unit of public administration; or (b) by notice signed by him and served on a person holding an appointment in the service of a Local Authority, who in the Chairman's opinion, has or might have information relevant to the investigation, require that person to produce to the Commission a statement of information concerning the subject-matter of the investigation. (2) A notice under subsection (1)- (a) shall specify a time within which it is to be complied with; (b) shall describe briefly the general nature of the information sought, by reference to a particular matter or to the type of information required; and (c) shall specify the place where or the person to whom the statement of information is to be produced. (3) A notice under subsection (1)- (a) may provide that its requirement may be satisfied by some person acting on behalf of the person to whom the notice is directed; and (b) may specify the person or class of person who may so act. 2.16 Production of documents etc. (1) For the purposes of an investigation by the Commission the Chairman may- (a) by notice signed by him and served on a person holding an appointment in a unit of public administration;

Electoral and Administrative Review Act 1989, No. 106 1445 or (b) by notice signed by him and served on a person holding an appointment in the service of a Local Authority, who, in the Chairman ' s opinion , has or might have a record or thing relevant to the investigation in his custody or control , require that person- (a) to attend , at a time and place specified in the notice; and (b) to produce to a person specified in the notice, a record or thing identified in the notice or all records or things of a specified category. (2) A notice under subsection (1)- (a) may provide that its requirement may be satisfied by some person acting on behalf of the person to whom the notice is directed; and (b) may specify the person or class of person who may so act. 2.17 Power to enter public premises . (1) For the purposes of an investigation by the Commission, a Commissioner or an officer of the Commission, in either case authorized in writing by the Chairman may, at any time- (a) enter and inspect-- (i) premises occupied or used by or for the official purposes of a unit of public administration; or (ii) premises occupied or used by or for the official purposes of a Local Authority; (b) inspect any record or thing that is, or might be, relevant to the subject-matter of the investigation found in or on the premises; (c) seize and remove from the premises any record or thing that is relevant to the subject-matter of the investigation found in or on the premises; and (d) make copies of or extracts from any such record found in or on the premises and take away such copies and extracts. (2) The Commissioner or officer of the Commission who enters premises for the purposes of subsection (1) shall, upon request of the occupier of the premises, or of a person acting on behalf of the occupier, so to do, produce for inspection by the occupier or person the authority of the Chairman under which the Commissioner or officer purports to act. (3) All persons holding appointments in a unit of public administration, or in the service of a Local Authority , shall make

1446 Electoral and Ad m inistrative Review Act 1989, No. 106 available to the Commissioner or officer such facilities as are necessary to enable the powers conferred by subsection (1) to be duly exercised. (4) The powers conferred by paragraphs (b), (c) and (d) of subsection (1) are subjes to ection 2.20. 2.18- by him and : (a) sum p ub ic the C` (1) cc cf The Chairman may, by notice of summons signed 7 person to whom it is addressed- - -scn holding any appoints i tat in a unit of io n , or any other pe SO if in either case v s that he has , or r ^ it "ar iation -r of a Commis--1'6-11 :! ':ion, be . nission on a (_--'I time ce spe notice and t=aer^ th e to Action to thy: n °_J Lj,::ct-matter; 'Joils' or, s or i elev v^ ion, y a at a tir n yid were to produc it of public case the c ,tody or .(1)Ar , 2.18 to p -o oects w for failure tc Act enjoin on with respect to notice relates; in respect of a, _ctic- 2.15, 2.16 or 2.1 to which a powc

Electoral and Administrative Review Act 1989, No. 106 1447 by paragraph (b), (c) or (d) of section 2.17 (1) is about to be exercised, is claimed by a person entitled to claim the privilege on the ground- (a) that the information, record or thing would tend to incriminate him; (b) of legal professional privilege; (c) of Crown privilege or other public interest; or (d) of Parliamentary privilege, the person has a lawful excuse for not complying with the notice or, as the case may be, the power to inspect, seize, remove, copy or m2ke extract shall not be exercised, if it is found by a Judge of the Su- Court that the claim of privilege is valid and well-founded, and, whe the claim is made on the ground of Crown privilege or other puv:a. interest, that on balance the public interest is better served by withholding the information, record or thing than by disclosure thereof. (2) Where a claim of privilege referred to in subsection (1) is made, application may be made to a Judge of the Supreme Court by the Chairman or by the person claiming such privilege for a determination of the claim. (3) An application- (a) shall be made in accordance with the Rules of Court or, insofar as those rules do not provide, as directed by a Judge of the Supreme Court; and (b) shall be heard in Chambers. A transcript of all proceedings upon an application shall be made and kept by the Court. (4) The burden of proof upon an applice ion shall be on the person who seeks to withhold the information, recor - or thing, or, as the case may be, to prevent the exercise of powe i r section 2.17. (5) Costs of an application made in rely _io^ to a claim c claimed on a ground prescribed by subsectio (s ) ~1-all be he Commission , unless otherwise ordered by tI on tl- g,., the claim ' ; "-ivolous or vexatious. 2 . upon clam-- referred to in section 2.20 is r _ of which a ,;r-on seeks :o following procedures shall be -1D If a claim of `ion to any -°c :.ers under sccraor. (a) the claimant, or his re'; ri tative, -, place the record in a container under the si _ion c tie person seeking to exercise such powers a_.d e coj it -^r shall be sealed; (b) a written record shall be i ;a of the contents c the container, indicating the gener _ of each recc_ _ sin, and that record and the contain _r tall be endor__,v by

1448 Electoral and Administrative Review Act 1989, No. 106 claimant (or his representative) and such person to the effect that powers under section 2.17 have not been exercised in respect of the container's contents pending determination of a claim of privilege; (c) the container and such written record shall be delivered by the claimant (or his representative) and such person to the Registrar of the Supreme Court to be held by him in safe keeping until- (i) application to a Judge of the Supreme Court is made for determination of the claim of privilege; (ii) expiration of 3 working days, no such application having been made; or (iii) the Registrar is informed by both the claimant (or his representative) and such person that agreement has been reached as to disposal of the container and the contents. (d) where application referred to in paragraph (c) (i) is made the Registrar shall deliver the sealed container and the written record accompanying it into the custody of the Judge who is to determine the application, to be disposed of as ordered by the Judge; (e) where 3 working days have expired and no such application has been made, the Registrar shall return the sealed container and the written record accompanying it to the claimant (or his representative); (f) where the Registrar is duly informed that agreement has been reached as to disposal of the container's contents, he shall return the contents in accordance with the agreement, opening the container for the purpose where necessary. (2) If in any case a claimant of privilege referred to in section 2.20 will not participate in the procedures prescribed by subsection (1), or any of them, the person seeking to exercise powers under section 2.17 in respect of the record in question may carry out the procedures on his own account and on behalf of the claimant. It shall be deemed by the .c in: ersons concerned, un'oss ed out have been ;ons of subsection (1) of the Supreme Court and a -y be shown, that procer' it as prescribed, an effect accordingly. 2.22 Protection to persoi ci. with cnt. A person bound by o< h, affir: ation, or declaration or p ovision of an Act to maintain Confidentiality with respect to any information, record or thing shall be taken not to have- (a) breached the oath, affirmation or declaration or the provisions of any law relevant thereto; (b) committed an offence against the provision that requires the maintenance of confidentiality;

Electoral and Administrative Review Act 1989, No. 106 1449 or (c) rendered himself liable to disciplinary action, by reason of his complying with a requirement of a notice issued under section 2.15, 2.1 6, or 2.18. Division 5-Procedures of Commission 2.23 Commission not bound by rules or practice . (1) The Commission is not bound by rules or the practice of any court or tribunal as to evidence or procedure in the discharge of its functions or exercise of its powers, but may inform itself on any matter and conduct its proceedings in such manner as it thinks proper. (2) The Commission- (a) shall act independently, impartially, fairly, and in the public interest; (b) shall make available to the public all submissions, objections and suggestions made to it in the course of its discharging its functions, and otherwise act openly, if to do so would be in the public interest and fair; (c) shall not make available to the public, or disclose to any person, information or material in its possession, if to do so would be contrary to the public interest or unfair; (d) shall include in its reports- (i) its recommendations with respect to the relevant subject- matter; (ii) an objective summary and comment with respect to all considerations of which it is aware that support or oppose or are otherwise pertinent to its recommendations. 2.24 Co missions "s - - to administer oath etc. A Commissioner, or a person nominated by him, is authorized to administer an oath or affirmation or take a statu )ry declaration required by the Commissioner for the purposes of the Commission. Division 6-Protection from Victimization and Reimbursement for Assisting Commission 2.25 that beer ise functions- -y ` '-- om victimization . If it appears to Co-nmission i has assisted the Commission :i -ge of its ., 'n good faith, to the Coz s:.ting or suggesting de'-c - -'^ -q Y by i^ - to the Commission infer r^ ^;c- cord or thing; nt of * by obeying. a notice of summons of C or ® in any other manner, it is likely that- (a) the safety of the person or any other person will be prejudiced; (b) the person or any other person will be subject to intimidation or harassment;

1450 Electoral and Administrative Review Act 1989, No. 106 or (c) the person or any other person will be prejudiced in his career, the Commission shall make such arrangements and take such steps as are necessary and are open to the Commission to avoid the occurrence of such prejudice , intimidation or harassment. 2.26 - -i si _ : - t. A person who, at the request or direction of the Commissic a or the Chairman, attends before the Commission to produce any it formation, record or thing is entitled to be paid from moneys appropriated by Parliament to the purposes of the Commission a sum, on account of reasonable expenses ( if any) incurred by him in so attending , in an amount in accordance with the prescribed scale or, in the absence of such a scale , in a reasonable amount determined by the Commission. PART III-REFS AL OF MATTER S BY COM M ISSION 3.1 R eferral of _% ( 1) The Cc fission may, before or after investigating a matter k^Yhether or not investigatio completed and whether or not tl Commission l made its r :-, , refer the matter to a unit of public administration or the or other, officer therein ( as the Commission considers appropri, _ '_-1) or, to a Local Authority or an officer thereof ( as the Commission cone i(1, ers appropriate), for investigation or other action. A unit, Local Authority or person to whom a matter is referred is in this Part referred to as the relevant authority. (2) The Commission shall not make a reference under subsection (1) except _ ter consultation with the principal officer in the relevant unit of administn ':: n or, as the case may be, the appropriate officer c e relevant Loci ' erity, and after taking into consideration the views of the principal officer or , as the case may be, appropriate officer. ("` T' Cr--amission may, whr-i (1), recc n what action and the r ; within which it i rata°.ho _. i`,T''-: Commission an,, F" ^ b :.: ation that ins az on of conduct :want authority lied during the referred. fission may, when it he relevai-' G.T."'-:;"y to elation to -lie ma (a) comply with such requirements as the Commission specifies; (b) be submitted to the Commission within such time as the Commission directs.

Electoral and Administrative Review Act 1989, No. 106 1451 3.3 Further action by C_ --'--ion. (1) If the Commission is not satisfied that the relevant autho, 'ty has taken due and proper action in connexion with a matter referred under section 3.1, the Commission shall inform the relevant authority of the grounds of the Commission's dissatisfaction and shall give the relevant authority an opportunity to submit its comments to the Commission within a specified time. (2) If no such comments are received within the specified time, or if, after considering any such comments received, the Commission is still not satisfied, the Commission may submit to the Minister of the Crown or, where the relevant authority is a Local Authority or an officer thereof, the mayor or chairman of the Local Authority having responsibility for the relevant authority a statement settir4 out the reference concerned and tl. , -ission's recommendati s:-i ti _ on (if any) and the grounds of di3sr'-i1'_ ^ ion, together with any ec,r rents of the relevant authority and of Commission. . cc nsidering < ty co mments of the person to N om a Iu'r sn (2), received by it w' 21 ent ? d, the Commission . . t reference concerned, or e, the Commissi _ _ o be c, .t or direction this Part; )f -ie Commission ieh. Clio 1 1 v£

1452 Electoral and Administrative Review Act 1989, No. 106 Service Commission , arrange for use (by secondment or otherwise) by it of the services of staff or facilities of any unit of public administration, or of any office administered within such a unit. 4.3 Engagement of services . The Commission may engage suitably qualified persons to provide the Commission with services, information or advice. 4.4 Officers of Commission . (1) While a person is employed by the Commission under section 4.1, or a person's services are utilized by the Commission under section 4.2 that person is, for the purposes of this Act, an officer of the Commission. (2) In the discharge of their duties, officers of the Commission are subject to the control and direction of the Commission, and not to any other person or authority that, but for this provision, might be taken to have had control and direction of them. (3) The Public Service Management and Employment Act 1988 does not apply to the appointment of persons employed by the Commission and persons appointed to employment by the Commission do not thereby become officers of the public service of the State or otherwise become subject to that Act. (4) A person who is a member of the staff of a unit of public administration, or an office administered within such a unit, whose services are for the time being utilized by the Commission under section 4.2 remains a member of the staff of that unit or office, subject to subsection (2). (5) A person recognised by subsection (4) as remaining a member of the staff of a unit of public administration or office- (a) retains and is entitled to all rights that have accrued to him by reason of employment as such a member, or that would accrue in the future to him by reason of employment as such a member if his services were not being utilised by the Commission; (b) continues to be required to contribute to any superannuation scheme to which he is required to contribute by reason of employment as such a member, regardless of utilization of his services by the Commission; and (c) is to be taken to have continuous service as such a member, regardless of utilization of his services by the Commission. 4.5 Superannuation . (1) Subject to the approval of the Governor- in-Council, the Commission- (a) may establish and maintain or participate in a scheme or arrangement; (b) may amend a scheme or arrangement established and maintained by it,

Electoral and Administrative Review Act 1989, No. 106 1453 that secures superannuation or provident benefits for its employees or their dependants. In this subsection the expression "employees" does not include officers of the Commission whose services are being utilized under section 4.2. (2) It is not competent to the Commission to continue to participate in a scheme or arrangement such as is referred to in subsection (1) that is amended subsequently to the Commission commencing its participation therein, unless the approval of the Governor-in-Council is obtained to its continued participation. (3) The Auditor-Generalshall audit the accounts and records of a scheme or arrangement such as is referred to in subsection (1) established and maintained by the Commission. Audits under this section shall be performed in such manner and at such times as the Auditor-General thinks fit. The provisions of the Financial Administration and Audit Act 1977- 1988 that apply in relation to audits of accounts required by any Act to be performed by the Auditor-General apply in relation to audits under this section. PART V-THE PARLIAMENTARY COMMITTEE Division 1-Constitution and Membership 5.1 Constitution . (1) As soon as is practicable after the commencement of this Act and as soon as is practicable after the commencement of the first session of each Parliament there shall be appointed a Committee of Members of the Legislative Assembly to be called the "Parliamentary Committee for Electoral and Administrative Review". (2) The practice of the Legislative Assembly in relation to the appointment of members of Select Committees, to the extent that the practice does not conflict with the provisions of this Part, apply in relation to the appointment of members of the Parliamentary Committee. 5.2 Composition . (1) The Parliamentary Committee shall consist of seven Members of the Legislative Assembly, appointed by the Assembly, of whom- (a) not more than four shall be nominated for appointment by the Minister of the Crown who is recognized in the Assembly as the Leader of the House; and (b) not less than two shall be nominated for appointment by the Leader of the Opposition in the Assembly. (2) Where a political party other than one in Government or in Opposition, is represented in the Legislative Assembly by at least five

1454 Electoral and Administrative Review Act 1989, No. 106 members, the remaining member of the Parliamentary Committee shall be a person nominated for appointment by the leader in the Assembly of such members. If there be two or more such political parties at any time, such remaining member shall be nominated jointly by the leaders in the Assembly of the members thereof. (3) A Minister of the Crown shall not be a member of the Parliamentary Committee. 5.3 Application of St -Ln tules and Orders. Subject to the provisions of this Part, the Standing Rules and Orders of the Legislative Assembly relating to Select Committees apply in relation to the Parliamentary Committee and the conduct of its business as they apply to any other Select Committee of the Assembly. 5.4 Term of G (1) The members of the Parliamentary Committee shall go out of o2lce upon the dissolution, or expiry of the term, of the Legislative Assembly. (2) A member who so goes out of office is eligible to be re-appointed as a member of the Parliamentary Committee. 5.5 Casa .l - : es. (1) The office of a member of the Parliamentary Committee becomes vacant if- (a) he dies; (b) he delivers to the Speaker of the Legislative Assembly, or if the office of Speaker be vacant, to The Clerk of the Parliament, his resignation in writing signed by him; (c) he ceases to be a member of the Legislative Assembly; (d) he becomes a Minister of the Crown; (e) he is absent, without the approval by resolution of the committee, from three consecutive meetings of the committee duly summoned; or (f) he is discharged from service on the committee by resolution of the Legislative Assembly. (2) Subject to section 5.2, the Legislative Assembly may appoint one of its Members to a casual vacancy in the membership of the Parliamentary Committee. 5.6 Quorum in particular case. When the Parliamentary Committee meets to consider its report to the Legislative Assembly, a quorum consists of five members. 5.7 Meeting times. The Parliamentary Committee may sit and conduct its business on any day at any time while the Legislative Assembly is not sitting and, with the leave of the Assembly, at any time while the Assembly is sitting.

Electoral and Administrative Review Act 1989, No. 106 1455 Division 2-Functions and Powers of Parliamentary Committee 5.8 Function Committee are- owers. (1) The functions of the Parliamentary (a) to monitor and review the discharge of the Commission's functions; (b) to report to the Legislative Assembly, with such comments as it thinks fit, on any matters pertinent to the Commission, the discharge of the Commission's functions or the exercise of the powers of the Commission, a Commissioner, or of officers of the Commission, to which the attention of the Assembly should, in the committee's opinion, be directed; (c) to examine the annual report and other reports of the Commission and report to the Legislative Assembly on any matter appearing in or arising out of any such report; (d) to report on any matter pertinent to its functions that is referred to it by the Legislative Assembly; (e) participate in the constitution of the Commission and the removal from office of a Commissioner as prescribed; (f) at a time appropriate to allow tabling of its report under this paragraph in the Legislative Assembly by which it was appointed, being a time near to the expiry of 3 years from its appointment- (i) to review the activities of the Commission during such 3 years; and (ii) to report to the Legislative Assembly and to the Minister as to further action that should be taken in relation to this Act or the functions, powers and operations of the Commission. (2) The Parliamentary Committee has such powers as- (a) are necessary to enable or assist the committee in the proper discharge of its functions prescribed by subsection (1); (b) are conferred on it by the Legislative Assembly with a view to the proper discharge by the Committee of its functions prescribed by subsection (1). PART VI-OFFENCES 6.1 Obstruction etc. of Commission . A person who resists, or wilfully obstructs or hinders, or improperly influences the discharge of a function or the exercise of a power or authority by the Commission, a Commissioner, or an officer of the Commission, or attempts so to do, commits an offence against this Act.

1456 Electoral and Administrative Review Act 1989, No. 106 6.2 Non- compliance with requisition . A person to whom a notice under section 2.15 or 2.16 is duly addressed who- (a) fails to comply with the notice; (b) in response to the notice, supplies information that to his knowledge is false in a material particular; (c) in response to the notice, produces a document that he has rendered, or caused to be rendered, or to his knowledge has been rendered, false in a material particular, commits an offence against this Act, unless, in the case referred to in paragraph (a), he has a lawful excuse for his failure. 6.3 Disobedience to summons . A person who, having been served with a notice of summons duly issued to him by the Chairman- (a) fails to comply in all respects with the summons; or (b) having attended before the Commission in response to the summons, fails to continue his attendance until he is excused by the Commission from further attendance, commits an offence against this Act, unless he has a lawful excuse for his failure. 6.4 Disclosure of confidential information. (1) A person shall not disclose information that the Commission has communicated to him or to any unit of public administration or officer therein, or to a Local Authority or officer thereof on the basis that the information is confidential, unless the disclosure is authorized by subsection (2). (2) A disclosure of information referred to in subsection (1) is authorized if- (a) it is made to another person in order to take action recommended by the Commission when making a reference under section 3.1, or to attain the purpose of the reference; or (b) it is made in good faith for the purpose of obtaining legal advice. (3) A Commissioner or an officer of the Commission shall not disclose information that comes to his knowledge- (a) in the course of his discharging functions or exercising powers as a Commissioner or, as the case may be, in the course of his employment as an officer of the Commission; or (b) because of access to records had by him as a Commissioner or officer of the Commission, except for the purposes of the Commission or of this Act.

Electoral and Administrative Review Act 1989, No. 106 1457 6.5 Offence of victimization. A person who- (a) prejudices, or threatens to prejudice, the safety or career of any person; (b) intimidates or harasses, or threatens to intimidate or harass, any person; (c) does any act that is, or is likely to be, to the detriment of any person, because the person referred to in paragraph (a), (b) or (c) or any other person, has assisted the Commission in the discharge of its functions in any manner referred to in section 2.25, commits an offence against this Act and is liable to a penalty of 85 penalty units. 6.6 Offence provision . (1) A person who contravenes or fails to comply with any provision of this Act or any requirement or direction with which it is his duty under this Act to comply, commits an offence against this Act. (2) A person who commits an offence against this Act may be prosecuted in a summary way under the Justices Act 1886-1988 on the complaint of an officer of the Commission authorized generally or in a particular case by the Chairman. (3) The identity of a complainant and his authority to lay the complaint, as stated in the complaint, shall be presumed in the absence of evidence to the contrary. (4) A person convicted of an offence against this Act is liable, where no other penalty is expressly prescribed, to a penalty of 35 penalty units. PART VII-MISCELLANEOUS PROVISIONS 7.1 Act binds Crown. This Act binds the Crown. 7.2 Protection from liability. (1) An act done, or omission made- (a) by the Commission, any Commissioner or an officer of the Commission acting or purporting to act under or for the purposes of this Act; or (b) by a person acting or purporting to act in response to a notice of the Chairman or a requisition or direction of the Commission or a Commissioner, does not render any Commissioner, any officer of the Commission or any such person liable to any action, claim or demand, if the act is done, or the omission is made, in good faith and without negligence for the purposes of the discharge of the Commission's functions or exercise of its powers, or for the purposes of this Act. (2) In proceedings for defamation in relation to a publication made in connexion with the discharge of any of the Commission's functions, there is a defence of absolute privilege in respect of a publication in

1458 Electoral and Administrative Review Act 1989, No. 106 good faith to or by the Commission, or an officer of the Commission in his official capacity. (3) The burden of proof of an absence of good faith is upon a person who alleges such absence. 7.3 Rem uneration of Commissioners . The Commissioners shall be entitled to such remuneration- (a) by way of salary; or (b) by way of fees, and allowances and recoupment of expenses as are for the time being approved by the Minister. 7.4 Register of interests . ( 1) The Commission shall maintain- a register of the pecuniary interests of each Commissioner had by him at the time of his appointment as a Commissioner or acquired by him during his term of office as a Commissioner; (b) a record of personal or political associations had by each Commissioner that might influence him in the conduct of an investigation by the Commission. (2) Each Commissioner shall furnish to the Commission, the Minister and the Chairman of the Parliamentary Committee- a summary in writing of pecuniary interests had by him at the time of his appointment as a Commissioner; (b) advice in writing of such associations had by him at the time of his appointment as a Commissioner; (c) within 30 days following any substantial change in such pecuniary interests , or a change in such personal or political associations , information in writing of the change. (3) The register and record maintained under subsection (1) shall be updated at least once in every period of 12 months of a Commissioner's term of office. 7.5 Proof of Commission ' s actions . If in any proceedings it is relevant to prove the doing of any act or the taking of any step by the Commission or any Commissioner, a certificate purporting to be that of the Chairman in relation thereto shall be evidence and in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 7.6 Budget . ( 1) For each financial year the Commission, by or within such time as the Minister directs, shall frame and adopt a budget that is consistent with funds appropriated by the Parliament to the purposes of the Commission. Every budget is subject to the Minister ' s approval and, until so approved , is of no force or effect.

Electoral and Administrative Review Act 1989, No. 106 1459 (2) From time to time in a financial year the Commission may frame and adopt amendments to its budget approved by the Minister for that year, consistent with funds available for the purposes of the Commission. Every amendment is subject to the Minister's approval and, until so approved, is of no force or effect. (3) The Commission shall observe its budget as approved for the e being. (4) Every budget must show- (a) estimates of the receipts (if any) and disbursements of the Commission for the year to which the budget relates; (b) the purposes for which disbursements will be made by the Commission in the year to which the budget relates; (c) estimates of receipts (if any) and disbursements adopted by the Commission in respect of the previous year and the actual receipts (if any) and disbursements for that year. 7.7 Audit. For the purposes of the Financial Administration andAudit Act 1977-1988 , the Commission is a statutory body within the meaning of that Act. 7.8 Service of documents . ( 1) This section does not apply to a summons to a person to answer a charge of an offence against this Act. (2) If service of a document on a person for the purposes of this Act might be a fact that must be proved in proceedings against the person for an offence against this Act service of the document may be effected- (a) on an individual , by delivering it to him personally; (b) on a corporate entity, by leaving it with a person at the head office or registered office of the entity. (3) Service of a document (other than one referred to in subsection (2)) on a person for the purposes of this Act may be effected- (a) on an individual , in accordance with subsection (2), or by leaving the document at, or sending it by pre - paid post to the residential or business address of the individual last known to the Commission; (b) on a corporate entity , in accordance with subsection (2), or by leaving the document at, or sending it by pre-paid post to, the head office or registered office of the entity. (4) Subsection (3) shall not be construed to prejudice any other mode of service whereby a document may be effectively brought to the notice of any person , including any means of substituted service, if it is approved in a particular case by the Chairman. 7.9 Proof of service. Service of a document for the purposes of is Act shall be sufficiently proved , to the Commission and in any proceedi hh,s

1460 Electoral and Administrative Review Act 1989, No. 106 in which service of the document must be proved, by means prescribed by the Justices Act 1886-1988 in relation to service of a summons. 7.10 Authority to administer oaths etc. Any justice is authorized to administer any oath or affirmation or to take any statutory declaration for the purposes of this Act. 7.11 Annual Report of Commission . (1) The Commission shall in each year report to the Minister in respect of the Commission's activities during the preceding period of 12 months. (2) The Commission's annual report shall be tabled in the Legislative Assembly within three sitting days after presentation of the report to the Minister. 7.12 Regulations . The Governor-in-Council may make regulations not inconsistent with this Act prescribing with respect to- (a) forms to be used for the purposes of this Act and the purpose for which each such form is to be used; (b) attestation of documentary material required for the purposes of the Commission; (c) procedures to be observed by Commissioners or officers of the Commission in discharging the Commission's functions or in exercising the powers and authorities conferred by this Act; (d) fees to be charged for reports of, or submissions to, the Commission that are made available to the public by the Commission; (e) all matters required or permitted by this Act to be prescribed; and (f) all matters necessary or convenient for the administration of this Act or the attainment of the objects and purposes of this Act.

Electoral and Administrative Review Act 1989, No. 106 1461 SCHEDULE [s. 2.10] 1. Preservation and enhancement of individuals' rights and freedoms. 2. Practices and procedures of the Parliament. 3. Expenditure of public moneys. 4. Activities of Ministerial press secretaries and the media sectors of units of public administration. 5. Functions and powers of Committees of the Legislative Assembly. 6. Functions, powers, practices and resources of the Auditor-General, generally and particularly in relation to the auditing of systems and controls, detailed auditing of expenditures, and his reporting to the Legislative Assembly. 7. Registration of financial interests of members of the Legislative Assembly, of members of the immediate family of Ministers of the Crown, and of principal officers in units of public administration. 8. Registration of donations to political parties and other donations of political significance. 9. Elimination of inappropriate considerations from- (a) decisions made by or on behalf of the Government; (b) advice tendered to the Governor-in-Council; (c) discharge of functions and exercise of powers by units of public administration. 10. Availability to the public of information concerning- (a) decisions made by or on behalf of the Government; (b) discharge of functions and exercise of powers by units of public administration. 11. Public notification of significant personal or political connexions of persons who benefit from decisions made by or on behalf of the Government or activities engaged in by or on behalf of the Government. 12. Distribution of the functions of units of public administration. 13. Independence of statutory tribunals. 14. Administrative appeals and judicial review of administrative decisions and actions. 15. Employment in units of public administration including- (a) creation and elimination of positions; (b) appointments and promotions, public notification of appropriate vacancies, procedures for interviewing, assessing and reporting on applicants, and criteria for selection; (c) transfers, retrenchments, dismissals and disciplinary penalties; (d) the availability of a system for independent review of decisions made with respect to such employment and 48

1462 Electoral and Administrative Review Act 1989, No. 106 establishment of an independent tribunal for the purpose in appropriate cases. 16. Protection from victimization of persons because of statements made in good faith concerning dishonesty, misconduct, inefficiency, or other deficiency in public administration, and penalizing persons who make wilfully false statements concerning such matters.