Untitled document
Public Sector Management and Parliamentary
Officers (Amendment) Act 1996
Act No. 24/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF PUBLIC SECTOR MANAGEMENT
ACT 1992 3
3. Prerogative office 3 4. Application of merit provisions to employees 3 5. Period of notice 3 6. Executive officer leave 4 7. Appointment of prerogative officers 5 8. Salary on return to public sector 6 9. Transfers between Departments 6 10. Excessive salaries 7 11. Transfers of senior executive officers 7 12. New section 81AA inserted 8 81AA. Transfer conditions 8 13. Application of Employee Relations Act 9 14. New Part 9B inserted 10 PART 9B—JUDICIAL EMPLOYEES 10 95C. Judicial employees 10 95D. Employment of judicial employees 10 95E. Termination of employment as judicial employee 10 15. Supreme Court—limitation of jurisdiction 12 PART 3—AMENDMENT OF PARLIAMENTARY OFFICERS
ACT 1975 13
16. Definitions 13
i
Section Page
17. New sections 5 and 6 substituted and 6A inserted 13 5. Clerk of the Parliaments 13 6. Department heads 14 6A. Offices in a department 15 18. New section 7 substituted 16 7. Appointment of officers 16 19. New section 8 substituted 17 8. Which persons are to be recommended for appointment 17 20. Appointment of officer of public service 17 21. New section 10 substituted 18 10. Transfer of officer to public service 18 22. New section 11 substituted 18 11. No officer to be dismissed except under Act 18 23. Temporary employment 19 24. New sections 12A, 12B, 12C, 12D and 12E inserted 19 12A. Delegation 19 12B. Application of Employee Relations Act 1992 19 12C. Legal proceedings not to be brought in respect of
appointment 20 12D. Choice of procedure 21 12E. Supreme Court—limitation of jurisdiction 21
25. Regulations 21 26. New section 13A inserted 23 13A. Transitional regulations 23 27. New sections 14, 15 and 16 substituted and 16A inserted 25 14. Conduct of department head 25 15. Board of Inquiry 26 16. Decision of Governor in Council on charges 26 16A. Incapacity of department head 28 28. Repeal of sections 20 and 21 28 29. New section 25 inserted 28 25. Transitional 28
PART 4—AMENDMENT OF OMBUDSMAN ACT 1973 30
30. Acting appointments 30 31. New section 6F inserted 30 6F. Ombudsman may perform functions of Deputy Ombudsman 30 PART 5—AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968 31
32. Amendment of reference to Parliamentary Secretary 31
ii
Section Page PART 6—AMENDMENT OF EMPLOYEE RELATIONS ACT 1992 32
33. Amendment of section 7 of Employee Relations Act 1992 32
PART 7—AMENDMENT OF CONSTITUTION ACT 1975 33
34. Amendment of the Constitution Act 1975 33 PART 8—AMENDMENT OF SUBORDINATE LEGISLATION
ACT 1994 34
35. Exemptions 34
═══════════════
NOTES 35
iii
Victoria
No. 24 of 1996
Public Sector Management and
Parliamentary Officers (Amendment)
Act 1996†
[Assented to 2 July 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Public Sector Management Act 1992 to improve the administration of that Act; and
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 2 | Act No. 24/1996 |
(b) to amend the Parliamentary Officers Act 1975 to make new provisions in relation to the appointment and employment of parliamentary officers; and
(c) to amend the Ombudsman Act 1973 in relation to the functions of the Deputy Ombudsman; and (d) to amend the Parliamentary Salaries and Superannuation Act 1968; and (e) Employee Relations Act 1992, the
to make consequential amendments to the Legislation Act 1994.
2. Commencement
(1) This Act (except section 33(1)) comes into
operation on the day on which it receives the
Royal Assent.
(2) Section 33(1) is deemed to have come into
operation on 16 November 1993.
_______________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 3
PART 2—AMENDMENT OF PUBLIC SECTOR
MANAGEMENT ACT 1992
3. Prerogative office
In section 4(1) of the Public Sector Management
Act 1992 insert—
'"prerogative office" means an office under theCrown in right of the State of Victoria (other than a statutory office) to which the right to appoint is vested in the Governor in Council;'.
4. Application of merit provisions to employees
(1) After section 34A(4) of the Public Sector
Management Act 1992 insert—
"(5) Sections 24 and 29 apply to the employment
of fixed term employees under this
Division.".
(2) After section 35(4) of the Public Sector
Management Act 1992 insert—
"(5) Section 24 applies to the employment of a
person under this section.".
(3) After section 35A(1) of the Public Sector
Management Act 1992 insert—
"(1A) Section 24 applies to the employment of
casual employees under this Division.".
5. Period of notice
(1) In section 34B (1) of the Public Sector
Management Act 1992 for "the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992" substitute "4 weeks notice of termination or the period of notice of termination required by Part 6 of Schedule 1 to
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 6 | Act No. 24/1996 |
the Employee Relations Act 1992 (whichever is
the greater)".
(2) In section 35(2A) of the Public Sector
Management Act 1992 for "the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992" substitute "2 weeks notice of termination or the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992 (whichever is the greater)".
(3) In section 55(5) of the Public Sector
Management Act 1992 for "the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992" substitute "4 weeks notice of termination or the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992 (whichever is the greater)".
6. Executive officer leave
(1) In section 49 of the Public Sector Management
Act 1992 (definition of "employment benefit") paragraph (d) is repealed.
(2) For section 60(5) of the Public Sector Management Act 1992 substitute— "(5) An executive officer is entitled to be paid an
amount equivalent to the cost (calculated in
accordance with the regulations (if any)) of a
part of any entitlement to take annual or long
service leave with pay if the officer forgoes
(with the approval of his or her employer)
the right to take that part of the leave.".
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 7
7. Appointment of prerogative officers
(1) In section 50(1)(ba) of the Public Sector
Management Act 1992 after "statutory office" insert "or prerogative office".
(2) After section 54(1)(aa) of the Public Sector
Management Act 1992 insert—
"(ab) any prerogative office which is a declared
authority; and".
(3) In section 55(5) of the Public Sector
Management Act 1992 after "Official Secretary" insert "or the holder of a prerogative office".
(4) After section 63(3) of the Public Sector
Management Act 1992 insert —
"(4) Despite anything to the contrary in this Act
or any other Act, if the holder of a
prerogative office is removed from that
office or retires from that office, his or her
contract of employment in respect of that
office is terminated on that removal orretirement.".
(5) After section 81(5) of the Public Sector
Management Act 1992 insert—
"(6) Sub-sections (2), (3), (3A), (3B), (3C) and(4) of this section do not apply to the holder of a prerogative office unless the Governor in Council, by Order published in the
Government Gazette, declares that
sub-section to apply.".
(6) In section 89(1) of the Public Sector
Management Act 1992 (definition of "authority")
after paragraph (e) insert—"or
(f) a prerogative office.".
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 8 | Act No. 24/1996 |
(7) In section 90(3)(c)(i) of the Public Sector
Management Act 1992 after "statutory office" insert "or a prerogative office".
(8) In section 90(4) of the Public Sector
Management Act 1992 after "statutory office" insert "or a prerogative office".
8. Salary on return to public sector
(1) In section 64(5)(b)(ii) of the Public Sector
Management Act 1992 for "an Administrative Officer (AM8)" substitute "a Victorian Public Service Officer (VPS4)".
(2) Despite the amendment of section 64 of the
Public Sector Management Act 1992 by sub-section (1), that section continues to apply in relation to an election made under that section before the commencement of this section as if sub-section (1) had not been enacted.
9. Transfers between Departments
For section 77(3), (4) and (5) of the Public Sector
Management Act 1992 substitute—
"(3) If a function is transferred from oneDepartment to another (whether or not the first Department has ceased to exist), the Minister may, in writing, declare that any officer necessary to carry out, or support the carrying out of, that function is transferred to a position in the second Department at the officer's existing salary, provided that the officer has the qualifications required for the other position and the work assigned to the other position is appropriate to that salary.
(4) On the making of a declaration under
sub-section (3), the officer is deemed to be
transferred to the second Department.
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 10 (5) A declaration under sub-section (3) may be made in respect of one officer or a group of officers.".
10. Excessive salaries
(1) For section 79(2) of the Public Sector Management Act 1992 substitute— "(2) If an officer is unfit to perform work or
incapable of performing work appropriate to the officer's salary which is available for the officer to perform in the Department, the
appropriate Department Head must take such steps as are practicable to secure the officer's transfer to a vacant position in any otherDepartment at the officer's existing salary.".
(2) In section 79(3) of the Public Sector
Management Act 1992 omit "or the officer is unfit for or incapable of performing the work attached to a position referred to in that sub-section".
11. Transfers of senior executive officers
After section 81(3) of the Public Sector
Management Act 1992 insert—
"(3A) If a function is transferred from one
Department to another (whether or not the first Department has ceased to exist), the Minister may, in writing, declare that any senior executive officer necessary to carry out, or support the carrying out of, that function is transferred to a position in the second Department at the officer's existing salary or, as the case requires, with the same remuneration package within the meaning of Part 4.
(3B) On the making of a declaration under
sub-section (3A), the senior executive officer
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 12 | Act No. 24/1996 |
is deemed to be transferred to the second
Department.(3C) A declaration under sub-section (3A) may be
made in respect of one senior executive
officer or a group of senior executive
officers.".
12. New section 81AA inserted
After section 81 of the Public Sector
Management Act 1992 insert—
"81AA. Transfer conditions
(1) If, under section 81, a Department Head is
transferred to a position of Department Head in another Department, the Department Head and the Minister are, unless the Department
Head and the Minister make a new agreement, bound by an individual employment agreement with the same terms
and conditions and with the same accrued
and accruing entitlements as those that
applied to the Department Head immediatelybefore the transfer.
(2) If, under section 81, a Department Head is
transferred to a position in another Department Head), the former Department Head and the Department Head of the new Department are, unless the former Department Head and the Department Head of the new Department make a new agreement, bound by an individual employment agreement with the same terms and conditions and with the same accrued and accruing entitlements as those that applied to the former Department Head immediately before the transfer.
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 13 (3) If an officer (other than a Department Head)
is transferred to a position in another
Department under section 77, 78, 79 or 81 at
that officer's existing salary or remuneration
package, that officer and the Department
Head of the new Department are, unless the
officer and the Department Head make a new
agreement, bound by an individual
employment agreement with the same terms
and conditions and with the same accrued
and accruing entitlements as those that
applied to the officer immediately before the
transfer.
(4) If an officer is transferred to a position in
under section 78 or 79, that officer and the
Department Head of the new Department
are, unless the officer and the Departmentanother Department at a reduced salary individual employment agreement at that reduced salary but otherwise with the same terms and conditions and with the same accrued and accruing entitlements as those that applied to the officer immediately before the transfer.".
13. Application of Employee Relations Act
In section 83 of the Public Sector Management
Act 1992—
(a)
in sub-section (1) after "advisers" insert ", judicial employees under Part 9B";
(b)
in sub-section (4)(a) after "advisers" insert "and judicial employees under Part 9B";
(c)
in sub-section (5) after "advisers" insert "and judicial employees under Part 9B".
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 14 | Act No. 24/1996 |
14. New Part 9B inserted
After Part 9A of the Public Sector Management
Act 1992 insert—
'PART 9B—JUDICIAL EMPLOYEES
95C. Judicial employees
In this Part "judicial employee" means—
(a)
an associate to a Judge of the Supreme Court or County Court; or
(b)
a secretary of or associate to a Master of the Supreme Court or the County Court; or
(c)
a tipstaff of a Judge of the Supreme Court or County Court.
95D. Employment of judicial employees
(1) Subject to the regulations (if any), the
appropriate Department Head may employ
any person as a judicial employee.(2) Section 24 applies to the employment of judicial employees under this Part.
(3) Schedule 4 and the regulations relating to
leave of absence and long service leave
apply to a judicial employee as if any
reference in that Schedule and those
regulations to a fixed term employee were a
reference to a judicial employee.
95E. Termination of employment as judicial
employee
(1) The employment of a judicial employee may be terminated at any time by the Department Head giving the employee or the employee
giving the Department Head notice of
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 14 termination in accordance with sub-section
(2).
(2) The notice must be—
(a) 4 weeks notice of termination or the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992 (whichever is the greater); or (b) such other period of notice as is agreed between the Department Head and the employee. (3) A person who, immediately before his or her
employment under this Part was an officer,
fixed term employee or temporary employee
retains any right to long service, annual, sick
or other leave accrued or accruing to him or
her immediately before that employment,
including, in the case of a fixed term
employee, any right under section 34B(3).
(4) A person who immediately before his or her employment under this Part was an officer is deemed on the termination of his or her
employment under this Part to be
re-appointed to a position in the public
service with the same remuneration as the
position held by the person immediately
before his or her employment under this Part.(5) A person who immediately before his or her employment under this Part was a fixed term employee who immediately before his or her first employment as a fixed term employee
was an officer is deemed on the termination of his or her employment under this Part to be re-appointed to a position in the public
service with the same remuneration as the
position held by the person immediately
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 15 | Act No. 24/1996 |
before his or her first employment as a fixed
term employee.
(6) A judicial employee is not entitled to
compensation as a result of the termination
of that employee's employment under thisPart.'.
15. Supreme Court—limitation of jurisdiction
After section 105(3) of the Public Sector
Management Act 1992 insert—"(4) It is the intention of section 95E(6) to alter or
vary section 85 of the Constitution Act
1975.".
_______________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 16
PART 3—AMENDMENT OF PARLIAMENTARY OFFICERS
ACT 1975
16. Definitions
In section 3 of the Parliamentary Officers Act
1975—
(a)
after the definition of "Council" insert— '"employee" means a person engaged under
section 12;';
(b) for the definition of "Officers of the '''officers of the Parliament" means
officers employed in—
(a)
the department of the Legislative Council; or
(b)
the department of the Legislative Assembly; or
(c) the department of the
Parliamentary Library; or(d)
the department of the Victorian Parliamentary Debates; or
(e)
the department of the House Committee;'.
17. New sections 5 and 6 substituted and 6A inserted
For sections 5 and 6 of the Parliamentary
Officers Act 1975 substitute—
"5. Clerk of the Parliaments(1) There is established an office to be known as
the office of the Clerk of the Parliaments.
(2) The Governor in Council, on the
recommendation of the President and the
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 17 | Act No. 24/1996 |
Speaker, may appoint the Clerk of the Legislative Council or the Clerk of the Legislative Assembly to hold the office of
the Clerk of the Parliaments.
6. Department heads
(1) For the purposes of this Act—
(a)
the person for the time being holding the office of Clerk of the Legislative Council is the department head of the department of the Legislative Council;
(b)
the person for the time being holding the office of Clerk of the Legislative Assembly is the department head of the
department of the Legislative
Assembly;(c)
the person for the time being holding the office of Parliamentary Librarian is the department head of the department of the Parliamentary Library;
(d)
the person for the time being holding the office of Chief Reporter of the Victorian Parliamentary Debates is the department head of the department of the Victorian Parliamentary Debates;
(e)
the person for the time being holding the office of Secretary of the House Committee is the department head of the department of the House Committee.
(2) The Governor in Council, on the
recommendation of—
(a)
the President, may appoint a person to a vacant office of Clerk of the Legislative Council;
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 17
(b)
the Speaker, may appoint a person to a vacant office of Clerk of the Legislative Assembly;
(c)
the President and the Speaker, may appoint a person to any other vacant office of department head.
(3) The Governor in Council may, on the
recommendation of the President and the Speaker, from time to time determine the remuneration payable to a department head
other than the Clerk of the Legislative
Council and the Clerk of the LegislativeAssembly.
(4) The remuneration determined under this
section in relation to an office of department head must be equivalent to the remuneration that may be attached to offices or positions
of equivalent work value in the publicservice.
6A. Offices in a department
(1) The President, on the recommendation of the
relevant department head—
(a) with any office in the department of the
Legislative Council, the department of
the Parliamentary Library or the
department of the Victorianmay create, abolish or otherwise deal office of department head; and
(b) must determine the work value and created under paragraph (a).
(2) The Speaker, on the recommendation of the relevant department head—
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 18 | Act No. 24/1996 |
(a) may create, abolish or otherwise deal with any office in the department of the Legislative Assembly or the department of the House Committee, other than an office of department head; and (b) must determine the work value and created under paragraph (a).
(3) The remuneration determined under this
section in relation to an office in a
parliamentary department must be equivalent
to the remuneration that may be attached to
offices or positions of equivalent work value
in the public service.".
18. New section 7 substituted
For section 7 of the Parliamentary Officers Act
1975 substitute—
"7. Appointment of officers
(1) An appointment to an office in thedepartment of the Legislative Council, the department of the Parliamentary Library or the department of the Reporting Staff of the
Victorian Parliamentary Debates, other than an office of department head, must be made by the President, on the recommendation of the relevant department head.
(2) An appointment to an office in the
department of the Legislative Assembly or
the department of the House Committee,
other than an office of department head,
must be made by the Speaker, on the
recommendation of the relevant department
head.(3) If the Speaker or the President does not accept a recommendation made by a
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 19 department head, the Speaker or President
may request the relevant department head to
make another recommendation.(4) If the relevant department head does not
make another recommendation within the
time required by the Speaker or the
President, an appointment may be made
under sub-section (1) without that
recommendation.".
19. New section 8 substituted
For section 8 of the Parliamentary Officers Act
1975 substitute—"8. Which persons are to be recommended for
appointment
The person recommended for appointment to an office of the Parliament under section 7 must be the person who, in the opinion of the person recommending the appointment, is best qualified for the appointment and entitled to the appointment on the basis of merit taking into account—
(a) skills, knowledge, aptitude and
the extent to which each applicant has of the office; and
(b) diligence and good conduct; and
(c) each applicant in relation to the
functions of any positions, employmentwhere relevant, the performance of engaged in by the applicant.".
20. Appointment of officer of public service
In section 9 of the Parliamentary Officers Act
1975 omit "any other department of".
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 21 | Act No. 24/1996 |
21. New section 10 substituted
For section 10 of the Parliamentary Officers Act
1975 substitute —
"10. Transfer of officer to public service
(1) If any officer of the Parliament is transferred
to a position in the public service, the Public questions relating to the remuneration of the officer and the work value of the position to which the officer is transferred.
(2) A determination under sub-section (1) must not in any manner affect, take away, alter or diminish any right, accrued or accruing to
that officer at the time of his or her
appointment to an office of the Parliament or
which may have been acquired by him or herduring his or her continuance in that office.".
22. New section 11 substituted
For section 11 of the Parliamentary Officers Act
1975 substitute—"11. No officer to be dismissed except under Act
(1) An officer of the Parliament must not be
dismissed or subjected to any other penalty in respect of his or her service as an officer except for the causes and in the manner set out in this Act or the regulations.
(2) If an office is abolished under section 6A,
nothing in sub-section (1) prevents the
services of an officer of the Parliament being
dispensed with in consequence of that
abolition.".
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 23
23. Temporary employment
In section 12 of the Parliamentary Officers Act
1975 for ", the House Committee or the
Parliamentary Offices Committee" (where twice
occurring) substitute "or the House Committee".
24. New sections 12A, 12B, 12C, 12D and 12E inserted After section 12 of the Parliamentary Officers Act 1975 insert—
"12A. Delegation
(1) The President may by instrument delegate to a department head any of his or her powers, duties or functions under this Act or the
regulations other than a power under section
13 to recommend the making of regulations
or this power of delegation.(2) The Speaker may by instrument delegate to a
department head any of his or her powers,
duties or functions under this Act or the
regulations other than a power under section
13 to recommend the making of regulations
or this power of delegation.
12B. Application of Employee Relations Act
1992
(1) The Employee Relations Act 1992 applies
to officers of the Parliament and to
employees.
(2) Officers of the Parliament and employees are employees within the meaning of that Act.
(3) Despite sub-section (1), section 48(a) of the
Employee Relations Act 1992 does not apply in relation to officers of the Parliament and employees.
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 24 | Act No. 24/1996 |
(4) Clause 1(c) of Schedule 1 of the Employee
Relations Act 1992 applies in relation to officers of the Parliament and employees as if any reference to an award were a reference to the provisions referred to in clause 22(1) of Schedule 6 to the Public Sector Management Act 1992.
(5) In determining for the purposes of the
Employee Relations Act 1992 whether a term or condition of an employment agreement is less favourable than the minimum applicable, regard must be had to the whole remuneration package, including employment benefits, and not just the amount of remuneration payable in money.
12C. Legal proceedings not to be brought in respect of appointment
(1) Despite anything to the contrary in the
Employee Relations Act 1992, any question
concerning or arising from the appointment
of, or failure to appoint, a person to an office
of the Parliament or the entitlement or
non-entitlement of a person to be appointed
to an office of the Parliament or the validity
or invalidity of any such appointment is not
an industrial matter within the meaning of
that Act and any dispute, or any threatened,
probable or impending dispute concerning,
or arising from, anything to do with any such
question is not an industrial dispute within
the meaning of that Act.(2) Sub-section (1) applies whether or not any person has been appointed to a vacant office.
(3) Proceedings for an order in the nature of
prohibition, certiorari or mandamus or for a
declaration or injunction or for any other
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 25 relief do not lie in respect of the appointment
of, or the failure to appoint, a person to an
office of the Parliament, the entitlement or
non-entitlement of a person to be so
appointed or the validity or invalidity of any
such appointment.(4) Sub-section (3) does not affect the operation
of sections 13A, 14, 15, 16 or 16A or the
regulations dealing with personal grievances
or disciplinary matters.
12D. Choice of procedure
Despite anything to the contrary in any Act, if circumstances giving rise to a right of review under this Act or the regulations would also give rise to a right of complaint under the Equal Opportunity Act 1995, an officer of the Parliament may exercise only one of those rights.
12E. Supreme Court—limitation of jurisdiction
It is the intention of sections 12C(3) and 12D
to alter or vary section 85 of theConstitution Act 1975.".
25. Regulations
(1) In section 13 (1) of the Parliamentary Officers
Act 1975 for ", the Speaker, the Library Committee, the House Committee or the Parliamentary Offices Committee (as the case
may be)" substitute "and the Speaker".
(2) In section 13 (1) of the Parliamentary Officers
Act 1975 for paragraphs (a) and (b) substitute—"(a) the duties to be performed by officers of the
Parliament and employees;
(b)
providing for procedures for dealing with personal grievances (including empowering
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 25 | Act No. 24/1996 |
the President or the Speaker to appoint a this Act or the regulations;
(ba) specifying what matters constitute personal grievances for the purposes of this Act and the regulations;
(bb) the remuneration of the Tribunal and the
terms and conditions of appointment of the
Tribunal;";
(3) In section 13(1)(c) of the Parliamentary Officers
Act 1975 for "such officers" substitute "officers of the Parliament or employees".
(4) For section 13(1)(d) of the Parliamentary
Officers Act 1975 substitute—
"(d) regulating the procedures for handling
disciplinary matters in relation to officers of
the Parliament and employees including
hearings, appeals and the imposition of
penalties which may include fines (not
exceeding 40 penalty units), reduction in
salary or position or both, suspension or
dismissal;(da) providing for disciplinary action (including
the imposition of penalties which may
include fines (not exceeding 40 penalty
units), reduction in salary or position or both,
suspension or dismissal) which may be taken
in respect of an officer of the Parliament or
employee who has been found guilty of an
offence punishable by imprisonment;".
(5) For section 13 (2) of the Parliamentary Officers
Act 1975 substitute—
"(2) Regulations under sub-section (1) may be
made—
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 26
(a) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and (b) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.".
(6) In section 13(3) of the Parliamentary Officers
Act 1975 for "classification" substitute "work
value or remuneration of an office of the
Parliament".
26. New section 13A inserted
After section 13 of the Parliamentary Officers
Act 1975 insert—
'13A. Transitional regulations
(1) Until regulations in relation to personal grievances and discipline are first made under section 13 as amended by the Public
Sector Management and Parliamentary Officers (Amendment) Act 1996, Parts 11 and 12 of the Public Sector Management Regulations 1993 (as in force on 28 May 1996 and with any necessary modifications) apply to officers of the Parliament (other than department heads) and employees as if—
(a)
regulations 25.2, 25.9, 25.10(d), 27, 30.3(b), 35 and 36 of those Regulations were omitted; and
(b)
in regulation 30.3(c) of those Regulations after "staff member" there
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 26 | Act No. 24/1996 |
| were inserted "(including a department head)"; |
(c)
any reference in Parts 11 and 12 of those Regulations to—
(i) a Department Head were a under this Act; and
(ii) a Department were a reference to a department under this Act; and
(iii) a staff member were a reference to an officer of the Parliament (other than a department head) or an
employee; and
(iv) the Act were a reference to this Act; and
(v) these Regulations were a
reference to the regulations made
under this Act; and(vi) section 103 of the Act were a reference to section 12D of this Act;
(d) except in regulation 34.1(a)(iii), any reference in Parts 11 and 12 of those Regulations to the Public Service Commissioner were a reference to—
(i) matter concerning an officer of the
department of the Legislative
Council, the department of the
Parliamentary Library or thethe President, in relation to any Parliamentary Debates;
(ii) the Speaker, in relation to any matter concerning an officer of the
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 27 department of the Legislative
Assembly or the department of theHouse Committee;
(e) any reference in regulations 41 and 42A of those Regulations to the public service were a reference to the Parliament; (f) any reference in regulation 43 of those Regulations to the public service were a reference to an office of the Parliament or as an employee. (2) Nothing in this section affects the operation of section 25(3).'.
27. New sections 14, 15 and 16 substituted and 16A inserted
For sections 14, 15 and 16 of the Parliamentary
Officers Act 1975 substitute—
'14. Conduct of department head
(1) If, in the opinion of the relevant PresidingOfficer, a department head has engaged in conduct which renders the department head unfit to continue as an officer of the Parliament, the relevant Presiding Officer—
(a)
must report the department head to the Governor in Council; and
(b)
may suspend the department head from duty.
(2) In this section "relevant Presiding Officer"
means—
(a)
the President, in the case of the Clerk of the Legislative Council;
(b)
the Speaker, in the case of the Clerk of the Legislative Assembly;
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 27 | Act No. 24/1996 |
(c)
the President and the Speaker, in the case of any other department head.
15. Board of Inquiry
(1) If—
(a)
a department head has been reported to the Governor in Council; and
(b)
the department head does not admit in writing the truth of the charges made against him or her—
the Governor in Council may appoint a the charges.
(2) A Board of Inquiry appointed under this section shall consist of—
(a)
the Attorney-General or his or her nominee; and
(b)
a member nominated by the Premier; and
(c)
a member nominated by the Leader of the Opposition; and
(d)
a member nominated by the Leader of the Third Party.
(3) The Board of Inquiry must—
(a) conduct a hearing into the charges; and
(b) report its findings to the Governor in Council. (4) The members of the Board of Inquiry may receive and examine evidence on oath.
(5) The Board of Inquiry is bound by the rules of natural justice.
16. Decision of Governor in Council on charges
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 27 (1) If, under section 15—
(a)
the department head admits the truth of the charges; or
(b)
the Board of Inquiry reports that the charges have been proved to its satisfaction—
the Governor in Council may according to
the nature of the conduct—
(c) dismiss the department head; or
(d)
reduce the department head to a lower position; or
(e) reduce the department head's
remuneration; or(f)
deprive the department head of the whole or any part of any future annual increment; or
(g)
deprive the department head of any part of his or her leave of absence.
(2) Unless the Governor in Council otherwise
orders, a department head who is dismissed under this section forfeits all remuneration payable to the department head during any period of suspension under section 14
preceding that dismissal.(3) A suspension imposed under section 14 must be immediately removed by the Governor in Council if the Board of Inquiry reports that
the charges giving rise to the suspension
have not been proved.
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 28 | Act No. 24/1996 |
16A. Incapacity of department head
The Governor in Council, on the recommendation of a Board of Inquiry appointed in accordance with section 15, may dispense with the services of a department head if—
(a) found to be unfit to discharge the duties
the department head is at any time in or incapable of the prompt and effective discharge of his or her duties; and
(b)
the unfitness, incapacity or inefficiency is likely to be of a permanent character.'.
28. Repeal of sections 20 and 21
Sections 20 and 21 of the Parliamentary
Officers Act 1975 are repealed.
29. New section 25 inserted
After section 24 of the Parliamentary Officers
Act 1975 insert—"25. Transitional
(1) A person holding an office of the Parliament
section 29 of the Public Sector
immediately before the commencement of (Amendment) Act 1996 must, on that commencement, be taken to hold the same office on the same terms and conditions, and with the same classification and accrued and accruing entitlements as applied to that person immediately before that commencement.
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 29 (2) A person who immediately before the
commencement of section 23 of the Public Sector Management and Parliamentary Officers (Amendment) Act 1996 was
temporarily employed under section 12 of commencement to be temporarily employed on the same terms under that section by the House Committee.
this Act by the Parliamentary Offices
(3) Sections 14, 15 and 16 of this Act as in force
immediately before the commencement of
section 27 of the Public Sector
Management and Parliamentary Officers
(Amendment) Act 1996 continue to apply
with respect to charges laid before that
commencement.".
_______________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 30 | Act No. 24/1996 |
PART 4—AMENDMENT OF OMBUDSMAN ACT 1973
30. Acting appointments
(1) In section 6(1) of the Ombudsman Act 1973 after "suspension" insert "or during any vacancy in the office".
(2) In section 6C(1) of the Ombudsman Act 1973
after "absence" insert " or during any vacancy in
the office".
(3) After section 6C(3)(b) of the Ombudsman Act
1973 insert—
"or
(c)
on the appointment of a Deputy Ombudsman to the vacancy.".
31. New section 6F inserted
After section 6E of the Ombudsman Act 1973
insert—"6F. Ombudsman may perform functions of
Deputy Ombudsman
The Ombudsman has all the responsibilities, powers, authorities and duties and may perform all the functions of the Deputy Ombudsman during any period in which—
(a)
there is a vacancy in the office of Deputy Ombudsman; and
(b)
an Acting Deputy Ombudsman has not been appointed.".
_______________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 32
PART 5—AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968
32. Amendment of reference to Parliamentary Secretary
In section 7(4) of the Parliamentary Salaries
and Superannuation Act 1968 for
"Parliamentary Secretary to the Cabinet"
substitute "Parliamentary Secretary of theCabinet".
_______________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 33 | Act No. 24/1996 |
PART 6—AMENDMENT OF EMPLOYEE RELATIONS ACT
1992
33. Amendment of section 7 of Employee Relations Act 1992
(1) In section 7(4) of the Employee Relations Act 1992, after "employees" insert "and Ministerial officers and Parliamentary advisers".
(2) In section 7(4) of the Employee Relations Act 1992, after "advisers" insert "and judicial employees".
(3) After section 7(4) of the Employee Relations Act 1992 insert—
"(4A) Subject to section 12B of the Parliamentary
Officers Act 1975, this Act also applies to an officer of the Parliament within the meaning of that Act and any person employed under section 12 of that Act.".
(4) In section 7(5) of the Employee Relations Act 1992 after "sub-section (4)" insert "or (4A)".
_______________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 s. 34
PART 7—AMENDMENT OF CONSTITUTION ACT 1975
34. Amendment of the Constitution Act 1975
In the Constitution Act 1975—
(a) in section 5 the definition of "Parliamentary Offices Committee" is revoked; (b) the Parliamentary Offices Committee"
in section 95(3)(b) for "recommendation of presiding officers";
(c)
Part VIII and the First Schedule are repealed.
________________
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
| s. 35 | Act No. 24/1996 |
PART 8—AMENDMENT OF SUBORDINATE LEGISLATION
ACT 1994
35. Exemptions
After section 9(1)(d) of the Subordinate
Legislation Act 1994 insert—"(da) the proposed statutory rule deals with
administration or procedures within or as
between departments within the meaning ofthe Parliamentary Officers Act 1975; or".
═══════════════
Public Sector Management and Parliamentary Officers
(Amendment) Act 1996
Act No. 24/1996 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 30 May 1996
Legislative Council: 20 June 1996
The long title for the Bill for this Act was "to amend the Public Sector
Management Act 1992, the Parliamentary Officers Act 1975, the
Ombudsman Act 1973, the Parliamentary Salaries and
Superannuation Act 1968, the Employee Relations Act 1992, the
Constitution Act 1975 and the Subordinate Legislation Act 1994, andfor other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 30 May 1996
Legislative Council: 20 June 1996
Absolute majorities:
Legislative Assembly: 19 June 1996
Legislative Council: 26 June 1996
0
0
0