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Queensland
PARLIAMENTARY
LEGISLATION
AMENDMENT BILL 1992
Queensland
PARLIAMENTARY LEGISLATION
AMENDMENT BILL 1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF FINANCIAL ADMINISTRATION
AND AUDIT ACT 1977
3 Amendment of s.35 (Accountable officers) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 3--AMENDMENT OF PARLIAMENTARY MEMBERS'
SALARIES ACT 1988
4 Replacement of Part 5 (Amendment of Parliamentary
Contributory Superannuation Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 5--ALLOWANCES
16 Meaning of allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
17 Power of Governor in Council to determine allowances . . . . . . . . . 5
PART 4--AMENDMENT OF PARLIAMENTARY SERVICE ACT
1988
5 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s.7 (Functions of Parliamentary Service Commission) . . . 6
7 Replacement of s.9 (The Clerk of the Parliament to constitute
Parliamentary Service Commission in interim) . . . . . . . . . . . . . . . . . . . . . . 6
9 Constitution of Commission in interim . . . . . . . . . . . . . . . . . . . . . . . 6
8 Replacement of Part 3 (The Clerk of the Parliament) . . . . . . . . . . . . . . . . . 7
PART 3--CLERK OF THE PARLIAMENT
18 Office of Clerk of the Parliament . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
19 Appointment of the Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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Parliamentary Legislation Amendment
20 Clerk's functions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
21 Clerk responsible to Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
22 Clerk's terms and conditions of employment . . . . . . . . . . . . . . . . . . 8
22A Clerk's resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
22B Clerk's removal or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
22C Performance of Clerk's functions in Clerk's absence . . . . . . . . . . . . 9
22D Relationship of Clerk and chief executive . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s.23 (Parliamentary Service) . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s.24 (Functions of Parliamentary Service) . . . . . . . . . . . . . 10
11 Replacement of s.25 (Delegation by The Clerk of the Parliament
as chief executive of Parliamentary Service) . . . . . . . . . . . . . . . . . . . . . . . . 11
25 Office of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
25A Appointment of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
25B Functions of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
25C Acting chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25D Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s.27 (Bases of employment of officers in
Parliamentary Service) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Amendment of s.29 (Salaries and conditions of employment) . . . . . . . . . . 12
14 Amendment of s.37 (Retirement from Parliamentary Service) . . . . . . . . . . 13
15 Replacement of s.49 (Officers of and employees in Parliamentary
Service are employees in industrial law) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
49 Parliamentary Service officers and employees are
employees in industrial law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s.50 (Behaviour in Parliamentary precinct at
discretion of Parliamentary Service Commission) . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s.55 (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Replacement of "Clerk" with "chief executive" generally . . . . . . . . . . . . . 14
19 Replacement of s.56 (Amendment of Acts) . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 7--TRANSITIONAL
56 Preservation of Clerk's appointment . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Omission of Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1992
A BILL
FOR
An Act to amend the Financial Administration and Audit Act 1977, the
Parliamentary Members' Salaries Act 1988 and the Parliamentary
Service Act 1988
4
Parliamentary Legislation Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Parliamentary Legislation 6
Clause1.
Amendment Act 1992. 7
8
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 9
PART 2--AMENDMENT OF FINANCIAL 10
ADMINISTRATION AND AUDIT ACT 1977 11
of s.35 (Accountable officers) 12
Amendment
Section 35(3)-- 13
Clause3.(1)
omit, insert-- 14
`(3) The chief executive of the Parliamentary Service is the accountable 15
officer for accounts relating to the Legislative Assembly, the Clerk of the 16
Parliament, the Parliamentary Service Commission and the Parliamentary 17
Service.'. 18
(2) Section 35(5)(a)-- 19
omit, insert-- 20
`(a) the financial administration of the appropriations relating to the 21
Legislative Assembly, the Clerk of the Parliament, the 22
Parliamentary Service Commission and the Parliamentary 23
Service; and'. 24
5
Parliamentary Legislation Amendment
PART 3--AMENDMENT OF PARLIAMENTARY 1
MEMBERS' SALARIES ACT 1988 2
of Part 5 (Amendment of Parliamentary Contributory 3
Replacement
Superannuation Act) 4
Part 5-- 5
Clause4.
omit, insert-- 6
`PART 5--ALLOWANCES 7
of allowances 8
`Meaning
`16. In this Part-- 9
"allowances" includes benefits of whatever description, whether in the 10
form of amounts, equipment, accommodation, services or otherwise. 11
of Governor in Council to determine allowances 12
`Power
`17.(1) The Governor in Council may determine-- 13
(a) the allowances which a member or former member of the 14
Legislative Assembly is to receive; and 15
(b) the procedure for authorisation and payment or provision of the 16
allowances. 17
`(2) Without limiting subsection (1), the Governor in Council may-- 18
(a) determine matters relating to forfeiture of allowances as well as 19
matters relating to provision of allowances; and 20
(b) provide for allowances in respect of persons other than a member 21
or former member, for example, a spouse travelling with a 22
member or former member; and 23
(c) provide for review of decisions made in relation to allowances.'. 24
6
Parliamentary Legislation Amendment
PART 4--AMENDMENT OF PARLIAMENTARY 1
SERVICE ACT 1988 2
of s.4 (Interpretation) 3
Amendment
Section 4-- 4
Clause5.
insert-- 5
` "chief executive" means the chief executive of the Parliamentary Service, 6
and includes an officer of the Parliamentary Service who performs the 7
duties of the chief executive;'. 8
of s.7 (Functions of Parliamentary Service Commission) 9
Amendment
Clause6. Section 7(1)(d) and (e)-- 10
omit, insert-- 11
`(d) to supervise the management and delivery of the services to be 12
performed by the Parliamentary Service; and 13
(e) to be the employing authority for officers of and employees in the 14
Parliamentary Service, determining their remuneration and other 15
terms and conditions of employment; and 16
(f) to provide the Clerk with staff and administrative support services 17
necessary to enable the Clerk to effectively and efficiently 18
perform the Clerk's functions of office.'. 19
of s.9 (The Clerk of the Parliament to constitute 20
Replacement
Parliamentary Service Commission in interim) 21
Section 9-- 22
Clause7.
omit, insert-- 23
of Commission in interim 24
`Constitution
`9.(1) On the members of the Parliamentary Service Commission 25
vacating office as provided by section 8(3) and (4), the Commission is 26
constituted by the chief executive until the Legislative Assembly resolves to 27
appoint members of the Legislative Assembly to the Commission. 28
7
Parliamentary Legislation Amendment
`(2) The chief executive then ceases to constitute the Commission. 1
`(3) The Commission as constituted by the chief executive must not 2
make any determination that conflicts with the policy determinations of the 3
Commission that were in force immediately before the Commission was 4
constituted by the chief executive.'. 5
of Part 3 (The Clerk of the Parliament) 6
Replacement
Part 3-- 7
Clause8.
omit, insert-- 8
`PART 3--CLERK OF THE PARLIAMENT 9
of Clerk of the Parliament 10
`Office
`18. There is to be a Clerk of the Parliament. 11
of the Clerk 12
`Appointment
`19.(1) The Clerk is to be appointed by the Governor in Council by 13
commission. 14
`(2) Before a person is selected for appointment as Clerk, the Speaker 15
must cause press advertisements to be placed nationally calling for 16
applications from suitably qualified persons to be considered for 17
appointment. 18
`(3) A person may be appointed as the Clerk only if-- 19
(a) the advertisements mentioned in subsection (2) have been placed; 20
and 21
(b) the Minister has consulted with the Speaker about the 22
appointment of the person as the Clerk. 23
functions of office 24
`Clerk's
`20. The functions of the Clerk are-- 25
(a) to note the proceedings of the Legislative Assembly; and 26
8
Parliamentary Legislation Amendment
(b) to perform the functions and exercise the powers conferred on the 1
Clerk by any Act or by the standing rules and orders, customs 2
and practices of the Legislative Assembly; and 3
(c) to advise on the functions, powers and procedures of the 4
Legislative Assembly. 5
responsible to Speaker 6
`Clerk
`21. The Clerk is directly responsible to the Speaker for the performance 7
of the Clerk's functions of office. 8
terms and conditions of employment 9
`Clerk's
`22.(1) Subject to this Act, the Clerk is to be appointed on terms 10
determined by the Governor in Council. 11
`(2) The terms must not prejudice the performance of the Clerk's 12
functions of office. 13
`(3) The Clerk is to be appointed for an indefinite tenure. 14
`(4) Despite any other provision of this Act, the Clerk is taken to be-- 15
(a) an officer of the Parliamentary Service for the purpose of sections 16
30 and 31 and the Superannuation (State Public Sector) Act 1990; 17
and 18
(b) an employee of the Commission for the purpose of the Industrial 19
Relations Act 1990. 20
resignation 21
`Clerk's
`22A. The Clerk may resign by signed notice given to-- 22
(a) the Speaker; or 23
(b) if there is no Speaker or the Speaker is absent from 24
Queensland-- the Governor. 25
9
Parliamentary Legislation Amendment
removal or suspension 1
`Clerk's
`22B.(1) In this section-- 2
"misconduct" means-- 3
(a) disgraceful or improper conduct that shows unfitness to be or 4
continue as Clerk; or 5
(b) behaviour that does not satisfy a standard of behaviour generally 6
expected of a person who holds the office of Clerk. 7
(2) If the Clerk-- 8
(a) becomes bankrupt, applies to take the benefit of any law for the 9
relief of bankrupt or insolvent debtors, compounds with creditors 10
or makes an assignment of remuneration for their benefit; or 11
(b) suffers physical or mental incapacity that prevents the Clerk from 12
performing the duties of office; or 13
(c) engages in misconduct; 14
the Clerk may be-- 15
(d) removed or suspended from office by the Governor on an 16
address from the Legislative Assembly; or 17
(e) if the Legislative Assembly is not in session--suspended from 18
office by the Governor. 19
`(3) If the Governor suspends the Clerk under subsection (2)(e), the 20
suspension must not continue longer than 2 months after the beginning of 21
the next session of the Legislative Assembly. 22
of Clerk's functions in Clerk's absence 23
`Performance
`22C. During any period-- 24
(a) when there is a vacancy in the office of Clerk; or 25
(b) when the Clerk is absent from duty; 26
the Clerk's functions are to be performed and powers exercised by the most 27
senior available officer of the Parliamentary Service who is required to sit at 28
the Table. 29
10
Parliamentary Legislation Amendment
of Clerk and chief executive 1
`Relationship
`22D.(1) Subject to subsection (3), the Clerk is not subject to the 2
directions of the chief executive in the performance of a function or exercise 3
of a power as the Clerk. 4
`(2) An officer of, or employee in, the Parliamentary Service who is 5
assisting the Clerk in the performance of the Clerk's functions is, in that 6
capacity, subject to the directions of the Clerk. 7
`(3) The Clerk is subject to the directions of the chief executive given in 8
the performance by the chief executive of a function conferred on 9
accountable officers under the Financial Administration and Audit Act 10
1977.'. 11
of s.23 (Parliamentary Service) 12
Amendment
Section 23(3)-- 13
Clause9.
omit, insert-- 14
`(3) The Parliamentary Service consists of-- 15
(a) the chief executive; and 16
(b) officers of the Legislative Assembly required to sit at the Table of 17
the Legislative Assembly, other than the Clerk; and 18
(c) the Parliamentary Librarian; and 19
(d) the Chief Reporter of the Legislative Assembly; and 20
(e) other officers of, and employees in, the Parliamentary Service.'. 21
of s.24 (Functions of Parliamentary Service) 22
Amendment
Section 24(1)-- 23
Clause10.
omit `and to members and committees thereof', 24
insert `, to its members and committees and the Clerk'. 25
11
Parliamentary Legislation Amendment
of s.25 (Delegation by The Clerk of the Parliament as 1
Replacement
chief executive of Parliamentary Service) 2
Section 25-- 3
Clause11.
omit, insert-- 4
of chief executive 5
`Office
`25. There is to be a chief executive of the Parliamentary Service. 6
of chief executive 7
`Appointment
`25A.(1) The chief executive is to be appointed by the Governor in 8
Council. 9
`(2) The appointment is to be for a period of not more than 5 years. 10
`(3) Before a person is selected for appointment as chief executive, the 11
Commission must cause press advertisements to be placed nationally 12
calling for applications from suitably qualified persons to be considered for 13
appointment. 14
`(4) A person may be appointed as the chief executive only if-- 15
(a) the advertisements mentioned in subsection (3) have been placed; 16
and 17
(b) the Minister has consulted with the Commission about the 18
appointment of the person as the chief executive. 19
`(5) The terms of the chief executive's appointment-- 20
(a) are to be as determined by the Commission and accepted by the 21
chief executive; and 22
(b) are to be governed by a contract made between the chief executive 23
and attested on behalf of the Commission by the Chairperson; 24
and 25
(c) are not subject to any industrial award or industrial agreement or 26
any determination or rule of an industrial tribunal. 27
of chief executive 28
`Functions
`25B.(1) The functions of the chief executive are-- 29
12
Parliamentary Legislation Amendment
(a) to be responsible for the efficient and economical management of 1
the Parliamentary Service; and 2
(b) to make recommendations to the Commission in relation to its 3
functions; and 4
(c) to implement the policies and decisions of the Commission 5
requiring action by the Parliamentary Service. 6
`(2) The chief executive is subject to the directions of the Commission. 7
chief executive 8
`Acting
`25C. The Commission may appoint an officer of the Parliamentary 9
Service to act in the office of chief executive-- 10
(a) during a vacancy in the office; or 11
(b) during any period, or all periods, when the chief executive is 12
absent from duty or Australia or is, for another reason, unable to 13
perform the functions of office. 14
by chief executive 15
`Delegation
`25D. The chief executive may delegate the powers of chief executive to 16
an officer of, or employee in, the Parliamentary Service.'. 17
of s.27 (Bases of employment of officers in Parliamentary 18
Amendment
Service) 19
Section 27(3)-- 20
Clause12.
omit `, other than that of the Clerk,'. 21
of s.29 (Salaries and conditions of employment) 22
Amendment
Section 29(1)-- 23
Clause13.
omit `Clerk,'. 24
13
Parliamentary Legislation Amendment
of s.37 (Retirement from Parliamentary Service) 1
Amendment
Section 37(1)-- 2
Clause14.
omit, insert-- 3
`(1) An officer of, or an employee in, the Parliamentary Service may 4
elect to retire from the Parliamentary Service on or at any time after turning 5
55.'. 6
of s.49 (Officers of and employees in Parliamentary 7
Replacement
Service are employees in industrial law) 8
Section 49-- 9
Clause15.
omit, insert-- 10
Service officers and employees are employees in 11
`Parliamentary
industrial law 12
`49. The Industrial Relations Act 1990-- 13
(a) applies to an officer of, or employee in, the Parliamentary Service 14
who is in receipt of salary (otherwise than on a contract basis) or 15
wages as an employee within the meaning of the Act; and 16
(b) applies to the Commission as the employer, within the meaning 17
of the Act, of an officer of, or employee in, the Parliamentary 18
Service.'. 19
of s.50 (Behaviour in Parliamentary precinct at 20
Amendment
discretion of Parliamentary Service Commission) 21
Section 50(2)-- 22
Clause16.(1)
renumber paragraphs (a) and (b) as subsections (2) and (2A) 23
respectively. 24
(2) Section 50(2)(c)-- 25
omit, insert-- 26
`(2B) A by-law is subordinate legislation.'. 27
14
Parliamentary Legislation Amendment
of s.55 (Rules) 1
Amendment
Section 55(4)-- 2
Clause17.
omit, insert-- 3
`(4) A rule is subordinate legislation.'. 4
of "Clerk" with "chief executive" generally 5
Replacement
Clause18. Sections 7(2), 11, 13, 26(2), 28(4)(a), 34(1) and (2), 35(1), 37(2), 6
38, 40(1), (2) and (3), 41(2) and (3), 42(3), 43(6), 50(8)(b) and (c), 51(1) 7
and (2), 52-- 8
omit `Clerk' (wherever occurring), 9
insert `chief executive'. 10
of s.56 (Amendment of Acts) 11
Replacement
Section 56-- 12
Clause19.
omit, insert-- 13
`PART 7--TRANSITIONAL 14
of Clerk's appointment 15
`Preservation
`56. The person holding office as Clerk immediately before the 16
commencement of this section is taken, on the commencement-- 17
(a) to have been appointed as Clerk; and 18
(b) subject to this Act, to have been appointed as Clerk on the same 19
terms as before.'. 20
of Schedule 21
Omission
Clause20. The Schedule-- 22
omit. 23
24
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Parliamentary Legislation Amendment
© State of Queensland 1992
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