PUBLIC ADMINISTRATION ACT 2004 - SCHEDULE 1
PUBLIC ADMINISTRATION ACT 2004 - SCHEDULE 1
Schedule 1—Privileges of former members of Parliament and unsuccessful Parliamentary candidates
1 Definitions
In this Schedule—
"Parliament" means—
(a) the Parliament of Victoria; or
(b) the Parliament of the Commonwealth of Australia;
Sch. 1 cl. 1 def. of police force repealed by No. 37/2014 s. 10(Sch. item 135.8).
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Sch. 1 cl. 1 def. of
public service amended by Nos 23/2006
s. 247, 26/2014 s. 455(Sch. item 24.2).
"public service" includes as well as employees in the public service—
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(b) any employee within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 ;
(c) any officer within the meaning of the State Superannuation Act 1988 not otherwise included within the definitions of public service or teaching service ;
Sch. 1 cl. 1 def. of teaching service amended by Nos 28/2007 s. 3(Sch. item 55), 58/2007 s. 54(3).
"teaching service" includes, as well as officers and employees in the teaching service, any person who is certified by the Secretary to the Department of Education and Early Childhood Development to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund.
2 Privileges of former members of Parliament
Sch. 1 cl. 2(1) amended by No. 37/2014 s. 10(Sch. item 135.9(a)).
(1) A member of the public service or the teaching service, or a police officer, who—
(a) was before the commencement of section 10 of the Parliamentary Superannuation Legislation (Reform) Act 2004 elected a member of Parliament; and
Sch. 1 cl. 2(1)(b) amended by No. 5/2019 s. 81(4).
(b) ceases to be a member of Parliament at any time after the commencement of this Schedule without being entitled to a pension under the Parliamentary Salaries, Allowances and Superannuation Act 1968 or the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth or any similar Act—
is entitled, on application in writing to the proper authority within 3 months after so ceasing to be a member of Parliament, to reinstatement in the public service, the teaching service or Victoria Police (as the case requires) subject to the provisions in relation to classification, superannuation, sick leave and long service leave specified in subclause (3).
Sch. 1 cl. 2(2) amended by No. 37/2014 s. 10(Sch. item 135.9(b)).
(2) A member of the public service or the teaching service, or a police officer who—
(a) is on or after the commencement of section 10 of the Parliamentary Superannuation Legislation (Reform) Act 2004 elected a member of Parliament; and
Sch. 1 cl. 2(2)(b) amended by No. 5/2019 s. 81(4).
(b) ceases to be a member of Parliament within 5 years of that commencement without being entitled to a pension under the Parliamentary Salaries, Allowances and Superannuation Act 1968 or the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth or any similar Act—
is entitled, on application in writing to the proper authority within 3 months after so ceasing to be a member of Parliament, to reinstatement in the public service, the teaching service or Victoria Police subject to the provisions in relation to classification, superannuation, sick leave and long service leave specified in subclause (3).
(3) The provisions are—
Sch. 1 cl. 2(3)(a) substituted by No. 37/2014 s. 10(Sch. item 135.9(c)(i)).
(a) he or she must be re-employed in the public service or the teaching service, or re-instated in Victoria Police, in a classification, grade or office not inferior to that which he or she held when he or she ceased to be in the public service, teaching service or Victoria Police by reason of his or her election as a member of Parliament;
(b) if immediately before he or she so ceased to be employed in the public service or the teaching service, he or she was a contributor under the State Superannuation Act 1988 , he or she becomes a contributor under that Act if, on being re-employed in the public service or the teaching service, he or she pays into the State Superannuation Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the State Superannuation Act 1988 if he or she had remained in the public service or the teaching service during the period from so ceasing to be employed until re‑employment in that service—
and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the State Superannuation Act 1988 as if he or she had continued to be a contributor under that Act during that period;
Sch. 1 cl. 2(3)(c) repealed by No. 37/2014 s. 10(Sch. item 135.9(c)(ii)).
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(d) if immediately before he or she so ceased to be employed in the public service or the teaching service, he or she was a contributor under the State Employees Retirement Benefits Act 1979 , he or she becomes a contributor under that Act if, on being re‑employed in the public service or the teaching service, he or she pays into the State Superannuation Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the State Employees Retirement Benefits Act 1979 if he or she had remained in the public service or the teaching service during the period from so ceasing to be employed until re-employment in that service—
and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the State Employees Retirement Benefits Act 1979 as if he or she had continued to be a contributor under that Act during that period;
(e) if immediately before he or she so ceased to be employed in the public service he or she was a contributor under the Emergency Services Superannuation Act 1986 , he or she becomes a contributor under that Act if, on being re-employed in the public service, he or she pays into the Scheme under that Act an amount equal to—
(i) the sum paid to him or her out of that Scheme when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the Emergency Services Superannuation Act 1986 if he or she had remained in the public service during the period from so ceasing to be employed until re‑employment in the public service—
and on payment of that amount into the Fund he or she is to be treated for the purposes of the Emergency Services Superannuation Act 1986 as if he or she had continued to be a contributor under that Act during that period;
(f) if immediately before he or she so ceased to be employed in the public service, he or she was a member under the Transport Superannuation Act 1988 , he or she becomes a member under that Act if, on being re-employed in the public service, he or she pays into the State Superannuation Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the Transport Superannuation Act 1988 if he or she had remained in the public service during the period from so ceasing to be employed until re‑employment in the public service—
and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the Transport Superannuation Act 1988 as if he or she had continued to be a member under that Act during that period;
Sch. 1 cl. 2(3)(g) substituted by No. 37/2014 s. 10(Sch. item 135.9(c)(iii)).
(g) on re-employment in the public service or teaching service, or re‑instatement in Victoria Police, he or she is to be credited with the amount of sick leave or personal leave to which he or she was entitled on so ceasing to be in the public service, teaching service or Victoria Police;
Sch. 1 cl. 2(3)(h) substituted by No. 37/2014 s. 10(Sch. item 135.9(c)(iii)).
(h) on re-employment in the public service or teaching service, or re‑instatement in Victoria Police, a period from his or her ceasing to be in the public service, teaching service or Victoria Police until re‑employment in the public service or the teaching service, or re-instatement in Victoria Police—
(i) is to be regarded for the purposes of any long service leave as continuous with service in the public service, teaching service or Victoria Police;
(ii) is not in the computation of the period of long service leave to be counted as service with the public service, teaching service or Victoria Police.
(4) The provisions of this clause apply to and in relation to any person who—
(a) before 24 March 1982 was a member of the teaching service within the meaning of section 3 of the Teaching Service Act 1958 ; or
(b) before the commencement of section 19 of the Teaching Service Act 1983 —
(i) was a member of the education service under the Education Service Act 1981 ; or
(ii) was certified by the Secretary to the Department of Education to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund—
as if that person was a member of the teaching service as defined in clause 1.
(5) For the purposes of this clause, if after the commencement of section 9 of the Constitution (Parliamentary Reform) Act 2003 , a person becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Legislative Council the person is taken to be elected a member of Parliament on the day that the person is chosen to fill the casual vacancy.
3 Return to employment of certain unsuccessful candidates
Sch. 1 cl. 3(1) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 33.3), substituted by No. 37/2014 s. 10(Sch. item 135.10).
(1) If the Governor in Council is satisfied that any person employed in the public service or teaching service, or appointed as a police officer, has (whether before or after the commencement of this Schedule)—
(a) resigned from the public service, teaching service or Victoria Police in order to contest any Commonwealth election from the Senate or the House of Representatives; and
(b) contested that election; and
(c) failed to be elected at that election—
the Governor in Council, despite anything in this Act, the Education and Training Reform Act 2006 or the Victoria Police Act 2013 , may, within two months after the declaration of the poll at that election, by Order published in the Government Gazette, re‑employ or re-instate that person to the public service, the teaching service or Victoria Police (as the case requires) at the same classification as he or she had immediately before his or her resignation.
(2) If immediately before his or her resignation a person referred to in subclause (1) was an officer within the meaning of the State Superannuation Act 1988 , he or she must be taken not to have ceased by reason of his or her resignation to be such an officer.
(3) If immediately before his or her resignation a person referred to in subclause (1) was a person in respect of whom rateable deductions were being made under the Police Regulation Act 1958 , he or she must be deemed not to have ceased by reason of his or her resignation to be such a person.
(4) In subclause (1) a reference to the teaching
service (where first occurring) includes a reference to the education service
under the Education Service Act 1981 .
Sch. 1A inserted by No. 83/2008 s. 19.