Parliamentary Service Act 1988

An Act to establish a parliamentary service and for other purposes

Long title amd 1995 No. 38s 35sch 1

1Short title

This Act may be cited as the Parliamentary Service Act 1988.

4Definitions

In this Act—

appointed day means the day appointed by proclamation for the commencement of the provisions of this Act other than sections 1 and 2.

Editor’s note —

The appointed day is 19 November 1988 (proc pubd gaz 17 November 1988 p 1227).

Chairman ...

s 4 def Chairman om 1995 No. 38s 35sch 1

CLA ...

s 4 def CLA ins 2011 No. 24s 39

om 2015 No. 3s 5

Clerk means the Clerk of the Parliament.

s 4 def Clerk sub 1995 No. 38s 35sch 1

employee, in relation to the parliamentary service, means a person employed therein whether on the permanent staff (including a person employed on probation) or temporarily or as a wage worker but does not include an officer of the parliamentary service.

s 4 def employee amd 2002 No. 31s 3(1)

function includes power.

s 4 def function ins 2011 No. 24s 39

industrial agreement ...

s 4 def industrial agreement sub 1995 No. 38s 35sch 1

amd 1999 No. 33s 747sch 3

om 2016 No. 63 s 1157 sch 6

industrial award ...

s 4 def industrial award sub 1995 No. 38s 35sch 1

amd 1999 No. 33s 747sch 3

om 2016 No. 63 s 1157 sch 6

industrial instrument see the Industrial Relations Act 2016, schedule 5.

s 4 def industrial instrument ins 2016 No. 63 s 1157 sch 6

Leader of the House ...

s 4 def Leader of the House om 28 November 1995 RA s 5(d)

Minister ...

s 4 def Minister om 1995 No. 38s 35sch 1

misconduct means—

(a)disgraceful or improper conduct that shows unfitness to be or continue as an officer of or employee in the parliamentary service; or

(b)behaviour that does not satisfy a standard of behaviour generally expected of officers of or employees in the parliamentary service.

s 4 def misconduct amd 2002 No. 31s 3(2)

office means a position within the parliamentary service ordinarily held by an officer.

Office of the Speaker ...

s 4 def Office of the Speaker ins 2011 No. 24s 39

om 2015 No. 3s 5

officer, in relation to the parliamentary service, means a person appointed pursuant to section 27 to an office, but does not include a person employed on probation.

parliamentary precinct means—

(a)all land and improvements within the land reserved for House of Parliament in the county of Stanley, parish of North Brisbane, city of Brisbane described as lot 414 on plan SL8740, lot 437 on plan SL8601 and lot 704 on plan SL12303 registered in the department in which the Land Act 1994 is administered; or

(b)any land or premises declared by the Governor in Council by gazette notice to be part of the parliamentary precinct for a stated period;

but does not include the Legislative Assembly chamber, or the galleries of the House, whilst the Legislative Assembly is in session.

s 4 def parliamentary precinct amd 1995 No. 38s 35sch 1; 2002 No. 31s 3(3)–(4)

parliamentary service means the parliamentary service established by section 23.

Parliamentary Service Commission or Commission ...

s 4 def Parliamentary Service Commission or Commission om 1995 No. 38s 35sch 1

termination, in relation to a contract of employment of an officer, includes a failure to renew the contract or to make a fresh contract.

s 4 amd 1995 No. 38s 35sch 1

pt 2 hdg sub 1995 No. 38s 35sch 1

amd 2011 No. 24s 41

sub 2015 No. 3s 7

5Administration under Speaker’s control

The Speaker has the control of—

(a)accommodation and services in the parliamentary precinct; and

(b)accommodation and services supplied elsewhere by the Legislative Assembly for its members.

s 5 sub 1995 No. 38s 35sch 1

amd 2011 No. 24s 42

sub 2015 No. 3s 7

6Speaker’s role for parliamentary service

The general role of the Speaker in relation to the parliamentary service is to—

(a)decide major policies to guide the operation and management of the parliamentary service; and

(b)prepare budgets; and

(c)decide the size and organisation of the parliamentary service and the services to be supplied by the parliamentary service; and

(d)supervise the management and delivery of services by the parliamentary service.

s 6 sub 1995 No. 38s 35sch 1

amd 2011 No. 24s 43

sub 2015 No. 3s 7

7Speaker’s powers for administrative functions

(1)This section declares the powers and legal capacity of the Speaker in performing the administrative functions of the Speaker’s office, including the Speaker’s role in relation to the parliamentary service.

(2)The powers include all the powers, and the legal capacity, that an individual has in a private capacity.

(3)The powers may be exercised at any place.

(4)The powers are exercised for the Legislative Assembly.

(5)This section does not limit the Speaker’s powers.

Example—

This part does not affect any power the Speaker has apart from this section to bind the Legislative Assembly by contract.

s 7 sub 1995 No. 38s 35sch 1

amd 2011 No. 24s 44

sub 2015 No. 3s 7

8Delegation by Speaker

The Speaker may delegate the Speaker’s functions under this Act to the Deputy Speaker, the Clerk or a parliamentary service officer or employee.

s 8 sub 1995 No. 38s 35sch 1; 1995 No. 51s 4 sch

amd 2011 No. 24s 45; 2013 No. 32s 91

sub 2015 No. 3s 7

9Advisory committee to Speaker

(1)The Speaker may establish a committee of members of the Legislative Assembly (the advisory committee) to advise the Speaker on issues arising under this Act referred to it by the Speaker.

(2)The advisory committee consists of the members appointed by the Speaker.

(3)This section is subject to the standing rules and orders.

s 9 prev s 9 sub 1995 No. 38s 35sch 1

om 2011 No. 24s 46

pres s 9 ins 2015 No. 3s 7

10Speaker’s annual report

As soon as possible after the end of each financial year, the Speaker must prepare, and table in the Legislative Assembly, a report on this Act’s operation during the year.

s 10 sub 1995 No. 38s 35sch 1

amd 2011 No. 24s 47

sub 2015 No. 3s 7

18The Clerk of the Parliament

(1)There shall from time to time be appointed an officer of the Legislative Assembly to be known as the Clerk of the Parliament.

(2)The Clerk shall be appointed by the Governor by commission on the recommendation of the Minister after consultation with the Speaker.

s 18 amd 1994 No. 29s 3 sch; 1995 No. 38s 35sch 1; 2011 No. 24s 48; 2015 No. 3s 8

19Functions of the Clerk of the Parliament other than as chief executive of parliamentary service

The Clerk of the Parliament shall be responsible for—

(a)the noting of all proceedings of the Legislative Assembly;

(b)the carrying out of such duties and the exercising of such powers as may be conferred on the Clerk by law or by the standing rules and orders, customs and practices of the Legislative Assembly.

20Functions of the Clerk of the Parliament as chief executive of parliamentary service

(1)Subject to this Act, to the control and direction of the Speaker and to policies (if any) from time to time determined by the Speaker, the Clerk, as the chief executive of the parliamentary service, shall be responsible to the Speaker for the efficient and economical management of the parliamentary service.

(2)The Clerk may make recommendations to the Speaker with respect to any matter for consideration by the Speaker and shall take such steps as are necessary to implement those policies and decisions of the Speaker that require action to be taken by the parliamentary service.

(3)The Clerk is to be the employing authority, for the Legislative Assembly, of parliamentary service officers and employees.

s 20 amd 1995 No. 38s 35sch 1; 2011 No. 24s 49; 2015 No. 3s 9

21Tenure of office of the Clerk of the Parliament

(1)Subject to subsections (2) to (4), the Clerk of the Parliament shall hold office during good behaviour.

(2)The Clerk may at any time resign by writing addressed to the Speaker or to the Governor if there is no Speaker or if the Speaker is absent from Queensland.

(3)The Clerk may at any time be removed or suspended from office by the Governor upon an address from the Legislative Assembly for disability, bankruptcy or misconduct.

(4)At any time when the Legislative Assembly is not in session, the Clerk may be suspended from office by the Governor for disability, bankruptcy or misconduct proved to the satisfaction of the Governor, but the suspension shall not continue in force beyond 2 months after the beginning of the next ensuing session of the Legislative Assembly.

s 21 amd 1995 No. 38s 35sch 1

22Performance of functions of the Clerk of the Parliament in the Clerk’s absence

(1)On the occurrence from any cause of a vacancy in the office of the Clerk (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Clerk (from whatever cause arising), and so long as that vacancy or absence continues—

(a)the functions of the Clerk at the table of the Legislative Assembly shall be performed and exercised by the next most senior of the officers required to sit at the table who is present;

(b)a function of the Clerk as the chief executive of the parliamentary service shall be exercised and performed—

(i)if the Clerk is temporarily absent—by a parliamentary service officer or employee to whom the function has been delegated under section 25; or

(ii)otherwise—by an officer appointed for the time being by the Speaker.

(2)The fact that a person exercises a function of the Clerk shall, in the absence of proof to the contrary, be conclusive evidence of the authority of the person to do so.

s 22 amd 1995 No. 38s 35sch 1; 2011 No. 24s 51; 2015 No. 3s 11

23Parliamentary service

(1)There is hereby established a parliamentary service.

(2)The parliamentary service is not an instrument of the Executive Government.

(3)The parliamentary service shall consist of—

(a)officers of the Legislative Assembly being—

(i)the Clerk who shall be the chief executive of the parliamentary service; and

(ii)other officers required to sit at the table of the House; and

(iii)the parliamentary librarian; and

(iv)the chief reporter; and

(b)other officers of and employees in the parliamentary service.

24Functions of parliamentary service

(1)The functions of the parliamentary service are to provide administrative and support services to the Legislative Assembly and to members and committees thereof which may include—

(a)the provision of sufficient clerical staff, attendants and other staff to enable the Legislative Assembly and committees thereof to operate efficiently; and

(b)the provision of advice on parliamentary procedures and the functions of Parliament generally; and

(c)an accurate and efficient reporting of proceedings of the Legislative Assembly and of meetings of committees thereof as required; and

(d)the provision of adequate library and research facilities and services for members of the Legislative Assembly; and

(e)the provision of dining facilities; and

(f)the care of the parliamentary gardens and grounds; and

(g)the provision of ceremonial and security services; and

(h)the maintenance of parliamentary buildings.

(2)The parliamentary service shall have such other functions as are conferred or imposed upon it by or under this Act or any other enactment or as are determined by the Speaker from time to time.

s 24 amd 1995 No. 38s 35sch 1; 2011 No. 24s 52; 2015 No. 3s 12

25Delegation by Clerk as chief executive of parliamentary service

The Clerk may delegate the Clerk’s functions as chief executive of the parliamentary service to a parliamentary service officer or employee.

s 25 amd 1995 No. 38s 35sch 1; 2011 No. 24s 53

26Appointment of parliamentary service officers and employees

(1)The Clerk may appoint appropriately qualified and competent persons as—

(a)officers or officers on probation of the parliamentary service; or

(b)employees in the parliamentary service.

(2)The Speaker may appoint appropriately qualified and competent persons as—

(a)officers or officers on probation of the parliamentary service in the Office of the Speaker; or

(b)employees in the parliamentary service in the Office of the Speaker.

s 26 amd 1995 No. 38s 35sch 1

sub 2011 No. 24s 54

26AAElectorate office staff

(1)On the recommendation of a member, the Clerk may appoint a person under section 26(1) as an officer in the member’s electorate office to help the member to effectively discharge the member’s duties.

(2)In this section—

member means a member of the Legislative Assembly.

officer means an officer or officer on probation of the parliamentary service.

s 26AA ins 2010 No. 36s 52

amd 2011 No. 24s 55

26AOfficers and employees employed under this Act

Officers and employees of the parliamentary service are to be employed under this Act, and not under the Public Service Act 2008.

s 26A ins 1996 No. 37s 147sch 2

amd 2009 No. 25s 83 sch

27Bases of employment of officers in parliamentary service

(1)Appointment to an office within the parliamentary service, including by way of promotion—

(a)shall be made on the basis of full-time employment, if the office is not one or one of a class of office referred to in paragraph (b); or

(b)may be made on the basis of part-time employment, if the office is one or one of a class of office approved by the Clerk to be open to appointment on that basis.

(2)Appointment to an office within the parliamentary service, including by way of promotion, shall be made as follows—

(a)if the office is one declared pursuant to subsection (3)—the appointment shall be made for a limited duration of tenure;

(b)if the office is one not declared pursuant to subsection (3)—the appointment shall be upon a tenure that is not limited by time.

(3)The Speaker may declare any office or class of office, other than that of the Clerk, to be an office or class of office to which appointment shall be made upon a contract basis.

(4)While such a declaration subsists, appointment to the office so declared or to an office of a class so declared shall be made upon a contract basis.

s 27 amd 1995 No. 38s 35sch 1; 2011 No. 24s 56; 2015 No. 3s 13

28Conditions of employment on contract

(1)Where appointment to an office within the parliamentary service is duly made under this Act upon a contract basis, the conditions of employment in that office—

(a)shall be as approved from time to time by the Clerk and accepted by the person who is or is to be the holder of the office; and

(b)is to be governed by the contract of employment between the Clerk and the officer concerned; and

(c)shall not be subject to any industrial instrument or any determination or rule of an industrial tribunal.

(2)Where there has been made to any person an offer of a contract of employment with respect to the person’s employment in an office that under this Act is one to which appointment shall be made upon a contract basis it shall be deemed—

(a)where the offer is made before the person’s appointment to the office—that upon accepting appointment to the office; or

(b)where the offer is made after the person’s appointment to the office—that, upon agreeing to being engaged under a contract of employment in the office;

the person has made with the Clerk a contract of employment upon the conditions approved by the Clerk in relation to the office and conveyed to the person.

(3)If at any time an appointment to an office purporting to have been made under this Act upon a contract basis is not duly so made, the appointment shall be deemed to have been made upon a tenure that is not limited by time and upon conditions of employment provided for by any relevant industrial instrument and the appointee shall hold the office accordingly.

(4)Where the contract of employment made or deemed to have been made with the Clerk by an officer of the parliamentary service who holds an office upon a contract basis is terminated otherwise than by way of disciplinary action pursuant to this Act the officer is entitled to elect to continue to be employed as an officer, though not upon a contract basis, at a level of salary determined by the Clerk but not less than the level of salary at which the officer was employed at the time immediately before the officer first accepted employment upon a contract basis, adjusted to accord with movements in relation to salaries since that time and, if he or she does so elect, the officer shall renounce all entitlements secured to the officer by the contract of employment in the event of its termination in the circumstances in which the termination has occurred.

(5)Every such election—

(a)shall be made in writing signed by the officer and given to the Clerk no later than 14 days after notice of termination of the contract has been given to the officer; and

(b)upon being duly made, shall have the effect that the elector’s services as an officer shall be deemed not to have been terminated by the termination of the contract of employment but to have continued in accordance with the terms of election prescribed by subsection (4).

(6)Subsections (4) and (5) apply only in relation to—

(a)an office of a prescribed class; and

(b)an officer who at the time the officer was first appointed to an office upon a contract basis held an office within the parliamentary service upon a tenure unlimited by time, and whose service in the lastmentioned office and in any office or offices subsequently held by the officer until the termination of the contract in question has been continuous.

s 28 amd 1995 No. 38s 35sch 1; 2011 No. 24s 57; 2016 No. 63 s 1157 sch 6

29Salaries and conditions of employment

(1)The Clerk, officers of and employees in the parliamentary service shall be paid such remuneration and allowances and shall be employed on such terms and conditions of service as may from time to time subject to any applicable industrial instrument be decided—

(a)for the Clerk—by the Speaker; or

(b)for parliamentary service officers and employees—by the Clerk.

(2)The Speaker must ensure the remuneration, conditions of employment and other benefits given to the Clerk are comparable to those of State officers and employees who have similar duties.

(3)The Clerk must ensure the remuneration, conditions of employment and other benefits given to parliamentary service officers and employees are comparable to those of State officers and employees who have similar duties.

(4)Officers of and employees in the parliamentary service are not officers of the public service.

s 29 amd 1995 No. 38s 35sch 1; 2002 No. 31s 4; 2011 No. 24s 58; 2015 No. 3s 14; 2016 No. 63 s 1157 sch 6

30Superannuation

(2)Where a person—

(a)immediately prior to the appointed day is an officer within the meaning of a superannuation Act; and

(b)under the transitional provision is deemed to be appointed or seconded to perform the duties of an officer of or employee in the parliamentary service;

for as long as the person continues to perform full-time the duties of an officer of or employee in the parliamentary service (whether as an officer of the public service or as an officer of or employee in the parliamentary service) in a permanent capacity—

(c)all entitlements (if any) which at the appointed day have accrued or are accruing in respect of the person under that Act shall be retained; and

(d)the person shall be deemed to continue to be an officer within the meaning of that Act and the provisions of that Act shall apply accordingly.

(3)In subsection (2)—

superannuation Act means—

(a)the Public Service Superannuation Act 1958;

(b)the State Service Superannuation Act 1972.

transitional provision means section 46 of this Act as in force immediately before this Act was amended by the Parliamentary Committees Act 1995, section 35.

(4)Nothing in this section shall be construed to prevent the Speaker or any person from participating in any superannuation scheme pursuant to any other Act.

s 30 amd 1995 No. 38s 35sch 1; 2000 No. 52s 48 sch; 2002 No. 31s 5

31Contributions by Clerk

(1)The Clerk must pay the amounts that, under the Superannuation (State Public Sector) Act 1990, are payable by a unit of the State public sector for the officers and employees in the parliamentary service.

(2)Contributions required by law to be paid by the Clerk in respect of any superannuation scheme shall be paid by the Clerk.

s 31 amd 1995 No. 38s 35sch 1; 2000 No. 52s 48 sch; 2011 No. 24s 59

32Vacancies to be advertised

(1)A person shall not be appointed to fill a vacancy in an office within the parliamentary service unless the vacancy has been notified in the gazette.

(2)Subsection (1) does not apply if the office in which the vacancy exists—

(a)is of a temporary nature; or

(b)is an office of a class of office prescribed by rules made by the Speaker to be a class of office in respect of which a vacancy need not be advertised.

(3)The reclassification of an office creates a vacancy in that office for the purposes of subsection (1).

s 32 amd 1995 No. 38s 35sch 1; 2011 No. 24s 60; 2015 No. 3s 15

33Publication of appointments

Notification of every appointment of a person as an officer of the parliamentary service shall be published in the gazette.

34Engagement of staff other than officers

(1)The Clerk may engage the services of a person if—

(a)the position in which that person’s services are to be employed is of a kind ordinarily held by a person who is not an officer of the parliamentary service; or

(b)the position being of a kind ordinarily held by an officer of the parliamentary service, the engagement is required to meet temporary circumstances or is upon a basis not permissible for the engagement of such an officer.

(1A)The appointment of a person whose services are engaged under subsection (1) shall be made in writing signed by the Clerk.

(2)An engagement of a person under subsection (1) may be on such basis, for such duration of tenure and on such terms and conditions as are agreed between that person and the Clerk, subject to any applicable industrial instrument.

(3)A person appointed pursuant to this section shall not thereby become an officer of the parliamentary service.

s 34 amd 2016 No. 63 s 1157 sch 6

35Appointment on probation

(1)This section does not apply in relation to an appointment of the Clerk or to an office within the parliamentary service made on a contract basis.

(2)A person who is not already an officer of the parliamentary service and who is appointed to an office shall be so appointed on probation for a period not less than 12 months.

(3)A person who is already an officer of the parliamentary service and who is appointed by way of promotion to an office shall be so appointed on probation for a period not less than 6 months.

(4)Where a person has been appointed on probation in compliance with subsection (2) or (3)—

(a)if immediately before appointment the person was not an officer of the parliamentary service—the Clerk may—

(i)at any time during a period of probation, terminate the employment in the parliamentary service of the person;

(ii)upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or

(b)if immediately before appointment the person was an officer of the parliamentary service—the Clerk may—

(i)at any time during a period of probation, rescind the appointment;

(ii)upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment.

(5)Where an appointment is rescinded pursuant to subsection (4)(b) the services of the officer shall be retained at a salary not less than the level of salary of the person immediately before the person was so appointed, until he or she is appointed to an office in the parliamentary service or is otherwise duly dealt with in accordance with this Act.

(6)If a person who has been appointed on probation in compliance with subsection (2) or (3) is still serving a period of probation upon the expiry of 18 months after the date of appointment on probation, then, if within 1 month after that expiry the appointment has been neither confirmed nor rescinded, the person’s appointment shall be deemed to have been confirmed upon that expiry.

s 35 amd 1995 No. 38s 35sch 1; 2011 No. 24s 61

36Resignation from parliamentary service

(1)An officer of the parliamentary service whose conditions of employment are governed by a contract of employment that provides for resignation and the manner thereof may resign employment in accordance with the contract of employment.

(2)An officer of or employee in the parliamentary service other than one referred to in subsection (1) may at any time resign employment.

37Retirement from parliamentary service

(1)An officer of, or an employee in, the parliamentary service may elect to retire from the parliamentary service on or after turning 55.

(2)If the Clerk suspects on reasonable grounds that a person, being an officer of or employee in the parliamentary service, by reason of mental or physical infirmity has not the capacity or is unfit—

(a)to discharge efficiently his or her duties; and

(b)to discharge efficiently any other duties that the Clerk might reasonably direct the officer or employee to discharge;

the Clerk shall obtain medical opinion on that person’s condition and to that end may appoint any medical practitioner or medical practitioners to examine that person and report to whomsoever the Clerk directs upon that person’s mental or physical condition or both and may direct that person to submit himself or herself to such examination.

(3)If the Clerk believes on reasonable grounds that a person, being an officer of or employee in the parliamentary service by reason of mental or physical infirmity has not the capacity or is unfit as prescribed by subsection (2), the Clerk may call upon that person to retire from the parliamentary service within a time specified by the Clerk.

(4)If a person called upon pursuant to subsection (3) to retire does not retire within the time specified, the Clerk may dismiss the person from the parliamentary service.

s 37 amd 1994 No. 29s 3 sch; 1995 No. 38s 35sch 1; 2011 No. 24s 62

38Mode of resignation or retirement

The resignation or retirement of an officer of or employee in the parliamentary service shall be effected by signed notice given to the Clerk and shall be given and take effect as prescribed by rules from time to time made by the Speaker.

s 38 amd 1995 No. 38s 35sch 1; 2011 No. 24s 63; 2015 No. 3s 16

39Retrenchment

(1)Where the Clerk is satisfied that the services of a person, being an officer of or employee in the parliamentary service, can no longer be gainfully utilised in the position held by the person because the position has become redundant, and the Clerk is satisfied that—

(a)it is not practicable to retrain or redeploy that person; and

(b)the redundancy arrangements approved by the Clerk have been complied with in relation to that person;

the Clerk may terminate the services of that person by way of retrenchment in accordance with those redundancy arrangements.

(2)Redundancy arrangements for the time being approved by the Clerk for the purposes of subsection (1) shall be comparable to the redundancy arrangements for the time being approved—

(a)in the case of officers—by the Governor in Council under the Public Service Act 2008 in relation to officers of the public service who have similar duties and responsibilities;

(b)in the case of employees—by the industrial commission in relation to employees of the Crown who have similar duties and responsibilities.

s 39 amd 1995 No. 38s 35sch 1; 1996 No. 37s 147sch 2; 2009 No. 25s 83 sch; 2011 No. 24s 64

40Discipline

(1)An officer of or employee in the parliamentary service is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the Clerk to exist, namely—

(a)incompetence or inefficiency in the discharge of his or her duties;

(b)negligence, carelessness or indolence in the discharge of his or her duties;

(c)misconduct;

(d)absence from duty except—

(i)upon leave duly granted as prescribed; or

(ii)with reasonable cause;

(e)wilful failure to comply with a lawful direction issued to the officer or employee by any person having authority over him or her;

(f)wilful failure to comply with any provision of a code of conduct approved by the Clerk for officers of and employees in the parliamentary service.

(2)Where action against a person is contemplated on a ground referred to in subsection (1)(d) the Clerk may appoint any medical practitioner or medical practitioners to examine that person and to report to the Clerk or as the Clerk directs upon that person’s mental or physical condition or both, and may direct that person to submit himself or herself to such examination.

(3)If the Clerk is satisfied that a person should be disciplined pursuant to subsection (1), the Clerk may order that the person be disciplined in a manner that appears to the Clerk to be warranted, having regard to any relevant guidelines that may have been issued in relation to the exercise of discipline under this Act.

(4)Without limiting the range of disciplines that may be imposed pursuant to subsection (3), such disciplines may consist of 1 or more of the following—

(a)dismissal;

(c)reprimand;

(d)forfeiture or deferment of a salary increment or increase;

(e)reduction in the person’s level of salary;

(f)a deduction from the person’s salary or wages of an amount not exceeding 2 penalty units.

s 40 amd 1995 No. 38s 35sch 1; 2011 No. 24s 65

41Suspension

(1)Where it appears on reasonable grounds to the Clerk that a parliamentary service officer or employee is liable to disciplinary action under section 40 or is suspected of involvement in circumstances such that the efficient and proper management of parliamentary service might be prejudiced if the officer’s or employee’s services are continued, the officer or employee may be suspended from duty by the Clerk.

(3)A suspension imposed on a person under subsection (1) may be lifted at any time by the Clerk.

(4)A person suspended from duty shall not be entitled to receive salary or wages for any period during which the person does not perform his or her duties, unless the Clerk otherwise determines.

(5)A person suspended from duty who is not entitled to salary or wages for the period of suspension, if the person resumes duty as an officer of or employee in the parliamentary service upon the lifting of the suspension, shall be entitled to receive a sum equivalent to the amount of salary or wages the person would have received had the person not been suspended diminished by the amount of salary, wages or fees (if any) to which he or she became entitled from any source during the period of suspension, unless the Clerk otherwise determines.

s 41 amd 1995 No. 38s 35sch 1; 2011 No. 24s 66

42Mode of dismissal or suspension

(1)Dismissal or suspension of an officer of or employee in the parliamentary service shall be effected in accordance with this Act, any relevant guidelines that may have been issued in relation thereto under this Act and the principles of natural justice.

(2)Dismissal or suspension of an officer or employee must be effected by writing signed by the Clerk and given to the officer or employee.

s 42 amd 1995 No. 38s 35sch 1; 2011 No. 24s 67

43Appeals against promotional appointments and disciplinary action

(1)An appeal on the merits lies to the Speaker in accordance with this section, and not otherwise, in respect of—

(a)all disciplinary action taken pursuant to this Act; and

(b)every appointment to an office that involves the appointee’s promotion except—

(i)an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and

(ii)an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies.

(2)An officer of or employee in the parliamentary service who may exercise the right of appeal is—

(a)in the case of an appeal in respect of disciplinary action—an officer or employee who is aggrieved by the decision that has resulted in disciplinary action against him or her;

(b)in the case of an appeal against an appointment—an officer who satisfies the requirements of the rules made from time to time by the Speaker and published in the gazette in respect of appeals of the class of appeal in question.

(3)An appeal in respect of disciplinary action may relate to the decision that has resulted in the action being taken or to the nature of the punishment or to both.

(4)Jurisdiction is hereby conferred on the Speaker to hear and make determinations with respect to—

(a)all matters relevant to an appeal duly instituted in relation to disciplinary action; and

(b)all matters relevant to an appeal duly instituted in relation to an appointment.

(4A)The institution and conduct of an appeal provided for by this section shall be as prescribed by the rules made from time to time by the Speaker or, in so far as the rules do not so prescribe, as the Speaker determines from time to time, having regard to any guidelines issued pursuant to this Act in relation to the matter and to the principles—

(a)that legal representation shall not be permitted to a party to an appeal; and

(b)that the proceedings upon an appeal shall be informal and simple.

(5)No appeal lies from a finding or determination made by the Speaker upon an appeal to it.

(6)The determinations of the Speaker upon an appeal shall be furnished to the Clerk who shall act upon those determinations.

s 43 amd 1995 No. 38s 35sch 1; 1995 No. 58s 4sch 1; 2011 No. 24s 68; 2015 No. 3s 17

44Reinstatement following dismissal

Where a person dismissed from the parliamentary service is reinstated in a position within the parliamentary service consequent upon an exercise of jurisdiction by the Speaker, the person shall not suffer loss of salary or wages or any other benefits accruing under any Act in respect of being an officer of or employee in the parliamentary service in respect of the period during which the person was not an officer or employee except to the extent that the Speaker directs to the contrary.

s 44 amd 1995 No. 38s 35sch 1; 2011 No. 24s 69; 2015 No. 3s 18

48Service with parliamentary service and public service

(1)If an officer of the public service becomes an officer of the parliamentary service, the officer is entitled to retain all existing and accruing rights as if the service as an officer of the parliamentary service were a continuation of the service as an officer of the public service.

(2)Where a person ceases to be an officer of the parliamentary service and becomes an officer of the public service, the service as an officer of the parliamentary service shall be regarded as service of a like nature in the public service for the purpose of determining the person’s rights as an officer of the public service.

s 48 amd 1995 No. 58s 4sch 1

49Clerk and parliamentary service officers and employees are employees in industrial law

(1)Each parliamentary service officer or employee who receives salary or wages (other than on a contract basis) is an employee and the Clerk is his or her employer within the meaning of the Industrial Relations Act 2016 and that Act applies to them accordingly.

(2)The Clerk is an employee and the Speaker is the Clerk’s employer within the meaning of the Industrial Relations Act 2016 and that Act applies to them accordingly.

s 49 amd 1995 No. 38s 35sch 1; 1999 No. 33s 747sch 3

sub 2011 No. 24s 70

amd 2016 No. 63 s 1157 sch 6

50Behaviour in parliamentary precinct at discretion of Speaker

(1)All persons entering or upon the parliamentary precinct shall comply with the directions of the Speaker as to the behaviour, demeanour and conduct of such persons.

(2)Directions of the Speaker may take the form of by-laws prescribing behaviour and conduct made from time to time by the Speaker.

(2A)The by-laws may prescribe differing penalties for failure to comply with specified directions as to the behaviour, demeanour and conduct of persons entering or upon the parliamentary precinct but such that no prescribed penalty shall exceed 10 penalty units.

(2B)A by-law is subordinate legislation.

(3)Directions in the form of by-laws made pursuant to subsection (2) shall be deemed to have been directed to every person who thereafter enters or is upon the parliamentary precinct.

(4)Directions made under this section may be directed towards a specified person or a person of a specified class or the holder or holders for the time being of a specified office or of specified classes of office.

(5)The Speaker may authorise the Clerk or a parliamentary service officer or employee to give directions (not inconsistent with any directions given by the Speaker) under this section for the Speaker.

(7)Directions given under this section do not apply to members of the Legislative Assembly in the conduct of their parliamentary business.

(8)For so long as a person (the offender) fails to comply with a direction directed to the offender under this section, the offender shall not be entitled to enter or be upon the parliamentary precinct.

(8A)If, in the opinion of the Clerk or other person authorised in that regard by the Clerk (the authorised person) a person is an offender, the Clerk or authorised person may order the offender to leave the parliamentary precinct and the offender shall forthwith so leave.

(8B)The Clerk, authorised persons and all persons acting in aid of the Clerk or an authorised person, using such force as is necessary, may—

(a)remove from the parliamentary precinct a person to whom an order is given pursuant to subsection (8A); and

(b)prevent that person’s return to or on the parliamentary precinct;

unless that person demonstrates to the satisfaction of the Clerk or an authorised person that the person will comply with all current directions made under this section.

(9)A person who fails to comply with a direction made under this section and directed to the person commits an offence against this Act.

Maximum penalty—

(a)where the by-laws prescribe a penalty for a failure to comply with that direction—that penalty;

(b)in any other case—10 penalty units.

s 50 amd 1995 No. 38s 35sch 1

51Proceeding for offence against s 50

(1)A prosecution for an offence against section 50 shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the Clerk.

(2)In any proceeding for an offence against section 50—

(a)an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation;

(b)it shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50) in the absence of evidence that challenges that appointment or authorisation;

(c)an averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment.

(3)All penalties and expenses recovered pursuant to a proceeding for an offence against section 50 shall be paid into and form part of the funds of the Legislative Assembly.

s 51 amd 1995 No. 38s 35sch 1

52Protection from liability

(1)In this section—

protected person means—

(a)the Speaker; or

(b)the Clerk; or

(c)an authorised person under section 50; or

(d)a person acting in aid of the Clerk or an authorised person.

(2)A protected person does not incur civil liability for an act done, or omission made, honestly and without negligence under section 50.

(3)If subsection (2) prevents civil liability attaching to a protected person, the liability attaches instead to the Legislative Assembly.

s 52 sub 1995 No. 38s 35sch 1

53Mode of service

Any notice or other writing required or permitted by this Act to be given to any person may be given to the person—

(a)by delivering it to him or her personally; or

(b)by leaving it for the person at his or her place of work or place of residence last known to the person giving the notice or writing; or

(c)by post addressed to the person at his or her place of work or place of residence last known to the person giving the notice or writing.

55Rules

(1)The Speaker may make rules under this Act.

(2)A rule may make provision about the parliamentary service and, in particular—

(a)the entitlements, responsibilities, authorities, obligations and liabilities of parliamentary service officers and employees; and

(b)appeals about promotional appointments and disciplinary action within the parliamentary service.

(3)A rule is subordinate legislation.

s 55 sub 1995 No. 38s 35sch 1

amd 2011 No. 24s 71; 2015 No. 3s 19

56Regulation-making power

The Governor in Council may make regulations under this Act.

s 56 sub 1995 No. 38s 35sch 1

pt 7 hdg ins 1995 No. 38s 35sch 1

pt 7 div 1 hdg ins 2009 No. 38s 47

57Parliamentary service commission references

In an Act or document, a reference to the parliamentary service commission may, if the context permits, be taken to be a reference to the Legislative Assembly.

s 57 ins 1995 No. 38s 35sch 1

58Clerk of the Legislative Assembly references

In an Act or document, a reference to the Clerk of the Legislative Assembly may, if the context permits, be taken to be a reference to the Clerk of the Parliament.

s 58 ins 1995 No. 38s 35sch 1

pt 7 div 3 hdg ins 2011 No. 24s 73

60Definitions for div 3

In this division—

commencement means the commencement of the provision in which the term is used.

former, in relation to a provision, means as in force before the amendment or repeal of the provision by the Parliamentary Service and Other Acts Amendment Act 2011.

s 60 prev s 60 ins 1995 No. 38s 35sch 1

exp 15 December 1995 (see prev s 64)

pres s 60 ins 2011 No. 24s 73

61Annual reports

(1)Former section 10 applies to the Speaker in relation to the last financial year ending before the commencement if an annual report for that financial year was not prepared and tabled under that section before the commencement.

(2)Also, if the commencement happens during a financial year other than on 1 July—

(a)former section 10 applies to the Speaker in relation to the part of the financial year before the commencement; and

(b)section 10 applies to the CLA for the part of the financial year from the commencement.

(3)A single report may be given under subsections (1) and (2)(a).

s 61 prev s 61 ins 1995 No. 38s 35sch 1

exp 15 December 1995 (see prev s 64)

pres s 61 ins 2011 No. 24s 73

62Parliamentary service officers and employees

(1)This section applies to a person who, immediately before the commencement, was employed by the Speaker as an officer or officer on probation of the parliamentary service or an employee in the parliamentary service.

(2)The employment continues under this Act as employment by the Clerk.

s 62 prev s 62 ins 1995 No. 38s 35sch 1

exp 15 December 1995 (see prev s 64)

pres s 62 ins 2011 No. 24s 73

63Approval of office open to part-time employment

(1)This section applies to an approval in force under former section 27(1)(b) immediately before the commencement.

(2)The approval continues in force as if it had been given by the Clerk under section 27(1)(b).

s 63 prev s 63 ins 1995 No. 38s 35 sch

exp 15 December 1995 (see prev s 64)

pres s 63 ins 2011 No. 24s 73

64Declaration of office open to appointment on contract

(1)This section applies to a declaration in force under former section 27(3) immediately before the commencement.

(2)The declaration continues in force as if it had been made by the CLA under section 27(3).

s 64 prev s 64 ins 1995 No. 38s 35sch 1

exp 15 December 1995 (see prev s 64)

pres s 64 ins 2011 No. 24s 73

65Conditions of employment on contract

(1)An approval that was in force under former section 28(1)(a) immediately before the commencement continues in force as if it had been given by the Clerk under section 28(1)(a).

(2)A contract of employment between the Speaker and a person that was in force under former section 28(1)(b) or (2) immediately before the commencement continues in force as a contract between the Clerk and the person.

s 65 ins 2011 No. 24s 73

66Approval of code of conduct

(1)This section applies to an approval in force under former section 40(1)(f) immediately before the commencement.

(2)The approval continues in force as if it had been given by the Clerk under section 40(1)(f).

s 66 ins 2011 No. 24s 73

67Suspension from duty

(1)This section applies to a suspension from duty in force under former section 41 immediately before the commencement.

(2)The suspension continues in force as if it had been made by the Clerk under section 41(1).

s 67 ins 2011 No. 24s 73

68Rules

(1)This section applies to a rule in force under former section 55 immediately before the commencement.

(2)The rule continues in force as if it had been made by the CLA under section 55.

(3)For the purpose of applying the Statutory Instruments Act 1992, part 7, subsection (2) does not affect the day on which the rule was made.

s 68 ins 2011 No. 24s 73

pt 7 div 4 hdg ins 2015 No. 3s 20

69Definitions for div 4

In this division—

CLA means the Committee of the Legislative Assembly under the Parliament of Queensland Act 2001.

former, in relation to a provision, means as in force before the amendment of the provision by the Parliament of Queensland and Other Acts Amendment Act 2015.

s 69 ins 2015 No. 3s 20

70Annual reports

(1)Former section 10 applies to the CLA in relation to the last financial year ending before the commencement if an annual report for that financial year was not prepared and tabled under that section before the commencement.

(2)Also, if the commencement happens during a financial year other than on 1 July—

(a)former section 10 applies to the CLA in relation to the part of the financial year before the commencement; and

(b)section 10 applies to the Speaker for the part of the financial year from the commencement.

(3)If subsections (1) and (2)(a) apply, the CLA may prepare a single report under those subsections.

(4)If subsection (2) applies, the CLA and the Speaker may prepare a single report under subsection (2)(a) and (b).

s 70 ins 2015 No. 3s 20

71Appeals against promotional appointments and disciplinary action

(1)This section applies in relation to an appeal made to the CLA under former section 43 before the commencement that, immediately before the commencement, had not been finally dealt with.

(2)The appeal is taken to have been made to the Speaker under section 43.

(3)For the purposes of the appeal, anything done before the commencement by or in relation to the CLA under former section 43 has effect as if it had been done by or in relation to the Speaker under section 43.

s 71 ins 2015 No. 3s 20

72Rules

(1)This section applies to a rule in force under former section 55 immediately before the commencement.

(2)The rule continues in force as if it had been made by the Speaker under section 55.

(3)For the purpose of applying the Statutory Instruments Act 1992, part 7, subsection (2) does not affect the day on which the rule was made.

s 72 ins 2015 No. 3s 20

sch 1 om 1995 No. 38 s 35 sch 1