QueenslandParliamentaryServiceAct1988Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheMinisterialandOtherOfficeHolderStaffandOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.The point-in-time date for this
indicative reprint is the introduction date fortheMinisterialandOtherOfficeHolderStaffandOtherLegislationAmendment Bill
2018—15 May 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Parliamentary Service Act 1988Part
1 Preliminary[s 1]Parliamentary
Service Act 1988AnActtoestablishaparliamentaryserviceandforotherpurposesNotauthorised—indicativeonlyPart
1Preliminary1Short
titleThis Act may be cited as theParliamentary Service Act 1988.4DefinitionsIn this
Act—appointed daymeans the day
appointed by proclamation forthecommencementoftheprovisionsofthisActotherthansections 1 and 2.Editor’s note
—The appointed day is 19 November 1988 (proc
pubd gaz 17 November1988 p 1227).Clerkmeans the Clerk of the Parliament.criminal history, for part 5A,
see section 45.criminal history report, for part 5A,
see section 45.employee,inrelationtotheparliamentaryservice,meansapersonemployedthereinwhetheronthepermanentstaff(including a
person employed on probation) or temporarily orasawageworkerbutdoesnotincludeanofficeroftheparliamentary service.engage, for part 5A,
see section 45.Current as at [Not applicable]Page
5
Parliamentary Service Act 1988Part 1
Preliminary[s 4]Notauthorised—indicativeonlyPage
6functionincludes
power.industrial instrumentsee theIndustrial Relations Act 2016,schedule 5.misconductmeans—(a)disgraceful or improper conduct that
shows unfitness tobeorcontinueasanofficeroforemployeeintheparliamentary
service; or(b)behaviour that does not satisfy a
standard of behaviourgenerallyexpectedofofficersoforemployeesintheparliamentary service.officemeansapositionwithintheparliamentaryserviceordinarily held by an officer.officer,inrelationtotheparliamentaryservice,meansaperson appointed pursuant to section 27 to
an office, but doesnot include a person employed on
probation.parliamentary precinctmeans—(a)all land and improvements within the
land reserved forHouse of Parliament in the county of
Stanley, parish ofNorth Brisbane, city of Brisbane described
as lot 414 onplanSL8740andlots437and704onSP289469registered in
the department in which the Land Act 1994is administered;
or(b)anylandorpremisesdeclaredbytheGovernorinCouncil by gazette notice to be part
of the parliamentaryprecinct for a stated period;but
does not include the Legislative Assembly chamber, or thegalleries of the House, whilst the
Legislative Assembly is insession.parliamentaryservicemeanstheparliamentaryserviceestablished by section 23.policecommissionermeansthecommissionerofthepoliceservice under
the Police Service Administration Act 1990.relevant
duties, for part 5A, see section 46.Current as at [Not applicable]
Parliamentary Service Act 1988Part
2 Administrative functions of the Speaker[s 5]termination,inrelationtoacontractofemploymentofanofficer, includes a failure to renew
the contract or to make afresh contract.Notauthorised—indicativeonlyPart
2Administrative functions of theSpeaker5Administration under Speaker’s
controlThe Speaker has the control of—(a)accommodationandservicesintheparliamentaryprecinct;
and(b)accommodation and services supplied
elsewhere by theLegislative Assembly for its members.6Speaker’s role for parliamentary
serviceThegeneralroleoftheSpeakerinrelationtotheparliamentary service is to—(a)decidemajorpoliciestoguidetheoperationandmanagement of the parliamentary service;
and(b)prepare budgets; and(c)decidethesizeandorganisationoftheparliamentaryserviceandtheservicestobesuppliedbytheparliamentary
service; and(d)supervise the management and delivery
of services bythe parliamentary service.7Speaker’s powers for administrative
functions(1)ThissectiondeclaresthepowersandlegalcapacityoftheSpeakerinperformingtheadministrativefunctionsoftheSpeaker’s
office, including the Speaker’s role in relation to theparliamentary service.Current as at
[Not applicable]Page 7
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 2
Administrative functions of the Speaker[s 8](2)The powers include all the powers, and
the legal capacity, thatan 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
thissection to bind the Legislative Assembly by
contract.8Delegation by SpeakerThe
Speaker may delegate the Speaker’s functions under thisActtotheDeputySpeaker,theClerkoraparliamentaryservice officer
or employee.9Advisory committee to Speaker(1)TheSpeakermayestablishacommitteeofmembersoftheLegislative Assembly (theadvisory committee) to advise
theSpeaker on issues arising under this Act
referred to it by theSpeaker.(2)Theadvisorycommitteeconsistsofthemembersappointedby
the Speaker.(3)This section is subject to the
standing rules and orders.10Speaker’s annual
reportAs soon as possible after the end of each
financial year, theSpeaker must prepare, and table in the
Legislative Assembly,a report on this Act’s operation
during the year.Page 8Current as at
[Not applicable]
Part
3Parliamentary Service Act 1988Part
3 The Clerk of the Parliament[s 18]The
Clerk of the ParliamentNotauthorised—indicativeonly18The Clerk of the Parliament(1)There shall from time to time be
appointed an officer of theLegislativeAssemblytobeknownastheClerkoftheParliament.(2)The
Clerk shall be appointed by the Governor by commissionon
the recommendation of the Minister after consultation withthe
Speaker.19Functions of the Clerk of the
Parliament other than aschief executive of parliamentary
serviceThe Clerk of the Parliament shall be
responsible for—(a)thenotingofallproceedingsoftheLegislativeAssembly;(b)thecarryingoutofsuchdutiesandtheexercisingofsuch
powers as may be conferred on the Clerk by law orby
the standing rules and orders, customs and practicesof
the Legislative Assembly.20Functions of the
Clerk of the Parliament as chiefexecutive of
parliamentary service(1)Subject to this
Act, to the control and direction of the Speakerand
to policies (if any) from time to time determined by theSpeaker, the Clerk, as the chief executive
of the parliamentaryservice, shall be responsible to the
Speaker for the efficientand economical management of the
parliamentary service.(2)The Clerk may
make recommendations to the Speaker withrespecttoanymatterforconsiderationbytheSpeakerandshalltakesuchstepsasarenecessarytoimplementthosepolicies and decisions of the Speaker that
require action to betaken by the parliamentary
service.(3)The Clerk is to be the employing
authority, for the LegislativeAssembly, of
parliamentary service officers and employees.Current as at
[Not applicable]Page 9
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 3
The Clerk of the Parliament[s 21]21Tenure of office of the Clerk of the
Parliament(1)Subject to subsections (2) to (4), the
Clerk of the Parliamentshall hold office during good
behaviour.(2)The Clerk may at any time resign by
writing addressed to theSpeakerortotheGovernorifthereisnoSpeakeroriftheSpeaker is
absent from Queensland.(3)TheClerkmayatanytimeberemovedorsuspendedfromoffice by the Governor upon an address from
the LegislativeAssembly 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 fordisability,
bankruptcy or misconduct proved to the satisfactionof
the Governor, but the suspension shall not continue in forcebeyond2monthsafterthebeginningofthenextensuingsession of the Legislative Assembly.22Performance of functions of the Clerk
of the Parliament inthe Clerk’s absence(1)On
the occurrence from any cause of a vacancy in the office oftheClerk(whetherbyreasonofdeath,resignation,orotherwise), and in the case of absence from
duty of the Clerk(from whatever cause arising), and so long
as that vacancy orabsence continues—(a)the
functions of the Clerk at the table of the LegislativeAssembly shall be performed and exercised by
the nextmostsenioroftheofficersrequiredtositatthetablewho is
present;(b)afunctionoftheClerkasthechiefexecutiveoftheparliamentaryserviceshallbeexercisedandperformed—(i)iftheClerkistemporarilyabsent—byaparliamentary service officer or
employee to whomthe function has been delegated under
section 25;orPage 10Current as at
[Not applicable]
Parliamentary Service Act 1988Part
4 Parliamentary service[s 23](ii)otherwise—byanofficerappointedforthetimebeing 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 evidenceof
the authority of the person to do so.Notauthorised—indicativeonlyPart
4Parliamentary service23Parliamentary service(1)There is hereby established a parliamentary
service.(2)TheparliamentaryserviceisnotaninstrumentoftheExecutive 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 theparliamentary service; and(ii)otherofficersrequiredtositatthetableoftheHouse; and(iii)the
parliamentary librarian; and(iv)the
chief reporter; and(b)otherofficersofandemployeesintheparliamentaryservice.24Functions of parliamentary
service(1)ThefunctionsoftheparliamentaryservicearetoprovideadministrativeandsupportservicestotheLegislativeAssembly and to
members and committees thereof which mayinclude—(a)the provision of sufficient clerical
staff, attendants andotherstafftoenabletheLegislativeAssemblyandcommittees thereof to operate
efficiently; andCurrent as at [Not applicable]Page
11
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 25](b)the provision of advice on
parliamentary procedures andthe functions of
Parliament generally; and(c)an accurate and
efficient reporting of proceedings of theLegislativeAssemblyandofmeetingsofcommitteesthereof as
required; and(d)the provision of adequate library and
research facilitiesand 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 asare conferred or imposed upon it by or
under this Act or anyotherenactmentorasaredeterminedbytheSpeakerfromtime
to time.Part 5Management of
parliamentaryservice25Delegation by Clerk as chief executive of
parliamentaryserviceTheClerkmaydelegatetheClerk’sfunctionsaschiefexecutiveoftheparliamentaryservicetoaparliamentaryservice officer
or employee.26Appointment of parliamentary service
officers andemployees(1)The
Clerk may appoint appropriately qualified and competentpersons as—(a)officersorofficersonprobationoftheparliamentaryservice;
orPage 12Current as at
[Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5 Management of parliamentary service[s 26AA](b)employees in the parliamentary
service.(2)TheSpeakermayappointappropriatelyqualifiedandcompetent persons as—(a)officersorofficersonprobationoftheparliamentaryservice in the
Office of the Speaker; or(b)employees in the
parliamentary service in the Office ofthe
Speaker.26AAElectorate office staff(1)On the recommendation of a member, the
Clerk may appoint apersonundersection 26(1)asanofficerinthemember’selectorate
office to help the member to effectively dischargethe
member’s duties.(2)In this section—membermeans a member of the Legislative
Assembly.officermeansanofficerorofficeronprobationoftheparliamentary service.26AOfficers and employees employed under
this ActOfficers and employees of the parliamentary
service are to beemployed under this Act, and not under
thePublic Service Act2008.27Bases of
employment of officers in parliamentary service(1)Appointmenttoanofficewithintheparliamentaryservice,including by way of promotion—(a)shall be made on the basis of
full-time employment, ifthe office is not one or one of a
class of office referred toin paragraph
(b); or(b)may be made on the basis of part-time
employment, ifthe office is one or one of a class of
office approved bythe Clerk to be open to appointment on that
basis.Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 28](2)Appointmenttoanofficewithintheparliamentaryservice,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 oftenure;(b)iftheofficeisonenotdeclaredpursuanttosubsection (3)—the appointment shall
be upon a tenurethat is not limited by time.(3)The Speaker may declare any office or
class of office, otherthanthatoftheClerk,tobeanofficeorclassofofficetowhich appointment shall be made upon a
contract basis.(4)While such a declaration subsists,
appointment to the office sodeclared or to
an office of a class so declared shall be madeupon a contract
basis.28Conditions of employment on
contract(1)Whereappointmenttoanofficewithintheparliamentaryservice is duly
made under this Act upon a contract basis, theconditions of
employment in that office—(a)shall be as
approved from time to time by the Clerk andaccepted by the
person who is or is to be the holder ofthe office;
and(b)istobegovernedbythecontractofemploymentbetween the
Clerk and the officer concerned; and(c)shall not be subject to any industrial
instrument or anydetermination or rule of an industrial
tribunal.(2)Wheretherehasbeenmadetoanypersonanofferofacontractofemploymentwithrespecttotheperson’semployment in an
office that under this Act is one to whichappointment
shall be made upon a contract basis it shall bedeemed—(a)where the offer is made before the
person’s appointmenttotheoffice—thatuponacceptingappointmenttotheoffice; orPage 14Current as at [Not applicable]
Parliamentary Service Act 1988Part
5 Management of parliamentary service[s 28]Notauthorised—indicativeonly(b)where the offer is made after the
person’s appointmenttotheoffice—that,uponagreeingtobeingengagedunder a contract of employment in the
office;the person has made with the Clerk a
contract of employmentupon the conditions approved by the
Clerk in relation to theoffice and conveyed to the
person.(3)If at any time an appointment to an
office purporting to havebeen made under this Act upon a
contract basis is not duly somade,theappointmentshallbedeemedtohavebeenmadeupon a tenure
that is not limited by time and upon conditionsofemploymentprovidedforbyanyrelevantindustrialinstrument and
the appointee shall hold the office accordingly.(4)Where the contract of employment made
or deemed to havebeen made with the Clerk by an officer of
the parliamentaryservice who holds an office upon a contract
basis is terminatedotherwise than by way of disciplinary action
pursuant to thisAct the officer is entitled to elect to
continue to be employedas an officer, though not upon a
contract basis, at a level ofsalary
determined by the Clerk but not less than the level ofsalaryatwhichtheofficerwasemployedatthetimeimmediatelybeforetheofficerfirstacceptedemploymentupon a contract
basis, adjusted to accord with movements inrelation to
salaries since that time and, if he or she does soelect, the officer shall renounce all
entitlements secured to theofficerbythecontractofemploymentintheeventofitstermination in the circumstances in
which the termination hasoccurred.(5)Every such election—(a)shall be made in writing signed by the
officer and giventotheClerknolaterthan14daysafternoticeoftermination of the contract has been given
to the officer;and(b)uponbeingdulymade,shallhavetheeffectthattheelector’s services as an officer shall
be deemed not tohave been terminated by the termination of
the contractof employment but to have continued in
accordance withthe terms of election prescribed by
subsection (4).Current as at [Not applicable]Page
15
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 29](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 appointedto an office upon a contract basis held an
office withintheparliamentaryserviceuponatenureunlimitedbytime, and whose service in the
lastmentioned office andin any office or offices subsequently
held by the officeruntil the termination of the contract in
question has beencontinuous.29Salaries and conditions of employment(1)TheClerk,officersofandemployeesintheparliamentaryservice shall be
paid such remuneration and allowances andshall be
employed on such terms and conditions of service asmayfromtimetotimesubjecttoanyapplicableindustrialinstrument be
decided—(a)for the Clerk—by the Speaker;
or(b)forparliamentaryserviceofficersandemployees—bythe
Clerk.(2)TheSpeakermustensuretheremuneration,conditionsofemploymentandotherbenefitsgiventotheClerkarecomparable to those of State officers and
employees who havesimilar duties.(3)TheClerkmustensuretheremuneration,conditionsofemployment and other benefits given to
parliamentary serviceofficersandemployeesarecomparabletothoseofStateofficers and
employees who have similar duties.(4)Officers of and employees in the
parliamentary service are notofficers of the
public service.30Superannuation(2)Where a person—(a)immediatelypriortotheappointeddayisanofficerwithin the
meaning of a superannuation Act; andPage 16Current as at [Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5 Management of parliamentary service[s 31](b)underthetransitionalprovisionisdeemedtobeappointedorsecondedtoperformthedutiesofanofficer of or employee in the
parliamentary service;for as long as the person continues to
perform full-time thedutiesofanofficeroforemployeeintheparliamentaryservice (whether
as an officer of the public service or as anofficeroforemployeeintheparliamentaryservice)inapermanent
capacity—(c)all entitlements (if any) which at the
appointed day haveaccrued or are accruing in respect of the
person underthat Act shall be retained; and(d)the person shall be deemed to continue
to be an officerwithin the meaning of that Act and the
provisions of thatAct shall apply accordingly.(3)In subsection (2)—superannuation
Actmeans—(a)thePublic Service Superannuation Act
1958;(b)theState Service Superannuation Act 1972.transitional provisionmeans section 46 of this Act as in
forceimmediatelybeforethisActwasamendedbytheParliamentary Committees Act
1995, section 35.(4)NothinginthissectionshallbeconstruedtopreventtheSpeakeroranypersonfromparticipatinginanysuperannuation scheme pursuant to any
other Act.31Contributions by Clerk(1)TheClerkmustpaytheamountsthat,undertheSuperannuation(StatePublicSector)Act1990, are
payablebyaunitoftheStatepublicsectorfortheofficersandemployees in the parliamentary
service.(2)ContributionsrequiredbylawtobepaidbytheClerkinrespectofanysuperannuationschemeshallbepaidbytheClerk.Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 32]32Vacancies to be advertised(1)A person shall not be appointed to
fill a vacancy in an officewithin the
parliamentary service unless the vacancy has beennotified in the gazette.(2)Subsection (1)doesnotapplyiftheofficeinwhichthevacancy exists—(a)is
of a temporary nature; or(b)is an office of
a class of office prescribed by rules madeby the Speaker
to be a class of office in respect of whicha vacancy need
not be advertised.(3)Thereclassificationofanofficecreatesavacancyinthatoffice for the
purposes of subsection (1).33Publication of
appointmentsNotification of every appointment of a
person as an officer ofthe 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)thepositioninwhichthatperson’sservicesaretobeemployed is of a kind ordinarily held by a
person who isnot an officer of the parliamentary service;
or(b)the position being of a kind
ordinarily held by an officerof the
parliamentary service, the engagement is requiredto
meet temporary circumstances or is upon a basis notpermissible for the engagement of such an
officer.(1A)Theappointmentofapersonwhoseservicesareengagedunder subsection
(1) shall be made in writing signed by theClerk.(2)An engagement of a person under
subsection (1) may be onsuch basis, for such duration of
tenure and on such terms andconditions as
are agreed between that person and the Clerk,subject to any
applicable industrial instrument.Page 18Current as at [Not applicable]
Parliamentary Service Act 1988Part
5 Management of parliamentary service[s 35](3)A person appointed pursuant to this
section shall not therebybecome an officer of the parliamentary
service.Notauthorised—indicativeonly35Appointment on probation(1)This section does not apply in
relation to an appointment oftheClerkortoanofficewithintheparliamentaryservicemade
on a contract basis.(2)A person who is
not already an officer of the parliamentaryservice and who
is appointed to an office shall be so appointedon probation for
a period not less than 12 months.(3)Apersonwhoisalreadyanofficeroftheparliamentaryservice and who
is appointed by way of promotion to an officeshall be so
appointed on probation for a period not less than 6months.(4)Whereapersonhasbeenappointedonprobationincompliance with subsection (2) or
(3)—(a)if immediately before appointment the
person was notanofficeroftheparliamentaryservice—theClerkmay—(i)at
any time during a period of probation, terminatethe
employment in the parliamentary service of theperson;(ii)upon the expiry
of a period of probation, confirmthe appointment,
extend the period of probation, orrescind the
appointment and thereby terminate theemploymentintheparliamentaryserviceoftheperson;
or(b)ifimmediatelybeforeappointmentthepersonwasanofficer of the parliamentary
service—the Clerk may—(i)at any time
during a period of probation, rescindthe
appointment;(ii)upon the expiry
of a period of probation, confirmthe appointment,
extend the period of probation orrescind the
appointment.Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 36](5)Whereanappointmentisrescindedpursuanttosubsection (4)(b) the services of the
officer shall be retained atasalarynotlessthanthelevelofsalaryofthepersonimmediately
before the person was so appointed, until he orshe is appointed
to an office in the parliamentary service or isotherwise duly
dealt with in accordance with this Act.(6)Ifapersonwhohasbeenappointedonprobationincompliance with subsection (2) or (3) is
still serving a periodof probation upon the expiry of 18
months after the date ofappointment on probation, then, if
within 1 month after thatexpirytheappointmenthasbeenneitherconfirmednorrescinded, the person’s appointment shall be
deemed to havebeen confirmed upon that expiry.36Resignation from parliamentary
service(1)An officer of the parliamentary
service whose conditions ofemployment are
governed by a contract of employment thatprovides for
resignation and the manner thereof may resignemployment in
accordance with the contract of employment.(2)An
officer of or employee in the parliamentary service otherthan
one referred to in subsection (1) may at any time resignemployment.37Retirement from parliamentary service(1)Anofficerof,oranemployeein,theparliamentaryservicemay
elect to retire from the parliamentary service on or afterturning 55.(2)IftheClerksuspectsonreasonablegroundsthataperson,being an officer
of or employee in the parliamentary service,by reason of
mental or physical infirmity has not the capacityor
is unfit—(a)to discharge efficiently his or her
duties; and(b)to discharge efficiently any other
duties that the Clerkmightreasonablydirecttheofficeroremployeetodischarge;Page 20Current as at [Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5 Management of parliamentary service[s 38]theClerkshallobtainmedicalopiniononthatperson’sconditionandtothatendmayappointanymedicalpractitionerormedicalpractitionerstoexaminethatpersonand report to
whomsoever the Clerk directs upon that person’smentalorphysicalconditionorbothandmaydirectthatperson to submit himself or herself to such
examination.(3)IftheClerkbelievesonreasonablegroundsthataperson,being an officer
of or employee in the parliamentary serviceby reason of
mental or physical infirmity has not the capacityor
is unfit as prescribed by subsection (2), the Clerk may calluponthatpersontoretirefromtheparliamentaryservicewithin a time specified by the Clerk.(4)Ifapersoncalleduponpursuanttosubsection (3)toretiredoesnotretirewithinthetimespecified,theClerkmaydismiss the person from the parliamentary
service.38Mode of resignation or
retirementThe resignation or retirement of an officer
of or employee inthe parliamentary service shallbe
effected by signed noticegiventotheClerkandshallbegivenandtakeeffectasprescribed by rules from time to time
made by the Speaker.39Retrenchment(1)WheretheClerkissatisfiedthattheservicesofaperson,being an officer
of or employee in the parliamentary service,can no longer be
gainfully utilised in the position held by thepersonbecausethepositionhasbecomeredundant,andtheClerk is satisfied that—(a)it is not practicable to retrain or
redeploy that person;and(b)theredundancyarrangementsapprovedbytheClerkhave
been complied with in relation to that person;the Clerk may
terminate the services of that person by way ofretrenchmentinaccordancewiththoseredundancyarrangements.Current as at
[Not applicable]Page 21
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 40](2)Redundancy arrangements for the time
being approved by theClerk for the purposes of subsection
(1) shall be comparabletotheredundancyarrangementsforthetimebeingapproved—(a)inthecaseofofficers—bytheGovernorinCouncilunder thePublic Service Act 2008in relation to
officersofthepublicservicewhohavesimilardutiesandresponsibilities;(b)in
the case of employees—by the industrial commissionin
relation to employees of the Crown who have similarduties and responsibilities.40Discipline(1)Anofficeroforemployeeintheparliamentaryserviceisliable to disciplinary action upon any
of the following groundsshown to the satisfaction of the Clerk
to exist, namely—(a)incompetence or inefficiency in the
discharge of his orher duties;(b)negligence, carelessness or indolence in the
discharge ofhis 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 tothe officer or employee by any person having
authorityover him or her;(f)wilful failure to comply with any provision
of a code ofconductapprovedbytheClerkforofficersofandemployees in the parliamentary
service.(2)Where action against a person is
contemplated on a groundreferredtoinsubsection (1)(d)theClerkmayappointanymedical practitioner or medical
practitioners to examine thatPage 22Current as at [Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5 Management of parliamentary service[s 41]person and to report to the Clerk or as the
Clerk directs uponthat person’s mental or physical condition
or both, and maydirectthatpersontosubmithimselforherselftosuchexamination.(3)IftheClerkissatisfiedthatapersonshouldbedisciplinedpursuant to
subsection (1), the Clerk may order that the personbedisciplinedinamannerthatappearstotheClerktobewarranted, having regard to any
relevant guidelines that mayhave been issued
in relation to the exercise of discipline underthis Act.(4)Without limiting the range of
disciplines that may be imposedpursuant to
subsection (3), such disciplines may consist of 1or
more of the following—(a)dismissal;(c)reprimand;(d)forfeitureordefermentofasalaryincrementorincrease;(e)reduction in the person’s level of
salary;(f)adeductionfromtheperson’ssalaryorwagesofanamount not exceeding 2 penalty
units.41Suspension(1)Where it appears on reasonable grounds to
the Clerk that aparliamentaryserviceofficeroremployeeisliabletodisciplinaryactionundersection
40orissuspectedofinvolvementincircumstancessuchthattheefficientandpropermanagementofparliamentaryservicemightbeprejudicediftheofficer’soremployee’sservicesarecontinued,theofficeroremployeemaybesuspendedfromduty
by the Clerk.(3)A suspension imposed on a person under
subsection (1) maybe lifted at any time by the Clerk.(4)A person suspended from duty shall not
be entitled to receivesalary or wages for any period during
which the person doesCurrent as at [Not applicable]Page
23
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 5
Management of parliamentary service[s 42]notperformhisorherduties,unlesstheClerkotherwisedetermines.(5)A
person suspended from duty who is not entitled to salary orwages for the period of suspension, if the
person resumes dutyas an officer of or employee in the
parliamentary service uponthe lifting of the suspension, shall
be entitled to receive a sumequivalent to
the amount of salary or wages the person wouldhave received
had the person not been suspended diminishedby the amount of
salary, wages or fees (if any) to which he orshebecameentitledfromanysourceduringtheperiodofsuspension, unless the Clerk otherwise
determines.42Mode of dismissal or suspension(1)Dismissal or suspension of an officer
of or employee in theparliamentary service shall be
effected in accordance with thisAct,anyrelevantguidelinesthatmayhavebeenissuedinrelationtheretounderthisActandtheprinciplesofnaturaljustice.(2)DismissalorsuspensionofanofficeroremployeemustbeeffectedbywritingsignedbytheClerkandgiventotheofficer or employee.43Appeals against promotional
appointments anddisciplinary action(1)An
appeal on the merits lies to the Speaker in accordance withthis
section, and not otherwise, in respect of—(a)all
disciplinary action taken pursuant to this Act; and(b)everyappointmenttoanofficethatinvolvestheappointee’s promotion except—(i)an office or one of a class of office
declared by orpursuanttothisActtobeanofficeorclassofoffice to which appointment shall be made
upon acontract basis; and(ii)anofficeoroneofaclassofofficedeclaredbyrules made by the Speaker to be an
office or a classPage 24Current as at
[Not applicable]
Parliamentary Service Act 1988Part
5 Management of parliamentary service[s 43]Notauthorised—indicativeonlyofofficeinrespectofappointmenttowhichnoappeal lies.(2)An
officer of or employee in the parliamentary service whomay
exercise the right of appeal is—(a)inthecaseofanappealinrespectofdisciplinaryaction—an
officer or employee who is aggrieved by thedecision that
has resulted in disciplinary action againsthim or
her;(b)inthecaseofanappealagainstanappointment—anofficer who
satisfies the requirements of the rules madefrom time to
time by the Speaker and published in thegazetteinrespectofappealsoftheclassofappealinquestion.(3)An
appeal in respect of disciplinary action may relate to thedecision that has resulted in the action
being taken or to thenature of the punishment or to
both.(4)JurisdictionisherebyconferredontheSpeakertohearandmake
determinations with respect to—(a)allmattersrelevanttoanappealdulyinstitutedinrelation to disciplinary action; and(b)allmattersrelevanttoanappealdulyinstitutedinrelation to an appointment.(4A)The institution
and conduct of an appeal provided for by thissection shall be
as prescribed by the rules made from time totimebytheSpeakeror,insofarastherulesdonotsoprescribe,astheSpeakerdeterminesfromtimetotime,having regard to
any guidelines issued pursuant to this Act inrelation to the
matter and to the principles—(a)that
legal representation shall not be permitted to a partyto
an appeal; and(b)thattheproceedingsuponan
appealshallbeinformaland
simple.(5)No appeal lies from a finding or
determination made by theSpeaker upon an appeal to it.Current as at [Not applicable]Page
25
Parliamentary Service Act 1988Part
5A Assessing suitability to be an officer or employee[s
44](6)ThedeterminationsoftheSpeakeruponanappealshallbefurnishedtotheClerkwhoshallactuponthosedeterminations.Notauthorised—indicativeonly44Reinstatement
following dismissalWhere a person dismissed from the
parliamentary service isreinstatedinapositionwithintheparliamentaryserviceconsequent upon an exercise of jurisdiction
by the Speaker,the person shall not suffer loss of salary
or wages or any otherbenefits accruing under any Act in
respect of being an officerof or employee
in the parliamentary service in respect of theperiodduringwhichthepersonwasnotanofficeroremployee except to the extent that the
Speaker directs to thecontrary.Part 5AAssessing suitability to be anofficer or employeeDivision 1Preliminary45Definitions for partIn this
part—criminalhistoryseetheCriminalLaw(RehabilitationofOffenders) Act 1986, section 3.criminal history reportmeansareportgivenundersection47B.engage, a
person, includes—(a)allow a person employed by or within
another entity toperformworkordutieswithintheparliamentaryservice, under
an arrangement with the other entity; and(b)start training a person in the parliamentary
service asanapprenticeortrainee,withinthemeaningoftheFurther Education and Training Act
2014.Page 26Current as at
[Not applicable]
Parliamentary Service Act 1988Part
5A Assessing suitability to be an officer or employee[s
46]relevant dutiessee section
46.Notauthorised—indicativeonly46Meaning of relevant dutiesDuties to be performed in the carrying out
of the functions oftheparliamentaryservicearerelevantdutiesiftheClerkconsidersitmaybenecessary,becauseofthenatureoftheparticular
duties, to have regard to the criminal history of aperson who is or will be performing the
duties.Division 2Obtaining
criminal histories47Clerk may ask for consent to obtain
criminal history(1)IftheClerkorSpeakerproposestoappointorengageapersontoperformrelevantduties,theClerkmayasktheperson for
written consent for the Clerk to obtain the person’scriminal history.(2)Subsection(1)appliesevenifthepersonisanofficeroremployeeoftheparliamentaryservicewhentheClerkproposestoappointorengagethepersontoperformtherelevant duties.47ARefusing consent(1)Thissectionappliesifthepersondoesnotconsent,orwithdrawstheperson’sconsent,totheClerkobtainingtheperson’s criminal history.(2)Ifthepersonisnotanofficeroremployeeoftheparliamentary service, the Clerk may
decide not to considerthepersonforappointmentorengagementasanofficeroremployee to perform the relevant
duties.(3)If the person is an officer or
employee of the parliamentaryservicewhoisperformingrelevantduties,theClerkmaypreventthepersonfromperforminganyfurtherrelevantduties.Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5A Assessing suitability to be an officer or employee[s
47B]47BObtaining criminal history with
consent(1)ThissectionappliesifthepersongivestheClerkwrittenconsent to the Clerk obtaining the person’s
criminal history.(2)The Clerk may ask the police
commissioner or another entityfor—(a)awrittenreportabouttheperson’scriminalhistory;and(b)a brief description of the
circumstances of a convictionmentioned in the
criminal history.(3)The request may include the
following—(a)theperson’snameandanyothernametheClerkbelieves the
person may use or may have used;(b)theperson’sdateandplaceofbirth,genderandaddress.(4)The
police commissioner must comply with a request made tothe
police commissioner under this section.(5)However, the duty to comply under subsection
(4) applies onlyto information in the police commissioner’s
possession or towhich the police commissioner has
access.47CCriminal history no longer required to
be obtained(1)This section applies if—(a)theClerkhas,undersection47B,askedthepolicecommissioner to
give the Clerk a written report about aperson’s
criminal history; and(b)theClerkdecidesthecriminalhistoryisnolongerrequired.(2)TheClerkmust,bywrittennotice,tellthepolicecommissioner
that the requested report is no longer required.(3)Ifthepolicecommissionerisnotifiedasmentionedinsubsection (2) before the police
commissioner has given therequested report to the Clerk, the
police commissioner mustnot give it to the Clerk.Page
28Current as at [Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5A Assessing suitability to be an officer or employee[s
47D]47DPolice commissioner must not use
information givenunder this part(1)InformationgiventothepolicecommissionerbytheClerkunder section
47B(3) must not be accessed, disclosed or usedfor any
purposes, other than a purpose under this part or anyother purpose relevant to law
enforcement.(2)However,subsection(1)doesnotapplytoinformationobtained by the
police commissioner before the Clerk gave theinformation
under section 47B(3).Division 3Use of criminal
histories47EAssessment of suitabilityIftheClerkobtainsaperson’scriminalhistoryunderthispart, the Clerk
must consider the criminal history in makingan assessment
about the person’s suitability for appointmentor engagement to
perform relevant duties.47FDestruction of
reports and notices(1)This section applies if—(a)acriminalhistoryreportaboutapersonisnolongerrequiredtobekeptforthepurposeforwhichitwasrequested under this part; or(b)anoticegiventotheClerkundersection47Gisnolonger required
to be kept for deciding whether a personis suitable to
perform relevant duties.(2)The Clerk must
destroy the report, the notice and any otherdocumentcontaininginformationcontainedinthereportornotice.Current as at
[Not applicable]Page 29
Parliamentary Service Act 1988Part
5A Assessing suitability to be an officer or employee[s
47G]Division 4Other
mattersNotauthorised—indicativeonly47GProsecuting
authority to notify Clerk about committal,conviction
etc.(1)This section applies if the police
commissioner or the directorofpublicprosecutions(eachaprosecutingauthority)isawarethatapersonisanofficeroremployeeoftheparliamentaryserviceand,afterthecommencementofthissection, the
person is charged with an indictable offence.(2)Ifthepersoniscommittedbyacourtfortrialfortheindictableoffence,theprosecutingauthoritymust,within7daysafterthecommittal,givenoticetotheClerkofthefollowing—(a)the
person’s name;(b)the court;(c)particulars of the offence;(d)the date of the committal;(e)the court to which the person was
committed.(3)Ifthepersonisconvictedbeforeacourtoftheindictableoffence, the
prosecuting authority must, within 7 days after theconviction, give notice to the Clerk of the
following—(a)the person’s name;(b)the
court;(c)particulars of the offence;(d)the date of the conviction;(e)the sentence imposed by the
court.(4)If the person has appealed against the
conviction mentionedinsubsection(3)andtheappealisfinallydecidedorhasotherwiseended,theprosecutingauthoritymust,within7days after the decision or the day the
appeal otherwise ends,give notice to the Clerk of the
following—(a)the person’s name;Page 30Current as at [Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
5A Assessing suitability to be an officer or employee[s
47H](b)particulars of the offence;(c)the date of the decision or other
ending of the appeal;(d)if the appeal
was decided—(i)the court in which it was decided;
and(ii)particulars of
the decision.(5)If the prosecution for the indictable
offence ends without thepersonbeingconvictedoftheoffence,theprosecutingauthoritymust,within7daysaftertheprosecutionprocessends, give notice to the Clerk of the
following—(a)the person’s name;(b)the
court;(c)particulars of the offence;(d)the date of the committal;(e)the court to which the person was
committed.(6)For subsection (5), the prosecution
process ends if—(a)anindictmentwaspresentedagainstthepersonbutanolle prosequi is entered on the
indictment or the personis acquitted; or(b)the
prosecution process otherwise ends.47HFalse or misleading statements in
consentApersonmustnotgivetheClerkaconsentmentionedinsection 47, or another document for
this part, that the personknowscontainsinformationthatisfalseormisleadinginamaterial particular.Maximum penalty—100 penalty units.47IConfidentiality(1)Ifapersonobtainscriminalhistoryinformationincarryingout functions or
performing duties as the Speaker, the Clerk, amember of the
Legislative Assembly or an officer or employeeCurrent as at
[Not applicable]Page 31
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 6
Miscellaneous[s 48]of the
parliamentary service, the person must not disclose thecriminalhistoryinformationtoanyotherpersonunlessthedisclosure is permitted under subsection
(2).Maximum penalty—100 penalty units.(2)Thepersonispermittedtodisclosecriminalhistoryinformation
about an individual—(a)to the Speaker,
the Clerk, or an officer or employee ofthe
parliamentary service, for the purpose of assessingthe
individual’s suitability to perform relevant duties; or(b)to a member of the Legislative
Assembly for the purposeof assessing the individual’s
suitability—(i)toperformrelevantdutiesinthemember’selectorate office under section 26AA;
or(ii)for otherwise
providing administrative and supportservices to the
member; or(c)with the person’s consent; or(d)ifthedisclosureisotherwiserequiredorpermittedunder an
Act.(3)In this section—criminal history
informationmeans information contained inthe
following—(a)a criminal history report;(b)a notice given to the Clerk under
section 47G.Part 6Miscellaneous48Service with parliamentary service and
public service(1)If an officer of the public service
becomes an officer of theparliamentaryservice,theofficerisentitledtoretainallexisting and accruing rights as if the
service as an officer ofthe parliamentary service were a
continuation of the service asan officer of
the public service.Page 32Current as at
[Not applicable]
Parliamentary Service Act 1988Part
6 Miscellaneous[s 49](2)Where a person ceases to be an officer of
the parliamentaryserviceandbecomesanofficerofthepublicservice,theserviceasanofficeroftheparliamentaryserviceshallberegarded as service of a like nature in the
public service forthe purpose of determining the person’s
rights as an officer ofthe public service.Notauthorised—indicativeonly49Clerk and parliamentary service
officers and employeesare employees in industrial law(1)Each parliamentary service officer or
employee who receivessalary or wages (other than on a
contract basis) is an employeeand the Clerk is
his or her employer within the meaning of theIndustrialRelationsAct2016andthatActappliestothemaccordingly.(2)TheClerkisanemployeeandtheSpeakeristheClerk’semployer within
the meaning of theIndustrial Relations Act2016and
that Act applies to them accordingly.50Behaviour in parliamentary precinct at
discretion ofSpeaker(1)All
persons entering or upon the parliamentary precinct shallcomply with the directions of the Speaker as
to the behaviour,demeanour and conduct of such
persons.(2)DirectionsoftheSpeakermaytaketheformofby-lawsprescribing
behaviour and conduct made from time to time bythe
Speaker.(2A)The by-laws may
prescribe differing penalties for failure tocomplywithspecifieddirectionsastothebehaviour,demeanourandconductofpersonsenteringorupontheparliamentaryprecinctbutsuchthatnoprescribedpenaltyshall exceed 10 penalty units.(2B)A by-law is
subordinate legislation.(3)Directionsintheformofby-lawsmadepursuanttosubsection (2) shall be deemed to have been
directed to everyCurrent as at [Not applicable]Page
33
Parliamentary Service Act 1988Part 6
Miscellaneous[s 50]Notauthorised—indicativeonlypersonwhothereafterentersorisupontheparliamentaryprecinct.(4)Directions made under this section may
be directed towards aspecified person or a person of a
specified class or the holderorholdersforthetimebeingofaspecifiedofficeorofspecified classes of office.(5)TheSpeakermayauthorisetheClerkoraparliamentaryservice officer
or employee to give directions (not inconsistentwith
any directions given by the Speaker) under this sectionfor
the Speaker.(7)Directions given under this section do
not apply to membersoftheLegislativeAssemblyintheconductoftheirparliamentary
business.(8)For so long as a person (theoffender) fails to
comply with adirectiondirectedtotheoffenderunderthissection,theoffendershallnotbeentitledtoenterorbeupontheparliamentary precinct.(8A)If,
in the opinion of the Clerk or other person authorised inthat
regard by the Clerk (theauthorised person) a person is
anoffender,theClerkorauthorisedpersonmayordertheoffender to leave the parliamentary precinct
and the offendershall forthwith so leave.(8B)The Clerk,
authorised persons and all persons acting in aid oftheClerkoranauthorisedperson,usingsuchforceasisnecessary, may—(a)removefromtheparliamentaryprecinctapersontowhom
an order is given pursuant to subsection (8A); and(b)prevent that person’s return to or on
the parliamentaryprecinct;unless that
person demonstrates to the satisfaction of the Clerkor
an authorised person that the person will comply with allcurrent directions made under this
section.(9)A person who fails to comply with a
direction made under thissection and directed to the person
commits an offence againstthis Act.Page 34Current as at [Not applicable]
Parliamentary Service Act 1988Part
6 Miscellaneous[s 51]Maximum
penalty—(a)wheretheby-lawsprescribeapenaltyforafailuretocomply with that direction—that
penalty;(b)in any other case—10 penalty
units.Notauthorised—indicativeonly51Proceeding for offence against s
50(1)Aprosecutionforanoffenceagainstsection 50shallbebywayofsummaryproceedingsundertheJusticesAct1886upon the
complaint of the Clerk.(2)In any
proceeding for an offence against section 50—(a)anallegationinacomplaintthatadirectionhadbeengiven by a
person at the direction of the Speaker shall beevidence and, in
the absence of evidence to the contrary,conclusiveevidenceofthematterscontainedintheallegation;(b)it
shall not be necessary to prove the appointment of theClerk or that a person is an authorised
person (within themeaning of section 50) in the absence of
evidence thatchallenges that appointment or
authorisation;(c)an averment in a complaint that any
act, matter or thingwas done or omitted within the
parliamentary precinctshall be evidence and, in the absence
of evidence to thecontrary, conclusive evidence of that
averment.(3)All penalties and expenses recovered
pursuant to a proceedingfor an offence against section 50
shall be paid into and formpart of the
funds of the Legislative Assembly.52Protection from liability(1)In this section—protected
personmeans—(a)the
Speaker; or(b)the Clerk; orCurrent as at
[Not applicable]Page 35
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 6
Miscellaneous[s 53](c)an
authorised person under section 50; or(d)apersonactinginaidoftheClerkoranauthorisedperson.(2)Aprotectedpersondoesnotincurcivilliabilityforanactdone,oromissionmade,honestlyandwithoutnegligenceunder section
50.(3)Ifsubsection
(2)preventscivilliabilityattachingtoaprotectedperson,theliabilityattachesinsteadtotheLegislative Assembly.53Mode of serviceAny notice or
other writing required or permitted by this Actto 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 orplace of residence last known to the person
giving thenotice or writing; or(c)bypostaddressedtothepersonathisorherplaceofworkorplaceofresidencelastknowntothepersongiving the
notice or writing.55Rules(1)The
Speaker may make rules under this Act.(2)A
rule may make provision about the parliamentary serviceand,
in particular—(a)the entitlements, responsibilities,
authorities, obligationsandliabilitiesofparliamentaryserviceofficersandemployees; and(b)appealsaboutpromotionalappointmentsanddisciplinary action within the parliamentary
service.(3)A rule is subordinate
legislation.Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
7 Transitional provisions[s 56]56Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Part
7Transitional provisionsDivision 1Transitional provision for Act No. 38of
199557Parliamentary service commission
referencesInanActordocument,areferencetotheparliamentaryservice
commission may, if the context permits, be taken to bea
reference to the Legislative Assembly.58Clerk
of the Legislative Assembly referencesInanActordocument,areferencetotheClerkoftheLegislative Assembly may, if the
context permits, be taken tobe a reference
to the Clerk of the Parliament.Division 3Transitional provisions forParliamentary Service and OtherActs
Amendment Act 201160Definitions for div 3In
this division—commencementmeans the
commencement of the provision inwhich the term
is used.former, in relation to
a provision, means as in force before theamendment or
repeal of the provision by theParliamentaryService and
Other Acts Amendment Act 2011.Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyParliamentary Service Act 1988Part 7
Transitional provisions[s 61]61Annual reports(1)Former section 10 applies to the Speaker in
relation to the lastfinancial year ending before the
commencement if an annualreportforthatfinancialyearwasnotpreparedandtabledunder that
section before the commencement.(2)Also, if the commencement happens during a
financial yearother than on 1 July—(a)former section 10 applies to the Speaker in
relation tothe part of the financial year before the
commencement;and(b)section
10appliestotheCLAforthepartofthefinancial year from the
commencement.(3)A single report may be given under
subsections (1) and (2)(a).62Parliamentary
service officers and employees(1)This
section applies to a person who, immediately before thecommencement, was employed by the Speaker as
an officer orofficeronprobationoftheparliamentaryserviceoranemployee in the
parliamentary service.(2)The employment
continues under this Act as employment bythe
Clerk.63Approval of office open to part-time
employment(1)Thissectionappliestoanapprovalinforceunderformersection 27(1)(b)
immediately before the commencement.(2)The
approval continues in force as if it had been given by theClerk under section 27(1)(b).64Declaration of office open to
appointment on contract(1)Thissectionappliestoadeclarationinforceunderformersection 27(3)
immediately before the commencement.Page 38Current as at [Not applicable]
Parliamentary Service Act 1988Part
7 Transitional provisions[s 65](2)The
declaration continues in force as if it had been made bythe
CLA under section 27(3).Notauthorised—indicativeonly65Conditions of employment on
contract(1)An approval that was in force under
former section 28(1)(a)immediately before the commencement
continues in force asif it had been given by the Clerk
under section 28(1)(a).(2)A contract of
employment between the Speaker and a personthatwasinforceunderformersection 28(1)(b)or(2)immediately before the commencement
continues in force asa contract between the Clerk and the
person.66Approval of code of conduct(1)Thissectionappliestoanapprovalinforceunderformersection 40(1)(f)
immediately before the commencement.(2)The
approval continues in force as if it had been given by theClerk under section 40(1)(f).67Suspension from duty(1)This section applies to a suspension
from duty in force underformer section 41 immediately before
the commencement.(2)The suspension continues in force as
if it had been made bythe Clerk under section 41(1).68Rules(1)This
section applies to a rule in force under former section 55immediately before the commencement.(2)The rule continues in force as if it
had been made by the CLAunder section 55.(3)ForthepurposeofapplyingtheStatutoryInstrumentsAct1992, part 7,
subsection (2) does not affect the day on whichthe rule was
made.Current as at [Not applicable]Page
39
Parliamentary Service Act 1988Part 7
Transitional provisions[s 69]Division 4Transitional provisions forParliament of Queensland andOther Acts Amendment Act 2015Notauthorised—indicativeonly69Definitions for
div 4In this division—CLAmeans the Committee of the Legislative
Assembly undertheParliament of Queensland Act
2001.former, in relation to
a provision, means as in force before theamendment of the
provision by theParliament of Queenslandand Other Acts
Amendment Act 2015.70Annual
reports(1)Former section 10 applies to the CLA
in relation to the lastfinancial year ending before the
commencement if an annualreportforthatfinancialyearwasnotpreparedandtabledunder that
section before the commencement.(2)Also, if the commencement happens during a
financial yearother than on 1 July—(a)former section 10 applies to the CLA in
relation to thepart of the financial year before the
commencement; and(b)section 10appliestotheSpeakerforthepartofthefinancial year
from the commencement.(3)Ifsubsections (1)and(2)(a)apply,theCLAmayprepareasingle report under those
subsections.(4)Ifsubsection
(2)applies,theCLAandtheSpeakermayprepare a single report under subsection
(2)(a) and (b).71Appeals against promotional
appointments anddisciplinary action(1)This
section applies in relation to an appeal made to the CLAunderformersection 43beforethecommencementthat,Page
40Current as at [Not applicable]
Notauthorised—indicativeonlyParliamentary Service Act 1988Part
7 Transitional provisions[s 72]immediately
before the commencement, had not been finallydealt
with.(2)The appeal is taken to have been made
to the Speaker undersection 43.(3)Forthepurposesoftheappeal,anythingdonebeforethecommencementbyorinrelationtotheCLAunderformersection 43 has effect as if it had been done
by or in relation tothe Speaker under section 43.72Rules(1)This
section applies to a rule in force under former section 55immediately before the commencement.(2)TherulecontinuesinforceasifithadbeenmadebytheSpeaker under
section 55.(3)ForthepurposeofapplyingtheStatutoryInstrumentsAct1992, part 7,
subsection (2) does not affect the day on whichthe rule was
made.Current as at [Not applicable]Page
41