Parliamentary Budget Officer Act 2010

This Act is the Parliamentary Budget Officer Act 2010.

Parts 1 and 2 and Schedule 1.2 commence on the date of assent to this Act.

The remainder of this Act commences on 25 January 2011.

In this Act—

ABS means the Australian Bureau of Statistics established by the Australian Bureau of Statistics Act 1975 of the Commonwealth.

Department means the Cabinet Office.

election costing request means a request made under Division 1 of Part 4 to the Parliamentary Budget Officer for the preparation of an election policy costing.

election policy costing means a costing of a publicly announced or proposed policy prepared by the Parliamentary Budget Officer under Division 2 of Part 4.

function includes a power, authority or duty, and exercise a function includes perform a duty.

general government sector means New South Wales agencies or activities listed or described, from time to time, as part of the general government sector by the ABS.

independent member means a member of Parliament who is not a member of a registered party.

minor party means a registered party of which the members do not form, or form part of—

the Government, or

the Opposition.

minor party member means a member of Parliament who is a member of a minor party.

Parliamentary Budget Officer means the Parliamentary Budget Officer appointed by the Presiding Officers under section 6.

parliamentary leader means either of the following—

the Premier,

the Leader of the Opposition.

pre-election budget update statement means the pre-election budget update statement prepared under section 24.

Presiding Officers means (subject to section 4) the President of the Legislative Council and Speaker of the Legislative Assembly.

registered party means a party registered under Part 6 of the Electoral Act 2017.

requesting member means the following members of Parliament who have made, or may make, an election costing request—

a parliamentary leader,

a minor party member,

an independent member.

Secretary means the Secretary of the Department.

State general election does not include a State general election held following the dissolution of the Legislative Assembly, unless the election is to be held after the due date for the election following the expiry of the Legislative Assembly or within 1 month before that due date.

In this Act, a reference to the commencement of the caretaker period is a reference to the day on which the Legislative Assembly is dissolved or expires preceding the holding of a State general election.

For the purposes of this Act, the date a State general election is due to be held is the day fixed for taking the poll at a general election of members of the Legislative Assembly.

A reference in this Act to a member of Parliament includes, during the period that the Legislative Assembly is dissolved or has expired, a reference to a person who was a member of Parliament immediately before that dissolution or expiry.

Notes included in this Act do not form part of this Act.

If a provision of this Act requires or authorises the Presiding Officers to take any action or decide any matter, the provision is taken to require or authorise the Presiding Officers only to take the action jointly or decide the matter jointly.

If the Presiding Officers were both last elected to Parliament as the endorsed candidates of the same registered party (or registered parties that are coalition parties), any such action or decision may only be taken or decided jointly with a deputy Presiding Officer designated by those Presiding Officers who was last elected to Parliament as the endorsed candidate of another registered party.

A reference in subsection (2) to a deputy Presiding Officer includes a reference to an assistant Presiding Officer if all eligible deputy Presiding Officers are absent or acting as the Presiding Officer under the Constitution Act 1902.

Note.

Sections 22G and 31A of the Constitution Act 1902 provide that during the absence from NSW of the President or the Speaker, the Chair of Committees of the Legislative Council (who is also the Deputy President) or the Deputy Speaker of the Legislative Assembly act for the President or the Speaker respectively.

The position of Parliamentary Budget Officer is established as an independent officer of Parliament.

The functions of the Parliamentary Budget Officer are only those conferred by this or any other Act, and there are no implied rights, obligations or immunities arising from that officer being an independent officer of Parliament.

The Presiding Officers are to appoint a person as Parliamentary Budget Officer for each State general election. Each appointment is to take effect on or as soon as practicable after 1 September immediately before the general election is due to be held.

The person appointed as Parliamentary Budget Officer must be a person selected from a list of at least 2 persons recommended by a panel comprising—

the Ombudsman, and

the Information Commissioner, and

the Chairperson of the Independent Pricing and Regulatory Tribunal.

If the Presiding Officers decline to appoint a person from a list of persons recommended by the panel, the panel is required to recommend a further list.

The Parliamentary Budget Officer is to be appointed on a full-time basis. The Parliamentary Budget Officer is not to engage in paid employment outside the duties of the Parliamentary Budget Officer’s office without the approval of the Presiding Officers.

For the State general election due to be held in 2027, despite subsection (1), the appointment of the Parliamentary Budget Officer must take effect on, or as soon as practicable after, 18 August 2026.

The Parliamentary Budget Officer holds office for the period that is specified in the Parliamentary Budget Officer’s instrument of appointment. The period cannot extend for more than 3 months after the holding of the State general election for which the appointment was made.

A person appointed as Parliamentary Budget Officer for a State general election may be re-appointed for a subsequent State general election.

The Presiding Officers may, from time to time, appoint an acting Parliamentary Budget Officer during the absence, or a vacancy in the office, of the Parliamentary Budget Officer, and may at any time revoke any such appointment.

An acting Parliamentary Budget Officer has all the functions of the Parliamentary Budget Officer and is taken to be the Parliamentary Budget Officer.

A person appointed as the acting Parliamentary Budget Officer must be a member of the staff of the Parliamentary Budget Office.

An acting Parliamentary Budget Officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Presiding Officers may from time to time determine.

The office of the Parliamentary Budget Officer becomes vacant if the Parliamentary Budget Officer—

dies, or

completes a term of office, or

resigns the office by instrument in writing addressed to the Presiding Officers, or

is removed from office by the Presiding Officers under this section, or

becomes personally insolvent, or

becomes a mentally incapacitated person, or

is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

The Presiding Officers may remove the Parliamentary Budget Officer from office for misbehaviour, incapacity or incompetence.

If the office of the Parliamentary Budget Officer becomes vacant before the Parliament Budget Officer’s duties with respect to the State general election for which the Parliament Budget Officer was appointed have been completed, the Presiding Officers are to appoint a person to fill the vacancy for the balance of the predecessor’s term of office.

The Parliamentary Budget Officer is entitled to be paid—

remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and

such travelling and subsistence allowances as the Presiding Officers may from time to time determine.

Parliamentary staff may be employed by the Presiding Officers to assist the Parliamentary Budget Officer to exercise the Parliamentary Budget Officer’s functions. Those staff comprise the Parliamentary Budget Office.

The members of staff of the Parliamentary Budget Office are under the joint control of the Presiding Officers.

However, directions to the members of that staff in relation to the exercise of the functions of the Parliamentary Budget Officer may only be given by—

the Parliamentary Budget Officer, or

another member of staff of the Parliamentary Budget Office authorised to do so by the Parliamentary Budget Officer.

The Parliamentary Budget Officer may engage consultants to assist the Parliamentary Budget Officer in the exercise of the Parliamentary Budget Officer’s functions.

Any such consultant is taken, for the purposes of this Act, to be a member of staff of the Parliamentary Budget Office.

The Parliamentary Budget Officer has the functions conferred by or under Part 4 in respect of the preparation of election policy costings.