Parliament (Joint Services) Act 1985

This Act may be cited as the Parliament (Joint

Services) Act 1985.

In this Act, unless the contrary intention appears—

chief officer, in relation to a division of the joint parliamentary service, means a person who is chief officer of that

division by virtue of section 7;

the Committee means the Joint Parliamentary

Service Committee constituted under

Part 2;

Executive Officer for the joint parliamentary service means the person holding or acting in the office of Executive Officer for the joint parliamentary service under

Part 2;

the joint parliamentary service means all persons employed in any capacity under the provisions of this

Act;

officer means a person appointed to an office under this Act (other than Part

2Division 1A) on a permanent, temporary or probationary basis;

permanent officer means an officer who is neither a temporary nor a probationary officer;

Presiding Officer means the President of the

Legislative Council or the Speaker of the House of Assembly;

probationary officer means an officer appointed on probation whose probation has not terminated;

temporary officer means an officer appointed under section 13(1)(a);

working day, in relation to an officer, means a day on which the officer would (if not on leave) ordinarily be required to work.

A reference in this Act to Parliament House will be taken to include a reference to—

the premises known as Old Parliament House;

and

any land appurtenant to Parliament House or Old Parliament

House.

There shall be a committee entitled the Joint Parliamentary

Service Committee.

The Committee—

shall be a body corporate with perpetual succession and a common seal; and

shall be capable in its corporate name of acquiring, holding, dealing with and disposing of real and personal property; and

shall be capable of acquiring or incurring any other rights or liabilities, and of suing and being sued; and

shall have the powers, authorities, duties and functions prescribed by or under this Act.

The Committee shall consist of the following members:

the President of the Legislative Council; and

the Speaker of the House of Assembly; and

two members of the Legislative Council appointed by the Legislative

Council, of whom one shall be appointed from the group led by the Leader of the

Government and one appointed from the group led by the Leader of the Opposition in the Legislative Council; and

two members of the House of Assembly appointed by the House of

Assembly, of whom one shall be appointed from the group led by the Premier and one appointed from the group led by the Leader of the Opposition in the House of Assembly.

Alternate members of the Committee shall be appointed as follows:

the Legislative Council—

shall appoint a member of the Legislative Council to be the alternate member of the Committee to the President; and

upon appointing a member of the Committee under subsection (3)(c), shall appoint another member of the

Legislative Council (from the same group) to be an alternate member of the

Committee to that member; and

the House of Assembly—

shall appoint a member of the House of Assembly to be the alternate member of the Committee to the Speaker; and

upon appointing a member of the Committee under subsection (3)(d), shall appoint another member of the

House of Assembly (from the same group) to be an alternate member of the

Committee to that member.

An alternate member of the Committee may act as a member of the

Committee in the absence of the member in respect of whom the alternate member has been appointed.

A member appointed by the Legislative Council or the House of

Assembly shall, subject to any resolution to the contrary by the appropriate

House of Parliament, hold office until the first day that Parliament sits following the next general election of members of the House of Assembly and shall then (assuming that the member remains a member of the Parliament) be eligible for re-appointment.

Four members of the Committee shall constitute a quorum of the

Committee, of whom—

at least two must be members of the Legislative Council, one being a member of the group led by the Leader of the Government and one being a member of the group led by the Leader of the Opposition in the Legislative

Council (and for the purposes of this paragraph the President of the

Legislative Council may be regarded as being a member of a group);

and

at least two must be members of the House of Assembly, one being a member of the group led by the Premier and one being a member of the group led by the Leader of the Opposition in the House of Assembly (and for the purposes of this paragraph the Speaker of the House of Assembly may be regarded as being a member of a group).

Each member of the Committee who is present at a meeting of the

Committee shall be entitled to one vote on any question that arises for decision by the Committee (and the chairman of the Committee shall not have a second or casting vote).

Subject to this Act, a decision supported by a majority of the votes cast by the members present at a meeting of the Committee shall be a decision of the Committee.

Subject to subsection (11), the Committee shall, on the commencement of this section, be chaired first by the most senior Presiding

Officer, then by the other Presiding Officer, and so on in alternation, each acting for an alternate calendar year.

Subsection (10) is subject to the following qualifications:

if on the commencement of this section both Presiding Officers have held office for the same period, the Committee shall be chaired first by the

President of the Legislative Council;

the Presiding Officer first appointed as the chairman of the

Committee in accordance with subsection (10) shall continue as chairman until the thirty-first day of December, 1986.

In the absence of the chairman the other Presiding Officer shall chair a meeting of the Committee or, in the absence of the chairman and the other Presiding Officer, the members present shall decide who is to chair the meeting.

The Committee may, if it thinks fit, appoint sub-committees to deal with any matter or class of matters relevant to the performance of its functions under this Act.

Subject to this Act, the procedures of the Committee and any sub-committee shall be as determined by the

Committee.

The office of Executive Officer for the joint parliamentary service is established.

Subject to this section, the Executive Officer is to be appointed by the Committee on terms and conditions determined by the

Committee.

The salary for the office of Executive Officer is to be determined by the Committee.

The appointment of a person as the Executive Officer may be terminated by the Committee by not less than 3 months notice in writing to the Executive Officer.

Nothing in this section prevents termination of the Executive

Officer's appointment by a shorter period of notice than 3 months provided that, subject to the terms and conditions of appointment, a payment is made to the Executive Officer in lieu of notice of an amount equal to the salary and allowances (if any) that the Executive Officer would have been entitled to receive during the balance of the period of

3 months.

The Committee may appoint a person to act in the office of

Executive Officer during a vacancy in the office or in the absence of the holder of the office.

The Executive Officer is responsible to the Committee for the efficient management of the joint parliamentary service.

The Executive Officer must, at the request of the Committee, and may, on the Executive Officer's own initiative, make a report to the Committee on any aspect of the management or operation of the joint parliamentary service.

The joint parliamentary service is divided into the following divisions:

the Parliamentary Reporting Division;

the Parliamentary Library Division;

the Catering Division;

the Joint Services Division.

For each division of the joint parliamentary service there shall be a chief officer, as follows:

in relation to the Parliamentary Reporting Division—the

Leader of Hansard shall be the chief officer;

in relation to the Parliamentary Library Division—the

Parliamentary Librarian shall be the chief officer;

in relation to the Catering Division—the Catering Manager shall be the chief officer;

in relation to the Joint Services Division—the Executive

Officer for the joint parliamentary service shall be the chief officer.

The purpose of the joint parliamentary service is to provide support and facilities to members of Parliament in undertaking their parliamentary duties.

The chief officer of a division of the joint parliamentary service is responsible to the Executive Officer for the joint parliamentary service for the efficient management of that division.

The Committee may delegate any of its powers or functions—

to a sub-committee appointed by the Committee; or

to the Executive Officer for the joint parliamentary service;

or

to a chief officer.

A power or function delegated under this section may, subject to any conditions of the delegation, be further delegated.

A delegation under this section—

may be absolute or conditional; and

does not derogate from the powers of the delegator;

and

is revocable at will.

The Committee may—

create an office in a division of the joint parliamentary service;

or

abolish an office in a division of the joint parliamentary service.

The Committee shall not abolish an office that is occupied by a permanent officer.

The Committee shall, in accordance with the rules, cause notice of the creation or abolition of an office under this section to be laid before each House of Parliament.

Each office of the joint parliamentary service shall have a classification determined from time to time by the

Committee.

A classification shall fix the salary or limits of salary that are appropriate to the office to which it applies.

For the purposes of this section—

a system of classification that corresponds to one applying to

Public Service employees should be adopted (as far as may be appropriate to the various offices of the joint parliamentary service); and

if the salary or limits of salary that attach to a particular classification applying to Public Service employees are altered, that alteration operates in relation to the corresponding classification under this

Act.

An officer occupying a particular office who is dissatisfied with the classification of that office may apply to the Committee for its reclassification.

On an application under subsection (4), the officer is entitled to be heard personally or by representative.

After hearing an application, the Committee may confirm the existing classification of the office or may reclassify the office.

The Committee shall, in accordance with the rules, cause notice of the classification or reclassification of an office under this section to be laid before each House of Parliament.

The Committee may appoint a person to a vacant office in a division of the joint parliamentary service.

Every person first appointed to an office in a division of the joint parliamentary service shall, unless the Committee otherwise determines, be appointed on probation.

The period of probation shall be for a period fixed by the

Committee.

For the purpose of subsection (3)—

the period of probation shall be for a period not exceeding 2 years; and

a period of probation initially fixed by the Committee may, if the

Committee thinks fit, be extended (but so that the period of probation does not exceed the period of 2 years).

The Committee may, at any time during probation, dispense with the services of a probationary officer.

Every officer appointed under this section to a particular office shall be paid the salary fixed for that office.

The Committee shall, in accordance with the rules, cause notice of the appointment of a person to an office under this section to be laid before each House of Parliament.

Subject to this section, the Committee may—

appoint a person to an office in a division of the joint parliamentary service on a temporary basis;

engage a person to work in a division of the joint parliamentary service at hourly, daily or weekly rates of remuneration.

Where the Committee makes an appointment under subsection (1)(a)—

the appointment shall be for a term not exceeding 12 months;

and

the Committee may, at any time, dispense with the services of the appointee.

The Committee shall, in accordance with the rules, cause notice of the appointment or engagement of a person under this section to be laid before each House of Parliament.