Parliamentary Privilege Act 1898

Parliamentary Privilege Act 1898

This Act may be cited as the Parliamentary Privilege Act 1898.

In this Act –

the President means the President of the Legislative Council;

relevant officer means the Clerk of the House of Assembly, the Clerk of the Legislative Council or the Secretary of the responsible Department in relation to the Constitution Act 1934, as the case may require;

the Speaker means the Speaker of the House of Assembly.

Subject to subsection (3), the Governor may, on the recommendation of the President, appoint officers for the purposes of the Legislative Council.

Subject to subsection (3), the Governor may, on the recommendation of the Speaker, appoint officers for the purposes of the House of Assembly.

The Governor may, on the joint recommendation of the President and the Speaker, appoint officers for the joint purposes of both Houses of Parliament.

The purposes referred to in subsection (3) include the reporting of debates and proceedings of Parliament.

Subject to this section, an officer appointed under section 3 is entitled to – such salary and allowances as are determined in accordance with an award made by the Tasmanian Industrial Commission under the Industrial Relations Act 1984; and such other terms and conditions of service (including leave) as are determined – in the case of an officer appointed under section 3(1), by the President; in the case of an officer appointed under section 3(2), by the Speaker; and in the case of an officer appointed under section 3(3), by the President and the Speaker acting jointly.

The provisions of the State Service Act 2000 do not apply to an officer appointed under section 3.

An officer appointed under section 3 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.

A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of any such House of Parliament, is disqualified from being appointed as an officer under section 3, and, if a person holding office as an officer under that section becomes a candidate for election as such a member, he shall vacate that office.

For the purpose of subsection (1), a person becomes a candidate for election as a member of a House of Parliament when he is nominated for election in accordance with the law regulating the election.

An officer appointed under section 3 may, by writing under his hand addressed to the Governor, apply to resign his office, and, on the acceptance of the application by the Governor, that office is vacated.

The President may appoint such sessional or temporary employees required for the Legislative Council for such period as he thinks necessary.

The Speaker may appoint such sessional or temporary employees required for the House of Assembly for such period as he thinks necessary.

The President and the Speaker acting jointly may appoint such sessional or temporary employees required for both Houses of Parliament for such period as they think necessary.

A person appointed under this section as a sessional or temporary employee is entitled to remuneration at such rates, and to such other terms and conditions of employment (including leave), as the President or the Speaker or, as the case may be, the President and the Speaker may determine in respect of him.

Nothing in this section empowers the President or the Speaker, or the President and Speaker acting jointly, as the case may be, to make an appointment under this section unless Parliament has voted the money necessary for that appointment.

A person appointed as an officer under section 3 or as a sessional or temporary employee under section 4 is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.

Any expenditure out of money provided by an Appropriation Act in relation to Parliament, other than expenditure in relation to the salaries, allowances, and other emoluments of persons appointed and employed under this Act, may be incurred – in the case of expenditure relating to the Legislative Council, on the written authority (either special or general) of the President; in the case of expenditure relating to the House of Assembly, on the written authority (either special or general) of the Speaker; or in the case of expenditure relating to both Houses of Parliament, on the written authority (either special or general) of the President and the Speaker acting jointly.

Either House may make rules providing for the payment to any Member acting on any Select Committee of such House, or on any Joint Committee of both Houses, of such allowances, fees, or emoluments as may be prescribed by those rules.