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Bill homepage (legislation.vic.gov.au)The purposes of this Act are to—
provide a framework for good governance in the administration of the Parliament of Victoria;
S. 1(b) substituted by No. 80/2006 s. 6(1), repealed by No. 74/2009 s. 16(1).
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S. 1(c) repealed by No. 80/2006 s. 6(1).
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Sections 1, 38, 39, 42 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
Section 50 is deemed to have come into operation on 21 December 2004.
Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision of this Act (other than sections 1, 38, 39, 42, 50 and this section) does not come into operation before 1 July 2005, it comes into operation on that day.
The objects of this Act are—
to promote the highest standards of governance in the administration of the Parliament of Victoria;
to establish values and principles to guide conduct and performance within Parliamentary administration;
to ensure that employment decisions in Parliamentary administration are based on merit;
S. 3(ca) inserted by No. 80/2006 s. 6(2), repealed by No. 74/2009 s. 16(2).
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to promote the highest standards of integrity and conduct for Parliamentary officers.
In this Act—
appropriate Department Head means—
in relation to a Department—the Department Head; or
in relation to a Parliamentary officer—the Head of the Department in which that officer is employed;
Assembly means the Legislative Assembly of Victoria;
Council means the Legislative Council of Victoria;
Department means a Department existing by virtue of section 7;
Department Head means a person employed as a Head of a Department under Division 2 of Part 3;
Parliament means the Parliament of Victoria;
S. 4(1) def. of Parliamentary Budget Officer inserted by No. 27/2017 s. 60(a).
Parliamentary Budget Officer has the same meaning as in the Parliamentary Budget Officer Act 2017;
S. 4(1) def. of Parliamentary officer amended by No. 27/2017 s. 60(b).
Parliamentary officer means a person employed under Part 3 in any capacity and includes a Department Head other than the Parliamentary Budget Officer;
President means President of the Council;
S. 4(1) def. of presiding officer inserted by No. 37/2013 s. 11.
presiding officer means—
in relation to the Legislative Council—the President; and
in relation to the Legislative Assembly—the Speaker;
public entity has the same meaning as in the Public Administration Act 2004;
public official has the same meaning as in the Public Administration Act 2004;
S. 4(1) def. of Public Sector Standards Commis-sioner repealed by No. 6/2014 s. 17(1)(a).
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public service body has the same meaning as in the Public Administration Act 2004;
relevant Presiding Officer means—
the President, in the case of the Clerk of the Legislative Council or any other Parliamentary officer employed in the Department of the Legislative Council;
the Speaker, in the case of the Clerk of the Legislative Assembly or any other Parliamentary officer employed in the Department of the Legislative Assembly;
the President and the Speaker, in the case of the Secretary of, or any other Parliamentary officer employed in, the Department of Parliamentary Services;
Speaker means Speaker of the Assembly;
S. 4(1) def. of third party amended by Nos 6/2014 s. 17(1)(b), 5/2019 s. 81(3).
third party has the same meaning as in the Parliamentary Salaries, Allowances and Superannuation Act 1968;
S. 4(1) def. of Victorian Public Sector Commission inserted by No. 6/2014 s. 17(1)(c).
Victorian Public Sector Commission means the Victorian Public Sector Commission established under section 37 of the Public Administration Act 2004.
In this Act—
a reference to a function includes a reference to a power, authority and duty; and
a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
The following are the values for Parliamentary officers—
responsiveness—Parliamentary officers should demonstrate responsiveness by—
providing frank, impartial and timely advice to the Parliament; and
providing high quality services to the Victorian community; and
identifying and promoting best practice;
integrity—Parliamentary officers should demonstrate integrity by—
being honest, open and transparent in their dealings; and
using powers responsibly; and
reporting improper conduct; and
avoiding any real or apparent conflicts of interest; and
striving to earn and sustain public trust of a high level;
impartiality—Parliamentary officers should demonstrate impartiality by—
making decisions and providing advice on merit and without bias, caprice, favouritism or self-interest; and
acting fairly by objectively considering all relevant facts and fair criteria;
accountability—Parliamentary officers should demonstrate accountability by—
working to clear objectives in a transparent manner; and
accepting responsibility for their decisions and actions; and
seeking to achieve best use of resources; and
submitting themselves to appropriate scrutiny;
respect—Parliamentary officers should demonstrate respect for members of Parliament, colleagues, other public officials and members of the Victorian community by—
treating them fairly and objectively; and
ensuring freedom from discrimination, harassment and bullying; and
using their views to improve outcomes on an ongoing basis;
leadership—Parliamentary officers should demonstrate leadership by actively implementing, promoting and supporting these values.
Subject to subsection (3), a Department Head must promote the values set out in subsection (1) to Parliamentary officers employed in the Department and ensure that any statement of values adopted or applied by the Department is consistent with those values.
Nothing in subsection (1)—
creates in any person any legal right or gives rise to any civil cause of action; or
affects the rights or liabilities of a Parliamentary officer or the application to him or her, as a public official, of the public sector values within the meaning of the Public Administration Act 2004.
Department Heads must establish employment processes that will ensure that—
employment decisions are based on merit; and
Parliamentary officers are treated fairly and reasonably; and
equal employment opportunity is provided; and
Parliamentary officers have a reasonable avenue of redress against unfair or unreasonable treatment.
The Parliament has the following administrative Departments—
the Department of the Legislative Council;
the Department of the Legislative Assembly;
the Department of Parliamentary Services.
There continues to be an office of Clerk of the Parliaments.
The Governor in Council, on the recommendation of the President and the Speaker, may appoint the Clerk of the Legislative Council or the Clerk of the Legislative Assembly to hold the office of Clerk of the Parliaments.
The Governor in Council, on the recommendation of the President, may appoint a person as Clerk of the Legislative Council.
The Clerk of the Legislative Council is entitled to be paid the same salary and allowances as are from time to time payable to the Clerk of the Legislative Assembly or would have been so payable had the Clerk of the Legislative Assembly's remuneration not been reduced under section 16.
The Clerk of the Legislative Council—
may resign by notice in writing delivered to the Governor in Council;
ceases to hold office if he or she—
resigns; or
is dismissed under section 16; or
has his or her services dispensed with under section 17.
For the purposes of this Act the Clerk of the Legislative Council is the Department Head of the Department of the Legislative Council.
The Governor in Council, on the recommendation of the Speaker, may appoint a person as Clerk of the Legislative Assembly.
The Clerk of the Legislative Assembly is entitled to be paid the salary and allowances that are from time to time fixed by the Governor in Council.
The Clerk of the Legislative Assembly—
may resign by notice in writing delivered to the Governor in Council;
ceases to hold office if he or she—
resigns; or
is dismissed under section 16; or
has his or her services dispensed with under section 17.
For the purposes of this Act the Clerk of the Legislative Assembly is the Department Head of the Department of the Legislative Assembly.
Subject to this Act, the employment of the Secretary of the Department of Parliamentary Services is governed by a contract of employment between the Secretary and the President and the Speaker.
A contract must be in writing and be signed by or on behalf of the President and the Speaker and the Secretary.
A contract must specify the date on which it expires which must not be more than 4 years after the date on which it comes into force.
A contract must provide for the Secretary to be entitled to be paid the same salary and allowances as are from time to time payable to the Clerk of the Legislative Council and the Clerk of the Legislative Assembly or would have been so payable had such a Clerk's remuneration not been reduced under section 16.
A contract of employment may be varied at any time by a further contract between the parties but its term may not be increased beyond 4 years nor the amount of salary or allowances payable under it be increased beyond that provided by subsection (4).
If, at the time of entering into a contract of employment, the Secretary held the office of Secretary, then the contract constitutes a new instrument of appointment, and replaces any earlier instrument of appointment, for the purposes of this and any other Act.
For the purposes of this Act the Secretary of the Department of Parliamentary Services is the Department Head of that Department.
A Department Head is responsible to the relevant Presiding Officer for the general conduct and the effective, efficient and economical management of the functions and activities of the Department and must advise the relevant Presiding Officer in all matters relating to the Department.
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