Function and powers of the Compliance Officer
28 Function and powers of the Compliance Officer
S. 28(1) amended by No. 5/2019 s. 82(2)(a).
The function of the Compliance Officer is to hear and determine appeals under sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968.
In performing the function of the Compliance Officer, the Compliance Officer—
may seek and receive written or oral statements; and
is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that the Compliance Officer adopts the rules of evidence or any practices or procedures; and
S. 28(2)(c) amended by No. 5/2019 s. 82(2)(a).
subject to this section and sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968, may inform themselves as they see fit; and
S. 28(2)(d) amended by No. 5/2019 s. 82(2)(b).
must conduct a proceeding as expeditiously and with as little formality and technicality as the requirements of the Parliamentary Salaries, Allowances and Superannuation Act 1968 and a proper consideration of the appeal permit.
The Compliance Officer is not subject to the direction or control of any person, including the Minister, in the performance of the function of the Compliance Officer.
The function of the Compliance Officer is to be performed—
by the primary Compliance Officer; or
if the primary Compliance Officer is unable to hear an appeal, by the secondary Compliance Officer.
S. 28(5) amended by No. 5/2019 s. 82(2)(a).
A reference in this Act and sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968 to the Compliance Officer is a reference to whichever of the primary Compliance Officer or the secondary Compliance Officer is hearing the appeal.
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