Alert Digest No. 2 of 1996
4 June 1996

PARLIAMENT HOUSE COMPLETION AUTHORITY BILL

1.1

This Bill was introduced into the Legislative Assembly on 30 May 1996 by the Honourable Jeff Kennett MP with the Honourable Pat McNamara MP.

1.2

The purposes of the Bill are:-

• to establish an Authority to control the improvement, refurbishment, alteration, extension and completion of Parliament House;
• to abolish the Public Bodies Review Committee and change the names and functions of two other Parliamentary Committees;

1.3 Part 2 - Establishment of the Authority

Part 2 establishes the Authority. Members of the Authority are appointed by the Governor in Council. New clauses 7 to 14 relate to the term of office, vacancies, proceedings, disclosure of interests and remuneration. New clause 15 sets out the functions of the Authority. New clause 16 sets out the Authority's powers. New clause 18 is the delegation provision. New clause 21 requires the preparation of an annual budget. No money is to be spent except in accordance with the budget approved by the relevant Minister and Treasurer. New clause 22 is the regulation making provision. New clause 23 sets out the powers and duties of the House Committee.

1.4 Part 4 - Other amendments

Clauses 24 and 25 change the name of two Parliamentary committees. Clause 26 abolishes the Public Bodies Review Committee. Clause 27 amends the Parliamentary Committees Act 1968 to remove references to the dissolution of the Legislative Council. Clauses 28 to 30 make consequential amendments.

The Committee makes no further comment.

PUBLIC SECTOR MANAGEMENT AND PARLIAMENTARY OFFICERS (AMENDMENT) BILL

2.1

This Bill was first introduced into the Legislative Assembly on 1 November 1995 by the Honourable Jeff Kennett MP with the Honourable Pat McNamara MP. The Bill introduced in November 1995 is known as "Bill No.1". The Scrutiny of Acts and Regulations Committee reported on Bill No.1 in Alert Digests No's 13 and 14 of 1995 on 14 and 21 November 1995 respectively.

2.2

The Committee's reports are set out: -

ALERT DIGEST NO.13 OF 1995 - 14 November 1995 - "Bill No.1"

PUBLIC SECTOR MANAGEMENT AND PARLIAMENTARY OFFICERS (AMENDMENT) BILL

17.1

This Bill was introduced into the Legislative Assembly on 1 November 1995 by the Honourable Jeff Kennett MP with the Honourable Pat McNamara MP.

17.2

The Bill amends a number of Acts. In particular, it amends the Public Sector Management Act 1992 to improve the administration of that Act; and

• to amend the Parliamentary Officers Act 1975 to make new provisions in relation to the appointment and employment of parliamentary officers; and
• to amend the Ombudsman Act 1973 in relation to the functions of the Deputy Ombudsman; and
• to amend the Parliamentary Salaries and Superannuation Act 1968; and
• to make consequential amendments to the Employee Relations Act 1992.

17.3 Part 2 - Public Sector Management Act 1992

Clause 4 applies the merit and notification provisions to fixed term, temporary and casual employees. Clause 5 amends the period of notice provisions. Clause 6 amends section 49. It repeals the provision which provides the entitlement of an executive officer to approved leave with pay. The Committee has written to the Minister seeking further explanation as to the operation of the provision and the effect of new sub-section (5).

Clause 7 makes provision for the holders of prerogative offices and allows those offices to be declared authorities under Part 8 of the Public Sector Management Act 1992. Clause 8 substitutes the reference to 'Administrative Officer (AM8)' with 'Victorian Public Service Officer (VPS4)'. Clause 9 amends section 79 to make further provision in relation to excessive salaries. Clause 10 inserts new section 81AA which governs transfer conditions. Clause 11 includes 'judicial employees' to the application of the Employee Relations Act 1992. Clause 12 inserts new Part 9B which provides for judicial employees.

17.4 Part 3 - Parliamentary Officers Act 1975

Clause 15 substitutes new sections 5,6 and 6A which provide for the Clerk of the Parliaments, Department heads and offices in a department. Under the new provision the Speaker and the President may create, abolish or otherwise deal with any officer in their respective departments. They must also determine the work value and remuneration applicable to each office. The Committee notes the comments in the Second Reading Speech:-

"Part 3 of the Bill will allow for a more appropriate treatment of the functions currently performed by the Governor in Council. This involves transferring many of the Governor in Council's functions to the presiding officers and providing the function of making recommendations to the relevant department head.

Following the enactment of the Bill, the creation and abolition of positions, the determination of the work value and remuneration of offices and making appointments to offices other than that of department head will be the function of the relevant presiding officer acting upon the recommendation of the relevant department head."

Clause 16 substitutes new section 7 which provides for the appointment of officers. Clause 17 substitutes new section 8 which sets out the matters to be taken into account in respect of the recommendations for a particular position. Clauses 19 and 20 substitute new sections 10 and 11 which govern the transfer of an officer to the Public Service and the dismissal of an officer of the Parliament. Clause 22 inserts new sections 12A,B,C,D and E. New section 12E limits the jurisdiction of the Supreme Court. This is discussed later at 17.6.

Clause 23 amends the regulation making provisions. Additional provisions allow regulations to be made with respect to procedures for dealing with personal grievances and discipline. Clause 24 inserts new sections 14, 15,16 and 16A which establish a discipline procedure for department heads. The Governor in Council may appoint a Board of Inquiry. Clause 26 is a transitional provision.

17.5 Part 4 - Ombudsman Act 1973
Part 5 - Parliamentary Salaries and Superannuation Act 1968
Part 6 - Employee Relations Act 1992

Clause 27 allows for the appointment of an acting Ombudsman where there is a vacancy in the office. It also allows for the appointment of an acting Deputy Ombudsman where there is a vacancy in that office. Clause 28 vests the responsibilities, powers, authorities and duties of the Deputy Ombudsman in the Ombudsman during any period where there is a vacancy in the office. Clause 29 amends a reference. Clause 30 makes consequential amendments to the Employee Relations Act 1992 in relation to its application.

17.6 Variation of Section 85 of the Constitution Act 1975 (Section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968)

Clause 13 inserts new sub-section (4) which declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from entertaining actions for compensation in respect of which the Act, as amended by the Public Sector Management and Parliamentary Officers (Amendment) Act 1995 provides that no compensation is payable. The Committee notes the comments in the Second Reading Speech:-

"Clause 22 introduces a number of provisions into the Parliamentary Officers Act. One of those provisions, proposed section 12E provides that it is the intention of that section to vary or alter section 85 of the Constitution Act 1975. This provision precludes the Supreme Court from entertaining applications for prerogative relief where those applications are prohibited by the Parliamentary Officers Act as amended by the Bill. The provision also precludes the Supreme Court from entertaining any action relating to a complaint under the Equal Opportunity Act 1995 where a person has chosen another venue of review in relation to that matter under the Parliamentary Officers Act as amended by the Bill.

The reasons for limiting the jurisdiction of the Supreme Court by clause 22 are these. The main purpose of Part 3 of the Bill is to improve the administration of the Parliamentary Officers Act. To this end, and in the interests of increased efficiency it allows for employment conditions under the Act to be more flexible. A multiplicity of appeals and review processes and the delays which follow from them, tends to reduce the efficient operation of the Parliament and make employment conditions less flexible. It is for this reason that prerogative remedies have been excluded in relation to certain employment related matters and also that a person dissatisfied with the decision under the Act as amended by the Bill may choose only one forum of appeal or review under the Act or may complain to the Equal Opportunity Board but cannot choose all of these forums.

Clause 13 introduces a new sub-section into the Public Sector Management Act , section 105(4). That provision also provides that it is the intention of that section to alter or vary section 85 of the Constitution Act . That provision precludes the Supreme Court from entertaining actions for compensation where the Public Sector Management Act as amended by the Bill provides that no compensation is payable.

The reason for limiting the jurisdiction of the Supreme Court by clause 13 is as follows. The main purpose of Part 2 of the Bill is to improve the administration of the Public Sector Management Act. The Bill provides in part for the termination of employment in the public sector in certain circumstances. It would reduce the effectiveness of the Act if compensation were payable or action could be entertained in relation to these matters."

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances."

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