{"id":"parliament-joint-services-act-1985","name":"Parliament (Joint Services) Act 1985","slug":"parliament-joint-services-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106224,"registerId":"sa-parliament-joint-services-act-1985-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliament (Joint Services) Act 1985","content":"South Australia\nParliament (Joint Services) Act 1985\nAn Act to provide for the appointment and to regulate the conditions of service, of officers who serve both Houses of Parliament; to facilitate the provision of joint services to the Houses of Parliament.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—Administration of the Joint Parliamentary Service\nDivision 1—The Joint Parliamentary Service Committee\n5\tThe Joint Parliamentary Service Committee\nDivision 1A—Executive Officer for the joint parliamentary service\n6\tExecutive Officer for the joint parliamentary service\n6A\tDuties of Executive Officer\nDivision 2—Divisions of the Joint Parliamentary Service\n7\tDivisions of the parliamentary service\nDivision 3—Duties of chief officers\n8\tDuties of chief officers\nDivision 4—Delegation\n9\tDelegation\nPart 3—Appointment and classification and tenure of office\n10\tCreation and abolition of offices\n11\tClassification of offices\n12\tAppointment of persons to offices\n13\tOther appointments to the parliamentary service\n14\tRetirement\n15\tCompulsory retirement on the ground of physical or mental incapacity\n16\tDiscipline\n17\tSuspension from office\nPart 4—Other conditions of service of officers\n18\tRecreation leave\n19\tSick leave\n20\tLong service leave and retention entitlement\n21\tSpecial leave\n22\tDetermination of rights on transition from other employment\n23\tPayment of monetary equivalent of leave to personal representative etc\n24\tApplication of certain Acts\nPart 5—Special provisions for all staff of the Parliament\n25\tSpecial provision for all staff of the Parliament\n26\tCertain officers to constitute advisory committee\n27\tOfficers may be regarded as members of the Public Service in certain situations\nPart 6—Control and management of joint facilities\n28\tPremises under management of Committee\n29\tProvision of meals, refreshments etc\nPart 7—Miscellaneous\n29A\tSmoking prohibited in certain areas\n30\tAllowances and deductions\n31\tPerformance of other duties\n32\tExpenditure of Committee's funds\n33\tSaving provision\n34\tAnnual report\n35\tRules\n36\tRegulations\nSchedule 1—Transitional provisions\n1\tSchedule of officers\n2\tParliamentary reporters\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Parliament (Joint Services) Act 1985.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nchief 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;\nthe Committee means the Joint Parliamentary Service Committee constituted under Part 2;\nExecutive 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;\nthe joint parliamentary service means all persons employed in any capacity under the provisions of this Act;\nofficer means a person appointed to an office under this Act (other than Part 2 Division 1A) on a permanent, temporary or probationary basis;\npermanent officer means an officer who is neither a temporary nor a probationary officer;\nPresiding Officer means the President of the Legislative Council or the Speaker of the House of Assembly;\nprobationary officer means an officer appointed on probation whose probation has not terminated;\ntemporary officer means an officer appointed under section 13(1)(a);\nworking day, in relation to an officer, means a day on which the officer would (if not on leave) ordinarily be required to work.\n\t(2)\tA reference in this Act to Parliament House will be taken to include a reference to—\n\t(a)\tthe premises known as Old Parliament House; and\n\t(b)\tany land appurtenant to Parliament House or Old Parliament House.\nPart 2—Administration of the Joint Parliamentary Service\nDivision 1—The Joint Parliamentary Service Committee\n5—The Joint Parliamentary Service Committee\n\t(1)\tThere shall be a committee entitled the Joint Parliamentary Service Committee.\n\t(2)\tThe Committee—\n\t(a)\tshall be a body corporate with perpetual succession and a common seal; and\n\t(b)\tshall be capable in its corporate name of acquiring, holding, dealing with and disposing of real and personal property; and\n\t(c)\tshall be capable of acquiring or incurring any other rights or liabilities, and of suing and being sued; and\n\t(d)\tshall have the powers, authorities, duties and functions prescribed by or under this Act.\n\t(3)\tThe Committee shall consist of the following members:\n\t(a)\tthe President of the Legislative Council; and\n\t(b)\tthe Speaker of the House of Assembly; and\n\t(c)\ttwo 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\n\t(d)\ttwo 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.\n\t(4)\tAlternate members of the Committee shall be appointed as follows:\n\t(a)\tthe Legislative Council—\n\t(i)\tshall appoint a member of the Legislative Council to be the alternate member of the Committee to the President; and\n\t(ii)\tupon 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\n\t(b)\tthe House of Assembly—\n\t(i)\tshall appoint a member of the House of Assembly to be the alternate member of the Committee to the Speaker; and\n\t(ii)\tupon 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.\n\t(5)\tAn 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.\n\t(6)\tA 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.\n\t(7)\tFour members of the Committee shall constitute a quorum of the Committee, of whom—\n\t(a)\tat 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\n\t(b)\tat 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).\n\t(8)\tEach 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).\n\t(9)\tSubject 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.\n\t(10)\tSubject 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.\n\t(11)\tSubsection (10) is subject to the following qualifications:\n\t(a)\tif 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;\n\t(b)\tthe 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.\n\t(12)\tIn 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.\n\t(13)\tThe 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.\n\t(14)\tSubject to this Act, the procedures of the Committee and any sub-committee shall be as determined by the Committee.\nDivision 1A—Executive Officer for the joint parliamentary service\n6—Executive Officer for the joint parliamentary service\n\t(1)\tThe office of Executive Officer for the joint parliamentary service is established.\n\t(2)\tSubject to this section, the Executive Officer is to be appointed by the Committee on terms and conditions determined by the Committee.\n\t(3)\tThe salary for the office of Executive Officer is to be determined by the Committee.\n\t(4)\tThe 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.\n\t(5)\tNothing 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.\n\t(6)\tThe 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.\n6A—Duties of Executive Officer\n\t(1)\tThe Executive Officer is responsible to the Committee for the efficient management of the joint parliamentary service.\n\t(2)\tThe 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.\nDivision 2—Divisions of the Joint Parliamentary Service\n7—Divisions of the parliamentary service\n\t(1)\tThe joint parliamentary service is divided into the following divisions:\n\t(a)\tthe Parliamentary Reporting Division;\n\t(b)\tthe Parliamentary Library Division;\n\t(c)\tthe Catering Division;\n\t(d)\tthe Joint Services Division.\n\t(2)\tFor each division of the joint parliamentary service there shall be a chief officer, as follows:\n\t(a)\tin relation to the Parliamentary Reporting Division—the Leader of Hansard shall be the chief officer;\n\t(b)\tin relation to the Parliamentary Library Division—the Parliamentary Librarian shall be the chief officer;\n\t(c)\tin relation to the Catering Division—the Catering Manager shall be the chief officer;\n\t(d)\tin relation to the Joint Services Division—the Executive Officer for the joint parliamentary service shall be the chief officer.\n\t(3)\tThe purpose of the joint parliamentary service is to provide support and facilities to members of Parliament in undertaking their parliamentary duties.\nDivision 3—Duties of chief officers\n8—Duties of chief officers\n\t(1)\tThe 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.\nDivision 4—Delegation\n9—Delegation\n\t(1)\tThe Committee may delegate any of its powers or functions—\n\t(a)\tto a sub-committee appointed by the Committee; or\n\t(ab)\tto the Executive Officer for the joint parliamentary service; or\n\t(b)\tto a chief officer.\n\t(2)\tA power or function delegated under this section may, subject to any conditions of the delegation, be further delegated.\n\t(3)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the powers of the delegator; and\n\t(c)\tis revocable at will.\nPart 3—Appointment and classification and tenure of office\n10—Creation and abolition of offices\n\t(1)\tThe Committee may—\n\t(a)\tcreate an office in a division of the joint parliamentary service; or\n\t(b)\tabolish an office in a division of the joint parliamentary service.\n\t(2)\tThe Committee shall not abolish an office that is occupied by a permanent officer.\n\t(3)\tThe 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.\n11—Classification of offices\n\t(1)\tEach office of the joint parliamentary service shall have a classification determined from time to time by the Committee.\n\t(2)\tA classification shall fix the salary or limits of salary that are appropriate to the office to which it applies.\n\t(3)\tFor the purposes of this section—\n\t(a)\ta 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\n\t(b)\tif 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.\n\t(4)\tAn officer occupying a particular office who is dissatisfied with the classification of that office may apply to the Committee for its reclassification.\n\t(5)\tOn an application under subsection (4), the officer is entitled to be heard personally or by representative.\n\t(6)\tAfter hearing an application, the Committee may confirm the existing classification of the office or may reclassify the office.\n\t(7)\tThe 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.\n12—Appointment of persons to offices\n\t(1)\tThe Committee may appoint a person to a vacant office in a division of the joint parliamentary service.\n\t(2)\tEvery person first appointed to an office in a division of the joint parliamentary service shall, unless the Committee otherwise determines, be appointed on probation.\n\t(3)\tThe period of probation shall be for a period fixed by the Committee.\n\t(4)\tFor the purpose of subsection (3)—\n\t(a)\tthe period of probation shall be for a period not exceeding 2 years; and\n\t(b)\ta 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).\n\t(5)\tThe Committee may, at any time during probation, dispense with the services of a probationary officer.\n\t(6)\tEvery officer appointed under this section to a particular office shall be paid the salary fixed for that office.\n\t(7)\tThe 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.\n13—Other appointments to the parliamentary service\n\t(1)\tSubject to this section, the Committee may—\n\t(a)\tappoint a person to an office in a division of the joint parliamentary service on a temporary basis;\n\t(b)\tengage a person to work in a division of the joint parliamentary service at hourly, daily or weekly rates of remuneration.\n\t(2)\tWhere the Committee makes an appointment under subsection (1)(a)—\n\t(a)\tthe appointment shall be for a term not exceeding 12 months; and\n\t(b)\tthe Committee may, at any time, dispense with the services of the appointee.\n\t(3)\tThe 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.\n14—Retirement\n\t(1)\tAn officer who has attained the age of 55 years is entitled to retire from the joint parliamentary service.\n\t(2)\tThe Committee, if satisfied that an officer is physically or mentally unfit to continue in the joint parliamentary service, may allow the officer to retire from the joint parliamentary service on the ground of invalidity.\n15—Compulsory retirement on the ground of physical or mental incapacity\n\t(1)\tWhere, in the opinion of the Committee, a permanent officer is by reason of physical or mental incapacity unable to perform satisfactorily official duties, and the incapacity is of a permanent nature, the Committee may determine that the officer should be retired from the joint parliamentary service and notify the officer accordingly.\n\t(2)\tThe officer may, within 14 days after receiving the notice, lodge with the Committee a written objection to the determination.\n\t(3)\tUpon the receipt of an objection under subsection (2), the Committee shall afford the officer a reasonable opportunity to make representations to it in support of the objection.\n\t(4)\tRepresentations may be made under subsection (3) personally or by representative.\n\t(5)\tWhere an officer does not object to being retired from the joint parliamentary service under this section or the Committee, after considering an objection from the officer and any representations made in its support, remains of the opinion that the officer should be retired from the joint parliamentary service, the Committee may retire the officer from the joint parliamentary service.\n16—Discipline\n\t(1)\tIf a permanent officer—\n\t(a)\tcommits a breach of this Act or any other Act that applies by virtue of the officer's official position; or\n\t(b)\tis guilty of an indictable offence; or\n\t(c)\tis sentenced to imprisonment for an offence; or\n\t(d)\twilfully disobeys or disregards an order given by a person having authority to make the order; or\n\t(e)\tby word or conduct displays insubordination; or\n\t(f)\tis negligent, careless or indolent in the discharge of official duties; or\n\t(g)\tbehaves in a disgraceful, improper or unbecoming manner that reflects upon the joint parliamentary service; or\n\t(h)\tis absent from duty without reasonable excuse; or\n\t(i)\tdirectly or indirectly discloses confidential information acquired in the course of official duties otherwise than in the discharge of those duties; or\n\t(j)\tmakes, without permission of the Committee, any communication relating to the joint parliamentary service where it is reasonable to expect that the communication is likely to be published by any part of the media,\nthe officer shall be liable to disciplinary action under this section.\n\t(2)\tWhere an officer is liable to disciplinary action under this section, the Committee may exercise any of the following powers:\n\t(a)\tit may forfeit an entitlement of the officer to recreation leave; or\n\t(b)\tit may require the officer to pay to the General Revenue of the State a fine not exceeding $1 000; or\n\t(c)\tit may—\n\t(i)\treduce the salary of the officer; or\n\t(ii)\ttransfer the officer to an office with a lower classification; or\n\t(iii)\tdismiss the officer from the joint parliamentary service.\n\t(3)\tBefore the Committee exercises a power under subsection (2), it shall notify the officer of the circumstances by reason of which the officer is alleged to be liable to disciplinary action.\n\t(4)\tThe officer may, within 14 days of receiving the notice, lodge with the Committee a written objection to the taking of disciplinary action (denying, if the officer thinks fit, a liability to disciplinary action).\n\t(5)\tUpon receipt of an objection under subsection (4), the Committee shall afford the officer a reasonable opportunity to make representations in support of the objection.\n\t(6)\tRepresentations may be made under subsection (5) personally or by representative.\n\t(7)\tWhere an officer does not object to disciplinary action being taken under this section or the Committee, after considering an objection from the officer and any representations made in its support, remains of the opinion that disciplinary action should be taken, the Committee may discipline the officer.\n\t(8)\tBefore disciplining an officer the Committee shall, if the officer so desires, afford the officer a reasonable opportunity to make representations (personally or by representative) as to the disciplinary action that should be taken.\n17—Suspension from office\n\t(1)\tThe Committee may suspend an officer charged with a serious offence from office until the charge has been heard and determined.\n\t(2)\tAn officer shall, unless the Committee otherwise determines, be entitled to salary during the period of suspension.\n\t(3)\tWhere the Committee determines that a suspended officer should not receive salary during a period of suspension but the officer is found not guilty of the offence, the officer shall be paid full salary in respect of the period of suspension.\n\t(4)\tIn this section—\nserious offence means an indictable offence or an offence punishable by imprisonment of one year or more.\nPart 4—Other conditions of service of officers\n18—Recreation leave\n\t(1)\tAn officer's entitlement to recreation leave shall accrue at the rate of 20 working days recreation leave for each year of service and a proportionate entitlement to recreation leave shall accrue in respect of each month of service.\n\t(2)\tWhere, in the opinion of the Committee, there are special reasons for increasing an officer's entitlement to recreation leave, the Committee may increase the entitlement by such amount not exceeding 5 working days in each year as the Committee thinks fit.\n\t(3)\tSubject to subsection (4)—\n\t(a)\tan officer may take recreation leave in respect of a particular financial year at any time during that financial year; and\n\t(b)\tan officer must take recreation leave that has accrued in respect of a particular financial year before the expiration of the next financial year.\n\t(4)\tSubsection (3) is subject to the following qualifications:\n\t(a)\trecreation leave may be taken only at such times as the Committee may approve; and\n\t(b)\twhere recreation leave is taken by an officer who ceases to be employed in the joint parliamentary service before the accrued entitlement to recreation leave equals or exceeds the number of days of recreation leave actually taken, the officer shall pay to the General Revenue of the State a sum calculated by the Committee as being the monetary equivalent of recreation leave taken in excess of the accrued entitlement; and\n\t(c)\tthe Committee may extend the period within which an officer must take recreation leave under subsection (3)(b) if it is satisfied that there are special reasons justifying such an extension.\n\t(5)\tAn officer shall, unless the Committee otherwise directs, take recreation leave on every day (not being a Saturday, Sunday or public holiday) falling between Christmas Day of each year and New Years Day of the following year.\n\t(6)\tAn officer who fails to take recreation leave as required by or under this section shall forfeit the entitlement to that leave.\n\t(7)\tWhere a person ceases for any reason to be an officer before taking recreation leave which has accrued under this section, that person shall be entitled to the monetary equivalent of that leave.\n19—Sick leave\n\t(1)\tAn officer's entitlement to sick leave shall accrue at the rate of 12 working days sick leave for each year of service.\n\t(2)\tAn officer's entitlement to sick leave shall be credited as follows:\n\t(a)\tat the commencement of the officer's service a number of working days sick leave equivalent to the number of complete months intervening between the date of commencement of service and the first day of July next ensuing shall be credited; and\n\t(b)\ton that first day of July and on the first day of July in each succeeding year an entitlement to a further 12 working days sick leave shall be credited.\n\t(3)\tIn the case of illness or other pressing necessity, the Committee may, subject to the rules, approve the taking of sick leave by an officer for a period not exceeding the period of sick leave currently credited to the officer and, in that event, the period credited shall be reduced by the period of that leave.\n20—Long service leave and retention entitlement\n\t(1)\tAn officer shall be entitled to long service leave calculated as follows:\n\t(a)\tin respect of the first 10 years of service—90 days leave;\n\t(b)\tin respect of each subsequent year of service—9 days leave.\n\t(1a)\tAn officer who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows:\n\t(a)\tfor each month of effective service completed during the 2012/2013 financial year—⅙ working days leave;\n\t(b)\tfor each month of effective service completed during the 2013/2014 financial year—¼ working days leave;\n\t(c)\tfor each month of effective service completed on or after 1 July 2014—⅓ working days leave.\n\t(2)\tAn officer may choose to take long service leave at half pay and, in that event, shall be entitled to twice the number of days leave.\n\t(3)\tSubject to subsection (4), long service leave to which an officer is entitled shall be taken at such times and in such periods as the Committee may approve.\n\t(4)\tLong service leave may not be taken for a period of less than 2 weeks.\n\t(5)\tEvery day falling on or after the commencement of a period of long service leave shall be counted as a day of that leave until the period for which the leave was granted is exhausted.\n\t(6)\tWhere a person ceases for any reason to be an officer before taking accrued long service leave, that person shall be entitled, in lieu of that leave, to a sum ascertained in accordance with the following formula:\n\nWhere—\nP is the amount payable:\nS is an amount arrived at by dividing the annual remuneration of the officer immediately before the cessation of service by 365:\nD is the number of days long service leave on full pay to which the officer would have been entitled in respect of completed years of service if the long service leave had commenced on the date of cessation of service:\nA is the number of additional days long service leave to which the officer would have been entitled if a further year of service had been completed:\nM is—\n\t(a)\twhere the period of the officer's service is not divisible exactly into complete years—the number of complete months (if any) in the remainder;\n\t(b)\twhere the period of the officer's service is divisible into complete years with no remainder or a remainder of less than 1 month—zero.\n\t(6a)\tDespite subsections (3) to (6), the following provisions will apply in relation to a skills and experience retention leave entitlement:\n\t(a)\tthe Committee may make a determination under which the accrual of the entitlement will be calculated instead as a number of working hours leave for each completed month of effective service;\n\t(b)\tan entitlement to skills and experience retention leave accrued during a particular financial year may be converted to an entitlement to a monetary amount fixed by the regulations in accordance with a scheme prescribed by the regulations;\n\t(c)\ta skills and experience retention leave entitlement is to be taken (depending on the amount of such leave accrued) as 1 or more whole working days of leave and accordingly—\n\t(i)\tsubsection (4) will not apply in relation to a skills and experience retention leave entitlement; and\n\t(ii)\tsubsection (5) will apply in relation to a skills and experience retention leave entitlement as if it were referring to a working day;\n\t(d)\ta skills and experience retention leave entitlement that is not taken within 5 years of the end of the financial year in which it accrues will be lost (and a sum equal to the monetary value of any entitlement that is lost will not be payable) and accordingly—\n\t(i)\tsubsection (6) will apply in relation to a skills and experience retention leave entitlement subject to the operation of this paragraph; and\n\t(ii)\tsubsection (6) will apply on the basis that a part of a day constituted by a skills and experience retention leave entitlement (unless lost) may be taken into account;\n\t(e)\tthe Committee may, by determination, make any other provision in relation to the granting or taking of skills and experience retention leave.\n\t(7)\tWhere a person ceases to be an officer after completing not less than 7 years service but before becoming entitled to long service leave under this Act, that person shall be entitled to a sum representing pro rata long service leave, ascertained in accordance with the following formula:\n\nWhere—\nP is the amount payable:\nS is an amount arrived at by dividing the annual remuneration of the officer immediately before the cessation of service by 365:\nD is the number of complete years in the period of the officer's service:\nM is—\n\t(a)\twhere the period of the officer's service is not divisible exactly into complete years—the number of complete months (if any) in the remainder;\n\t(b)\twhere the period of the officer's service is divisible into complete years with no remainder or a remainder of less than 1 month—zero.\n\t(8)\tThe regulations may—\n\t(a)\tprescribe a process for electing to convert an accrued entitlement to skills and experience retention leave to a monetary amount; and\n\t(b)\tfix different monetary amounts according to different classes or categories of officers.\n\t(9)\tA regulation under subsection (8) will be made on the recommendation of the Treasurer.\n\t(10)\tThe Treasurer must, in making a recommendation under subsection (9), apply the principle that a monetary amount fixed by the regulations must be consistent with any corresponding regulations applying under the Public Sector Act 2009.\n\t(11)\tIn this section—\neffective service of an officer means the period of the officer's continuous service under this Act.\n21—Special leave\n\t(1)\tThe Committee may grant special leave to an officer for any reason that, in the opinion of the Committee, justifies the grant of such leave.\n\t(2)\tSubject to subsection (4), special leave may be granted with or without remuneration, and for any period that the Committee thinks fit.\n\t(4)\tAn officer is entitled to accouchement leave on the same terms and conditions as apply to officers of the Public Service of the State.\n\t(5)\tSpecial leave without remuneration shall count as service for the purposes of this Act only to such extent (if any) and for such purposes (if any) as may be determined by the Committee.\n22—Determination of rights on transition from other employment\n\t(1)\tWhere a person is appointed as an officer under this Act, the Committee may determine—\n\t(a)\tthat rights to recreation leave, sick leave, long service leave and accouchement leave that had accrued to the appointee in previous employment should be treated as if they had accrued under this Act; and\n\t(b)\tthat service by the appointee in previous employment should be treated in a manner and to an extent determined by the Committee as service under this Act for the purpose of determining the rights of the appointee to recreation leave, sick leave, long service leave or accouchement leave, or in respect of superannuation.\n\t(2)\tA determination under subsection (1) shall have effect in accordance with its terms.\n\t(3)\tA determination under subsection (1) may be made upon such conditions as the Committee thinks fit.\n\t(4)\tNotwithstanding subsection (1), where an officer appointed under this Act commences service as such within 3 months immediately following cessation of service as—\n\t(a)\tan officer of the Public Service of the State; or\n\t(b)\tan employee of the State otherwise than as an officer; or\n\t(c)\tan employee of a prescribed person, or of a person of a prescribed class,\nthen, for the purposes of determining rights to recreation leave, sick leave, long service leave and accouchement leave under this Act, service in that previous employment (whether before or after the commencement of this Act) shall, subject to such conditions as the Committee thinks fit, be deemed to be service as an officer under this Act.\n23—Payment of monetary equivalent of leave to personal representative etc\n\t(1)\tWhere an officer dies without having taken all the accrued recreation leave and long service leave, the monetary equivalent of such leave standing to the officer's credit on the date of death shall be payable as if it were a debt that had become due to the officer immediately before death.\n\t(2)\tWhere an officer dies before becoming entitled to long service leave, but after completing 7 or more years service, the monetary sum representing pro rata long service leave to which the officer would have been entitled on resignation shall be payable as if it were a debt that had become due to the officer immediately before death.\n\t(3)\tThe Committee may, in its discretion, direct that the whole or a part of an amount payable under subsection (1) or (2) shall be paid to a dependant of the deceased officer or divided amongst dependants of the deceased officer.\n\t(4)\tThe Committee may refuse to give a direction under subsection (3) unless such indemnities or undertakings as it thinks necessary are given.\n\t(5)\tNo action lies against the Committee or the Crown in respect of a payment made pursuant to subsection (3).\n\t(6)\tNothing in this section shall relieve a person receiving money paid pursuant to subsection (3) from any liability to account for or apply such money in accordance with law.\n\t(7)\tIn this section—\ndependant means a person who was wholly or partly dependent on the earnings of a deceased officer immediately before the officer's death.\n24—Application of certain Acts\n\t(2)\tSubject to this section, the provisions of the Equal Opportunity Act 1984 extend to the employment of any person in any capacity under this Act and apply as if a person so employed were an employee as defined in that Act and the Committee the employer.\n\t(3)\tSubject to this section, the provisions of the Fair Work Act 1994, and of the Return to Work Act 2014, extend to all persons employed in any capacity under this Act as if a person so employed were an employee as defined in the Fair Work Act 1994, and a worker as defined in the Return to Work Act 2014, and the Committee the employer.\n\t(4)\tNotwithstanding subsections (2) and (3)—\n\t(a)\tthe following may not occur at Parliament House without the joint approval of the President of the Legislative Council and the Speaker of the House of Assembly—\n\t(i)\tan inspection or investigation pursuant to, or as part of any proceedings under, the Fair Work Act 1994 or the Return to Work Act 2014;\n\t(iii)\tthe taking of photographs; and\n\t(b)\tthe Committee (and the members of the Committee) shall not, in relation to any matter under the Equal Opportunity Act 1984, the Fair Work Act 1994 or the Return to Work Act 2014—\n\t(i)\tbe required to attend at any proceedings, conference, interview or inquiry held under or in pursuance of those Acts; or\n\t(ii)\tbe required to answer any question put as part of any proceedings or inquiry under any of those Acts; or\n\t(iii)\tbe required to discover or produce any book, record or other document that should, in the opinion of the Committee, be privileged.\n\t(5)\tIf the President of the South Australian Employment Tribunal has certified that an inspection at Parliament House under subsection (4)(a)(i) is necessary to ensure the just and proper determination of proceedings before the Tribunal, the President of the Legislative Council and the Speaker of the House of Assembly shall jointly give due weight and consideration to that certificate.\n\t(6)\tAn approval required under subsection (4)(a) may be given subject to such conditions as the President of the Legislative Council and the Speaker of the House of Assembly think fit.\n\t(7)\tAn order made on the determination of any matter under the Equal Opportunity Act 1984, the Fair Work Act 1994 or the Return to Work Act 2014 may have effect on the resolution of the Committee.\nPart 5—Special provisions for all staff of the Parliament\n25—Special provision for all staff of the Parliament\nWhere the Committee considers it to be necessary for the purpose of—\n\t(a)\tachieving equitable and consistent working and industrial conditions for all of the staff of the Parliament; and\n\t(b)\tattempting to arrive at a consistent approach to questions of staff management; and\n\t(c)\tachieving efficiencies in the management of the resources of the Parliament as a whole,\nthe Committee shall consult with, and, as may be appropriate, may make recommendations to, the President of the Legislative Council and the Speaker of the House of Assembly.\n26—Certain officers to constitute advisory committee\n\t(1)\tThere shall be a committee of the following parliamentary officers:\n\t(a)\tthe Clerk of the Legislative Council; and\n\t(b)\tthe Clerk of the House of Assembly; and\n\t(c)\tthe Executive Officer for the joint parliamentary service.\n\t(2)\tThe committee shall, as it thinks fit, make recommendations to the Joint Parliamentary Service Committee, the President of the Legislative Council or the Speaker of the House of Assembly in relation to the management and working conditions of the staff of the Parliament.\n\t(3)\tAll 3 members of the committee shall constitute a quorum of the committee.\n\t(4)\tThe committee shall meet on such occasions as appear to the committee to be necessary or desirable.\n\t(5)\tA person chosen from amongst its own membership by the committee shall preside at meetings of the committee.\n\t(6)\tThe procedures of the committee shall be as determined by the committee.\n27—Officers may be regarded as members of the Public Service in certain situations\n\t(1)\tNotwithstanding the provisions of any other Act, applications may be made in respect of positions in the Public Service, appeals may be made against the nomination of persons to positions in the Public Service and vacant positions may be filled in the Public Service as if officers were members of the Public Service.\n\t(2)\tIn this section—\nofficer includes the Executive Officer for the joint parliamentary service, an officer of either House of Parliament or a person under the separate control of the President of the Legislative Council or the Speaker of the House of Assembly.\nPart 6—Control and management of joint facilities\n28—Premises under management of Committee\nThe Committee shall have the control and management of the dining, refreshment and recreation rooms, lounges and garages of Parliament House.\n29—Provision of meals, refreshments etc\nThe Committee may, on such terms as the Committee thinks fit, provide meals, refreshments and other commodities and services for members and officers of Parliament and persons visiting Parliament House.\nPart 7—Miscellaneous\n29A—Smoking prohibited in certain areas\nA person must not smoke in any part of Parliament House under the control and management of the Committee except in a part of the House set aside by the Committee for that purpose.\n30—Allowances and deductions\n\t(1)\tThe Committee shall fix allowances and deductions from salary that are to apply to officers on account of their employment in the joint parliamentary service.\n\t(2)\tFor the purposes of this section—\n\t(a)\tthe allowances and deductions fixed by the Committee must correspond to ones applying to Public Service employees; and\n\t(b)\tif there is any alteration to the allowances or deductions applying to Public Service employees, that alteration must be adopted by the Committee for the purposes of this Act.\n31—Performance of other duties\n\t(1)\tThe Committee may direct that an officer perform temporarily duties other than, or in addition to, the duties on which the classification of the officer's office is based.\n\t(2)\tWhere an officer performs for one week or more temporary duties in accordance with a direction under subsection (1), the Committee may, subject to the rules, authorise payment of such allowance to that officer in respect of those duties as the Committee determines.\n32—Expenditure of Committee's funds\nThe Committee may expend any of its funds for any purpose connected with the execution of its powers and duties under this Act and for any purpose specified in the rules.\n33—Saving provision\nThis Act shall not affect any power of the President, Speaker or any other person authorised by the President or the Speaker to remove from Parliament House any person in Parliament House.\n34—Annual report\n\t(1)\tThe Committee shall, on or before the thirtieth day of September in each year, present to the President of the Legislative Council and the Speaker of the House of Assembly a report on the administration of the joint parliamentary service during the previous financial year.\n\t(2)\tThe President and the Speaker shall cause copies of the report to be laid before their respective Houses as soon as practicable after it is received.\n35—Rules\n\t(1)\tThe Committee may make such rules for the operation of the joint services of the Parliament as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tNo resolution of the Committee for the making of a rule shall be valid unless the resolution is supported by the votes of at least 2 members of the House of Assembly and at least 2 members of the Legislative Council, one of whom must be a member of the group led by the Leader of the Government in the Legislative Council or the group led by the Premier in the House of Assembly and another of whom must be a member of the group led by the Leader of the Opposition in the Legislative Council or the group led by the Leader of the Opposition in the House of Assembly (and for the purposes of this subsection the President of the Legislative Council and the Speaker of the House of Assembly may each be regarded as being a member of a group).\n36—Regulations\nThe Governor may make such regulations as are contemplated by this Act.\nSchedule 1—Transitional provisions\n1—Schedule of officers\n\t(1)\tAt the commencement of this Act, or as soon as practicable after the commencement of this Act, the Governor shall, on the joint recommendation of the President of the Legislative Council and the Speaker of the House of Assembly, publish, in the Gazette, a Schedule of offices and officers of the joint parliamentary service.\n\t(2)\tA person whose name appears in a Schedule published under subclause (1) shall, by force of this Act—\n\t(a)\tbecome an officer of the joint parliamentary service occupying the office specified in the Schedule without reduction of classification and salary and without prejudice to existing and accruing rights in respect of employment; and\n\t(b)\tbe assigned to a division of the joint parliamentary service specified in the Schedule.\n2—Parliamentary reporters\n\t(1)\tSubject to subclause (2), a person who was, immediately before the commencement of this Act, employed in the Parliamentary Reporting Division of the Attorney-General's Department shall, on a day fixed by the Governor for the purposes of this clause, by force of this Act become an officer of the Parliamentary Reporting Division of the joint parliamentary service without reduction of classification and salary and without prejudice to existing and accruing rights in respect of employment.\n\t(2)\tA person who was, immediately before the commencement of this Act, employed in the Parliamentary Reporting Division of the Attorney-General's Department may, after the commencement of this Act and before the day fixed by the Governor under subclause (1), elect to remain employed in the Attorney-General's Department and, in that event—\n\t(a)\tthe person shall not be subject to the operation of subclause (1); and\n\t(b)\tthe person shall not (while employed in the Attorney-General's Department) be entitled to act as a permanent member of the staff of Hansard at Parliament House.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Parliament (Joint Services) Act 1985 repealed the following:\nJoint House Committee Act 1941\nLegislation amended by principal Act\nThe Parliament (Joint Services) Act 1985 amended the following:\nPublic Service Act 1967\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n121\nParliament (Joint Services) Act 1985\n10.11.1985\n15.3.1987 (Gazette 19.2.1987 p381)\n1992\n4\nParliament (Joint Services—Prohibition on Smoking) Amendment Act 1992\n5.3.1992\n5.3.1992\n1993\n75\nStatutes Amendment (Abolition of Compulsory Retirement) Act 1993\n21.10.1993\nPt 14 (s 21)—1.1.1994: s 2\n2000\n47\nHistory Trust of South Australia (Old Parliament House) Amendment Act 2000\n13.7.2000\ns 10—14.9.2000 (Gazette 7.9.2000 p1637)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 106 (ss 254 & 255)—1.2.2010 (Gazette 28.1.2010 p320)\n2010\n22\nStatutes Amendment (Budget 2010) Act 2010\n18.11.2010\nPt 6 (ss 40 & 41)—1.7.2011: s 2(2)\n2012\n54\nStatutes Amendment and Repeal (Budget 2012) Act 2012\n6.12.2012\nPt 7 (ss 27—29)—1.7.2012: s 2(2)\n2017\n29\nParliament (Joint Services) (Staffing) Amendment Act 2017\n15.8.2017\n5.9.2017 (Gazette 5.9.2017 p3964)\n2023\n39\nPublic Holidays Act 2023\n7.12.2023\nSch 1 (cl 16)—1.1.2024: s 2\n2024\n55\nStatutes Amendment (Parliament—Executive Officer and Clerks) Act 2024\n5.12.2024\nPt 2 (ss 2 to 9) & Sch 1 (cl 1(3) & (4))—5.12.2024\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 1\n\n\nss 2 and 3\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 4\n\n\ns 4(1)\n s 4 redesignated as s 4(1) by 47/2000 s 10\n14.9.2000\nExecutive Officer\ninserted by 55/2024 s 2(1)\n5.12.2024\nofficer\namended by 55/2024 s 2(2)\n5.12.2024\ns 4(2)\ninserted by 47/2000 s 10\n14.9.2000\nPt 2\n\n\nPt 2 Div 1A\ninserted by 55/2024 s 3\n5.12.2024\ns 6\nsubstituted by 55/2024 s 3\n5.12.2024\nDiv 2\n\n\ns 7\n\n\ns 7(2)\namended by 55/2024 s 4(1)\n5.12.2024\ns 7(3)\ninserted by 55/2024 s 4(2)\n5.12.2024\nDiv 3\n\n\ns 8\n\n\ns 8(1)\namended by 55/2024 s 5(1)\n5.12.2024\ns 8(2) and (3)\ndeleted by 55/2024 s 5(2)\n5.12.2024\nDiv 4\n\n\ns 9\n\n\ns 9(1)\namended by 55/2024 s 6(1)\n5.12.2024\ns 9(2)\nsubstituted by 55/2024 s 6(2)\n5.12.2024\nPt 3\n\n\ns 10\n\n\ns 10(1)\namended by 29/2017 s 4(1)\n5.9.2017\ns 10(2)\namended by 29/2017 s 4(2)\n5.9.2017\ns 11\n\n\ns 11(1)\namended by 29/2017 s 5(1)\n5.9.2017\ns 11(3)\nsubstituted by 84/2009 s 254\n1.2.2010\ns 11(6)\namended by 29/2017 s 5(2)\n5.9.2017\ns 14\n\n\ns 14(1)\namended by 75/1993 s 21\n1.1.1994\nPt 4\n\n\ns 18\n\n\ns 18(5)\namended by 39/2023 Sch 1 cl 16\n1.1.2024\ns 20\n\n\ns 20(1)\namended by 22/2010 s 40\n1.7.2011\n\n(c) deleted by 22/2010 s 40\n1.7.2011\ns 20(1a)\ninserted by 54/2012 s 27(1)\n1.7.2012\ns 20(6a)\ninserted by 54/2012 s 27(2)\n1.7.2012\ns 20(8)—(11)\ninserted by 54/2012 s 27(3)\n1.7.2012\ns 21\n\n\ns 21(2)\namended by 29/2017 s 6(1)\n5.9.2017\ns 21(3)\ndeleted by 29/2017 s 6(2)\n5.9.2017\ns 24\n\n\ns 24(1)\ndeleted by 29/2017 s 7(1)\n5.9.2017\ns 24(3)\namended by 29/2017 s 7(2), (3)\n5.9.2017\ns 24(4)\namended by 29/2017 s 7(2)—(4)\n5.9.2017\n\n(a)(ii) deleted by 29/2017 s 7(5)\n5.9.2017\ns 24(5)\namended by 29/2017 s 7(6)\n5.9.2017\ns 24(7)\namended by 29/2017 s 7(2), (3)\n5.9.2017\ns 24(8)\ndeleted by 29/2017 s 7(7)\n5.9.2017\nPt 5\n\n\ns 26\n\n\ns 26(1)\namended by 55/2024 s 7(1)\n5.12.2024\n\n(d)—(f) deleted by 55/2024 s 7(1)\n5.12.2024\ns 26(3)\namended by 55/2024 s 7(2)\n5.12.2024\ns 27\n\n\ns 27(2)\n\n\nofficer\namended by 55/2024 s 8\n5.12.2024\nPt 6\n\n\ns 29A\ninserted by 4/1992 s 2\n5.3.1992\nPt 7\n\n\ns 30\n\n\ns 30(2)\nsubstituted by 84/2009 s 255\n1.2.2010\ns 36\ninserted by 54/2012 s 28\n1.7.2012\nSch 1\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nSch 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Budget 2010) Act 2010\n41—Transitional provision\nThe amendment to the Parliament (Joint Services) Act 1985 made by this Part does not affect an entitlement to long service leave or payment in lieu of long service leave that accrues before 1 July 2011.\nStatutes Amendment and Repeal (Budget 2012) Act 2012\n29—Transitional provisions\n\t(1)\tIn this section—\neffective service has the same meaning as in subsection (11) of section 20 of the principal Act (as enacted by this Act);\nofficer means an officer under the principal Act;\nprincipal Act means the Parliament (Joint Services) Act 1985.\n\t(2)\tAn officer who—\n\t(a)\tduring the 2011/2012 financial year has, or attains, at least 15 years of effective service; and\n\t(b)\tis an officer on 1 July 2012,\nwill qualify for an additional skills and experience retention leave entitlement under section 20 of the principal Act equal to ⅙ working days leave for each month of effective service completed during that financial year (being service as a long‑term employee within the meaning of subsection (1a) of section 20 of the principal Act as enacted by this Act).\n\t(3)\tParagraph (d) of section 20(6a) of the principal Act as enacted by this Act applies subject to the qualification that no skills and experience retention leave entitlement will be lost under that paragraph before 1 July 2018.\n\t(4)\tThe Governor may, by proclamation, make other transitional or ancillary provisions that may be necessary or expedient in connection with the provision of an entitlement to skills and experience retention leave under the principal Act or this section.\nStatutes Amendment (Parliament—Executive Officer and Clerks) Act 2024\n9—Review\n\t(1)\tThe Executive Officer must, not later than 10 months after the relevant day, provide to the President of the Legislative Council and the Speaker of the House of Assembly a report that includes an assessment of the way in which the workplace of the joint parliamentary service is managed (including, for example, management of workplace health and safety and performance management).\n\t(2)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, not later than 12 months after the relevant day, jointly cause a review to be undertaken of the matters outlined in the report received under subsection (1) and a report on the review to be prepared and submitted to them.\n\t(3)\tThe review must consider and make recommendations in relation to ensuring the parliamentary workplace is managed consistently with contemporary standards.\n\t(4)\tThe President of the Legislative Council and the Speaker of the House of Assembly must, as soon as practicable after receiving a report under this section, cause a copy of the report to be laid before their respective Houses.\n\t(5)\tIn this section—\nExecutive Officer and joint parliamentary service have the same respective meanings as in the Parliament (Joint Services) Act 1985;\nrelevant day means the day on which an Executive Officer for the joint parliamentary service is first appointed under Part 2 Division 1A of the Parliament (Joint Services) Act 1985.\nStatutes Amendment (Parliament—Executive Officer and Clerks) Act 2024, Sch 1\n1—Transitional provisions\n\t(3)\tIf, on the commencement of this Act, an Executive Officer for the joint parliamentary service has not yet been appointed in accordance with Part 2 Division 1A of the Parliament (Joint Services) Act 1985 as inserted by this Act, the following provisions apply until the day on which an Executive Officer is appointed in accordance with that Division:\n\t(a)\tsecretarial services will continue to be provided to the Committee as follows:\n\t(i)\twhen the President of the Legislative Council is the chairman of the Committee—the Clerk of the Legislative Council or a person nominated by that Clerk will act as secretary to the Committee;\n\t(ii)\twhen the Speaker of the House of Assembly is the chairman of the Committee—the Clerk of the House of Assembly or a person nominated by that Clerk will act as secretary to the Committee;\n\t(b)\tfor the purposes of section 7(2)(d) of the Parliament (Joint Services) Act 1985, the person acting as secretary to the Committee in accordance with paragraph (a) will be the chief officer in relation to the Joint Services Division;\n\t(c)\tfor the purposes of section 8(1) of the Parliament (Joint Services) Act 1985—\n\t(i)\ta person who is a chief officer of a division of the joint parliamentary service in accordance with section 7(2)(a), (b) or (c) of that Act as in force immediately before the commencement of this Act will continue to be responsible to the Committee for the efficient management of their respective division of the joint parliamentary service; and\n\t(ii)\tthe person who is the chief officer in relation to the Joint Services Division in accordance with paragraph (b) will be responsible to the Committee for the efficient management of that Division;\n\t(d)\tfor the purposes of section 26 of the Parliament (Joint Services) Act 1985—\n\t(i)\tthe Leader of Hansard, the Parliamentary Librarian, the Catering Manager and the chief officer of the Joint Services Division in accordance with paragraph (b) will continue to be members of the advisory committee pursuant to subsection (1) of that section; and\n\t(ii)\t4 members of the advisory committee as constituted under subparagraph (i) will constitute a quorum of the committee pursuant to subsection (3) of that section.\n\t(4)\tIn this clause—\nthe Committee and the joint parliamentary service have the same respective meanings as in the Parliament (Joint Services) Act 1985;\nremuneration and the Tribunal have the same respective meanings as in the Remuneration Act 1990.\nHistorical versions\nReprint No 1—5.3.1992\n\nReprint No 2—1.1.1994\n\nReprint No 3—14.9.2000\n\nReprint No 4—24.11.2003\n\n1.2.2010\n\n1.7.2011\n\n1.7.2012\n\n5.9.2017\n\n1.1.2024\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1985 purpose of establishing basic employment conditions for joint parliamentary staff. Major expansions include: (1) 1992 smoking prohibition; (2) 2012 addition of 'skills and experience retention leave' — a complex retention payment scheme with monetary conversion options; (3) 2017 removal of compulsory retirement age and expansion of Fair Work Act coverage; (4) 2024 creation of the Executive Officer position with associated review mechanisms and transitional governance structures. The original Act was essentially an employment framework; it now includes workplace health and safety management, complex retention incentives, and detailed parliamentary privilege protections not present in the original scheme."},"complexity_factors":["Multiple amendment layers (1985, 1992, 1993, 2000, 2003, 2009, 2010, 2012, 2017, 2023, 2024) creating fragmented provisions","Complex mathematical formulas for calculating long service leave payouts (section 20(6) and (7))","Nested conditional logic in section 20(6a) regarding skills and experience retention leave with multiple sub-paragraphs (a)-(e)","Detailed quorum requirements with political balance constraints (section 5(7) requires specific government/opposition representation)","Cross-references to external Acts (Equal Opportunity Act 1984, Fair Work Act 1994, Return to Work Act 2014, Public Sector Act 2009) with modifications to their application","Special parliamentary privilege provisions creating exceptions to normal workplace law (section 24(4))","Transitional provisions in Schedule 1 and associated amendment Acts creating parallel operational rules","17 defined terms in section 4(1) including recursive definitions ('chief officer' defined by reference to section 7)"],"plain_english_summary":"This South Australian law sets up the employment framework for staff who work for both houses of Parliament (the Legislative Council and House of Assembly). It creates a **Joint Parliamentary Service Committee** — a corporate body made up of the President of the Legislative Council, the Speaker of the House of Assembly, and four MPs (two from each house, split between government and opposition). This Committee runs the joint parliamentary service, which has four divisions: Parliamentary Reporting (Hansard), the Parliamentary Library, Catering, and Joint Services.\n\nThe Act establishes an **Executive Officer** position to manage the service day-to-day, and gives the Committee power to create jobs, classify positions, hire people (permanent, temporary or casual), and handle discipline including dismissal. It sets out detailed employment conditions including:\n- **20 days annual leave** per year (with mandatory Christmas/New Year shutdown)\n- **12 days sick leave** per year\n- **Long service leave** (90 days after 10 years, then 9 days per extra year)\n- **Skills and experience retention leave** for long-term employees (added in 2012)\n\nThe law also applies key workplace laws (Equal Opportunity, Fair Work, and workers compensation) to parliamentary staff, though with special protections: workplace inspectors can't enter Parliament House without approval from both the President and Speaker, and Committee members can't be forced to give evidence in proceedings.\n\nOther provisions cover smoking bans in Parliament House (1992), management of dining facilities, and transitional arrangements for staff moving from other government jobs."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This version has expanded the Act’s administrative scope beyond a basic joint employer framework. Notable scope changes include: insertion of a formal Executive Officer role and express duties (see s6 and s6A), which centralises day‑to‑day management; addition of a skills and experience retention leave stream and associated conversion/regulation powers (s20(1a) and s20(6a)–(11)), creating a new ongoing employee entitlement and regulatory implementation tasks; and express procedural limits on external workplace inspections and production requirements at Parliament House (s24(4)(a)–(6)), which alter how external employment laws operate in practice on parliamentary premises. Combined, these amendments shift the Act from merely providing shared services and staffing rules to creating a more robust internal management and oversight apparatus with specific regulatory interactions and additional budgetary entitlements."},"complexity_factors":["36 substantive sections plus Schedule 1 and multiple transitional clauses","About 10+ defined terms in the interpretation section (s4) governing scope and meaning","Cross‑references to multiple external Acts (Equal Opportunity Act, Fair Work Act, Return to Work Act, Public Service and Remuneration frameworks) increasing interpretive complexity (s11, s24, s30, s20)","Nested conditional provisions and exceptions (e.g. probation up to 2 years with extension options s12; discipline with objection and representation procedures s16)","Detailed leave calculations and formulas in s20 (including long service leave formula, pro‑rata calculations and skills‑and‑experience retention leave with conversion rules)","Delegation rules allowing further delegation and revocability (s9) creating multi‑layered administrative paths","Rule‑making threshold requiring cross‑house and cross‑party support (s35(2))","Multiple amendment layers and transitional provisions (inserted roles and duties such as Executive Officer, and various historical amendments) that affect how provisions operate in practice"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a single Joint Parliamentary Service Committee (the Committee) as the employer and corporate entity responsible for staff who serve both Houses of Parliament (see s5). The Committee can hold property, sue and be sued, make rules, and expend funds (s5, s32, s35).\n\n- Creates a management structure for the joint parliamentary service: four functional divisions (Reporting, Library, Catering, Joint Services) with named chief officers for each division (s7–8). The Act enables the Committee to appoint an Executive Officer who is responsible for day‑to‑day management (s6, s6A).\n\n- Sets out how offices are created, classified and filled; how probation, temporary appointments and retirements work; and the Committee’s powers to create or abolish offices (ss10–13, 14–15).\n\n- Fixes terms and conditions of employment for parliamentary staff, including accrual rates and taking of recreation leave (20 working days a year) and sick leave (12 working days a year), long service leave formulas and an additional “skills and experience retention” leave stream for long‑serving staff (s18–20). It also allows certain previous service to be credited on transfer into the joint service (s22).\n\n- Provides workplace management and disciplinary procedures (including suspension, fines, salary reduction, transfer or dismissal) and procedural safeguards for officers to object and make representations before certain actions are taken (ss15–17, 16).\n\n- Makes the Committee the employer for the purposes of selected State employment laws (Equal Opportunity, Fair Work and Return to Work Acts), but places limits on inspections or investigations at Parliament House and limits certain compulsory attendance or production requirements (s24(2)–(7)).\n\n- Gives the Committee control of shared parliamentary facilities (dining, lounges, garages) and power to provide services (ss28–29). It also allows the Committee to prohibit smoking in managed areas (s29A) and to fix allowances and deductions corresponding to public service standards (s30).\n\n- Requires an annual report to the Presiding Officers, and enables the Governor to make regulations (ss34, 36). Transitional provisions transfer existing staff into the joint service on equivalent classification and salary (Schedule 1).\n\n**Who is affected**\n\n- Officers (employees) of the joint parliamentary service: staff in reporting (Hansard), library, catering and joint services divisions (defined in s4 and s7). These are the direct beneficiaries/subjects of appointment, leave, discipline and other employment rules.\n\n- The Committee members (Presiding Officers plus appointed members of each House) who decide on appointments, classifications, discipline, rules and expenditure (s5).\n\n- Relevant workplace regulators and tribunals: the Act makes employment statutes applicable but also creates procedural limits on inspections and information production inside Parliament House (s24).\n\n- The State (General Revenue) which funds salaries, leave payments and any monetary entitlements paid out on cessation or death (ss20, 23).\n\n**Why it matters (claimed purpose and the concrete mechanisms that produce effects)**\n\nThe Act is presented as a way to provide a consistent, single employer and administrative structure to support both Houses with shared staff and facilities (see s7(3)). In practice the Act achieves that by:\n\n- Concentrating employing authority and budget control in the Joint Parliamentary Service Committee (s5, s32). This centralises decisions about staffing, classifications, salary settings (ss11, 30) and the creation/abolition of offices (s10).\n\n- Delegating operational management to an Executive Officer and chief officers of divisions, while preserving final control with the Committee (s6, s6A, s9). The Committee may delegate powers (s9) but retains revocable control.\n\n- Standardising employment conditions by aligning classifications, allowances and many leave entitlements with public service norms (ss11, 30). This reduces fragmentation between parliamentary staff and broader public sector terms but also ties parliamentary costs to public sector adjustments.\n\n- Insulating internal parliamentary workplace processes from routine external enforcement: inspections or certain investigatory steps at Parliament House require joint approval from the Presiding Officers (s24(4)(a)). That creates an additional procedural gatekeeper for workplace regulators and may slow external inquiries into in‑house matters.\n\n**Costs, incentives, trade‑offs and implementation risks**\n\n- Who pays: staff salaries, leave accruals and any payments in lieu are payable from General Revenue (ss20, 23). The skills/experience retention leave entitlement (s20(1a) and related subclauses) creates an ongoing budgetary cost which can be converted to a monetary amount under regulation (s20(6a)–(11)).\n\n- Decision‑making concentration: the Committee (composed of Presiding Officers and appointed members) has wide discretion over appointments, classifications, rules and discipline (ss5, 11, 35, 16). That concentrates influence over staffing in a small body that is political by composition; rules for making Committee rules require cross‑house and cross‑party support (s35(2), which is a procedural check).\n\n- Administrative discretion and delegation risk: the Committee may delegate powers broadly and delegations can be further delegated (s9). This enables administrative efficiency but increases layering of discretion and potential opacity unless the Committee’s rules impose reporting/oversight limits.\n\n- Compliance and procedural burden for regulators: the requirement for joint approval before inspections or certain investigatory actions at Parliament House (s24(4)(a)) adds an extra procedural hurdle for workplace enforcement bodies, possibly delaying investigations or making them conditional.\n\n- Limits on staff communications: discipline can be triggered by unauthorised communications likely to be published (s16(1)(j)). That provision places a specific constraint on how staff may communicate with media or make public statements linked to parliamentary service.\n\n- Operational benefits and costs: centralising joint services can reduce duplication (fewer separate administrative systems) and allow economies of scale (catering, library, reporting). But centralisation also produces a single point of management responsibility and may reduce line managers’ autonomy in the separate Houses.\n\n- Implementation complexity and transition risk: transferring existing staff into the joint service is handled by Schedule 1 to preserve classification and accrued rights, but transitional rules and later amendments (e.g., new Executive Officer role) require interim arrangements (see transitional clauses tied to the Executive Officer). That increases short‑term administrative work when roles or governance change.\n\n**Concrete behavioural effects**\n\n- The Committee decides hiring, pay bands and classifications; the Executive Officer runs day‑to‑day operations (s5, s6, s6A). Staff will therefore take direction from that dual governance structure.\n\n- Staff face detailed leave accrual formulas, limits on when leave may be taken and rules for payment in lieu at cessation (ss18–20, 23). Long‑serving staff accrue an additional retention leave entitlement with specific conversion and expiry rules (s20(1a), (6a)).\n\n- Workplace regulators seeking to inspect Parliament House must obtain joint authorisation from the Presiding Officers for certain kinds of inspections (s24(4)(a)).\n\n**Bottom line (neutral)**\n\nThe Act creates and governs a single, central employer for staff who serve both Houses of Parliament, sets detailed employment conditions, and vests significant administrative authority in a committee composed of Presiding Officers and parliamentary appointees. That structure standardises employment terms with the public service and centralises control, while also inserting procedural protections (and hurdles) around external inspections and internal communications. Key implementation trade‑offs are concentrated decision‑making authority, ongoing leave and salary costs borne by the State, and increased procedural checks on external workplace enforcement (see ss5, 6, 11, 16, 20, 24, 35)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submission contained only a website error page from the South Australian legislation portal, not the content of the Parliament (Joint Services) Act 1985."},"complexity_factors":["No legislative text was retrievable — a 404 error page was returned instead of the Act","Complexity cannot be assessed without actual content","Score of 1 reflects absence of analysable material, not simplicity of the underlying Act"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return the actual text of the *Parliament (Joint Services) Act 1985* (SA). Instead, it returned a **404 'Page Not Found' error** from the South Australian legislation website, likely because a URL created before 24 March 2026 is now broken due to a website update.\n\n**What this means for you:** No legal content was retrieved, so no meaningful summary, assessment, or analysis of this Act can be provided. To find the actual legislation, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Emailing the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Checking AustLII at [www.austlii.edu.au](https://www.austlii.edu.au)"}},"importantCases":[],"_links":{"self":"/api/acts/parliament-joint-services-act-1985","history":"/api/acts/parliament-joint-services-act-1985/history","analysis":"/api/acts/parliament-joint-services-act-1985/analysis","conflicts":"/api/acts/parliament-joint-services-act-1985/conflicts","importantCases":"/api/acts/parliament-joint-services-act-1985/important-cases","documents":"/api/acts/parliament-joint-services-act-1985/documents"}}