{"id":"qld:act-1988-067","name":"Parliamentary Service Act 1988","slug":"parliamentary-service-act-1988","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"67 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104913,"registerId":"qld-act-1988-067-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Parliamentary Service Act 1988 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 28 November 1995 RA s 37","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1995 No. 38 s 35 sch 1","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nIn this Act—\nappointed day means the day appointed by proclamation for the commencement of the provisions of this Act other than sections 1 and 2 .\nThe appointed day is 19 November 1988 (proc pubd gaz 17 November 1988 p 1227).\nChairman ...\ns 4 def Chairman om 1995 No. 38 s 35 sch 1\nCLA ...\ns 4 def CLA ins 2011 No. 24 s 39\nom 2015 No. 3 s 5\nClerk means the Clerk of the Parliament.\ns 4 def Clerk sub 1995 No. 38 s 35 sch 1\ncriminal history , for part 5A , see section 45 .\ns 4 def criminal history ins 2020 No. 25 s 9 (1)\ncriminal history report , for part 5A , see section 45 .\ns 4 def criminal history report ins 2020 No. 25 s 9 (1)\nemployee , in relation to the parliamentary service, means a person employed therein whether on the permanent staff (including a person employed on probation) or temporarily or as a wage worker but does not include an officer of the parliamentary service.\ns 4 def employee amd 2002 No. 31 s 3 (1)\nengage , for part 5A , see section 45 .\ns 4 def engage ins 2020 No. 25 s 9 (1)\nfunction includes power.\ns 4 def function ins 2011 No. 24 s 39\nindustrial agreement ...\ns 4 def industrial agreement sub 1995 No. 38 s 35 sch 1\namd 1999 No. 33 s 747 sch 3\nom 2016 No. 63 s 1157 sch 6\nindustrial award ...\ns 4 def industrial award sub 1995 No. 38 s 35 sch 1\namd 1999 No. 33 s 747 sch 3\nom 2016 No. 63 s 1157 sch 6\nindustrial instrument see the Industrial Relations Act 2016 , schedule 5 .\ns 4 def industrial instrument ins 2016 No. 63 s 1157 sch 6\nLeader of the House ...\ns 4 def Leader of the House om 28 November 1995 RA s 5(d)\nMinister ...\ns 4 def Minister om 1995 No. 38 s 35 sch 1\nmisconduct means—\ndisgraceful or improper conduct that shows unfitness to be or continue as an officer of or employee in the parliamentary service; or\nbehaviour that does not satisfy a standard of behaviour generally expected of officers of or employees in the parliamentary service.\ns 4 def misconduct amd 2002 No. 31 s 3 (2)\noffice means a position within the parliamentary service ordinarily held by an officer.\nOffice of the Speaker ...\ns 4 def Office of the Speaker ins 2011 No. 24 s 39\nom 2015 No. 3 s 5\nofficer , in relation to the parliamentary service, means a person appointed pursuant to section 27 to an office, but does not include a person employed on probation.\nparliamentary precinct means—\nall land and improvements within the land reserved for House of Parliament in the county of Stanley, parish of North Brisbane, city of Brisbane described as lot 414 on plan SL8740 and lots 437 and 704 on SP289469 registered in the department in which the Land Act 1994 is administered; or\nany land or premises declared by the Governor in Council by gazette notice to be part of the parliamentary precinct for a stated period.\ns 4 def parliamentary precinct amd 1995 No. 38 s 35 sch 1 ; 2002 No. 31 s 3 (3) – (4) ; 2020 No. 25 s 9 (2) ; 2023 No. 31 s 8\nparliamentary service means the parliamentary service established by section 23 .\nParliamentary Service Commission or Commission ...\ns 4 def Parliamentary Service Commission or Commission om 1995 No. 38 s 35 sch 1\npolice commissioner ...\ns 4 def police commissioner ins 2020 No. 25 s 9 (1)\nom 2023 No. 23 s 247 sch 1 s 3\nrelevant duties , for part 5A , see section 46 .\ns 4 def relevant duties ins 2020 No. 25 s 9 (1)\ntermination , in relation to a contract of employment of an officer, includes a failure to renew the contract or to make a fresh contract.\ns 4 amd 1995 No. 38 s 35 sch 1\n- (a) disgraceful or improper conduct that shows unfitness to be or continue as an officer of or employee in the parliamentary service; or\n- (b) behaviour that does not satisfy a standard of behaviour generally expected of officers of or employees in the parliamentary service.\n- (a) all land and improvements within the land reserved for House of Parliament in the county of Stanley, parish of North Brisbane, city of Brisbane described as lot 414 on plan SL8740 and lots 437 and 704 on SP289469 registered in the department in which the Land Act 1994 is administered; or\n- (b) any land or premises declared by the Governor in Council by gazette notice to be part of the parliamentary precinct for a stated period.","sortOrder":4},{"sectionNumber":"sec.4A","sectionType":"section","heading":null,"content":"### Section sec.4A\n\ns 4A ins 2011 No. 24 s 40\nom 2015 No. 3 s 6","sortOrder":5},{"sectionNumber":"sec.4B","sectionType":"section","heading":null,"content":"### Section sec.4B\n\ns 4B ins 2011 No. 24 s 40\nom 2015 No. 3 s 6","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Administrative functions of the Speaker","content":"# Administrative functions of the Speaker","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Administration under Speaker’s control","content":"### sec.5 Administration under Speaker’s control\n\nThe Speaker has the control of—\naccommodation and services in the parliamentary precinct; and\naccommodation and services supplied elsewhere by the Legislative Assembly for its members.\ns 5 sub 1995 No. 38 s 35 sch 1\namd 2011 No. 24 s 42\nsub 2015 No. 3 s 7\n- (a) accommodation and services in the parliamentary precinct; and\n- (b) accommodation and services supplied elsewhere by the Legislative Assembly for its members.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Speaker’s role for parliamentary service","content":"### sec.6 Speaker’s role for parliamentary service\n\nThe general role of the Speaker in relation to the parliamentary service is to—\ndecide major policies to guide the operation and management of the parliamentary service; and\nprepare budgets; and\ndecide the size and organisation of the parliamentary service and the services to be supplied by the parliamentary service; and\nsupervise the management and delivery of services by the parliamentary service.\ns 6 sub 1995 No. 38 s 35 sch 1\namd 2011 No. 24 s 43\nsub 2015 No. 3 s 7\n(sec.6-ssec) The general role of the Speaker in relation to the parliamentary service is to— decide major policies to guide the operation and management of the parliamentary service; and prepare budgets; and decide the size and organisation of the parliamentary service and the services to be supplied by the parliamentary service; and supervise the management and delivery of services by the parliamentary service.\n- (a) decide major policies to guide the operation and management of the parliamentary service; and\n- (b) prepare budgets; and\n- (c) decide the size and organisation of the parliamentary service and the services to be supplied by the parliamentary service; and\n- (d) supervise the management and delivery of services by the parliamentary service.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Speaker’s powers for administrative functions","content":"### sec.7 Speaker’s powers for administrative functions\n\nThis section declares the powers and legal capacity of the Speaker in performing the administrative functions of the Speaker’s office, including the Speaker’s role in relation to the parliamentary service.\nThe powers include all the powers, and the legal capacity, that an individual has in a private capacity.\nThe powers may be exercised at any place.\nThe powers are exercised for the Legislative Assembly.\nThis section does not limit the Speaker’s powers.\nThis part does not affect any power the Speaker has apart from this section to bind the Legislative Assembly by contract.\ns 7 sub 1995 No. 38 s 35 sch 1\namd 2011 No. 24 s 44\nsub 2015 No. 3 s 7\n(sec.7-ssec.1) This section declares the powers and legal capacity of the Speaker in performing the administrative functions of the Speaker’s office, including the Speaker’s role in relation to the parliamentary service.\n(sec.7-ssec.2) The powers include all the powers, and the legal capacity, that an individual has in a private capacity.\n(sec.7-ssec.3) The powers may be exercised at any place.\n(sec.7-ssec.4) The powers are exercised for the Legislative Assembly.\n(sec.7-ssec.5) This section does not limit the Speaker’s powers. This part does not affect any power the Speaker has apart from this section to bind the Legislative Assembly by contract.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegation by Speaker","content":"### sec.8 Delegation by Speaker\n\nThe Speaker may delegate the Speaker’s functions under this Act to the Deputy Speaker, the Clerk or a parliamentary service officer or employee.\ns 8 sub 1995 No. 38 s 35 sch 1 ; 1995 No. 51 s 4 sch\namd 2011 No. 24 s 45 ; 2013 No. 32 s 91\nsub 2015 No. 3 s 7\n(sec.8-ssec) The Speaker may delegate the Speaker’s functions under this Act to the Deputy Speaker, the Clerk or a parliamentary service officer or employee.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Advisory committee to Speaker","content":"### sec.9 Advisory committee to Speaker\n\nThe Speaker may establish a committee of members of the Legislative Assembly (the advisory committee ) to advise the Speaker on issues arising under this Act referred to it by the Speaker.\nThe advisory committee consists of the members appointed by the Speaker.\nThis section is subject to the standing rules and orders.\ns 9 prev s 9 sub 1995 No. 38 s 35 sch 1\nom 2011 No. 24 s 46\npres s 9 ins 2015 No. 3 s 7\n(sec.9-ssec.1) The Speaker may establish a committee of members of the Legislative Assembly (the advisory committee ) to advise the Speaker on issues arising under this Act referred to it by the Speaker.\n(sec.9-ssec.2) The advisory committee consists of the members appointed by the Speaker.\n(sec.9-ssec.3) This section is subject to the standing rules and orders.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Speaker’s annual report","content":"### sec.10 Speaker’s annual report\n\nAs soon as possible after the end of each financial year, the Speaker must prepare, and table in the Legislative Assembly, a report on this Act’s operation during the year.\ns 10 sub 1995 No. 38 s 35 sch 1\namd 2011 No. 24 s 47\nsub 2015 No. 3 s 7","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 1995 No. 38 s 35 sch 1","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 1995 No. 38 s 35 sch 1","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 1995 No. 38 s 35 sch 1","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 om 1995 No. 38 s 35 sch 1","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 1995 No. 38 s 35 sch 1","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 1995 No. 38 s 35 sch 1","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 1995 No. 38 s 35 sch 1","sortOrder":20},{"sectionNumber":"pt.3","sectionType":"part","heading":"The Clerk of the Parliament","content":"# The Clerk of the Parliament","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"The Clerk of the Parliament","content":"### sec.18 The Clerk of the Parliament\n\nThere shall from time to time be appointed an officer of the Legislative Assembly to be known as the Clerk of the Parliament.\nThe Clerk shall be appointed by the Governor by commission on the recommendation of the Minister after consultation with the Speaker.\ns 18 amd 1994 No. 29 s 3 sch ; 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 48 ; 2015 No. 3 s 8\n(sec.18-ssec.1) There shall from time to time be appointed an officer of the Legislative Assembly to be known as the Clerk of the Parliament.\n(sec.18-ssec.2) The Clerk shall be appointed by the Governor by commission on the recommendation of the Minister after consultation with the Speaker.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Functions of the Clerk of the Parliament other than as chief executive of parliamentary service","content":"### sec.19 Functions of the Clerk of the Parliament other than as chief executive of parliamentary service\n\nThe Clerk of the Parliament shall be responsible for—\nthe noting of all proceedings of the Legislative Assembly;\nthe carrying out of such duties and the exercising of such powers as may be conferred on the Clerk by law or by the standing rules and orders, customs and practices of the Legislative Assembly.\n- (a) the noting of all proceedings of the Legislative Assembly;\n- (b) the carrying out of such duties and the exercising of such powers as may be conferred on the Clerk by law or by the standing rules and orders, customs and practices of the Legislative Assembly.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Functions of the Clerk of the Parliament as chief executive of parliamentary service","content":"### sec.20 Functions of the Clerk of the Parliament as chief executive of parliamentary service\n\nSubject to this Act, to the control and direction of the Speaker and to policies (if any) from time to time determined by the Speaker, the Clerk, as the chief executive of the parliamentary service, shall be responsible to the Speaker for the efficient and economical management of the parliamentary service.\nThe Clerk may make recommendations to the Speaker with respect to any matter for consideration by the Speaker and shall take such steps as are necessary to implement those policies and decisions of the Speaker that require action to be taken by the parliamentary service.\nThe Clerk is to be the employing authority, for the Legislative Assembly, of parliamentary service officers and employees.\ns 20 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 49 ; 2015 No. 3 s 9\n(sec.20-ssec.1) Subject to this Act, to the control and direction of the Speaker and to policies (if any) from time to time determined by the Speaker, the Clerk, as the chief executive of the parliamentary service, shall be responsible to the Speaker for the efficient and economical management of the parliamentary service.\n(sec.20-ssec.2) The Clerk may make recommendations to the Speaker with respect to any matter for consideration by the Speaker and shall take such steps as are necessary to implement those policies and decisions of the Speaker that require action to be taken by the parliamentary service.\n(sec.20-ssec.3) The Clerk is to be the employing authority, for the Legislative Assembly, of parliamentary service officers and employees.","sortOrder":24},{"sectionNumber":"sec.20A","sectionType":"section","heading":null,"content":"### Section sec.20A\n\ns 20A ins 2011 No. 24 s 50\nom 2015 No. 3 s 10","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Tenure of office of the Clerk of the Parliament","content":"### sec.21 Tenure of office of the Clerk of the Parliament\n\nSubject to subsections (2) to (4) , the Clerk of the Parliament shall hold office during good behaviour.\nThe Clerk may at any time resign by writing addressed to the Speaker or to the Governor if there is no Speaker or if the Speaker is absent from Queensland.\nThe Clerk may at any time be removed or suspended from office by the Governor upon an address from the Legislative Assembly for disability, bankruptcy or misconduct.\nAt any time when the Legislative Assembly is not in session, the Clerk may be suspended from office by the Governor for disability, bankruptcy or misconduct proved to the satisfaction of the Governor, but the suspension shall not continue in force beyond 2 months after the beginning of the next ensuing session of the Legislative Assembly.\ns 21 amd 1995 No. 38 s 35 sch 1\n(sec.21-ssec.1) Subject to subsections (2) to (4) , the Clerk of the Parliament shall hold office during good behaviour.\n(sec.21-ssec.2) The Clerk may at any time resign by writing addressed to the Speaker or to the Governor if there is no Speaker or if the Speaker is absent from Queensland.\n(sec.21-ssec.3) The Clerk may at any time be removed or suspended from office by the Governor upon an address from the Legislative Assembly for disability, bankruptcy or misconduct.\n(sec.21-ssec.4) At any time when the Legislative Assembly is not in session, the Clerk may be suspended from office by the Governor for disability, bankruptcy or misconduct proved to the satisfaction of the Governor, but the suspension shall not continue in force beyond 2 months after the beginning of the next ensuing session of the Legislative Assembly.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Performance of functions of the Clerk of the Parliament in the Clerk’s absence","content":"### sec.22 Performance of functions of the Clerk of the Parliament in the Clerk’s absence\n\nOn the occurrence from any cause of a vacancy in the office of the Clerk (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Clerk (from whatever cause arising), and so long as that vacancy or absence continues—\nthe functions of the Clerk at the table of the Legislative Assembly shall be performed and exercised by the next most senior of the officers required to sit at the table who is present;\na function of the Clerk as the chief executive of the parliamentary service shall be exercised and performed—\nif the Clerk is temporarily absent—by a parliamentary service officer or employee to whom the function has been delegated under section 25 ; or\notherwise—by an officer appointed for the time being by the Speaker.\nThe fact that a person exercises a function of the Clerk shall, in the absence of proof to the contrary, be conclusive evidence of the authority of the person to do so.\ns 22 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 51 ; 2015 No. 3 s 11\n(sec.22-ssec.1) On the occurrence from any cause of a vacancy in the office of the Clerk (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Clerk (from whatever cause arising), and so long as that vacancy or absence continues— the functions of the Clerk at the table of the Legislative Assembly shall be performed and exercised by the next most senior of the officers required to sit at the table who is present; a function of the Clerk as the chief executive of the parliamentary service shall be exercised and performed— if the Clerk is temporarily absent—by a parliamentary service officer or employee to whom the function has been delegated under section 25 ; or otherwise—by an officer appointed for the time being by the Speaker.\n(sec.22-ssec.2) The fact that a person exercises a function of the Clerk shall, in the absence of proof to the contrary, be conclusive evidence of the authority of the person to do so.\n- (a) the functions of the Clerk at the table of the Legislative Assembly shall be performed and exercised by the next most senior of the officers required to sit at the table who is present;\n- (b) a function of the Clerk as the chief executive of the parliamentary service shall be exercised and performed— (i) if the Clerk is temporarily absent—by a parliamentary service officer or employee to whom the function has been delegated under section 25 ; or (ii) otherwise—by an officer appointed for the time being by the Speaker.\n- (i) if the Clerk is temporarily absent—by a parliamentary service officer or employee to whom the function has been delegated under section 25 ; or\n- (ii) otherwise—by an officer appointed for the time being by the Speaker.\n- (i) if the Clerk is temporarily absent—by a parliamentary service officer or employee to whom the function has been delegated under section 25 ; or\n- (ii) otherwise—by an officer appointed for the time being by the Speaker.","sortOrder":27},{"sectionNumber":"pt.4","sectionType":"part","heading":"Parliamentary service","content":"# Parliamentary service","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Parliamentary service","content":"### sec.23 Parliamentary service\n\nThere is hereby established a parliamentary service.\nThe parliamentary service is not an instrument of the Executive Government.\nThe parliamentary service shall consist of—\nofficers of the Legislative Assembly being—\nthe Clerk who shall be the chief executive of the parliamentary service; and\nother officers required to sit at the table of the House; and\nthe parliamentary librarian; and\nthe chief reporter; and\nother officers of and employees in the parliamentary service.\n(sec.23-ssec.1) There is hereby established a parliamentary service.\n(sec.23-ssec.2) The parliamentary service is not an instrument of the Executive Government.\n(sec.23-ssec.3) The parliamentary service shall consist of— officers of the Legislative Assembly being— the Clerk who shall be the chief executive of the parliamentary service; and other officers required to sit at the table of the House; and the parliamentary librarian; and the chief reporter; and other officers of and employees in the parliamentary service.\n- (a) officers of the Legislative Assembly being— (i) the Clerk who shall be the chief executive of the parliamentary service; and (ii) other officers required to sit at the table of the House; and (iii) the parliamentary librarian; and (iv) the chief reporter; and\n- (i) the Clerk who shall be the chief executive of the parliamentary service; and\n- (ii) other officers required to sit at the table of the House; and\n- (iii) the parliamentary librarian; and\n- (iv) the chief reporter; and\n- (b) other officers of and employees in the parliamentary service.\n- (i) the Clerk who shall be the chief executive of the parliamentary service; and\n- (ii) other officers required to sit at the table of the House; and\n- (iii) the parliamentary librarian; and\n- (iv) the chief reporter; and","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Functions of parliamentary service","content":"### sec.24 Functions of parliamentary service\n\nThe functions of the parliamentary service are to provide administrative and support services to the Legislative Assembly and to members and committees thereof which may include—\nthe provision of sufficient clerical staff, attendants and other staff to enable the Legislative Assembly and committees thereof to operate efficiently; and\nthe provision of advice on parliamentary procedures and the functions of Parliament generally; and\nan accurate and efficient reporting of proceedings of the Legislative Assembly and of meetings of committees thereof as required; and\nthe provision of adequate library and research facilities and services for members of the Legislative Assembly; and\nthe provision of dining facilities; and\nthe care of the parliamentary gardens and grounds; and\nthe provision of ceremonial and security services; and\nthe maintenance of parliamentary buildings.\nThe parliamentary service shall have such other functions as are conferred or imposed upon it by or under this Act or any other enactment or as are determined by the Speaker from time to time.\ns 24 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 52 ; 2015 No. 3 s 12\n(sec.24-ssec.1) The functions of the parliamentary service are to provide administrative and support services to the Legislative Assembly and to members and committees thereof which may include— the provision of sufficient clerical staff, attendants and other staff to enable the Legislative Assembly and committees thereof to operate efficiently; and the provision of advice on parliamentary procedures and the functions of Parliament generally; and an accurate and efficient reporting of proceedings of the Legislative Assembly and of meetings of committees thereof as required; and the provision of adequate library and research facilities and services for members of the Legislative Assembly; and the provision of dining facilities; and the care of the parliamentary gardens and grounds; and the provision of ceremonial and security services; and the maintenance of parliamentary buildings.\n(sec.24-ssec.2) The parliamentary service shall have such other functions as are conferred or imposed upon it by or under this Act or any other enactment or as are determined by the Speaker from time to time.\n- (a) the provision of sufficient clerical staff, attendants and other staff to enable the Legislative Assembly and committees thereof to operate efficiently; and\n- (b) the provision of advice on parliamentary procedures and the functions of Parliament generally; and\n- (c) an accurate and efficient reporting of proceedings of the Legislative Assembly and of meetings of committees thereof as required; and\n- (d) the provision of adequate library and research facilities and services for members of the Legislative Assembly; and\n- (e) the provision of dining facilities; and\n- (f) the care of the parliamentary gardens and grounds; and\n- (g) the provision of ceremonial and security services; and\n- (h) the maintenance of parliamentary buildings.","sortOrder":30},{"sectionNumber":"pt.5","sectionType":"part","heading":"Management of parliamentary service","content":"# Management of parliamentary service","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Delegation by Clerk as chief executive of parliamentary service","content":"### sec.25 Delegation by Clerk as chief executive of parliamentary service\n\nThe Clerk may delegate the Clerk’s functions as chief executive of the parliamentary service to a parliamentary service officer or employee.\ns 25 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 53","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Appointment of parliamentary service officers and employees","content":"### sec.26 Appointment of parliamentary service officers and employees\n\nThe Clerk may appoint appropriately qualified and competent persons as—\nofficers or officers on probation of the parliamentary service; or\nemployees in the parliamentary service.\nThe Speaker may appoint appropriately qualified and competent persons as—\nofficers or officers on probation of the parliamentary service in the Office of the Speaker; or\nemployees in the parliamentary service in the Office of the Speaker.\ns 26 amd 1995 No. 38 s 35 sch 1\nsub 2011 No. 24 s 54\n(sec.26-ssec.1) The Clerk may appoint appropriately qualified and competent persons as— officers or officers on probation of the parliamentary service; or employees in the parliamentary service.\n(sec.26-ssec.2) The Speaker may appoint appropriately qualified and competent persons as— officers or officers on probation of the parliamentary service in the Office of the Speaker; or employees in the parliamentary service in the Office of the Speaker.\n- (a) officers or officers on probation of the parliamentary service; or\n- (b) employees in the parliamentary service.\n- (a) officers or officers on probation of the parliamentary service in the Office of the Speaker; or\n- (b) employees in the parliamentary service in the Office of the Speaker.","sortOrder":33},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Electorate office staff","content":"### sec.26AA Electorate office staff\n\nOn the recommendation of a member, the Clerk may appoint a person under section 26 (1) as an officer in the member’s electorate office to help the member to effectively discharge the member’s duties.\nIn this section—\nmember means a member of the Legislative Assembly.\nofficer means an officer or officer on probation of the parliamentary service.\ns 26AA ins 2010 No. 36 s 52\namd 2011 No. 24 s 55\n(sec.26AA-ssec.1) On the recommendation of a member, the Clerk may appoint a person under section 26 (1) as an officer in the member’s electorate office to help the member to effectively discharge the member’s duties.\n(sec.26AA-ssec.2) In this section— member means a member of the Legislative Assembly. officer means an officer or officer on probation of the parliamentary service.","sortOrder":34},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Officers and employees employed under this Act","content":"### sec.26A Officers and employees employed under this Act\n\nOfficers and employees of the parliamentary service are to be employed under this Act, and not under the Public Sector Act 2022 .\ns 26A ins 1996 No. 37 s 147 sch 2\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Bases of employment of officers in parliamentary service","content":"### sec.27 Bases of employment of officers in parliamentary service\n\nAppointment to an office within the parliamentary service, including by way of promotion—\nshall be made on the basis of full-time employment, if the office is not one or one of a class of office referred to in paragraph (b) ; or\nmay be made on the basis of part-time employment, if the office is one or one of a class of office approved by the Clerk to be open to appointment on that basis.\nAppointment to an office within the parliamentary service, including by way of promotion, shall be made as follows—\nif the office is one declared pursuant to subsection (3) —the appointment shall be made for a limited duration of tenure;\nif the office is one not declared pursuant to subsection (3) —the appointment shall be upon a tenure that is not limited by time.\nThe Speaker may declare any office or class of office, other than that of the Clerk, to be an office or class of office to which appointment shall be made upon a contract basis.\nWhile such a declaration subsists, appointment to the office so declared or to an office of a class so declared shall be made upon a contract basis.\ns 27 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 56 ; 2015 No. 3 s 13\n(sec.27-ssec.1) Appointment to an office within the parliamentary service, including by way of promotion— shall be made on the basis of full-time employment, if the office is not one or one of a class of office referred to in paragraph (b) ; or may be made on the basis of part-time employment, if the office is one or one of a class of office approved by the Clerk to be open to appointment on that basis.\n(sec.27-ssec.2) Appointment to an office within the parliamentary service, including by way of promotion, shall be made as follows— if the office is one declared pursuant to subsection (3) —the appointment shall be made for a limited duration of tenure; if the office is one not declared pursuant to subsection (3) —the appointment shall be upon a tenure that is not limited by time.\n(sec.27-ssec.3) The Speaker may declare any office or class of office, other than that of the Clerk, to be an office or class of office to which appointment shall be made upon a contract basis.\n(sec.27-ssec.4) While such a declaration subsists, appointment to the office so declared or to an office of a class so declared shall be made upon a contract basis.\n- (a) shall be made on the basis of full-time employment, if the office is not one or one of a class of office referred to in paragraph (b) ; or\n- (b) may be made on the basis of part-time employment, if the office is one or one of a class of office approved by the Clerk to be open to appointment on that basis.\n- (a) if the office is one declared pursuant to subsection (3) —the appointment shall be made for a limited duration of tenure;\n- (b) if the office is one not declared pursuant to subsection (3) —the appointment shall be upon a tenure that is not limited by time.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Conditions of employment on contract","content":"### sec.28 Conditions of employment on contract\n\nWhere appointment to an office within the parliamentary service is duly made under this Act upon a contract basis, the conditions of employment in that office—\nshall be as approved from time to time by the Clerk and accepted by the person who is or is to be the holder of the office; and\nis to be governed by the contract of employment between the Clerk and the officer concerned; and\nshall not be subject to any industrial instrument or any determination or rule of an industrial tribunal.\nWhere there has been made to any person an offer of a contract of employment with respect to the person’s employment in an office that under this Act is one to which appointment shall be made upon a contract basis it shall be deemed—\nwhere the offer is made before the person’s appointment to the office—that upon accepting appointment to the office; or\nwhere the offer is made after the person’s appointment to the office—that, upon agreeing to being engaged under a contract of employment in the office;\nthe person has made with the Clerk a contract of employment upon the conditions approved by the Clerk in relation to the office and conveyed to the person.\nIf at any time an appointment to an office purporting to have been made under this Act upon a contract basis is not duly so made, the appointment shall be deemed to have been made upon a tenure that is not limited by time and upon conditions of employment provided for by any relevant industrial instrument and the appointee shall hold the office accordingly.\nWhere the contract of employment made or deemed to have been made with the Clerk by an officer of the parliamentary service who holds an office upon a contract basis is terminated otherwise than by way of disciplinary action pursuant to this Act the officer is entitled to elect to continue to be employed as an officer, though not upon a contract basis, at a level of salary determined by the Clerk but not less than the level of salary at which the officer was employed at the time immediately before the officer first accepted employment upon a contract basis, adjusted to accord with movements in relation to salaries since that time and, if he or she does so elect, the officer shall renounce all entitlements secured to the officer by the contract of employment in the event of its termination in the circumstances in which the termination has occurred.\nEvery such election—\nshall be made in writing signed by the officer and given to the Clerk no later than 14 days after notice of termination of the contract has been given to the officer; and\nupon being duly made, shall have the effect that the elector’s services as an officer shall be deemed not to have been terminated by the termination of the contract of employment but to have continued in accordance with the terms of election prescribed by subsection (4) .\nSubsections (4) and (5) apply only in relation to—\nan office of a prescribed class; and\nan officer who at the time the officer was first appointed to an office upon a contract basis held an office within the parliamentary service upon a tenure unlimited by time, and whose service in the lastmentioned office and in any office or offices subsequently held by the officer until the termination of the contract in question has been continuous.\ns 28 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 57 ; 2016 No. 63 s 1157 sch 6\n(sec.28-ssec.1) Where appointment to an office within the parliamentary service is duly made under this Act upon a contract basis, the conditions of employment in that office— shall be as approved from time to time by the Clerk and accepted by the person who is or is to be the holder of the office; and is to be governed by the contract of employment between the Clerk and the officer concerned; and shall not be subject to any industrial instrument or any determination or rule of an industrial tribunal.\n(sec.28-ssec.2) Where there has been made to any person an offer of a contract of employment with respect to the person’s employment in an office that under this Act is one to which appointment shall be made upon a contract basis it shall be deemed— where the offer is made before the person’s appointment to the office—that upon accepting appointment to the office; or where the offer is made after the person’s appointment to the office—that, upon agreeing to being engaged under a contract of employment in the office; the person has made with the Clerk a contract of employment upon the conditions approved by the Clerk in relation to the office and conveyed to the person.\n(sec.28-ssec.3) If at any time an appointment to an office purporting to have been made under this Act upon a contract basis is not duly so made, the appointment shall be deemed to have been made upon a tenure that is not limited by time and upon conditions of employment provided for by any relevant industrial instrument and the appointee shall hold the office accordingly.\n(sec.28-ssec.4) Where the contract of employment made or deemed to have been made with the Clerk by an officer of the parliamentary service who holds an office upon a contract basis is terminated otherwise than by way of disciplinary action pursuant to this Act the officer is entitled to elect to continue to be employed as an officer, though not upon a contract basis, at a level of salary determined by the Clerk but not less than the level of salary at which the officer was employed at the time immediately before the officer first accepted employment upon a contract basis, adjusted to accord with movements in relation to salaries since that time and, if he or she does so elect, the officer shall renounce all entitlements secured to the officer by the contract of employment in the event of its termination in the circumstances in which the termination has occurred.\n(sec.28-ssec.5) Every such election— shall be made in writing signed by the officer and given to the Clerk no later than 14 days after notice of termination of the contract has been given to the officer; and upon being duly made, shall have the effect that the elector’s services as an officer shall be deemed not to have been terminated by the termination of the contract of employment but to have continued in accordance with the terms of election prescribed by subsection (4) .\n(sec.28-ssec.6) Subsections (4) and (5) apply only in relation to— an office of a prescribed class; and an officer who at the time the officer was first appointed to an office upon a contract basis held an office within the parliamentary service upon a tenure unlimited by time, and whose service in the lastmentioned office and in any office or offices subsequently held by the officer until the termination of the contract in question has been continuous.\n- (a) shall be as approved from time to time by the Clerk and accepted by the person who is or is to be the holder of the office; and\n- (b) is to be governed by the contract of employment between the Clerk and the officer concerned; and\n- (c) shall not be subject to any industrial instrument or any determination or rule of an industrial tribunal.\n- (a) where the offer is made before the person’s appointment to the office—that upon accepting appointment to the office; or\n- (b) where the offer is made after the person’s appointment to the office—that, upon agreeing to being engaged under a contract of employment in the office;\n- (a) shall be made in writing signed by the officer and given to the Clerk no later than 14 days after notice of termination of the contract has been given to the officer; and\n- (b) upon being duly made, shall have the effect that the elector’s services as an officer shall be deemed not to have been terminated by the termination of the contract of employment but to have continued in accordance with the terms of election prescribed by subsection (4) .\n- (a) an office of a prescribed class; and\n- (b) an officer who at the time the officer was first appointed to an office upon a contract basis held an office within the parliamentary service upon a tenure unlimited by time, and whose service in the lastmentioned office and in any office or offices subsequently held by the officer until the termination of the contract in question has been continuous.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Salaries and conditions of employment","content":"### sec.29 Salaries and conditions of employment\n\nThe Clerk, officers of and employees in the parliamentary service shall be paid such remuneration and allowances and shall be employed on such terms and conditions of service as may from time to time subject to any applicable industrial instrument be decided—\nfor the Clerk—by the Speaker; or\nfor parliamentary service officers and employees—by the Clerk.\nThe Speaker must ensure the remuneration, conditions of employment and other benefits given to the Clerk are comparable to those of State officers and employees who have similar duties.\nThe Clerk must ensure the remuneration, conditions of employment and other benefits given to parliamentary service officers and employees are comparable to those of State officers and employees who have similar duties.\nOfficers of and employees in the parliamentary service are not officers of the public service.\ns 29 amd 1995 No. 38 s 35 sch 1 ; 2002 No. 31 s 4 ; 2011 No. 24 s 58 ; 2015 No. 3 s 14 ; 2016 No. 63 s 1157 sch 6\n(sec.29-ssec.1) The Clerk, officers of and employees in the parliamentary service shall be paid such remuneration and allowances and shall be employed on such terms and conditions of service as may from time to time subject to any applicable industrial instrument be decided— for the Clerk—by the Speaker; or for parliamentary service officers and employees—by the Clerk.\n(sec.29-ssec.2) The Speaker must ensure the remuneration, conditions of employment and other benefits given to the Clerk are comparable to those of State officers and employees who have similar duties.\n(sec.29-ssec.3) The Clerk must ensure the remuneration, conditions of employment and other benefits given to parliamentary service officers and employees are comparable to those of State officers and employees who have similar duties.\n(sec.29-ssec.4) Officers of and employees in the parliamentary service are not officers of the public service.\n- (a) for the Clerk—by the Speaker; or\n- (b) for parliamentary service officers and employees—by the Clerk.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Superannuation","content":"### sec.30 Superannuation\n\nWhere a person—\nimmediately prior to the appointed day is an officer within the meaning of a superannuation Act; and\nunder the transitional provision is deemed to be appointed or seconded to perform the duties of an officer of or employee in the parliamentary service;\nfor as long as the person continues to perform full-time the duties of an officer of or employee in the parliamentary service (whether as an officer of the public service or as an officer of or employee in the parliamentary service) in a permanent capacity—\nall entitlements (if any) which at the appointed day have accrued or are accruing in respect of the person under that Act shall be retained; and\nthe person shall be deemed to continue to be an officer within the meaning of that Act and the provisions of that Act shall apply accordingly.\nIn subsection (2) —\nsuperannuation Act means—\nthe Public Service Superannuation Act 1958 ;\nthe State Service Superannuation Act 1972 .\ntransitional provision means section 46 of this Act as in force immediately before this Act was amended by the Parliamentary Committees Act 1995 , section 35 .\nNothing in this section shall be construed to prevent the Speaker or any person from participating in any superannuation scheme pursuant to any other Act.\ns 30 amd 1995 No. 38 s 35 sch 1 ; 2000 No. 52 s 48 sch ; 2002 No. 31 s 5\n(sec.30-ssec.2) Where a person— immediately prior to the appointed day is an officer within the meaning of a superannuation Act; and under the transitional provision is deemed to be appointed or seconded to perform the duties of an officer of or employee in the parliamentary service; for as long as the person continues to perform full-time the duties of an officer of or employee in the parliamentary service (whether as an officer of the public service or as an officer of or employee in the parliamentary service) in a permanent capacity— all entitlements (if any) which at the appointed day have accrued or are accruing in respect of the person under that Act shall be retained; and the person shall be deemed to continue to be an officer within the meaning of that Act and the provisions of that Act shall apply accordingly.\n(sec.30-ssec.3) In subsection (2) — superannuation Act means— the Public Service Superannuation Act 1958 ; the State Service Superannuation Act 1972 . transitional provision means section 46 of this Act as in force immediately before this Act was amended by the Parliamentary Committees Act 1995 , section 35 .\n(sec.30-ssec.4) Nothing in this section shall be construed to prevent the Speaker or any person from participating in any superannuation scheme pursuant to any other Act.\n- (a) immediately prior to the appointed day is an officer within the meaning of a superannuation Act; and\n- (b) under the transitional provision is deemed to be appointed or seconded to perform the duties of an officer of or employee in the parliamentary service;\n- (c) all entitlements (if any) which at the appointed day have accrued or are accruing in respect of the person under that Act shall be retained; and\n- (d) the person shall be deemed to continue to be an officer within the meaning of that Act and the provisions of that Act shall apply accordingly.\n- (a) the Public Service Superannuation Act 1958 ;\n- (b) the State Service Superannuation Act 1972 .","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Contributions by Clerk","content":"### sec.31 Contributions by Clerk\n\nThe Clerk must pay the amounts that, under the Superannuation (State Public Sector) Act 1990 , are payable by a unit of the State public sector for the officers and employees in the parliamentary service.\nContributions required by law to be paid by the Clerk in respect of any superannuation scheme shall be paid by the Clerk.\ns 31 amd 1995 No. 38 s 35 sch 1 ; 2000 No. 52 s 48 sch ; 2011 No. 24 s 59\n(sec.31-ssec.1) The Clerk must pay the amounts that, under the Superannuation (State Public Sector) Act 1990 , are payable by a unit of the State public sector for the officers and employees in the parliamentary service.\n(sec.31-ssec.2) Contributions required by law to be paid by the Clerk in respect of any superannuation scheme shall be paid by the Clerk.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Vacancies to be advertised","content":"### sec.32 Vacancies to be advertised\n\nA person shall not be appointed to fill a vacancy in an office within the parliamentary service unless the vacancy has been notified in the gazette.\nSubsection (1) does not apply if the office in which the vacancy exists—\nis of a temporary nature; or\nis an office of a class of office prescribed by rules made by the Speaker to be a class of office in respect of which a vacancy need not be advertised.\nThe reclassification of an office creates a vacancy in that office for the purposes of subsection (1) .\ns 32 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 60 ; 2015 No. 3 s 15\n(sec.32-ssec.1) A person shall not be appointed to fill a vacancy in an office within the parliamentary service unless the vacancy has been notified in the gazette.\n(sec.32-ssec.2) Subsection (1) does not apply if the office in which the vacancy exists— is of a temporary nature; or is an office of a class of office prescribed by rules made by the Speaker to be a class of office in respect of which a vacancy need not be advertised.\n(sec.32-ssec.3) The reclassification of an office creates a vacancy in that office for the purposes of subsection (1) .\n- (a) is of a temporary nature; or\n- (b) is an office of a class of office prescribed by rules made by the Speaker to be a class of office in respect of which a vacancy need not be advertised.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Publication of appointments","content":"### sec.33 Publication of appointments\n\nNotification of every appointment of a person as an officer of the parliamentary service shall be published in the gazette.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Engagement of staff other than officers","content":"### sec.34 Engagement of staff other than officers\n\nThe Clerk may engage the services of a person if—\nthe position in which that person’s services are to be employed is of a kind ordinarily held by a person who is not an officer of the parliamentary service; or\nthe position being of a kind ordinarily held by an officer of the parliamentary service, the engagement is required to meet temporary circumstances or is upon a basis not permissible for the engagement of such an officer.\nThe appointment of a person whose services are engaged under subsection (1) shall be made in writing signed by the Clerk.\nAn engagement of a person under subsection (1) may be on such basis, for such duration of tenure and on such terms and conditions as are agreed between that person and the Clerk, subject to any applicable industrial instrument.\nA person appointed pursuant to this section shall not thereby become an officer of the parliamentary service.\ns 34 amd 2016 No. 63 s 1157 sch 6\n(sec.34-ssec.1) The Clerk may engage the services of a person if— the position in which that person’s services are to be employed is of a kind ordinarily held by a person who is not an officer of the parliamentary service; or the position being of a kind ordinarily held by an officer of the parliamentary service, the engagement is required to meet temporary circumstances or is upon a basis not permissible for the engagement of such an officer.\n(sec.34-ssec.1A) The appointment of a person whose services are engaged under subsection (1) shall be made in writing signed by the Clerk.\n(sec.34-ssec.2) An engagement of a person under subsection (1) may be on such basis, for such duration of tenure and on such terms and conditions as are agreed between that person and the Clerk, subject to any applicable industrial instrument.\n(sec.34-ssec.3) A person appointed pursuant to this section shall not thereby become an officer of the parliamentary service.\n- (a) the position in which that person’s services are to be employed is of a kind ordinarily held by a person who is not an officer of the parliamentary service; or\n- (b) the position being of a kind ordinarily held by an officer of the parliamentary service, the engagement is required to meet temporary circumstances or is upon a basis not permissible for the engagement of such an officer.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Appointment on probation","content":"### sec.35 Appointment on probation\n\nThis section does not apply in relation to an appointment of the Clerk or to an office within the parliamentary service made on a contract basis.\nA person who is not already an officer of the parliamentary service and who is appointed to an office shall be so appointed on probation for a period not less than 12 months.\nA person who is already an officer of the parliamentary service and who is appointed by way of promotion to an office shall be so appointed on probation for a period not less than 6 months.\nWhere a person has been appointed on probation in compliance with subsection (2) or (3) —\nif immediately before appointment the person was not an officer of the parliamentary service—the Clerk may—\nat any time during a period of probation, terminate the employment in the parliamentary service of the person;\nupon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or\nif immediately before appointment the person was an officer of the parliamentary service—the Clerk may—\nat any time during a period of probation, rescind the appointment;\nupon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment.\nWhere an appointment is rescinded pursuant to subsection (4) (b) the services of the officer shall be retained at a salary not less than the level of salary of the person immediately before the person was so appointed, until he or she is appointed to an office in the parliamentary service or is otherwise duly dealt with in accordance with this Act.\nIf a person who has been appointed on probation in compliance with subsection (2) or (3) is still serving a period of probation upon the expiry of 18 months after the date of appointment on probation, then, if within 1 month after that expiry the appointment has been neither confirmed nor rescinded, the person’s appointment shall be deemed to have been confirmed upon that expiry.\ns 35 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 61\n(sec.35-ssec.1) This section does not apply in relation to an appointment of the Clerk or to an office within the parliamentary service made on a contract basis.\n(sec.35-ssec.2) A person who is not already an officer of the parliamentary service and who is appointed to an office shall be so appointed on probation for a period not less than 12 months.\n(sec.35-ssec.3) A person who is already an officer of the parliamentary service and who is appointed by way of promotion to an office shall be so appointed on probation for a period not less than 6 months.\n(sec.35-ssec.4) Where a person has been appointed on probation in compliance with subsection (2) or (3) — if immediately before appointment the person was not an officer of the parliamentary service—the Clerk may— at any time during a period of probation, terminate the employment in the parliamentary service of the person; upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or if immediately before appointment the person was an officer of the parliamentary service—the Clerk may— at any time during a period of probation, rescind the appointment; upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment.\n(sec.35-ssec.5) Where an appointment is rescinded pursuant to subsection (4) (b) the services of the officer shall be retained at a salary not less than the level of salary of the person immediately before the person was so appointed, until he or she is appointed to an office in the parliamentary service or is otherwise duly dealt with in accordance with this Act.\n(sec.35-ssec.6) If a person who has been appointed on probation in compliance with subsection (2) or (3) is still serving a period of probation upon the expiry of 18 months after the date of appointment on probation, then, if within 1 month after that expiry the appointment has been neither confirmed nor rescinded, the person’s appointment shall be deemed to have been confirmed upon that expiry.\n- (a) if immediately before appointment the person was not an officer of the parliamentary service—the Clerk may— (i) at any time during a period of probation, terminate the employment in the parliamentary service of the person; (ii) upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or\n- (i) at any time during a period of probation, terminate the employment in the parliamentary service of the person;\n- (ii) upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or\n- (b) if immediately before appointment the person was an officer of the parliamentary service—the Clerk may— (i) at any time during a period of probation, rescind the appointment; (ii) upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment.\n- (i) at any time during a period of probation, rescind the appointment;\n- (ii) upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment.\n- (i) at any time during a period of probation, terminate the employment in the parliamentary service of the person;\n- (ii) upon the expiry of a period of probation, confirm the appointment, extend the period of probation, or rescind the appointment and thereby terminate the employment in the parliamentary service of the person; or\n- (i) at any time during a period of probation, rescind the appointment;\n- (ii) upon the expiry of a period of probation, confirm the appointment, extend the period of probation or rescind the appointment.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Resignation from parliamentary service","content":"### sec.36 Resignation from parliamentary service\n\nAn officer of the parliamentary service whose conditions of employment are governed by a contract of employment that provides for resignation and the manner thereof may resign employment in accordance with the contract of employment.\nAn officer of or employee in the parliamentary service other than one referred to in subsection (1) may at any time resign employment.\n(sec.36-ssec.1) An officer of the parliamentary service whose conditions of employment are governed by a contract of employment that provides for resignation and the manner thereof may resign employment in accordance with the contract of employment.\n(sec.36-ssec.2) An officer of or employee in the parliamentary service other than one referred to in subsection (1) may at any time resign employment.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Retirement from parliamentary service","content":"### sec.37 Retirement from parliamentary service\n\nAn officer of, or an employee in, the parliamentary service may elect to retire from the parliamentary service on or after turning 55.\nIf the Clerk suspects on reasonable grounds that a person, being an officer of or employee in the parliamentary service, by reason of mental or physical infirmity has not the capacity or is unfit—\nto discharge efficiently his or her duties; and\nto discharge efficiently any other duties that the Clerk might reasonably direct the officer or employee to discharge;\nthe Clerk shall obtain medical opinion on that person’s condition and to that end may appoint any medical practitioner or medical practitioners to examine that person and report to whomsoever the Clerk directs upon that person’s mental or physical condition or both and may direct that person to submit himself or herself to such examination.\nIf the Clerk believes on reasonable grounds that a person, being an officer of or employee in the parliamentary service by reason of mental or physical infirmity has not the capacity or is unfit as prescribed by subsection (2) , the Clerk may call upon that person to retire from the parliamentary service within a time specified by the Clerk.\nIf a person called upon pursuant to subsection (3) to retire does not retire within the time specified, the Clerk may dismiss the person from the parliamentary service.\ns 37 amd 1994 No. 29 s 3 sch ; 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 62\n(sec.37-ssec.1) An officer of, or an employee in, the parliamentary service may elect to retire from the parliamentary service on or after turning 55.\n(sec.37-ssec.2) If the Clerk suspects on reasonable grounds that a person, being an officer of or employee in the parliamentary service, by reason of mental or physical infirmity has not the capacity or is unfit— to discharge efficiently his or her duties; and to discharge efficiently any other duties that the Clerk might reasonably direct the officer or employee to discharge; the Clerk shall obtain medical opinion on that person’s condition and to that end may appoint any medical practitioner or medical practitioners to examine that person and report to whomsoever the Clerk directs upon that person’s mental or physical condition or both and may direct that person to submit himself or herself to such examination.\n(sec.37-ssec.3) If the Clerk believes on reasonable grounds that a person, being an officer of or employee in the parliamentary service by reason of mental or physical infirmity has not the capacity or is unfit as prescribed by subsection (2) , the Clerk may call upon that person to retire from the parliamentary service within a time specified by the Clerk.\n(sec.37-ssec.4) If a person called upon pursuant to subsection (3) to retire does not retire within the time specified, the Clerk may dismiss the person from the parliamentary service.\n- (a) to discharge efficiently his or her duties; and\n- (b) to discharge efficiently any other duties that the Clerk might reasonably direct the officer or employee to discharge;","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Mode of resignation or retirement","content":"### sec.38 Mode of resignation or retirement\n\nThe resignation or retirement of an officer of or employee in the parliamentary service shall be effected by signed notice given to the Clerk and shall be given and take effect as prescribed by rules from time to time made by the Speaker.\ns 38 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 63 ; 2015 No. 3 s 16","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Retrenchment","content":"### sec.39 Retrenchment\n\nWhere the Clerk is satisfied that the services of a person, being an officer of or employee in the parliamentary service, can no longer be gainfully utilised in the position held by the person because the position has become redundant, and the Clerk is satisfied that—\nit is not practicable to retrain or redeploy that person; and\nthe redundancy arrangements approved by the Clerk have been complied with in relation to that person;\nthe Clerk may terminate the services of that person by way of retrenchment in accordance with those redundancy arrangements.\nRedundancy arrangements for the time being approved by the Clerk for the purposes of subsection (1) shall be comparable to the redundancy arrangements for the time being approved—\nin the case of officers—under a directive made under the Public Sector Act 2022 in relation to officers of the public service who have similar duties and responsibilities;\nin the case of employees—under the Industrial Relations Act 2016 in relation to employees of the Crown who have similar duties and responsibilities.\ns 39 amd 1995 No. 38 s 35 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2011 No. 24 s 64 ; 2022 No. 34 s 365 sch 3\n(sec.39-ssec.1) Where the Clerk is satisfied that the services of a person, being an officer of or employee in the parliamentary service, can no longer be gainfully utilised in the position held by the person because the position has become redundant, and the Clerk is satisfied that— it is not practicable to retrain or redeploy that person; and the redundancy arrangements approved by the Clerk have been complied with in relation to that person; the Clerk may terminate the services of that person by way of retrenchment in accordance with those redundancy arrangements.\n(sec.39-ssec.2) Redundancy arrangements for the time being approved by the Clerk for the purposes of subsection (1) shall be comparable to the redundancy arrangements for the time being approved— in the case of officers—under a directive made under the Public Sector Act 2022 in relation to officers of the public service who have similar duties and responsibilities; in the case of employees—under the Industrial Relations Act 2016 in relation to employees of the Crown who have similar duties and responsibilities.\n- (a) it is not practicable to retrain or redeploy that person; and\n- (b) the redundancy arrangements approved by the Clerk have been complied with in relation to that person;\n- (a) in the case of officers—under a directive made under the Public Sector Act 2022 in relation to officers of the public service who have similar duties and responsibilities;\n- (b) in the case of employees—under the Industrial Relations Act 2016 in relation to employees of the Crown who have similar duties and responsibilities.","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Discipline","content":"### sec.40 Discipline\n\nAn officer of or employee in the parliamentary service is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the Clerk to exist, namely—\nincompetence or inefficiency in the discharge of his or her duties;\nnegligence, carelessness or indolence in the discharge of his or her duties;\nmisconduct;\nabsence from duty except—\nupon leave duly granted as prescribed; or\nwith reasonable cause;\nwilful failure to comply with a lawful direction issued to the officer or employee by any person having authority over him or her;\nwilful failure to comply with any provision of a code of conduct approved by the Clerk for officers of and employees in the parliamentary service.\nWhere action against a person is contemplated on a ground referred to in subsection (1) (d) the Clerk may appoint any medical practitioner or medical practitioners to examine that person and to report to the Clerk or as the Clerk directs upon that person’s mental or physical condition or both, and may direct that person to submit himself or herself to such examination.\nIf the Clerk is satisfied that a person should be disciplined pursuant to subsection (1) , the Clerk may order that the person be disciplined in a manner that appears to the Clerk to be warranted, having regard to any relevant guidelines that may have been issued in relation to the exercise of discipline under this Act.\nWithout limiting the range of disciplines that may be imposed pursuant to subsection (3) , such disciplines may consist of 1 or more of the following—\ndismissal;\nreprimand;\nforfeiture or deferment of a salary increment or increase;\nreduction in the person’s level of salary;\na deduction from the person’s salary or wages of an amount not exceeding 2 penalty units.\ns 40 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 65\n(sec.40-ssec.1) An officer of or employee in the parliamentary service is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the Clerk to exist, namely— incompetence or inefficiency in the discharge of his or her duties; negligence, carelessness or indolence in the discharge of his or her duties; misconduct; absence from duty except— upon leave duly granted as prescribed; or with reasonable cause; wilful failure to comply with a lawful direction issued to the officer or employee by any person having authority over him or her; wilful failure to comply with any provision of a code of conduct approved by the Clerk for officers of and employees in the parliamentary service.\n(sec.40-ssec.2) Where action against a person is contemplated on a ground referred to in subsection (1) (d) the Clerk may appoint any medical practitioner or medical practitioners to examine that person and to report to the Clerk or as the Clerk directs upon that person’s mental or physical condition or both, and may direct that person to submit himself or herself to such examination.\n(sec.40-ssec.3) If the Clerk is satisfied that a person should be disciplined pursuant to subsection (1) , the Clerk may order that the person be disciplined in a manner that appears to the Clerk to be warranted, having regard to any relevant guidelines that may have been issued in relation to the exercise of discipline under this Act.\n(sec.40-ssec.4) Without limiting the range of disciplines that may be imposed pursuant to subsection (3) , such disciplines may consist of 1 or more of the following— dismissal; reprimand; forfeiture or deferment of a salary increment or increase; reduction in the person’s level of salary; a deduction from the person’s salary or wages of an amount not exceeding 2 penalty units.\n- (a) incompetence or inefficiency in the discharge of his or her duties;\n- (b) negligence, carelessness or indolence in the discharge of his or her duties;\n- (c) misconduct;\n- (d) absence from duty except— (i) upon leave duly granted as prescribed; or (ii) with reasonable cause;\n- (i) upon leave duly granted as prescribed; or\n- (ii) with reasonable cause;\n- (e) wilful failure to comply with a lawful direction issued to the officer or employee by any person having authority over him or her;\n- (f) wilful failure to comply with any provision of a code of conduct approved by the Clerk for officers of and employees in the parliamentary service.\n- (i) upon leave duly granted as prescribed; or\n- (ii) with reasonable cause;\n- (a) dismissal;\n- (c) reprimand;\n- (d) forfeiture or deferment of a salary increment or increase;\n- (e) reduction in the person’s level of salary;\n- (f) a deduction from the person’s salary or wages of an amount not exceeding 2 penalty units.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Suspension","content":"### sec.41 Suspension\n\nWhere it appears on reasonable grounds to the Clerk that a parliamentary service officer or employee is liable to disciplinary action under section 40 or is suspected of involvement in circumstances such that the efficient and proper management of parliamentary service might be prejudiced if the officer’s or employee’s services are continued, the officer or employee may be suspended from duty by the Clerk.\nA suspension imposed on a person under subsection (1) may be lifted at any time by the Clerk.\nA person suspended from duty shall not be entitled to receive salary or wages for any period during which the person does not perform his or her duties, unless the Clerk otherwise determines.\nA person suspended from duty who is not entitled to salary or wages for the period of suspension, if the person resumes duty as an officer of or employee in the parliamentary service upon the lifting of the suspension, shall be entitled to receive a sum equivalent to the amount of salary or wages the person would have received had the person not been suspended diminished by the amount of salary, wages or fees (if any) to which he or she became entitled from any source during the period of suspension, unless the Clerk otherwise determines.\ns 41 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 66\n(sec.41-ssec.1) Where it appears on reasonable grounds to the Clerk that a parliamentary service officer or employee is liable to disciplinary action under section 40 or is suspected of involvement in circumstances such that the efficient and proper management of parliamentary service might be prejudiced if the officer’s or employee’s services are continued, the officer or employee may be suspended from duty by the Clerk.\n(sec.41-ssec.3) A suspension imposed on a person under subsection (1) may be lifted at any time by the Clerk.\n(sec.41-ssec.4) A person suspended from duty shall not be entitled to receive salary or wages for any period during which the person does not perform his or her duties, unless the Clerk otherwise determines.\n(sec.41-ssec.5) A person suspended from duty who is not entitled to salary or wages for the period of suspension, if the person resumes duty as an officer of or employee in the parliamentary service upon the lifting of the suspension, shall be entitled to receive a sum equivalent to the amount of salary or wages the person would have received had the person not been suspended diminished by the amount of salary, wages or fees (if any) to which he or she became entitled from any source during the period of suspension, unless the Clerk otherwise determines.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Mode of dismissal or suspension","content":"### sec.42 Mode of dismissal or suspension\n\nDismissal or suspension of an officer of or employee in the parliamentary service shall be effected in accordance with this Act, any relevant guidelines that may have been issued in relation thereto under this Act and the principles of natural justice.\nDismissal or suspension of an officer or employee must be effected by writing signed by the Clerk and given to the officer or employee.\ns 42 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 67\n(sec.42-ssec.1) Dismissal or suspension of an officer of or employee in the parliamentary service shall be effected in accordance with this Act, any relevant guidelines that may have been issued in relation thereto under this Act and the principles of natural justice.\n(sec.42-ssec.2) Dismissal or suspension of an officer or employee must be effected by writing signed by the Clerk and given to the officer or employee.","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Appeals against promotional appointments and disciplinary action","content":"### sec.43 Appeals against promotional appointments and disciplinary action\n\nAn appeal on the merits lies to the Speaker in accordance with this section, and not otherwise, in respect of—\nall disciplinary action taken pursuant to this Act; and\nevery appointment to an office that involves the appointee’s promotion except—\nan office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and\nan office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies.\nAn officer of or employee in the parliamentary service who may exercise the right of appeal is—\nin the case of an appeal in respect of disciplinary action—an officer or employee who is aggrieved by the decision that has resulted in disciplinary action against him or her;\nin the case of an appeal against an appointment—an officer who satisfies the requirements of the rules made from time to time by the Speaker and published in the gazette in respect of appeals of the class of appeal in question.\nAn appeal in respect of disciplinary action may relate to the decision that has resulted in the action being taken or to the nature of the punishment or to both.\nJurisdiction is hereby conferred on the Speaker to hear and make determinations with respect to—\nall matters relevant to an appeal duly instituted in relation to disciplinary action; and\nall matters relevant to an appeal duly instituted in relation to an appointment.\nThe institution and conduct of an appeal provided for by this section shall be as prescribed by the rules made from time to time by the Speaker or, in so far as the rules do not so prescribe, as the Speaker determines from time to time, having regard to any guidelines issued pursuant to this Act in relation to the matter and to the principles—\nthat legal representation shall not be permitted to a party to an appeal; and\nthat the proceedings upon an appeal shall be informal and simple.\nNo appeal lies from a finding or determination made by the Speaker upon an appeal to it.\nThe determinations of the Speaker upon an appeal shall be furnished to the Clerk who shall act upon those determinations.\ns 43 amd 1995 No. 38 s 35 sch 1 ; 1995 No. 58 s 4 sch 1 ; 2011 No. 24 s 68 ; 2015 No. 3 s 17\n(sec.43-ssec.1) An appeal on the merits lies to the Speaker in accordance with this section, and not otherwise, in respect of— all disciplinary action taken pursuant to this Act; and every appointment to an office that involves the appointee’s promotion except— an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies.\n(sec.43-ssec.2) An officer of or employee in the parliamentary service who may exercise the right of appeal is— in the case of an appeal in respect of disciplinary action—an officer or employee who is aggrieved by the decision that has resulted in disciplinary action against him or her; in the case of an appeal against an appointment—an officer who satisfies the requirements of the rules made from time to time by the Speaker and published in the gazette in respect of appeals of the class of appeal in question.\n(sec.43-ssec.3) An appeal in respect of disciplinary action may relate to the decision that has resulted in the action being taken or to the nature of the punishment or to both.\n(sec.43-ssec.4) Jurisdiction is hereby conferred on the Speaker to hear and make determinations with respect to— all matters relevant to an appeal duly instituted in relation to disciplinary action; and all matters relevant to an appeal duly instituted in relation to an appointment.\n(sec.43-ssec.4A) The institution and conduct of an appeal provided for by this section shall be as prescribed by the rules made from time to time by the Speaker or, in so far as the rules do not so prescribe, as the Speaker determines from time to time, having regard to any guidelines issued pursuant to this Act in relation to the matter and to the principles— that legal representation shall not be permitted to a party to an appeal; and that the proceedings upon an appeal shall be informal and simple.\n(sec.43-ssec.5) No appeal lies from a finding or determination made by the Speaker upon an appeal to it.\n(sec.43-ssec.6) The determinations of the Speaker upon an appeal shall be furnished to the Clerk who shall act upon those determinations.\n- (a) all disciplinary action taken pursuant to this Act; and\n- (b) every appointment to an office that involves the appointee’s promotion except— (i) an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and (ii) an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies.\n- (i) an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and\n- (ii) an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies.\n- (i) an office or one of a class of office declared by or pursuant to this Act to be an office or class of office to which appointment shall be made upon a contract basis; and\n- (ii) an office or one of a class of office declared by rules made by the Speaker to be an office or a class of office in respect of appointment to which no appeal lies.\n- (a) in the case of an appeal in respect of disciplinary action—an officer or employee who is aggrieved by the decision that has resulted in disciplinary action against him or her;\n- (b) in the case of an appeal against an appointment—an officer who satisfies the requirements of the rules made from time to time by the Speaker and published in the gazette in respect of appeals of the class of appeal in question.\n- (a) all matters relevant to an appeal duly instituted in relation to disciplinary action; and\n- (b) all matters relevant to an appeal duly instituted in relation to an appointment.\n- (a) that legal representation shall not be permitted to a party to an appeal; and\n- (b) that the proceedings upon an appeal shall be informal and simple.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Reinstatement following dismissal","content":"### sec.44 Reinstatement following dismissal\n\nWhere a person dismissed from the parliamentary service is reinstated in a position within the parliamentary service consequent upon an exercise of jurisdiction by the Speaker, the person shall not suffer loss of salary or wages or any other benefits accruing under any Act in respect of being an officer of or employee in the parliamentary service in respect of the period during which the person was not an officer or employee except to the extent that the Speaker directs to the contrary.\ns 44 amd 1995 No. 38 s 35 sch 1 ; 2011 No. 24 s 69 ; 2015 No. 3 s 18","sortOrder":53},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Assessing suitability to be an officer or employee","content":"# Assessing suitability to be an officer or employee","sortOrder":54},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Definitions for part","content":"### sec.45 Definitions for part\n\nIn this part—\ncriminal history see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\ncriminal history report means a report given under section 47B .\nengage , a person, includes—\nallow a person employed by or within another entity to perform work or duties within the parliamentary service, under an arrangement with the other entity; and\nstart training a person in the parliamentary service as an apprentice or trainee, within the meaning of the Further Education and Training Act 2014 .\nrelevant duties see section 46 .\ns 45 prev s 45 om 1995 No. 38 s 35 sch 1\npres s 45 ins 2020 No. 25 s 10\n- (a) allow a person employed by or within another entity to perform work or duties within the parliamentary service, under an arrangement with the other entity; and\n- (b) start training a person in the parliamentary service as an apprentice or trainee, within the meaning of the Further Education and Training Act 2014 .","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Meaning of relevant duties","content":"### sec.46 Meaning of relevant duties\n\nDuties to be performed in the carrying out of the functions of the parliamentary service are relevant duties if the Clerk considers it may be necessary, because of the nature of the particular duties, to have regard to the criminal history of a person who is or will be performing the duties.\ns 46 prev s 46 amd 1990 No. 5 s 7 .12 sch\nom 1995 No. 38 s 35 sch 1\npres s 46 ins 2020 No. 25 s 10","sortOrder":57},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Obtaining criminal histories","content":"## Obtaining criminal histories","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Clerk may ask for consent to obtain criminal history","content":"### sec.47 Clerk may ask for consent to obtain criminal history\n\nIf the Clerk or Speaker proposes to appoint or engage a person to perform relevant duties, the Clerk may ask the person for written consent for the Clerk to obtain the person’s criminal history.\nSubsection (1) applies even if the person is an officer or employee of the parliamentary service when the Clerk proposes to appoint or engage the person to perform the relevant duties.\ns 47 prev s 47 om 1995 No. 38 s 35 sch 1\npres s 47 ins 2020 No. 25 s 10\n(sec.47-ssec.1) If the Clerk or Speaker proposes to appoint or engage a person to perform relevant duties, the Clerk may ask the person for written consent for the Clerk to obtain the person’s criminal history.\n(sec.47-ssec.2) Subsection (1) applies even if the person is an officer or employee of the parliamentary service when the Clerk proposes to appoint or engage the person to perform the relevant duties.","sortOrder":59},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Refusing consent","content":"### sec.47A Refusing consent\n\nThis section applies if the person does not consent, or withdraws the person’s consent, to the Clerk obtaining the person’s criminal history.\nIf the person is not an officer or employee of the parliamentary service, the Clerk may decide not to consider the person for appointment or engagement as an officer or employee to perform the relevant duties.\nIf the person is an officer or employee of the parliamentary service who is performing relevant duties, the Clerk may prevent the person from performing any further relevant duties.\ns 47A ins 2020 No. 25 s 10\n(sec.47A-ssec.1) This section applies if the person does not consent, or withdraws the person’s consent, to the Clerk obtaining the person’s criminal history.\n(sec.47A-ssec.2) If the person is not an officer or employee of the parliamentary service, the Clerk may decide not to consider the person for appointment or engagement as an officer or employee to perform the relevant duties.\n(sec.47A-ssec.3) If the person is an officer or employee of the parliamentary service who is performing relevant duties, the Clerk may prevent the person from performing any further relevant duties.","sortOrder":60},{"sectionNumber":"sec.47B","sectionType":"section","heading":"Obtaining criminal history with consent","content":"### sec.47B Obtaining criminal history with consent\n\nThis section applies if the person gives the Clerk written consent to the Clerk obtaining the person’s criminal history.\nThe Clerk may ask the police commissioner or another entity for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nThe request may include the following—\nthe person’s name and any other name the Clerk believes the person may use or may have used;\nthe person’s date and place of birth, gender and address.\nThe police commissioner must comply with a request made to the police commissioner under this section.\nHowever, the duty to comply under subsection (4) applies only to information in the police commissioner’s possession or to which the police commissioner has access.\ns 47B ins 2020 No. 25 s 10\n(sec.47B-ssec.1) This section applies if the person gives the Clerk written consent to the Clerk obtaining the person’s criminal history.\n(sec.47B-ssec.2) The Clerk may ask the police commissioner or another entity for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.47B-ssec.3) The request may include the following— the person’s name and any other name the Clerk believes the person may use or may have used; the person’s date and place of birth, gender and address.\n(sec.47B-ssec.4) The police commissioner must comply with a request made to the police commissioner under this section.\n(sec.47B-ssec.5) However, the duty to comply under subsection (4) applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) the person’s name and any other name the Clerk believes the person may use or may have used;\n- (b) the person’s date and place of birth, gender and address.","sortOrder":61},{"sectionNumber":"sec.47C","sectionType":"section","heading":"Criminal history no longer required to be obtained","content":"### sec.47C Criminal history no longer required to be obtained\n\nThis section applies if—\nthe Clerk has, under section 47B , asked the police commissioner to give the Clerk a written report about a person’s criminal history; and\nthe Clerk decides the criminal history is no longer required.\nThe Clerk must, by written notice, tell the police commissioner that the requested report is no longer required.\nIf the police commissioner is notified as mentioned in subsection (2) before the police commissioner has given the requested report to the Clerk, the police commissioner must not give it to the Clerk.\ns 47C ins 2020 No. 25 s 10\n(sec.47C-ssec.1) This section applies if— the Clerk has, under section 47B , asked the police commissioner to give the Clerk a written report about a person’s criminal history; and the Clerk decides the criminal history is no longer required.\n(sec.47C-ssec.2) The Clerk must, by written notice, tell the police commissioner that the requested report is no longer required.\n(sec.47C-ssec.3) If the police commissioner is notified as mentioned in subsection (2) before the police commissioner has given the requested report to the Clerk, the police commissioner must not give it to the Clerk.\n- (a) the Clerk has, under section 47B , asked the police commissioner to give the Clerk a written report about a person’s criminal history; and\n- (b) the Clerk decides the criminal history is no longer required.","sortOrder":62},{"sectionNumber":"sec.47D","sectionType":"section","heading":"Police commissioner must not use information given under this part","content":"### sec.47D Police commissioner must not use information given under this part\n\nInformation given to the police commissioner by the Clerk under section 47B (3) must not be accessed, disclosed or used for any purposes, other than a purpose under this part or any other purpose relevant to law enforcement.\nHowever, subsection (1) does not apply to information obtained by the police commissioner before the Clerk gave the information under section 47B (3) .\ns 47D ins 2020 No. 25 s 10\n(sec.47D-ssec.1) Information given to the police commissioner by the Clerk under section 47B (3) must not be accessed, disclosed or used for any purposes, other than a purpose under this part or any other purpose relevant to law enforcement.\n(sec.47D-ssec.2) However, subsection (1) does not apply to information obtained by the police commissioner before the Clerk gave the information under section 47B (3) .","sortOrder":63},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Use of criminal histories","content":"## Use of criminal histories","sortOrder":64},{"sectionNumber":"sec.47E","sectionType":"section","heading":"Assessment of suitability","content":"### sec.47E Assessment of suitability\n\nIf the Clerk obtains a person’s criminal history under this part, the Clerk must consider the criminal history in making an assessment about the person’s suitability for appointment or engagement to perform relevant duties.\ns 47E ins 2020 No. 25 s 10","sortOrder":65},{"sectionNumber":"sec.47F","sectionType":"section","heading":"Destruction of reports and notices","content":"### sec.47F Destruction of reports and notices\n\nThis section applies if—\na criminal history report about a person is no longer required to be kept for the purpose for which it was requested under this part; or\na notice given to the Clerk under section 47G is no longer required to be kept for deciding whether a person is suitable to perform relevant duties.\nThe Clerk must destroy the report, the notice and any other document containing information contained in the report or notice.\ns 47F ins 2020 No. 25 s 10\n(sec.47F-ssec.1) This section applies if— a criminal history report about a person is no longer required to be kept for the purpose for which it was requested under this part; or a notice given to the Clerk under section 47G is no longer required to be kept for deciding whether a person is suitable to perform relevant duties.\n(sec.47F-ssec.2) The Clerk must destroy the report, the notice and any other document containing information contained in the report or notice.\n- (a) a criminal history report about a person is no longer required to be kept for the purpose for which it was requested under this part; or\n- (b) a notice given to the Clerk under section 47G is no longer required to be kept for deciding whether a person is suitable to perform relevant duties.","sortOrder":66},{"sectionNumber":"pt.5A-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":67},{"sectionNumber":"sec.47G","sectionType":"section","heading":"Prosecuting authority to notify Clerk about committal, conviction etc.","content":"### sec.47G Prosecuting authority to notify Clerk about committal, conviction etc.\n\nThis section applies if the police commissioner or the director of public prosecutions (each a prosecuting authority ) is aware that a person is an officer or employee of the parliamentary service and, after the commencement of this section, the person is charged with a relevant offence.\nIf the person is committed by a court for trial for the relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the Clerk of the following—\nthe person’s name;\nthe court;\nparticulars of the offence;\nthe date of the committal;\nthe court to which the person was committed.\nIf the person is convicted before a court of the relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the Clerk of the following—\nthe person’s name;\nthe court;\nparticulars of the offence;\nthe date of the conviction;\nthe sentence imposed by the court.\nIf the person has appealed against the conviction mentioned in subsection (3) and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the Clerk of the following—\nthe person’s name;\nparticulars of the offence;\nthe date of the decision or other ending of the appeal;\nif the appeal was decided—\nthe court in which it was decided; and\nparticulars of the decision.\nIf the prosecution process for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the Clerk of the following—\nthe person’s name;\nif relevant, the court in which the prosecution process ended;\nparticulars of the offence;\nthe date the prosecution process ended.\nFor subsection (5) , the prosecution process ends if—\nan indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or\nthe prosecution process otherwise ends.\nIn this section—\ndisqualifying offence see the Working with Children Check Act 2000 , section 16 .\nrelevant offence means—\nan indictable offence; or\na disqualifying offence that is not an indictable offence.\ns 47G ins 2020 No. 25 s 10\namd 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 s ch 4 pt 1\n(sec.47G-ssec.1) This section applies if the police commissioner or the director of public prosecutions (each a prosecuting authority ) is aware that a person is an officer or employee of the parliamentary service and, after the commencement of this section, the person is charged with a relevant offence.\n(sec.47G-ssec.2) If the person is committed by a court for trial for the relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the Clerk of the following— the person’s name; the court; particulars of the offence; the date of the committal; the court to which the person was committed.\n(sec.47G-ssec.3) If the person is convicted before a court of the relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the Clerk of the following— the person’s name; the court; particulars of the offence; the date of the conviction; the sentence imposed by the court.\n(sec.47G-ssec.4) If the person has appealed against the conviction mentioned in subsection (3) and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the Clerk of the following— the person’s name; particulars of the offence; the date of the decision or other ending of the appeal; if the appeal was decided— the court in which it was decided; and particulars of the decision.\n(sec.47G-ssec.5) If the prosecution process for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the Clerk of the following— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the offence; the date the prosecution process ended.\n(sec.47G-ssec.6) For subsection (5) , the prosecution process ends if— an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or the prosecution process otherwise ends.\n(sec.47G-ssec.7) In this section— disqualifying offence see the Working with Children Check Act 2000 , section 16 . relevant offence means— an indictable offence; or a disqualifying offence that is not an indictable offence.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the offence;\n- (d) the date of the committal;\n- (e) the court to which the person was committed.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the offence;\n- (d) the date of the conviction;\n- (e) the sentence imposed by the court.\n- (a) the person’s name;\n- (b) particulars of the offence;\n- (c) the date of the decision or other ending of the appeal;\n- (d) if the appeal was decided— (i) the court in which it was decided; and (ii) particulars of the decision.\n- (i) the court in which it was decided; and\n- (ii) particulars of the decision.\n- (i) the court in which it was decided; and\n- (ii) particulars of the decision.\n- (a) the person’s name;\n- (b) if relevant, the court in which the prosecution process ended;\n- (c) particulars of the offence;\n- (d) the date the prosecution process ended.\n- (a) an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or\n- (b) the prosecution process otherwise ends.\n- (a) an indictable offence; or\n- (b) a disqualifying offence that is not an indictable offence.","sortOrder":68},{"sectionNumber":"sec.47H","sectionType":"section","heading":"False or misleading statements in consent","content":"### sec.47H False or misleading statements in consent\n\nA person must not give the Clerk a consent mentioned in section 47 , or another document for this part, that the person knows contains information that is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\ns 47H ins 2020 No. 25 s 10","sortOrder":69},{"sectionNumber":"sec.47I","sectionType":"section","heading":"Confidentiality","content":"### sec.47I Confidentiality\n\nIf a person obtains criminal history information in carrying out functions or performing duties as the Speaker, the Clerk, a member of the Legislative Assembly or an officer or employee of the parliamentary service, the person must not disclose the criminal history information to any other person unless the disclosure is permitted under subsection (2) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose criminal history information about an individual—\nto the Speaker, the Clerk, or an officer or employee of the parliamentary service, for the purpose of assessing the individual’s suitability to perform relevant duties; or\nto a member of the Legislative Assembly for the purpose of assessing the individual’s suitability—\nto perform relevant duties in the member’s electorate office under section 26AA ; or\nfor otherwise providing administrative and support services to the member; or\nwith the person’s consent; or\nif the disclosure is otherwise required or permitted under an Act.\nIn this section—\ncriminal history information means information contained in the following—\na criminal history report;\na notice given to the Clerk under section 47G .\ns 47I ins 2020 No. 25 s 10\n(sec.47I-ssec.1) If a person obtains criminal history information in carrying out functions or performing duties as the Speaker, the Clerk, a member of the Legislative Assembly or an officer or employee of the parliamentary service, the person must not disclose the criminal history information to any other person unless the disclosure is permitted under subsection (2) . Maximum penalty—100 penalty units.\n(sec.47I-ssec.2) The person is permitted to disclose criminal history information about an individual— to the Speaker, the Clerk, or an officer or employee of the parliamentary service, for the purpose of assessing the individual’s suitability to perform relevant duties; or to a member of the Legislative Assembly for the purpose of assessing the individual’s suitability— to perform relevant duties in the member’s electorate office under section 26AA ; or for otherwise providing administrative and support services to the member; or with the person’s consent; or if the disclosure is otherwise required or permitted under an Act.\n(sec.47I-ssec.3) In this section— criminal history information means information contained in the following— a criminal history report; a notice given to the Clerk under section 47G .\n- (a) to the Speaker, the Clerk, or an officer or employee of the parliamentary service, for the purpose of assessing the individual’s suitability to perform relevant duties; or\n- (b) to a member of the Legislative Assembly for the purpose of assessing the individual’s suitability— (i) to perform relevant duties in the member’s electorate office under section 26AA ; or (ii) for otherwise providing administrative and support services to the member; or\n- (i) to perform relevant duties in the member’s electorate office under section 26AA ; or\n- (ii) for otherwise providing administrative and support services to the member; or\n- (c) with the person’s consent; or\n- (d) if the disclosure is otherwise required or permitted under an Act.\n- (i) to perform relevant duties in the member’s electorate office under section 26AA ; or\n- (ii) for otherwise providing administrative and support services to the member; or\n- (a) a criminal history report;\n- (b) a notice given to the Clerk under section 47G .","sortOrder":70},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":"Service with parliamentary service and public service","content":"### sec.48 Service with parliamentary service and public service\n\nIf an officer of the public service becomes an officer of the parliamentary service, the officer is entitled to retain all existing and accruing rights as if the service as an officer of the parliamentary service were a continuation of the service as an officer of the public service.\nWhere a person ceases to be an officer of the parliamentary service and becomes an officer of the public service, the service as an officer of the parliamentary service shall be regarded as service of a like nature in the public service for the purpose of determining the person’s rights as an officer of the public service.\ns 48 amd 1995 No. 58 s 4 sch 1\n(sec.48-ssec.1) If an officer of the public service becomes an officer of the parliamentary service, the officer is entitled to retain all existing and accruing rights as if the service as an officer of the parliamentary service were a continuation of the service as an officer of the public service.\n(sec.48-ssec.2) Where a person ceases to be an officer of the parliamentary service and becomes an officer of the public service, the service as an officer of the parliamentary service shall be regarded as service of a like nature in the public service for the purpose of determining the person’s rights as an officer of the public service.","sortOrder":72},{"sectionNumber":"sec.49","sectionType":"section","heading":"Clerk and parliamentary service officers and employees are employees in industrial law","content":"### sec.49 Clerk and parliamentary service officers and employees are employees in industrial law\n\nEach parliamentary service officer or employee who receives salary or wages (other than on a contract basis) is an employee and the Clerk is his or her employer within the meaning of the Industrial Relations Act 2016 and that Act applies to them accordingly.\nThe Clerk is an employee and the Speaker is the Clerk’s employer within the meaning of the Industrial Relations Act 2016 and that Act applies to them accordingly.\ns 49 amd 1995 No. 38 s 35 sch 1 ; 1999 No. 33 s 747 sch 3\nsub 2011 No. 24 s 70\namd 2016 No. 63 s 1157 sch 6\n(sec.49-ssec.1) Each parliamentary service officer or employee who receives salary or wages (other than on a contract basis) is an employee and the Clerk is his or her employer within the meaning of the Industrial Relations Act 2016 and that Act applies to them accordingly.\n(sec.49-ssec.2) The Clerk is an employee and the Speaker is the Clerk’s employer within the meaning of the Industrial Relations Act 2016 and that Act applies to them accordingly.","sortOrder":73},{"sectionNumber":"sec.50","sectionType":"section","heading":"Behaviour in parliamentary precinct at discretion of Speaker","content":"### sec.50 Behaviour in parliamentary precinct at discretion of Speaker\n\nAll persons entering or upon the parliamentary precinct shall comply with the directions of the Speaker as to the behaviour, demeanour and conduct of such persons.\nDirections of the Speaker may take the form of by-laws prescribing behaviour and conduct made from time to time by the Speaker.\nThe by-laws may prescribe differing penalties for failure to comply with specified directions as to the behaviour, demeanour and conduct of persons entering or upon the parliamentary precinct but such that no prescribed penalty shall exceed 10 penalty units.\nA by-law is subordinate legislation.\nDirections in the form of by-laws made pursuant to subsection (2) shall be deemed to have been directed to every person who thereafter enters or is upon the parliamentary precinct.\nDirections made under this section may be directed towards a specified person or a person of a specified class or the holder or holders for the time being of a specified office or of specified classes of office.\nThe Speaker may authorise the Clerk or a parliamentary service officer or employee to give directions (not inconsistent with any directions given by the Speaker) under this section for the Speaker.\nDirections given under this section do not apply to members of the Legislative Assembly in the conduct of their parliamentary business.\nFor so long as a person (the offender ) fails to comply with a direction directed to the offender under this section, the offender shall not be entitled to enter or be upon the parliamentary precinct.\nIf, in the opinion of the Clerk or other person authorised in that regard by the Clerk (the authorised person ) a person is an offender, the Clerk or authorised person may order the offender to leave the parliamentary precinct and the offender shall forthwith so leave.\nThe Clerk, authorised persons and all persons acting in aid of the Clerk or an authorised person, using such force as is necessary, may—\nremove from the parliamentary precinct a person to whom an order is given pursuant to subsection (8A) ; and\nprevent that person’s return to or on the parliamentary precinct;\nunless that person demonstrates to the satisfaction of the Clerk or an authorised person that the person will comply with all current directions made under this section.\nA person who fails to comply with a direction made under this section and directed to the person commits an offence against this Act.\nMaximum penalty—\nwhere the by-laws prescribe a penalty for a failure to comply with that direction—that penalty;\nin any other case—10 penalty units.\ns 50 amd 1995 No. 38 s 35 sch 1\n(sec.50-ssec.1) All persons entering or upon the parliamentary precinct shall comply with the directions of the Speaker as to the behaviour, demeanour and conduct of such persons.\n(sec.50-ssec.2) Directions of the Speaker may take the form of by-laws prescribing behaviour and conduct made from time to time by the Speaker.\n(sec.50-ssec.2A) The by-laws may prescribe differing penalties for failure to comply with specified directions as to the behaviour, demeanour and conduct of persons entering or upon the parliamentary precinct but such that no prescribed penalty shall exceed 10 penalty units.\n(sec.50-ssec.2B) A by-law is subordinate legislation.\n(sec.50-ssec.3) Directions in the form of by-laws made pursuant to subsection (2) shall be deemed to have been directed to every person who thereafter enters or is upon the parliamentary precinct.\n(sec.50-ssec.4) Directions made under this section may be directed towards a specified person or a person of a specified class or the holder or holders for the time being of a specified office or of specified classes of office.\n(sec.50-ssec.5) The Speaker may authorise the Clerk or a parliamentary service officer or employee to give directions (not inconsistent with any directions given by the Speaker) under this section for the Speaker.\n(sec.50-ssec.7) Directions given under this section do not apply to members of the Legislative Assembly in the conduct of their parliamentary business.\n(sec.50-ssec.8) For so long as a person (the offender ) fails to comply with a direction directed to the offender under this section, the offender shall not be entitled to enter or be upon the parliamentary precinct.\n(sec.50-ssec.8A) If, in the opinion of the Clerk or other person authorised in that regard by the Clerk (the authorised person ) a person is an offender, the Clerk or authorised person may order the offender to leave the parliamentary precinct and the offender shall forthwith so leave.\n(sec.50-ssec.8B) The Clerk, authorised persons and all persons acting in aid of the Clerk or an authorised person, using such force as is necessary, may— remove from the parliamentary precinct a person to whom an order is given pursuant to subsection (8A) ; and prevent that person’s return to or on the parliamentary precinct; unless that person demonstrates to the satisfaction of the Clerk or an authorised person that the person will comply with all current directions made under this section.\n(sec.50-ssec.9) A person who fails to comply with a direction made under this section and directed to the person commits an offence against this Act. Maximum penalty— where the by-laws prescribe a penalty for a failure to comply with that direction—that penalty; in any other case—10 penalty units.\n- (a) remove from the parliamentary precinct a person to whom an order is given pursuant to subsection (8A) ; and\n- (b) prevent that person’s return to or on the parliamentary precinct;\n- (a) where the by-laws prescribe a penalty for a failure to comply with that direction—that penalty;\n- (b) in any other case—10 penalty units.","sortOrder":74},{"sectionNumber":"sec.51","sectionType":"section","heading":"Proceeding for offence against s 50","content":"### sec.51 Proceeding for offence against s 50\n\nA prosecution for an offence against section 50 shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the Clerk.\nIn any proceeding for an offence against section 50 —\nan allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation;\nit shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50 ) in the absence of evidence that challenges that appointment or authorisation;\nan averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment;\ndespite the Parliament of Queensland Act 2001 , section 8 , evidence may be given of a direction made or purportedly made by the Speaker or a person authorised under section 50 (5) during proceedings in the Assembly.\nAll penalties and expenses recovered pursuant to a proceeding for an offence against section 50 shall be paid into and form part of the funds of the Legislative Assembly.\nIn this section—\nproceedings in the Assembly see the Parliament of Queensland Act 2001 , section 9 .\ns 51 amd 1995 No. 38 s 35 sch 1 ; 2023 No. 31 s 9\n(sec.51-ssec.1) A prosecution for an offence against section 50 shall be by way of summary proceedings under the Justices Act 1886 upon the complaint of the Clerk.\n(sec.51-ssec.2) In any proceeding for an offence against section 50 — an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation; it shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50 ) in the absence of evidence that challenges that appointment or authorisation; an averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; despite the Parliament of Queensland Act 2001 , section 8 , evidence may be given of a direction made or purportedly made by the Speaker or a person authorised under section 50 (5) during proceedings in the Assembly.\n(sec.51-ssec.3) All penalties and expenses recovered pursuant to a proceeding for an offence against section 50 shall be paid into and form part of the funds of the Legislative Assembly.\n(sec.51-ssec.4) In this section— proceedings in the Assembly see the Parliament of Queensland Act 2001 , section 9 .\n- (a) an allegation in a complaint that a direction had been given by a person at the direction of the Speaker shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the allegation;\n- (b) it shall not be necessary to prove the appointment of the Clerk or that a person is an authorised person (within the meaning of section 50 ) in the absence of evidence that challenges that appointment or authorisation;\n- (c) an averment in a complaint that any act, matter or thing was done or omitted within the parliamentary precinct shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment;\n- (d) despite the Parliament of Queensland Act 2001 , section 8 , evidence may be given of a direction made or purportedly made by the Speaker or a person authorised under section 50 (5) during proceedings in the Assembly.","sortOrder":75},{"sectionNumber":"sec.52","sectionType":"section","heading":"Protection from liability","content":"### sec.52 Protection from liability\n\nIn this section—\nprotected person means—\nthe Speaker; or\nthe Clerk; or\nan authorised person under section 50 ; or\na person acting in aid of the Clerk or an authorised person.\nA protected person does not incur civil liability for an act done, or omission made, honestly and without negligence under section 50 .\nIf subsection (2) prevents civil liability attaching to a protected person, the liability attaches instead to the Legislative Assembly.\ns 52 sub 1995 No. 38 s 35 sch 1\n(sec.52-ssec.1) In this section— protected person means— the Speaker; or the Clerk; or an authorised person under section 50 ; or a person acting in aid of the Clerk or an authorised person.\n(sec.52-ssec.2) A protected person does not incur civil liability for an act done, or omission made, honestly and without negligence under section 50 .\n(sec.52-ssec.3) If subsection (2) prevents civil liability attaching to a protected person, the liability attaches instead to the Legislative Assembly.\n- (a) the Speaker; or\n- (b) the Clerk; or\n- (c) an authorised person under section 50 ; or\n- (d) a person acting in aid of the Clerk or an authorised person.","sortOrder":76},{"sectionNumber":"sec.53","sectionType":"section","heading":"Mode of service","content":"### sec.53 Mode of service\n\nAny notice or other writing required or permitted by this Act to be given to any person may be given to the person—\nby delivering it to him or her personally; or\nby leaving it for the person at his or her place of work or place of residence last known to the person giving the notice or writing; or\nby post addressed to the person at his or her place of work or place of residence last known to the person giving the notice or writing.\n- (a) by delivering it to him or her personally; or\n- (b) by leaving it for the person at his or her place of work or place of residence last known to the person giving the notice or writing; or\n- (c) by post addressed to the person at his or her place of work or place of residence last known to the person giving the notice or writing.","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 1995 No. 38 s 35 sch 1","sortOrder":78},{"sectionNumber":"sec.55","sectionType":"section","heading":"Rules","content":"### sec.55 Rules\n\nThe Speaker may make rules under this Act.\nA rule may make provision about the parliamentary service and, in particular—\nthe entitlements, responsibilities, authorities, obligations and liabilities of parliamentary service officers and employees; and\nappeals about promotional appointments and disciplinary action within the parliamentary service.\nA rule is subordinate legislation.\ns 55 sub 1995 No. 38 s 35 sch 1\namd 2011 No. 24 s 71 ; 2015 No. 3 s 19\n(sec.55-ssec.1) The Speaker may make rules under this Act.\n(sec.55-ssec.2) A rule may make provision about the parliamentary service and, in particular— the entitlements, responsibilities, authorities, obligations and liabilities of parliamentary service officers and employees; and appeals about promotional appointments and disciplinary action within the parliamentary service.\n(sec.55-ssec.3) A rule is subordinate legislation.\n- (a) the entitlements, responsibilities, authorities, obligations and liabilities of parliamentary service officers and employees; and\n- (b) appeals about promotional appointments and disciplinary action within the parliamentary service.","sortOrder":79},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Explanatory notes and human rights certificates for by-laws and rules to be prepared by Speaker","content":"### sec.55A Explanatory notes and human rights certificates for by-laws and rules to be prepared by Speaker\n\nIn relation to a by-law or rule made by the Speaker under this Act—\nthe Legislative Standards Act 1992 , section 22 (2) applies as if the reference to the responsible Minister were a reference to the Speaker; and\nthe Human Rights Act 2019 , section 41 (1) applies as if the reference to the responsible Minister for subordinate legislation were a reference to the Speaker; and\nthe Human Rights Act 2019 , section 41 (2) applies as if the reference to the Minister preparing the certificate were a reference to the Speaker.\ns 55A ins 2023 No. 31 s 10\n- (a) the Legislative Standards Act 1992 , section 22 (2) applies as if the reference to the responsible Minister were a reference to the Speaker; and\n- (b) the Human Rights Act 2019 , section 41 (1) applies as if the reference to the responsible Minister for subordinate legislation were a reference to the Speaker; and\n- (c) the Human Rights Act 2019 , section 41 (2) applies as if the reference to the Minister preparing the certificate were a reference to the Speaker.","sortOrder":80},{"sectionNumber":"sec.56","sectionType":"section","heading":"Regulation-making power","content":"### sec.56 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 56 sub 1995 No. 38 s 35 sch 1","sortOrder":81},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":82},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Transitional provision for Act No. 38 of 1995","content":"## Transitional provision for Act No. 38 of 1995","sortOrder":83},{"sectionNumber":"sec.57","sectionType":"section","heading":"Parliamentary service commission references","content":"### sec.57 Parliamentary service commission references\n\nIn an Act or document, a reference to the parliamentary service commission may, if the context permits, be taken to be a reference to the Legislative Assembly.\ns 57 ins 1995 No. 38 s 35 sch 1","sortOrder":84},{"sectionNumber":"sec.58","sectionType":"section","heading":"Clerk of the Legislative Assembly references","content":"### sec.58 Clerk of the Legislative Assembly references\n\nIn an Act or document, a reference to the Clerk of the Legislative Assembly may, if the context permits, be taken to be a reference to the Clerk of the Parliament.\ns 58 ins 1995 No. 38 s 35 sch 1","sortOrder":85},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009","content":"## Transitional provision for Electrical Safety and Other Legislation Amendment Act 2009","sortOrder":86},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 prev s 59 ins 1995 No. 38 s 35 sch 1\nexp 15 December 1995 (see s 64)\npres s 59 ins 2009 No. 38 s 48\namd 2011 No. 24 s 72\nom 2013 No. 39 s 109 sch 2","sortOrder":87},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provisions for Parliamentary Service and Other Acts Amendment Act 2011","content":"## Transitional provisions for Parliamentary Service and Other Acts Amendment Act 2011","sortOrder":88},{"sectionNumber":"sec.60","sectionType":"section","heading":"Definitions for div 3","content":"### sec.60 Definitions for div 3\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\nformer , in relation to a provision, means as in force before the amendment or repeal of the provision by the Parliamentary Service and Other Acts Amendment Act 2011 .\ns 60 prev s 60 ins 1995 No. 38 s 35 sch 1\nexp 15 December 1995 (see prev s 64)\npres s 60 ins 2011 No. 24 s 73","sortOrder":89},{"sectionNumber":"sec.61","sectionType":"section","heading":"Annual reports","content":"### sec.61 Annual reports\n\nFormer section 10 applies to the Speaker in relation to the last financial year ending before the commencement if an annual report for that financial year was not prepared and tabled under that section before the commencement.\nAlso, if the commencement happens during a financial year other than on 1 July—\nformer section 10 applies to the Speaker in relation to the part of the financial year before the commencement; and\nsection 10 applies to the CLA for the part of the financial year from the commencement.\nA single report may be given under subsections (1) and (2)(a).\ns 61 prev s 61 ins 1995 No. 38 s 35 sch 1\nexp 15 December 1995 (see prev s 64)\npres s 61 ins 2011 No. 24 s 73\n(sec.61-ssec.1) Former section 10 applies to the Speaker in relation to the last financial year ending before the commencement if an annual report for that financial year was not prepared and tabled under that section before the commencement.\n(sec.61-ssec.2) Also, if the commencement happens during a financial year other than on 1 July— former section 10 applies to the Speaker in relation to the part of the financial year before the commencement; and section 10 applies to the CLA for the part of the financial year from the commencement.\n(sec.61-ssec.3) A single report may be given under subsections (1) and (2)(a).\n- (a) former section 10 applies to the Speaker in relation to the part of the financial year before the commencement; and\n- (b) section 10 applies to the CLA for the part of the financial year from the commencement.","sortOrder":90},{"sectionNumber":"sec.62","sectionType":"section","heading":"Parliamentary service officers and employees","content":"### sec.62 Parliamentary service officers and employees\n\nThis section applies to a person who, immediately before the commencement, was employed by the Speaker as an officer or officer on probation of the parliamentary service or an employee in the parliamentary service.\nThe employment continues under this Act as employment by the Clerk.\ns 62 prev s 62 ins 1995 No. 38 s 35 sch 1\nexp 15 December 1995 (see prev s 64)\npres s 62 ins 2011 No. 24 s 73\n(sec.62-ssec.1) This section applies to a person who, immediately before the commencement, was employed by the Speaker as an officer or officer on probation of the parliamentary service or an employee in the parliamentary service.\n(sec.62-ssec.2) The employment continues under this Act as employment by the Clerk.","sortOrder":91},{"sectionNumber":"sec.63","sectionType":"section","heading":"Approval of office open to part-time employment","content":"### sec.63 Approval of office open to part-time employment\n\nThis section applies to an approval in force under former section 27(1)(b) immediately before the commencement.\nThe approval continues in force as if it had been given by the Clerk under section 27(1)(b).\ns 63 prev s 63 ins 1995 No. 38 s 35 sch\nexp 15 December 1995 (see prev s 64)\npres s 63 ins 2011 No. 24 s 73\n(sec.63-ssec.1) This section applies to an approval in force under former section 27(1)(b) immediately before the commencement.\n(sec.63-ssec.2) The approval continues in force as if it had been given by the Clerk under section 27(1)(b).","sortOrder":92},{"sectionNumber":"sec.64","sectionType":"section","heading":"Declaration of office open to appointment on contract","content":"### sec.64 Declaration of office open to appointment on contract\n\nThis section applies to a declaration in force under former section 27(3) immediately before the commencement.\nThe declaration continues in force as if it had been made by the CLA under section 27(3).\ns 64 prev s 64 ins 1995 No. 38 s 35 sch 1\nexp 15 December 1995 (see prev s 64)\npres s 64 ins 2011 No. 24 s 73\n(sec.64-ssec.1) This section applies to a declaration in force under former section 27(3) immediately before the commencement.\n(sec.64-ssec.2) The declaration continues in force as if it had been made by the CLA under section 27(3).","sortOrder":93},{"sectionNumber":"sec.65","sectionType":"section","heading":"Conditions of employment on contract","content":"### sec.65 Conditions of employment on contract\n\nAn approval that was in force under former section 28(1)(a) immediately before the commencement continues in force as if it had been given by the Clerk under section 28(1)(a).\nA contract of employment between the Speaker and a person that was in force under former section 28(1)(b) or (2) immediately before the commencement continues in force as a contract between the Clerk and the person.\ns 65 ins 2011 No. 24 s 73\n(sec.65-ssec.1) An approval that was in force under former section 28(1)(a) immediately before the commencement continues in force as if it had been given by the Clerk under section 28(1)(a).\n(sec.65-ssec.2) A contract of employment between the Speaker and a person that was in force under former section 28(1)(b) or (2) immediately before the commencement continues in force as a contract between the Clerk and the person.","sortOrder":94},{"sectionNumber":"sec.66","sectionType":"section","heading":"Approval of code of conduct","content":"### sec.66 Approval of code of conduct\n\nThis section applies to an approval in force under former section 40(1)(f) immediately before the commencement.\nThe approval continues in force as if it had been given by the Clerk under section 40(1)(f).\ns 66 ins 2011 No. 24 s 73\n(sec.66-ssec.1) This section applies to an approval in force under former section 40(1)(f) immediately before the commencement.\n(sec.66-ssec.2) The approval continues in force as if it had been given by the Clerk under section 40(1)(f).","sortOrder":95},{"sectionNumber":"sec.67","sectionType":"section","heading":"Suspension from duty","content":"### sec.67 Suspension from duty\n\nThis section applies to a suspension from duty in force under former section 41 immediately before the commencement.\nThe suspension continues in force as if it had been made by the Clerk under section 41(1).\ns 67 ins 2011 No. 24 s 73\n(sec.67-ssec.1) This section applies to a suspension from duty in force under former section 41 immediately before the commencement.\n(sec.67-ssec.2) The suspension continues in force as if it had been made by the Clerk under section 41(1).","sortOrder":96},{"sectionNumber":"sec.68","sectionType":"section","heading":"Rules","content":"### sec.68 Rules\n\nThis section applies to a rule in force under former section 55 immediately before the commencement.\nThe rule continues in force as if it had been made by the CLA under section 55.\nFor the purpose of applying the Statutory Instruments Act 1992 , part 7, subsection (2) does not affect the day on which the rule was made.\ns 68 ins 2011 No. 24 s 73\n(sec.68-ssec.1) This section applies to a rule in force under former section 55 immediately before the commencement.\n(sec.68-ssec.2) The rule continues in force as if it had been made by the CLA under section 55.\n(sec.68-ssec.3) For the purpose of applying the Statutory Instruments Act 1992 , part 7, subsection (2) does not affect the day on which the rule was made.","sortOrder":97},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Transitional provisions for Parliament of Queensland and Other Acts Amendment Act 2015","content":"## Transitional provisions for Parliament of Queensland and Other Acts Amendment Act 2015","sortOrder":98},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for div 4","content":"### sec.69 Definitions for div 4\n\nIn this division—\nCLA means the Committee of the Legislative Assembly under the Parliament of Queensland Act 2001 .\nformer , in relation to a provision, means as in force before the amendment of the provision by the Parliament of Queensland and Other Acts Amendment Act 2015 .\ns 69 ins 2015 No. 3 s 20","sortOrder":99},{"sectionNumber":"sec.70","sectionType":"section","heading":"Annual reports","content":"### sec.70 Annual reports\n\nFormer section 10 applies to the CLA in relation to the last financial year ending before the commencement if an annual report for that financial year was not prepared and tabled under that section before the commencement.\nAlso, if the commencement happens during a financial year other than on 1 July—\nformer section 10 applies to the CLA in relation to the part of the financial year before the commencement; and\nsection 10 applies to the Speaker for the part of the financial year from the commencement.\nIf subsections (1) and (2)(a) apply, the CLA may prepare a single report under those subsections.\nIf subsection (2) applies, the CLA and the Speaker may prepare a single report under subsection (2)(a) and (b).\ns 70 ins 2015 No. 3 s 20\n(sec.70-ssec.1) Former section 10 applies to the CLA in relation to the last financial year ending before the commencement if an annual report for that financial year was not prepared and tabled under that section before the commencement.\n(sec.70-ssec.2) Also, if the commencement happens during a financial year other than on 1 July— former section 10 applies to the CLA in relation to the part of the financial year before the commencement; and section 10 applies to the Speaker for the part of the financial year from the commencement.\n(sec.70-ssec.3) If subsections (1) and (2)(a) apply, the CLA may prepare a single report under those subsections.\n(sec.70-ssec.4) If subsection (2) applies, the CLA and the Speaker may prepare a single report under subsection (2)(a) and (b).\n- (a) former section 10 applies to the CLA in relation to the part of the financial year before the commencement; and\n- (b) section 10 applies to the Speaker for the part of the financial year from the commencement.","sortOrder":100},{"sectionNumber":"sec.71","sectionType":"section","heading":"Appeals against promotional appointments and disciplinary action","content":"### sec.71 Appeals against promotional appointments and disciplinary action\n\nThis section applies in relation to an appeal made to the CLA under former section 43 before the commencement that, immediately before the commencement, had not been finally dealt with.\nThe appeal is taken to have been made to the Speaker under section 43.\nFor the purposes of the appeal, anything done before the commencement by or in relation to the CLA under former section 43 has effect as if it had been done by or in relation to the Speaker under section 43.\ns 71 ins 2015 No. 3 s 20\n(sec.71-ssec.1) This section applies in relation to an appeal made to the CLA under former section 43 before the commencement that, immediately before the commencement, had not been finally dealt with.\n(sec.71-ssec.2) The appeal is taken to have been made to the Speaker under section 43.\n(sec.71-ssec.3) For the purposes of the appeal, anything done before the commencement by or in relation to the CLA under former section 43 has effect as if it had been done by or in relation to the Speaker under section 43.","sortOrder":101},{"sectionNumber":"sec.72","sectionType":"section","heading":"Rules","content":"### sec.72 Rules\n\nThis section applies to a rule in force under former section 55 immediately before the commencement.\nThe rule continues in force as if it had been made by the Speaker under section 55.\nFor the purpose of applying the Statutory Instruments Act 1992 , part 7, subsection (2) does not affect the day on which the rule was made.\ns 72 ins 2015 No. 3 s 20\nsch 1 om 1995 No. 38 s 35 sch 1\n(sec.72-ssec.1) This section applies to a rule in force under former section 55 immediately before the commencement.\n(sec.72-ssec.2) The rule continues in force as if it had been made by the Speaker under section 55.\n(sec.72-ssec.3) For the purpose of applying the Statutory Instruments Act 1992 , part 7, subsection (2) does not affect the day on which the rule was made.","sortOrder":102}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2345},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1988 to establish the parliamentary service and Clerk's office, the legislation has expanded significantly beyond administrative establishment into a comprehensive employment and security statute. Major additions include: a detailed criminal history checking regime (Part 5A, 2020), complex contract employment provisions with conversion rights (sections 27–28), industrial relations overlays (section 49), conduct enforcement powers for parliamentary precincts (section 50), and superannuation preservation rules. The Act now functions as a standalone employment code, whereas its original scope was primarily structural."},"complexity_factors":["Multiple overlapping employment categories creating conditional pathways: officers vs employees, contract vs ongoing, probationary vs permanent (e.g., sections 26–28, 35)","47 defined terms in section 4, many showing amendment history (e.g., 'industrial instrument' inserted 2016, 'criminal history' inserted 2020)","Extensive cross-referencing to external statutes: Industrial Relations Act 2016, Public Sector Act 2022, Criminal Law (Rehabilitation of Offenders) Act 1986, Working with Children Check Act 2000","Nested exceptions and exclusions: contract appointments exclude probation requirements (section 35), exclude appeal rights (section 43), and override industrial instruments (section 28)","Multi-layered criminal history regime (Part 5A) with four divisions, notification obligations between police/DPP and the Clerk, consent withdrawal consequences, and mandatory destruction requirements","Transitional provisions spanning five separate amending Acts (1995, 2009, 2011, 2015, 2020) requiring readers to reconcile 'former' vs current provisions","Complex disciplinary appeal mechanics (section 43) prohibiting legal representation and finality of Speaker's determinations"],"plain_english_summary":"This is Queensland’s **Parliamentary Service Act 1988**, which creates and governs the professional staff who support the State’s Legislative Assembly (Parliament House).\n\n### What it does\n\n**Establishes a separate workforce**\nThe Act creates the “parliamentary service” — the librarians, reporters, clerks, security staff and administrative officers who keep Parliament running. These staff are **not** public servants (they don’t work for the Executive Government), and they are employed under this Act rather than general public sector laws.\n\n**Sets up the chain of command**\n- **The Speaker** (a Member of Parliament elected by other MPs) acts as the ultimate boss: setting budgets, deciding staffing levels, and making major policy decisions.\n- **The Clerk of the Parliament** acts as the chief executive and hiring manager, responsible for day-to-day operations and employing staff.\n\n**Creates employment rules**\nThe Act sets out how people are hired, promoted, paid and fired:\n- **Officers** (permanent senior roles) vs **employees** (general staff).\n- **Contract appointments** (fixed-term, privately negotiated) vs **ongoing appointments** (permanent, covered by workplace agreements).\n- **Probation periods** (at least 12 months for new hires, 6 months for promotions).\n- **Discipline** for misconduct, incompetence or negligence — ranging from reprimands to dismissal.\n- **Appeals** — staff can appeal disciplinary actions and promotion decisions to the Speaker.\n\n**Security and background checks (Part 5A)**\nBefore appointing someone to duties involving sensitive access, the Clerk can ask for a criminal history check. Police must notify the Clerk if a staff member is charged with or convicted of a serious offence. This information is kept confidential and must be destroyed when no longer needed.\n\n**Conduct in Parliament House**\nThe Speaker can make by-laws (rules) governing behaviour inside the parliamentary precinct. People who break these rules can be removed or fined, though MPs doing parliamentary business are exempt.\n\n**Protecting workers’ rights**\n- Staff moving between the parliamentary service and the public service keep their seniority and benefits.\n- Superannuation (pension) rights are preserved for staff who transferred in when the Act began.\n- Redundancy pay must match public sector standards.\n\n### Who it affects\n- **Parliamentary staff** — anyone working for the Legislative Assembly.\n- **The Speaker and Clerk** — who exercise powers under the Act.\n- **Members of Parliament** — who rely on staff for research, electorate office support, and procedural advice.\n- **Visitors to Parliament House** — who must follow the Speaker’s conduct rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has materially expanded since its original 1988 form. Key scope changes include: the introduction of a formal criminal-history vetting and notification regime (Part 5A, inserted 2020; secs.45–47I and 47G); transfer and clarification of operational authorities between the Speaker, the Clerk and the Committee of the Legislative Assembly in later amendments (2011, 2015; see secs.10, 55A and transitional divisions); greater rule‑making and subordinate‑legislation responsibilities for the Speaker (secs.50, 55, 55A); and explicit powers to create contract-based appointments and exclude industrial instruments for such posts (secs.27–28). Those additions broadened the Act from an employment and administrative charter for parliamentary staff to a more detailed HR, vetting, precinct conduct and internal governance statute, increasing discretion and compliance obligations on the Clerk and Speaker."},"complexity_factors":["Broad structure across 7 Parts with many cross-references (employment rules, discipline, precinct rules, and vetting Part 5A)","Multiple defined terms and amendment history (e.g. definitions and insertions from 1995, 2011, 2015, 2020, 2023, 2024)","Part 5A criminal-history scheme adds consent, police reporting, destruction and confidentiality rules with time-sensitive notification obligations (secs.45–47I, 47G)","Several layers of discretion: Speaker powers (policy, by-laws, rules), Clerk powers (appointments, discipline, contract conditions) and delegated authorities (secs.6, 20, 25, 27, 55)","Employment regimes with exceptions and conditional rules: full-time, part-time, contract basis, contracting out, probation, redundancy and retrenchment rules (secs.27–39)","Internal appeals process limited and final (sec.43) combined with statutory natural justice requirements for dismissal/suspension (sec.42) creates conditional procedural complexity","Interplay with other statutes and instruments (Industrial Relations Act 2016, Public Sector and Superannuation Acts, Working with Children Check Act referenced in sec.47G)","Extensive transitional provisions that preserve prior instruments and change the responsible authorities (Parts 7 and multiple sections)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a separate Parliamentary Service (sec.23) and sets out who runs it: the Speaker has overall administrative control (secs.5–7, 6) and the Clerk of the Parliament is the chief executive and employing authority (secs.18, 20).\n\n- Specifies the parliamentary service’s functions: clerical and reporting support, library and research, dining, grounds and building maintenance, ceremonial and security services, and other support for the Legislative Assembly, members and committees (sec.24).\n\n- Creates the hiring, employment and pay framework for staff: who appoints officers and employees, probation, part‑time/contract appointments, advertising and publication requirements (secs.25–36, 26AA, 27–35, 32–33).\n\n- Sets out conditions for discipline, suspension, dismissal, appeals and reinstatement for parliamentary staff (secs.40–44, 41–42, 43–44).\n\n- Introduces a criminal‑history vetting regime for roles where the Clerk considers criminal history relevant (Part 5A: secs.45–47I): the Clerk may seek written consent to obtain a person's criminal history from police, must assess suitability using that information, must destroy reports when no longer required, and prosecutions/convictions of serving staff must be notified to the Clerk by prosecuting authorities (sec.47G).\n\n- Gives the Speaker power to set behavioural directions and by‑laws for the parliamentary precinct, including penalties of up to 10 penalty units and powers to order people off precinct grounds; authorised officers (including the Clerk) can enforce directions and, where necessary, use reasonable force (secs.50–51, 52).\n\n- Provides confidentiality, information‑use and penalty rules around criminal history information and consent (secs.47H, 47I, 47D, 47F).\n\n- Permits the Speaker to make rules (subordinate legislation) about internal entitlements, appeals and other administrative matters, and allows the Governor in Council to make regulations (secs.55, 56).  \n\nWho is affected\n\n- The Legislative Assembly and its committees (institutional effect).  \n- Members of the Legislative Assembly (they receive support services; they can recommend electorate office staff under sec.26AA).  \n- The Clerk of the Parliament (appointed under sec.18) and all parliamentary service officers and employees (appointment, pay, discipline and dismissal are covered).  \n- Applicants for parliamentary service roles (advertising, vetting and appointment rules apply).  \n- Visitors to the parliamentary precinct (must follow Speaker directions and by‑laws).\n\nWhy it matters (claimed purpose, and a short test of that claim)\n\n- Stated purpose: to create an organisational, employment and governance framework that lets the Legislative Assembly run its own administrative and support functions independently of the Executive (sec.23(2) and throughout Parts 2–6). The Act centralises operational authority in the Speaker and operational management in the Clerk (secs.6, 20).\n\n- Testing that claim against costs, incentives and trade‑offs:  \n  - Concentrated decision rights sit with the Speaker and the Clerk (budget, staff levels, appointment method, sec.6, sec.20, sec.27), which makes decision‑making fast but concentrates discretion (implementation risk).  \n  - The Speaker can declare offices contract‑based (sec.27(3)) and the Clerk can set contract conditions that sit outside industrial instruments (sec.28(1)(c)). That creates flexibility to hire on different terms but reduces the scope for collective industrial regulation for those contract roles (trade‑off between managerial flexibility and reduced collective protections).  \n  - The internal appeal mechanism for discipline and promotions is to the Speaker (sec.43); appeals are informal, legal representation is not permitted, and the Speaker’s decision is final (sec.43). That centralises adjudication and limits access to external tribunals (cost: reduced external review; benefit: internal institutional control).  \n  - The criminal‑history screening regime (Part 5A, secs.45–47I) increases screening and record‑keeping costs and creates privacy/compliance obligations (consent, secure handling, destruction obligations, and penalties for unauthorised disclosure—secs.47B, 47F, 47H, 47I), while aiming to manage risk in roles where the Clerk considers it necessary.  \n  - Vacancy advertising and formal publication requirements (secs.32–33) increase transparency and selection costs but create predictable hiring processes.  \n  - By‑laws for precinct behaviour (sec.50) create an enforceable code of conduct for visitors and staff; enforcement is backed by summary proceedings (sec.51) and legal protection for authorised enforcers (sec.52), shifting legal risk to the Assembly.\n\nPractical effects on private actors and markets\n\n- Little direct effect on general private markets; the Act mainly governs internal public‑sector employment and parliamentary precinct conduct.  \n- Private firms can still be engaged to supply staff or services insofar as the Act allows \"engage\" arrangements (Part 5A definition of engage and sec.34 permitting non‑officer engagements), but the Act gives the Assembly institutional control over whether positions are filled by officers, contract hires or external contractors (secs.27–28, 34).\n\nImplementation risks and compliance burdens\n\n- Administrative burden on the Clerk’s office: policing consent-based criminal checks, record destruction, managing appeals and discipline procedures, advertising vacancies and preparing by‑laws.  \n- Discretion risks: the Speaker’s broad rulemaking and disciplinary appeal authority (secs.55, 43) can generate political or procedural disputes if not governed by transparent rules.  \n- Privacy and data‑handling risks arising from criminal history collection and notifications from prosecuting authorities (secs.47B, 47G, 47I).\n\nPrimary decision‑makers and payers\n\n- The Speaker decides major policy, budgets, and some appointments and rulemaking (secs.6, 29, 55).  \n- The Clerk exercises day‑to‑day management, employment, discipline, and pays superannuation and contributions specified under other Acts (secs.20, 31).  \n- The Legislative Assembly funds penalties recovered (sec.51(3))."},"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1988 Act established the basic framework for Queensland's parliamentary service employment. Over time, its scope has expanded significantly: a criminal history checking regime (Part 5A) was added in 2020 to address suitability screening for sensitive roles; provisions relating to electorate office staff were added in 2010; the governance structure was substantially restructured in 1995 when a Parliamentary Service Commission was abolished and the Speaker took direct control; and industrial relations references have been updated multiple times. The addition of criminal history and prosecutorial notification obligations (including duties on the police commissioner and director of public prosecutions) represents a notable expansion beyond the original employment administration focus."},"complexity_factors":["Multiple layers of authority (Speaker, Clerk, Governor) with overlapping and delegated powers","Different employment categories (officers, employees, probationary, contract, temporary) each with different rules","Contract employment provisions include complex 'election' mechanisms allowing staff to revert to non-contract employment with specific salary protections","Extensive amendments over 35+ years have left the Act with many omitted sections, substituted provisions, and cross-references to prior versions, making the document hard to navigate","Criminal history check regime (Part 5A) introduces privacy law concepts, consent mechanisms, and obligations on police/prosecutors with strict confidentiality penalties","Cross-references to multiple other Acts (Industrial Relations Act 2016, Public Sector Act 2022, Working with Children Check Act 2000, various superannuation Acts)","The appeals regime (s.43) has multiple carve-outs and is governed partly by rules made by the Speaker rather than the Act itself","Superannuation transitional provisions reference legislation and a 'appointed day' from 1988, creating historical complexity"],"plain_english_summary":"The Parliamentary Service Act 1988 establishes and governs Queensland’s parliamentary service — the staff who run the Legislative Assembly — placing overall policy and oversight with the Speaker and day-to-day management with the Clerk. It affects parliamentary staff, MPs who rely on their services, and those who manage Parliament’s operations.\n\nThe law preserves the service’s independence from the Executive, sets its own employment, contract and discipline rules (including criminal-history checks for sensitive roles), and gives the Speaker control of Parliament House accommodation and services."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-service-act-1988","history":"/api/acts/parliamentary-service-act-1988/history","analysis":"/api/acts/parliamentary-service-act-1988/analysis","conflicts":"/api/acts/parliamentary-service-act-1988/conflicts","importantCases":"/api/acts/parliamentary-service-act-1988/important-cases","documents":"/api/acts/parliamentary-service-act-1988/documents"}}