Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Legislative Assembly (Office of
the Legislative Assembly) Act 2012
A2012-26
Republication No 6
Effective: 6 April 2022
Republication date: 6 April 2022
Last amendment made by A2022-4
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Legislative Assembly (Office of the Legislative Assembly) Act 2012
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 6 April 2022. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 6 April 2022.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Legislative Assembly (Office of the Legislative Assembly)
Act 2012
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contents 1
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Australian Capital Territory
Legislative Assembly (Office of
the Legislative Assembly) Act 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Office of the Legislative Assembly
5 Establishment of Office of the Legislative Assembly 3
6 Functions of office 3
7 Staff of the office 4
8 Independence of office 4
Contents
Page
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Act 2012
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Part 3 Clerk of the Legislative Assembly
9 Appointment of Clerk of the Legislative Assembly 5
10 Functions of clerk 6
11 Disclosure of interests by clerk 6
12 Delegation of clerk’s functions 6
13 Suspension of clerk—general 6
14 Suspension of clerk—relevant Assembly committee notice and
meetings 7
15 Suspension of clerk—ending suspension 8
16 Ending of clerk’s appointment 9
17 Retirement of clerk 10
18 Resignation of clerk 12
19 Acting appointment as clerk 12
Part 4 Miscellaneous
19A Assistance for Speaker 13
20 Regulation-making power 13
Dictionary 14
Endnotes
1 About the endnotes 15
2 Abbreviation key 15
3 Legislation history 16
4 Amendment history 17
5 Earlier republications 19
6 Expired transitional or validating provisions 20
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Australian Capital Territory
Legislative Assembly (Office of
the Legislative Assembly) Act 2012
An Act to establish the Office of the Legislative Assembly, and for other
purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Legislative Assembly (Office of the Legislative
Assembly) Act 2012.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘office—see section 5 (1).’ means
that the term ‘office’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Office of the Legislative Assembly Part 2
Section 5
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Part 2 Office of the Legislative
Assembly
5 Establishment of Office of the Legislative Assembly
(1) The Office of the Legislative Assembly (the office) is established.
(2) The office consists of—
(a) the clerk; and
(b) the staff of the office.
6 Functions of office
(1) The office’s function is to provide impartial advice and support to the
Legislative Assembly and committees and members of the Assembly,
including by—
(a) providing advice on parliamentary practice and procedure and
the functions of the Assembly and committees; and
(b) reporting proceedings of the Assembly and meetings of
committees; and
(c) maintaining an official record of proceedings of the Assembly;
and
(d) providing library and information facilities and services for
members; and
(e) providing staff to enable the Assembly and committees to
operate efficiently; and
(f) providing business support functions, including administering
the entitlements of members who are not part of the Executive;
and
(g) maintaining the Assembly precincts.
Part 2 Office of the Legislative Assembly
Section 7
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(2) The office also has the function of providing public education about
the functions of the Assembly and committees.
(3) The office may exercise any other function given to it under this Act
or another territory law.
Note A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196 and dict, pt 1, def entity).
(4) In this section:
Assembly precincts—see the Legislative Assembly Precincts
Act 2001, dictionary.
7 Staff of the office
(1) The clerk may employ staff on behalf of the Territory.
(2) The office’s staff must be employed under the Public Sector
Management Act 1994.
Note The Public Sector Management Act 1994, div 8.2 applies to the clerk in
relation to the employment of staff (see Public Sector Management
Act 1994, s 152).
8 Independence of office
The clerk and the office’s staff are not subject to direction by the
Executive or any Minister in the exercise of their functions.
Clerk of the Legislative Assembly Part 3
Section 9
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Part 3 Clerk of the Legislative Assembly
9 Appointment of Clerk of the Legislative Assembly
(1) The Speaker must, on behalf of the Territory, appoint a person as
Clerk of the Legislative Assembly.
(2) The appointment must be made—
(a) in consultation with the Chief Minister; and
(b) in consultation with the Leader of the Opposition; and
(c) in consultation with the leader (however described) of a
registered party (other than the party to which the Chief Minister
or Leader of the Opposition belongs) if at least 2 members of the
Legislative Assembly are members of the party; and
(d) in accordance with an open and accountable selection process.
Note For the making of appointments, see the Legislation Act, pt 19.3.
(3) The Speaker must not appoint a person as clerk unless—
(a) the Speaker is satisfied that the person has extensive knowledge
of, and experience in, relevant parliamentary law, practice and
procedure; and
(b) the relevant Assembly committee agrees to the person’s
appointment.
(4) The clerk is appointed on the terms (if any) in relation to matters not
provided for by this part or a determination under the Remuneration
Tribunal Act 1995 that are prescribed by the management standards
under the Public Sector Management Act 1994.
(5) In this section:
registered party—see the Electoral Act 1992, dictionary.
Part 3 Clerk of the Legislative Assembly
Section 10
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10 Functions of clerk
(1) The clerk is responsible for the management of the office.
(2) The clerk may exercise any other function given to the clerk under
this Act or another territory law.
Note A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196 and dict, pt 1, def entity).
11 Disclosure of interests by clerk
The clerk must give a written statement of the clerk’s personal and
financial interests to the Speaker within 7 days after—
(a) the day the clerk is appointed; and
(b) the first day of each financial year; and
(c) the day there is a change in an interest.
12 Delegation of clerk’s functions
The clerk may delegate the clerk’s functions under this Act or another
territory law to a member of the office’s staff.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
13 Suspension of clerk—general
(1) The Speaker may suspend the clerk on the ground of—
(a) misbehaviour; or
(b) physical or mental incapacity, if the incapacity substantially
affects the exercise of the clerk’s functions.
Note Power given by a law to make a decision includes power to reverse or
change the decision. The power to reverse or change the decision is
exercisable in the same way, and subject to the same conditions, as the
power to make the decision (see Legislation Act, s 180).
Clerk of the Legislative Assembly Part 3
Section 14
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(2) If the Speaker is considering suspending the clerk, the Speaker may
ask 1 or more of the following for advice about the proposed
suspension:
(a) the public sector standards commissioner;
(b) the auditor-general;
(c) anyone else the Speaker considers appropriate.
(3) If the Speaker suspends the clerk, the Speaker must give written
notice of the suspension and a copy of a statement of the reasons for
the suspension to the clerk.
Note The Legislation Act, s 179 deals with the information that must be
included in a statement of reasons.
(4) The suspension takes effect when the notice and statement are given
to the clerk under subsection (3).
(5) The clerk may be suspended only under this section.
(6) The clerk is entitled to be paid salary and allowances while
suspended.
14 Suspension of clerk—relevant Assembly committee
notice and meetings
(1) If the Speaker suspends the clerk, the Speaker must give written
notice of the suspension and a copy of the statement of the reasons
for the suspension to each other member of the relevant Assembly
committee not later than the next business day (the notice day).
(2) The relevant Assembly committee must meet in relation to the clerk’s
suspension—
(a) not later than 3 business days after the notice day; and
(b) at subsequent intervals of not longer than 30 days while the clerk
is suspended (a regular meeting).
Part 3 Clerk of the Legislative Assembly
Section 15
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(3) The relevant Assembly committee must give the clerk written notice
that a regular meeting will be held at least 3 business days before the
day the meeting is to be held.
(4) The clerk may make an oral or written submission (or both) to the
committee about the clerk’s suspension.
(5) At each regular meeting the relevant Assembly committee must
review the clerk’s suspension and may at any time pass a resolution
about the suspension, including a resolution—
(a) recommending to the Speaker that the Speaker end the
suspension; or
(b) to make a statement to the Legislative Assembly recommending
that the Speaker end the clerk’s appointment.
15 Suspension of clerk—ending suspension
(1) If the Speaker does not comply with section 14 (1), the suspension
ends at the end of the notice day.
(2) If the relevant Assembly committee fails to hold a meeting as required
under section 14 (2), the suspension ends on the day after the last day
when the meeting could have been held.
(3) The following provisions apply if the relevant Assembly committee
makes a recommendation mentioned in section 14 (5) (a) and the
Speaker does not end the suspension within 1 business day after the
day the recommendation is made:
(a) the committee may at any time resolve to make a statement to
the Legislative Assembly recommending that the suspension be
ended;
(b) if the committee makes a statement mentioned in paragraph (a)
and the Legislative Assembly resolves to end the suspension—
the suspension ends on the passing of the resolution;
Clerk of the Legislative Assembly Part 3
Section 16
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(c) if the committee makes a statement mentioned in paragraph (a)
and the Legislative Assembly does not deal with the statement
within 3 sitting days—the suspension ends at the end of the 3rd
sitting day.
(4) If the relevant Assembly committee makes a statement mentioned in
section 14 (5) (b)—
(a) the Legislative Assembly may resolve to require the Speaker to
end the clerk’s appointment; or
(b) if the Legislative Assembly does not, within 3 sitting days, pass
a resolution mentioned in paragraph (a)—the suspension ends at
the end of the 3rd sitting day.
(5) If the Speaker ends the clerk’s suspension, the Speaker must give
written notice of the ending of the suspension and a copy of a
statement of the reasons for ending the suspension to the clerk and
relevant Assembly committee.
Note The Legislation Act, s 179 deals with the information that must be
included in a statement of reasons.
(6) In this section:
notice day—see section 14 (1).
16 Ending of clerk’s appointment
(1) The Speaker must end the clerk’s appointment if the Legislative
Assembly—
(a) passes a resolution under section 15 (4) (a); or
(b) otherwise resolves to require the Speaker to end the clerk’s
appointment—
(i) for misbehaviour; or
(ii) for physical or mental incapacity, if the incapacity
substantially affects the exercise of the clerk’s functions.
Part 3 Clerk of the Legislative Assembly
Section 17
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(2) For a resolution mentioned in subsection (1) (b), notice of the motion
to which the resolution relates must be given at least 7 days before
the day the motion is first debated in the Legislative Assembly.
(3) The Speaker may end the clerk’s appointment if the clerk is absent
from duty, except on leave granted by the Speaker, for 14 consecutive
days or for 28 days in any 12 months.
(4) The clerk’s appointment may be ended by the Speaker only under this
section or section 17.
17 Retirement of clerk
(1) The Speaker may retire the clerk on the ground of physical or mental
incapacity if—
(a) the incapacity substantially affects the exercise of the clerk’s
functions; and
(b) the clerk consents to the retirement.
(2) However, the clerk must not be retired on the ground of invalidity
unless—
(a) if the clerk is an eligible employee for the Superannuation
Act 1976 (Cwlth)—
(i) the clerk is under the clerk’s maximum retiring age within
the meaning of the Act; and
(ii) a certificate has been given by the Commonwealth
Superannuation Board of Trustees No 2 under the Act,
section 54C for the clerk; or
Clerk of the Legislative Assembly Part 3
Section 17
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(b) if the clerk is a member of the superannuation scheme
established under the Superannuation Act 1990 (Cwlth)—
(i) the clerk is under 60 years old; and
(ii) a certificate has been given by the Commonwealth
Superannuation Board of Trustees No 1 under the Act,
section 13 for the clerk; or
(c) if the clerk is an ordinary employer-sponsored member of
PSSAP within the meaning of the Superannuation Act 2005
(Cwlth)—
(i) the clerk is under 60 years old; and
(ii) a certificate has been given by the Commonwealth
Superannuation Board of Trustees No 1 under the Act,
section 43 for the clerk.
(3) In this section:
invalidity means—
(a) for an eligible employee for the Superannuation Act 1976
(Cwlth)—invalidity under the Act; or
(b) for a member of the superannuation scheme established under
the Superannuation Act 1990 (Cwlth)—invalidity under the Act;
or
(c) for an ordinary employer-sponsored member of PSSAP within
the meaning of the Superannuation Act 2005 (Cwlth)—
invalidity under the Act.
physical or mental incapacity includes invalidity.
Part 3 Clerk of the Legislative Assembly
Section 18
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18 Resignation of clerk
(1) The clerk may resign by signed notice given to the Speaker.
(2) The Speaker must give a copy of a notice received under
subsection (1) to each member of the Legislative Assembly not later
than 5 business days after the day the notice is received by the
Speaker.
19 Acting appointment as clerk
(1) The Speaker may appoint the following to act as clerk:
(a) the deputy clerk;
(b) in the absence of the deputy clerk—
(i) any other member of the office’s staff; or
(ii) if the Speaker is satisfied that no-one mentioned in
subparagraph (i) is a suitable person—a suitable person.
Note For the making of acting appointments, see the Legislation Act,
div 19.3.2.
(2) In this section:
suitable person means a person who has extensive knowledge of, and
experience in, relevant parliamentary law, practice and procedure.
Miscellaneous Part 4
Section 19A
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Part 4 Miscellaneous
19A Assistance for Speaker
In exercising a power under this Act, the Speaker may seek
administrative support or advice from an entity that is able to provide
impartial administrative support or advice.
20 Regulation-making power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
(2) The Executive must consult the Speaker before making a regulation
for this Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• auditor-general
• business day
• Executive
• Legislative Assembly
• public sector standards commissioner
• Speaker.
clerk means the person appointed as Clerk of the Legislative
Assembly under section 9.
office—see section 5 (1).
Office of the Legislative Assembly means the Office of the
Legislative Assembly established under section 5.
relevant Assembly committee means the standing committee of the
Legislative Assembly whose responsibilities include the examination
of matters relating to the internal administration and procedure of the
Assembly.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Legislative Assembly (Office of the Legislative Assembly) Act 2012
A2012-26
notified LR 24 May 2012
s 1, s 2 commenced 24 May 2012 (LA s 75 (1))
remainder commenced 1 July 2012 (s 2)
as amended by
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.47
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.47 commenced 1 September 2016 (s 2)
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.17
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.17 commenced 9 March 2017 (s 2)
Legislative Assembly Legislation Amendment Act 2017 A2017-41 pt 5
notified LR 13 November 2017
s 1, s 2 commenced 13 November 2017 (LA s 75 (1))
pt 5 commenced 14 November 2017 (s 2)
Legislation (Legislative Assembly Committees) Amendment Act 2022
A2022-4 sch 1 pt 1.15
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.15 commenced 6 April 2022 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Staff of the office
s 7 hdg sub A2017-4 amdt 3.91
s 7 sub A2016-52 amdt 1.127
am A2017-4 amdt 3.92
Appointment of Clerk of the Legislative Assembly
s 9 am A2016-52 amdt 1.128; A2017-41 s 18, s 19;
pars renum R5 LA; A2022-4 amdt 1.47
Suspension of clerk—general
s 13 am A2016-52 amdt 1.129
Suspension of clerk—relevant Assembly committee notice and meetings
s 14 hdg sub A2022-4 amdt 1.48
s 14 am A2022-4 amdt 1.49
Suspension of clerk—ending suspension
s 15 am A2022-4 amdt 1.49
Assistance for Speaker
s 19A ins A2017-41 s 20
Legislation amended—sch 1
s 21 om LA s 89 (3)
Transitional
pt 10 hdg exp 1 July 2014 (s 53)
Change of name—references to old name
s 50 exp 1 July 2014 (s 53)
Clerk of the Legislative Assembly
s 51 exp 1 July 2014 (s 53)
Staff of the Legislative Assembly
s 52 exp 1 July 2014 (s 53)
Expiry—pt 10
s 53 exp 1 July 2014 (s 53)
Consequential and other amendments
sch 1 om LA s 89 (3)
Endnotes
4 Amendment history
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Dictionary
dict am A2016-52 amdt 1.130, amdt 1.131
def administration and procedure committee om A2022-4
amdt 1.50
def relevant Assembly committee ins A2022-4 amdt 1.51
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 July 2012
1 July 2012–
1 July 2014
not amended new Act
R2
2 July 2014
2 July 2014–
31 Aug 2016
not amended expiry of
transitional
provisions (pt 10)
R3
1 Sept 2016
1 Sept 2016–
8 Mar 2017
A2016-52 amendments by
A2016-52
R4
9 Mar 2017
9 Mar 2017–
13 Nov 2017
A2017-4 amendments by
A2017-4
R5
14 Nov 2017
14 Nov 2017–
5 Apr 2022
A2017-41 amendments by
A2017-41