1Parliament (Joint Services) Act 1985

South Australia Parliament (Joint Services) Act 1985 An Act to provide for the appointment and to regulate the conditions of service, of officers who serve both Houses of Parliament; to facilitate the provision of joint services to the Houses of Parliament.

Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—Administration of the Joint Parliamentary Service Division 1—The Joint Parliamentary Service Committee 5 The Joint Parliamentary Service Committee Division 1A—Executive Officer for the joint parliamentary service 6 Executive Officer for the joint parliamentary service 6A Duties of Executive Officer Division 2—Divisions of the Joint Parliamentary Service 7 Divisions of the parliamentary service Division 3—Duties of chief officers 8 Duties of chief officers Division 4—Delegation 9 Delegation Part 3—Appointment and classification and tenure of office 10 Creation and abolition of offices 11 Classification of offices 12 Appointment of persons to offices 13 Other appointments to the parliamentary service 14 Retirement 15 Compulsory retirement on the ground of physical or mental incapacity 16 Discipline 17 Suspension from office Part 4—Other conditions of service of officers 18 Recreation leave 19 Sick leave 20 Long service leave and retention entitlement 21 Special leave 22 Determination of rights on transition from other employment 23 Payment of monetary equivalent of leave to personal representative etc 24 Application of certain Acts Part 5—Special provisions for all staff of the Parliament 25 Special provision for all staff of the Parliament 26 Certain officers to constitute advisory committee 27 Officers may be regarded as members of the Public Service in certain situations Part 6—Control and management of joint facilities 28 Premises under management of Committee 29 Provision of meals, refreshments etc Part 7—Miscellaneous 29A Smoking prohibited in certain areas 30 Allowances and deductions 31 Performance of other duties 32 Expenditure of Committee's funds 33 Saving provision 34 Annual report 35 Rules 36 Regulations Schedule 1—Transitional provisions 1 Schedule of officers 2 Parliamentary reporters Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Parliament (Joint Services) Act 1985. 4—Interpretation (1) In this Act, unless the contrary intention appears— chief officer, in relation to a division of the joint parliamentary service, means a person who is chief officer of that division by virtue of section 7; the Committee means the Joint Parliamentary Service Committee constituted under Part 2; Executive Officer for the joint parliamentary service means the person holding or acting in the office of Executive Officer for the joint parliamentary service under Part 2; the joint parliamentary service means all persons employed in any capacity under the provisions of this Act; officer means a person appointed to an office under this Act (other than Part 2 Division 1A) on a permanent, temporary or probationary basis; permanent officer means an officer who is neither a temporary nor a probationary officer; Presiding Officer means the President of the Legislative Council or the Speaker of the House of Assembly; probationary officer means an officer appointed on probation whose probation has not terminated; temporary officer means an officer appointed under section 13(1)(a); working day, in relation to an officer, means a day on which the officer would (if not on leave) ordinarily be required to work. (2) A reference in this Act to Parliament House will be taken to include a reference to— (a) the premises known as Old Parliament House; and (b) any land appurtenant to Parliament House or Old Parliament House. Part 2—Administration of the Joint Parliamentary Service Division 1—The Joint Parliamentary Service Committee 5—The Joint Parliamentary Service Committee (1) There shall be a committee entitled the Joint Parliamentary Service Committee. (2) The Committee— (a) shall be a body corporate with perpetual succession and a common seal; and (b) shall be capable in its corporate name of acquiring, holding, dealing with and disposing of real and personal property; and (c) shall be capable of acquiring or incurring any other rights or liabilities, and of suing and being sued; and (d) shall have the powers, authorities, duties and functions prescribed by or under this Act. (3) The Committee shall consist of the following members: (a) the President of the Legislative Council; and (b) the Speaker of the House of Assembly; and (c) two members of the Legislative Council appointed by the Legislative Council, of whom one shall be appointed from the group led by the Leader of the Government and one appointed from the group led by the Leader of the Opposition in the Legislative Council; and (d) two members of the House of Assembly appointed by the House of Assembly, of whom one shall be appointed from the group led by the Premier and one appointed from the group led by the Leader of the Opposition in the House of Assembly. (4) Alternate members of the Committee shall be appointed as follows: (a) the Legislative Council— (i) shall appoint a member of the Legislative Council to be the alternate member of the Committee to the President; and (ii) upon appointing a member of the Committee under subsection (3)(c), shall appoint another member of the Legislative Council (from the same group) to be an alternate member of the Committee to that member; and (b) the House of Assembly— (i) shall appoint a member of the House of Assembly to be the alternate member of the Committee to the Speaker; and (ii) upon appointing a member of the Committee under subsection (3)(d), shall appoint another member of the House of Assembly (from the same group) to be an alternate member of the Committee to that member. (5) An alternate member of the Committee may act as a member of the Committee in the absence of the member in respect of whom the alternate member has been appointed. (6) A member appointed by the Legislative Council or the House of Assembly shall, subject to any resolution to the contrary by the appropriate House of Parliament, hold office until the first day that Parliament sits following the next general election of members of the House of Assembly and shall then (assuming that the member remains a member of the Parliament) be eligible for re-appointment. (7) Four members of the Committee shall constitute a quorum of the Committee, of whom— (a) at least two must be members of the Legislative Council, one being a member of the group led by the Leader of the Government and one being a member of the group led by the Leader of the Opposition in the Legislative Council (and for the purposes of this paragraph the President of the Legislative Council may be regarded as being a member of a group); and (b) at least two must be members of the House of Assembly, one being a member of the group led by the Premier and one being a member of the group led by the Leader of the Opposition in the House of Assembly (and for the purposes of this paragraph the Speaker of the House of Assembly may be regarded as being a member of a group). (8) Each member of the Committee who is present at a meeting of the Committee shall be entitled to one vote on any question that arises for decision by the Committee (and the chairman of the Committee shall not have a second or casting vote). (9) Subject to this Act, a decision supported by a majority of the votes cast by the members present at a meeting of the Committee shall be a decision of the Committee. (10) Subject to subsection (11), the Committee shall, on the commencement of this section, be chaired first by the most senior Presiding Officer, then by the other Presiding Officer, and so on in alternation, each acting for an alternate calendar year. (11) Subsection (10) is subject to the following qualifications: (a) if on the commencement of this section both Presiding Officers have held office for the same period, the Committee shall be chaired first by the President of the Legislative Council; (b) the Presiding Officer first appointed as the chairman of the Committee in accordance with subsection (10) shall continue as chairman until the thirty-first day of December, 1986. (12) In the absence of the chairman the other Presiding Officer shall chair a meeting of the Committee or, in the absence of the chairman and the other Presiding Officer, the members present shall decide who is to chair the meeting. (13) The Committee may, if it thinks fit, appoint sub-committees to deal with any matter or class of matters relevant to the performance of its functions under this Act. (14) Subject to this Act, the procedures of the Committee and any sub-committee shall be as determined by the Committee. Division 1A—Executive Officer for the joint parliamentary service 6—Executive Officer for the joint parliamentary service (1) The office of Executive Officer for the joint parliamentary service is established. (2) Subject to this section, the Executive Officer is to be appointed by the Committee on terms and conditions determined by the Committee. (3) The salary for the office of Executive Officer is to be determined by the Committee. (4) The appointment of a person as the Executive Officer may be terminated by the Committee by not less than 3 months notice in writing to the Executive Officer. (5) Nothing in this section prevents termination of the Executive Officer's appointment by a shorter period of notice than 3 months provided that, subject to the terms and conditions of appointment, a payment is made to the Executive Officer in lieu of notice of an amount equal to the salary and allowances (if any) that the Executive Officer would have been entitled to receive during the balance of the period of 3 months. (6) The Committee may appoint a person to act in the office of Executive Officer during a vacancy in the office or in the absence of the holder of the office. 6A—Duties of Executive Officer (1) The Executive Officer is responsible to the Committee for the efficient management of the joint parliamentary service. (2) The Executive Officer must, at the request of the Committee, and may, on the Executive Officer's own initiative, make a report to the Committee on any aspect of the management or operation of the joint parliamentary service. Division 2—Divisions of the Joint Parliamentary Service 7—Divisions of the parliamentary service (1) The joint parliamentary service is divided into the following divisions: (a) the Parliamentary Reporting Division; (b) the Parliamentary Library Division; (c) the Catering Division; (d) the Joint Services Division. (2) For each division of the joint parliamentary service there shall be a chief officer, as follows: (a) in relation to the Parliamentary Reporting Division—the Leader of Hansard shall be the chief officer; (b) in relation to the Parliamentary Library Division—the Parliamentary Librarian shall be the chief officer; (c) in relation to the Catering Division—the Catering Manager shall be the chief officer; (d) in relation to the Joint Services Division—the Executive Officer for the joint parliamentary service shall be the chief officer. (3) The purpose of the joint parliamentary service is to provide support and facilities to members of Parliament in undertaking their parliamentary duties. Division 3—Duties of chief officers 8—Duties of chief officers (1) The chief officer of a division of the joint parliamentary service is responsible to the Executive Officer for the joint parliamentary service for the efficient management of that division. Division 4—Delegation 9—Delegation (1) The Committee may delegate any of its powers or functions— (a) to a sub-committee appointed by the Committee; or (ab) to the Executive Officer for the joint parliamentary service; or (b) to a chief officer. (2) A power or function delegated under this section may, subject to any conditions of the delegation, be further delegated. (3) A delegation under this section— (a) may be absolute or conditional; and (b) does not derogate from the powers of the delegator; and (c) is revocable at will. Part 3—Appointment and classification and tenure of office 10—Creation and abolition of offices (1) The Committee may— (a) create an office in a division of the joint parliamentary service; or (b) abolish an office in a division of the joint parliamentary service. (2) The Committee shall not abolish an office that is occupied by a permanent officer. (3) The Committee shall, in accordance with the rules, cause notice of the creation or abolition of an office under this section to be laid before each House of Parliament. 11—Classification of offices (1) Each office of the joint parliamentary service shall have a classification determined from time to time by the Committee. (2) A classification shall fix the salary or limits of salary that are appropriate to the office to which it applies. (3) For the purposes of this section— (a) a system of classification that corresponds to one applying to Public Service employees should be adopted (as far as may be appropriate to the various offices of the joint parliamentary service); and (b) if the salary or limits of salary that attach to a particular classification applying to Public Service employees are altered, that alteration operates in relation to the corresponding classification under this Act. (4) An officer occupying a particular office who is dissatisfied with the classification of that office may apply to the Committee for its reclassification. (5) On an application under subsection (4), the officer is entitled to be heard personally or by representative. (6) After hearing an application, the Committee may confirm the existing classification of the office or may reclassify the office. (7) The Committee shall, in accordance with the rules, cause notice of the classification or reclassification of an office under this section to be laid before each House of Parliament. 12—Appointment of persons to offices (1) The Committee may appoint a person to a vacant office in a division of the joint parliamentary service. (2) Every person first appointed to an office in a division of the joint parliamentary service shall, unless the Committee otherwise determines, be appointed on probation. (3) The period of probation shall be for a period fixed by the Committee. (4) For the purpose of subsection (3)— (a) the period of probation shall be for a period not exceeding 2 years; and (b) a period of probation initially fixed by the Committee may, if the Committee thinks fit, be extended (but so that the period of probation does not exceed the period of 2 years). (5) The Committee may, at any time during probation, dispense with the services of a probationary officer. (6) Every officer appointed under this section to a particular office shall be paid the salary fixed for that office. (7) The Committee shall, in accordance with the rules, cause notice of the appointment of a person to an office under this section to be laid before each House of Parliament. 13—Other appointments to the parliamentary service (1) Subject to this section, the Committee may— (a) appoint a person to an office in a division of the joint parliamentary service on a temporary basis; (b) engage a person to work in a division of the joint parliamentary service at hourly, daily or weekly rates of remuneration. (2) Where the Committee makes an appointment under subsection (1)(a)— (a) the appointment shall be for a term not exceeding 12 months; and (b) the Committee may, at any time, dispense with the services of the appointee. (3) The Committee shall, in accordance with the rules, cause notice of the appointment or engagement of a person under this section to be laid before each House of Parliament. 14—Retirement (1) An officer who has attained the age of 55 years is entitled to retire from the joint parliamentary service. (2) The Committee, if satisfied that an officer is physically or mentally unfit to continue in the joint parliamentary service, may allow the officer to retire from the joint parliamentary service on the ground of invalidity. 15—Compulsory retirement on the ground of physical or mental incapacity (1) Where, in the opinion of the Committee, a permanent officer is by reason of physical or mental incapacity unable to perform satisfactorily official duties, and the incapacity is of a permanent nature, the Committee may determine that the officer should be retired from the joint parliamentary service and notify the officer accordingly. (2) The officer may, within 14 days after receiving the notice, lodge with the Committee a written objection to the determination. (3) Upon the receipt of an objection under subsection (2), the Committee shall afford the officer a reasonable opportunity to make representations to it in support of the objection. (4) Representations may be made under subsection (3) personally or by representative. (5) Where an officer does not object to being retired from the joint parliamentary service under this section or the Committee, after considering an objection from the officer and any representations made in its support, remains of the opinion that the officer should be retired from the joint parliamentary service, the Committee may retire the officer from the joint parliamentary service. 16—Discipline (1) If a permanent officer— (a) commits a breach of this Act or any other Act that applies by virtue of the officer's official position; or (b) is guilty of an indictable offence; or (c) is sentenced to imprisonment for an offence; or (d) wilfully disobeys or disregards an order given by a person having authority to make the order; or (e) by word or conduct displays insubordination; or (f) is negligent, careless or indolent in the discharge of official duties; or (g) behaves in a disgraceful, improper or unbecoming manner that reflects upon the joint parliamentary service; or (h) is absent from duty without reasonable excuse; or (i) directly or indirectly discloses confidential information acquired in the course of official duties otherwise than in the discharge of those duties; or (j) makes, without permission of the Committee, any communication relating to the joint parliamentary service where it is reasonable to expect that the communication is likely to be published by any part of the media, the officer shall be liable to disciplinary action under this section. (2) Where an officer is liable to disciplinary action under this section, the Committee may exercise any of the following powers: (a) it may forfeit an entitlement of the officer to recreation leave; or (b) it may require the officer to pay to the General Revenue of the State a fine not exceeding $1 000; or (c) it may— (i) reduce the salary of the officer; or (ii) transfer the officer to an office with a lower classification; or (iii) dismiss the officer from the joint parliamentary service. (3) Before the Committee exercises a power under subsection (2), it shall notify the officer of the circumstances by reason of which the officer is alleged to be liable to disciplinary action. (4) The officer may, within 14 days of receiving the notice, lodge with the Committee a written objection to the taking of disciplinary action (denying, if the officer thinks fit, a liability to disciplinary action). (5) Upon receipt of an objection under subsection (4), the Committee shall afford the officer a reasonable opportunity to make representations in support of the objection. (6) Representations may be made under subsection (5) personally or by representative. (7) Where an officer does not object to disciplinary action being taken under this section or the Committee, after considering an objection from the officer and any representations made in its support, remains of the opinion that disciplinary action should be taken, the Committee may discipline the officer. (8) Before disciplining an officer the Committee shall, if the officer so desires, afford the officer a reasonable opportunity to make representations (personally or by representative) as to the disciplinary action that should be taken. 17—Suspension from office (1) The Committee may suspend an officer charged with a serious offence from office until the charge has been heard and determined. (2) An officer shall, unless the Committee otherwise determines, be entitled to salary during the period of suspension. (3) Where the Committee determines that a suspended officer should not receive salary during a period of suspension but the officer is found not guilty of the offence, the officer shall be paid full salary in respect of the period of suspension. (4) In this section— serious offence means an indictable offence or an offence punishable by imprisonment of one year or more. Part 4—Other conditions of service of officers 18—Recreation leave (1) An officer's entitlement to recreation leave shall accrue at the rate of 20 working days recreation leave for each year of service and a proportionate entitlement to recreation leave shall accrue in respect of each month of service. (2) Where, in the opinion of the Committee, there are special reasons for increasing an officer's entitlement to recreation leave, the Committee may increase the entitlement by such amount not exceeding 5 working days in each year as the Committee thinks fit. (3) Subject to subsection (4)— (a) an officer may take recreation leave in respect of a particular financial year at any time during that financial year; and (b) an officer must take recreation leave that has accrued in respect of a particular financial year before the expiration of the next financial year. (4) Subsection (3) is subject to the following qualifications: (a) recreation leave may be taken only at such times as the Committee may approve; and (b) where recreation leave is taken by an officer who ceases to be employed in the joint parliamentary service before the accrued entitlement to recreation leave equals or exceeds the number of days of recreation leave actually taken, the officer shall pay to the General Revenue of the State a sum calculated by the Committee as being the monetary equivalent of recreation leave taken in excess of the accrued entitlement; and (c) the Committee may extend the period within which an officer must take recreation leave under subsection (3)(b) if it is satisfied that there are special reasons justifying such an extension. (5) An officer shall, unless the Committee otherwise directs, take recreation leave on every day (not being a Saturday, Sunday or public holiday) falling between Christmas Day of each year and New Years Day of the following year. (6) An officer who fails to take recreation leave as required by or under this section shall forfeit the entitlement to that leave. (7) Where a person ceases for any reason to be an officer before taking recreation leave which has accrued under this section, that person shall be entitled to the monetary equivalent of that leave. 19—Sick leave (1) An officer's entitlement to sick leave shall accrue at the rate of 12 working days sick leave for each year of service. (2) An officer's entitlement to sick leave shall be credited as follows: (a) at the commencement of the officer's service a number of working days sick leave equivalent to the number of complete months intervening between the date of commencement of service and the first day of July next ensuing shall be credited; and (b) on that first day of July and on the first day of July in each succeeding year an entitlement to a further 12 working days sick leave shall be credited. (3) In the case of illness or other pressing necessity, the Committee may, subject to the rules, approve the taking of sick leave by an officer for a period not exceeding the period of sick leave currently credited to the officer and, in that event, the period credited shall be reduced by the period of that leave. 20—Long service leave and retention entitlement (1) An officer shall be entitled to long service leave calculated as follows: (a) in respect of the first 10 years of service—90 days leave; (b) in respect of each subsequent year of service—9 days leave. (1a) An officer who has completed 15 years of effective service (a long‑term employee) is entitled to an additional amount of leave (a skills and experience retention leave entitlement) (that will be taken to constitute long service leave) for each completed month of effective service (being service as a long‑term employee) as follows: (a) for each month of effective service completed during the 2012/2013 financial year—⅙ working days leave; (b) for each month of effective service completed during the 2013/2014 financial year—¼ working days leave; (c) for each month of effective service completed on or after 1 July 2014—⅓ working days leave. (2) An officer may choose to take long service leave at half pay and, in that event, shall be entitled to twice the number of days leave. (3) Subject to subsection (4), long service leave to which an officer is entitled shall be taken at such times and in such periods as the Committee may approve. (4) Long service leave may not be taken for a period of less than 2 weeks. (5) Every day falling on or after the commencement of a period of long service leave shall be counted as a day of that leave until the period for which the leave was granted is exhausted. (6) Where a person ceases for any reason to be an officer before taking accrued long service leave, that person shall be entitled, in lieu of that leave, to a sum ascertained in accordance with the following formula: