Parliamentary Administration Act 2005 (Victoria)

The Parliamentary Administration Act 2005 establishes a statutory framework for the employment, management and discipline of Parliamentary officers in the Parliament of Victoria. Mechanically, it creates three administrative Departments (Department of the Legislative Council, Department of the Legislative Assembly, Department of Parliamentary Services) (s 7), defines the roles and appointment regimes for the three Department Heads (Clerk of the Legislative Council, Clerk of the Legislative Assembly and Secretary of the Department of Parliamentary Services) (ss 9-11), and vests those Department Heads with employer powers on behalf of the Crown (s 18(1)-(2)). The Act also preserves an office of Clerk of the Parliaments and permits the Governor in Council, on the recommendation of the Presiding Officers, to appoint one of the Clerks to hold that office (s 8).

Substantively, the Act does the following, among other things:

Prescribes a set of workplace values for Parliamentary officers and requires Department Heads to promote them (s 5).
Requires Department Heads to establish employment processes based on merit, fairness and equal opportunity, and to provide avenues of redress (s 6).
Confers broad operational employer powers on Department Heads, including recruitment, assignment of work, direction, remuneration, secondment, suspension with pay and termination (s 18(2)(a)-(j)).
Creates formal review rights for officers against departmental employment actions as governed by regulations and standards under the Public Administration Act 2004 (s 19), and makes clear that reports from reviews can only make recommendations, not binding decisions (s 20).
Sets out disciplinary and removal procedures for Department Heads (ss 14-17), including a Board of Inquiry process with specified composition (s 15) and specific powers and consequences if charges are proven (s 16).

Version No. 015

Parliamentary Administration Act 2005

No. 20 of 2005

Version incorporating amendments as at
16 September 2019

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Objects 2

4 Definitions 2

Part 2—Values and employment principles 5

5 Parliamentary officer values 5

6 Parliamentary administration employment principles 7

Part 3—Employment of Parliamentary officers 8

Division 1—Administrative Departments 8

7 Administrative Departments of the Parliament 8

8 Clerk of the Parliaments 8

Division 2—Department Heads 8

9 Clerk of the Legislative Council 8

10 Clerk of the Legislative Assembly 9

11 Secretary of the Department of Parliamentary Services 10

12 General responsibility of Department Heads 11

13 Duty to act independently in employment matters 11

14 Conduct of Department Head 11

15 Board of Inquiry 11

16 Decision of Governor in Council on charges 12

17 Incapacity of Department Head 13

Division 2A—Parliamentary Budget Office 14

17A Establishment 14

17B Purpose 14

17C Parliamentary Budget Officer has Department Head functions 14

Division 3—Parliamentary officers 15

18 Employment and retirement 15

19 Review of actions 16

20 Recommendations following review 18

21 Employment of public servant not to affect his or her rights 19

22 Transfer of Parliamentary officer not to affect his or her rights 19

23 No officer to be dismissed except under Act 19

24 Fines to be stopped from salary 19

25 Application of Acts 19

Division 4—Financial management 20

26 Recovery of overpayments 20

27 Liability in respect of loss or damage 21

Division 5—Restriction on Parliamentary officers doing other work 22

28 Restriction on Parliamentary officers doing other work 22

Division 6—Termination of employment 23

29 Termination of employment 23

Part 4—Employment of electorate officers 25

30 Employment of electorate officers 25

30A Continuity of certain entitlements of former electorate officer 26

31 Termination of employment 26

Part 5—Miscellaneous 28

32 Delegation 28

33 Regulations 29

34 Transitional regulations 32

35 Saving and transitional provisions 34

36 Transitional provision—repeal of Division 7 of Part 3 34

37 Transitional provision—Public Administration Amendment (Public Sector Improvement) Act 2014 34

Schedules 36

Schedule 1—Saving and transitional provisions 36

Endnotes 39

1 General information 39

2 Table of Amendments 41

3 Amendments Not in Operation 43

4 Explanatory details 44

Version No. 015

Parliamentary Administration Act 2005

No. 20 of 2005

Version incorporating amendments as at
16 September 2019

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purposes

The purposes of this Act are to—

(a) provide a framework for good governance in the administration of the Parliament of Victoria;

S. 1(b) substituted by No. 80/2006 s. 6(1), repealed by No. 74/2009 s. 16(1).

S. 1(c) repealed by No. 80/2006 s. 6(1).

2 Commencement

(1) Sections 1, 38, 39, 42 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 50 is deemed to have come into operation on 21 December 2004.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision of this Act (other than sections 1, 38, 39, 42, 50 and this section) does not come into operation before 1 July 2005, it comes into operation on that day.

3 Objects

The objects of this Act are—

(a) to promote the highest standards of governance in the administration of the Parliament of Victoria;

(b) to establish values and principles to guide conduct and performance within Parliamentary administration;

S. 3(ca) inserted by No. 80/2006 s. 6(2), repealed by No. 74/2009 s. 16(2).

(d) to promote the highest standards of integrity and conduct for Parliamentary officers.

4 Definitions

(1) In this Act—

appropriate Department Head means—

(a) in relation to a Department—the Department Head; or

(b) in relation to a Parliamentary officer—the Head of the Department in which that officer is employed;

Assembly means the Legislative Assembly of Victoria;

Council means the Legislative Council of Victoria;

Department means a Department existing by virtue of section 7;

Department Head means a person employed as a Head of a Department under Division 2 of Part 3;

Parliament means the Parliament of Victoria;

S. 4(1) def. of Parliamentary Budget Officer inserted by No. 27/2017 s. 60(a).

Parliamentary Budget Officer has the same meaning as in the Parliamentary Budget Officer Act 2017;

S. 4(1) def. of Parliamentary officer amended by No. 27/2017 s. 60(b).

Parliamentary officer means a person employed under Part 3 in any capacity and includes a Department Head other than the Parliamentary Budget Officer;

President means President of the Council;

S. 4(1) def. of presiding officer inserted by No. 37/2013 s. 11.

presiding officer means—

(a) in relation to the Legislative Council—the President; and

(b) in relation to the Legislative Assembly—the Speaker;

public entity has the same meaning as in the Public Administration Act 2004;

public official has the same meaning as in the Public Administration Act 2004;

S. 4(1) def. of Public Sector Standards Commis-sioner repealed by No. 6/2014 s. 17(1)(a).

public service body has the same meaning as in the Public Administration Act 2004;

relevant Presiding Officer means—

(a) the President, in the case of the Clerk of the Legislative Council or any other Parliamentary officer employed in the Department of the Legislative Council;

(b) the Speaker, in the case of the Clerk of the Legislative Assembly or any other Parliamentary officer employed in the Department of the Legislative Assembly;

(c) the President and the Speaker, in the case of the Secretary of, or any other Parliamentary officer employed in, the Department of Parliamentary Services;

Speaker means Speaker of the Assembly;

S. 4(1) def. of third party amended by Nos 6/2014 s. 17(1)(b), 5/2019 s. 81(3).

third party has the same meaning as in the Parliamentary Salaries, Allowances and Superannuation Act 1968;

S. 4(1) def. of Victorian Public Sector Commission inserted by No. 6/2014 s. 17(1)(c).

Victorian Public Sector Commission means the Victorian Public Sector Commission established under section 37 of the Public Administration Act 2004.

(2) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty; and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Part 2—Values and employment principles

5 Parliamentary officer values

(1) The following are the values for Parliamentary officers—

(a) responsiveness—Parliamentary officers should demonstrate responsiveness by—

(i) providing frank, impartial and timely advice to the Parliament; and

(ii) providing high quality services to the Victorian community; and

(iii) identifying and promoting best practice;

(b) integrity—Parliamentary officers should demonstrate integrity by—

(i) being honest, open and transparent in their dealings; and

(ii) using powers responsibly; and

(iii) reporting improper conduct; and

(iv) avoiding any real or apparent conflicts of interest; and

(v) striving to earn and sustain public trust of a high level;

(i) making decisions and providing advice on merit and without bias, caprice, favouritism or self-interest; and

(ii) acting fairly by objectively considering all relevant facts and fair criteria;

(d) accountability—Parliamentary officers should demonstrate accountability by—

(i) working to clear objectives in a transparent manner; and

(ii) accepting responsibility for their decisions and actions; and

(iii) seeking to achieve best use of resources; and

(iv) submitting themselves to appropriate scrutiny;

(e) respect—Parliamentary officers should demonstrate respect for members of Parliament, colleagues, other public officials and members of the Victorian community by—

(i) treating them fairly and objectively; and

(ii) ensuring freedom from discrimination, harassment and bullying; and

(iii) using their views to improve outcomes on an ongoing basis;

(f) leadership—Parliamentary officers should demonstrate leadership by actively implementing, promoting and supporting these values.

(2) Subject to subsection (3), a Department Head must promote the values set out in subsection (1) to Parliamentary officers employed in the Department and ensure that any statement of values adopted or applied by the Department is consistent with those values.

(3) Nothing in subsection (1)—

(a) creates in any person any legal right or gives rise to any civil cause of action; or

(b) affects the rights or liabilities of a Parliamentary officer or the application to him or her, as a public official, of the public sector values within the meaning of the Public Administration Act 2004.

6 Parliamentary administration employment principles

Department Heads must establish employment processes that will ensure that—

(a) employment decisions are based on merit; and

(b) Parliamentary officers are treated fairly and reasonably; and

(d) Parliamentary officers have a reasonable avenue of redress against unfair or unreasonable treatment.

Part 3—Employment of Parliamentary officers

Division 1—Administrative Departments

7 Administrative Departments of the Parliament

The Parliament has the following administrative Departments—

(a) the Department of the Legislative Council;

(b) the Department of the Legislative Assembly;

8 Clerk of the Parliaments

(1) There continues to be an office of Clerk of the Parliaments.

(2) The Governor in Council, on the recommendation of the President and the Speaker, may appoint the Clerk of the Legislative Council or the Clerk of the Legislative Assembly to hold the office of Clerk of the Parliaments.

Division 2—Department Heads

9 Clerk of the Legislative Council

(1) The Governor in Council, on the recommendation of the President, may appoint a person as Clerk of the Legislative Council.

(2) The Clerk of the Legislative Council is entitled to be paid the same salary and allowances as are from time to time payable to the Clerk of the Legislative Assembly or would have been so payable had the Clerk of the Legislative Assembly's remuneration not been reduced under section 16.

(3) The Clerk of the Legislative Council—

(a) may resign by notice in writing delivered to the Governor in Council;

(b) ceases to hold office if he or she—

(i) resigns; or

(ii) is dismissed under section 16; or

(iii) has his or her services dispensed with under section 17.

(4) For the purposes of this Act the Clerk of the Legislative Council is the Department Head of the Department of the Legislative Council.

10 Clerk of the Legislative Assembly

(1) The Governor in Council, on the recommendation of the Speaker, may appoint a person as Clerk of the Legislative Assembly.

(2) The Clerk of the Legislative Assembly is entitled to be paid the salary and allowances that are from time to time fixed by the Governor in Council.

(3) The Clerk of the Legislative Assembly—

(a) may resign by notice in writing delivered to the Governor in Council;

(b) ceases to hold office if he or she—

(i) resigns; or

(ii) is dismissed under section 16; or

(iii) has his or her services dispensed with under section 17.

(4) For the purposes of this Act the Clerk of the Legislative Assembly is the Department Head of the Department of the Legislative Assembly.

11 Secretary of the Department of Parliamentary Services

(1) Subject to this Act, the employment of the Secretary of the Department of Parliamentary Services is governed by a contract of employment between the Secretary and the President and the Speaker.

(2) A contract must be in writing and be signed by or on behalf of the President and the Speaker and the Secretary.

(3) A contract must specify the date on which it expires which must not be more than 4 years after the date on which it comes into force.

(4) A contract must provide for the Secretary to be entitled to be paid the same salary and allowances as are from time to time payable to the Clerk of the Legislative Council and the Clerk of the Legislative Assembly or would have been so payable had such a Clerk's remuneration not been reduced under section 16.

(5) A contract of employment may be varied at any time by a further contract between the parties but its term may not be increased beyond 4 years nor the amount of salary or allowances payable under it be increased beyond that provided by subsection (4).

(6) If, at the time of entering into a contract of employment, the Secretary held the office of Secretary, then the contract constitutes a new instrument of appointment, and replaces any earlier instrument of appointment, for the purposes of this and any other Act.

(7) For the purposes of this Act the Secretary of the Department of Parliamentary Services is the Department Head of that Department.

12 General responsibility of Department Heads

A Department Head is responsible to the relevant Presiding Officer for the general conduct and the effective, efficient and economical management of the functions and activities of the Department and must advise the relevant Presiding Officer in all matters relating to the Department.

13 Duty to act independently in employment matters

(1) A Department Head is not subject to direction in relation to the exercise of his or her employer powers referred to in section 18 in respect of any individual but must act independently.

(2) This section has effect despite section 12 but is subject to any other express provision to the contrary in this Act.

14 Conduct of Department Head

If, in the opinion of the relevant Presiding Officer, a Department Head has engaged in conduct which renders him or her unfit to continue as Department Head, the relevant Presiding Officer—

(a) must report the Department Head to the Governor in Council; and

(b) may suspend the Department Head from duty.

15 Board of Inquiry

(1) If—

(a) a Department Head has been reported to the Governor in Council under section 14; and

(b) the Department Head does not admit in writing the truth of the charges made against him or her—

the Governor in Council may appoint a Board of Inquiry to inquire as to the truth of the charges.

(2) A Board of Inquiry appointed under this section consists of—

(a) the Attorney‑General or his or her nominee; and

(b) a member nominated by the Premier; and

(d) a member nominated by the Leader of the third party.

(3) The Board of Inquiry—

(a) must hold a hearing into the charges; and

(b) is bound by the rules of evidence and the rules of natural justice; and

S. 15(4) amended by No. 6/2018 s. 68(Sch. 2 item 92).

(4) The members of the Board of Inquiry may receive and examine evidence on oath or by affirmation.

(5) A Department Head is entitled to be legally represented at any hearing held by a Board of Inquiry into his or her conduct.

16 Decision of Governor in Council on charges

(1) If, under section 15—

(a) the Department Head admits in writing the truth of the charges; or

(b) the Board of Inquiry reports that it is satisfied on the balance of probabilities as to the truth of the charges—

the Governor in Council may according to the nature of the conduct—

(d) reduce the Department Head to a lower classification of Parliamentary officer; or

(e) reduce the Department Head's remuneration; or

(f) deprive the Department Head of the whole or any part of any future annual increment; or

(g) deprive the Department Head of any part of his or her leave of absence.

(2) Unless the Governor in Council otherwise orders, a Department Head who is dismissed under this section forfeits all remuneration payable to him or her during any period of suspension under section 14 preceding that dismissal.

(3) A suspension imposed under section 14 must be immediately removed by the Governor in Council if the Board of Inquiry reports that it is not satisfied on the balance of probabilities as to the truth of the charges giving rise to the suspension.

17 Incapacity of Department Head

The Governor in Council, on the recommendation of a Board of Inquiry appointed in accordance with section 15, may dispense with the services of a Department Head if—

(a) the Department Head is at any time found to be unfit to discharge the duties of his or her office or to be inefficient in, or incapable of, the prompt and effective discharge of his or her duties; and

(b) the unfitness, inefficiency or incapacity is likely to be of a permanent character.

Pt 3 Div. 2A (Heading and ss 17A–17C) inserted by No. 27/2017 s. 61.

Division 2A—Parliamentary Budget Office

S. 17A inserted by No. 27/2017 s. 61.

17A Establishment

The Parliamentary Budget Office is established as an administrative office of the Parliament.

S. 17B inserted by No. 27/2017 s. 61.

17B Purpose

The purpose of the Parliamentary Budget Office is to enable the Parliamentary Budget Officer to perform the Officer's functions.

S. 17C inserted by No. 27/2017 s. 61.

17C Parliamentary Budget Officer has Department Head functions

(1) Despite anything to the contrary in this Act, the Parliamentary Budget Officer has all the functions of a Department Head in relation to Parliamentary officers employed in the Parliamentary Budget Office.

(2) This Act applies to the Parliamentary Budget Office as if a reference in this Act to—

(a) a Department were a reference to the Parliamentary Budget Office; and

(b) a Parliamentary officer were a reference to a Parliamentary officer in the Parliamentary Budget Office; and

(3) However, nothing in Division 2 (except section 13) applies to the Parliamentary Budget Officer.

Division 3—Parliamentary officers

18 Employment and retirement

(1) A Department Head, on behalf of the Crown, has all the rights, powers, authorities and duties of an employer in respect of the Department and Parliamentary officers employed in it.

(2) Without limiting subsection (1), the appropriate Department Head—

(a) may employ as many persons as Parliamentary officers as are required for the exercise of the functions of the Department;

(b) may assign work to Parliamentary officers;

(d) may determine the remuneration (including an increase or reduction in remuneration) and other terms and conditions of employment of any individual Parliamentary officer;

(e) may pay allowances, bonuses or gratuities to Parliamentary officers;

(f) may transfer Parliamentary officers to duties in other Departments or in public service bodies or public entities;

(g) may suspend Parliamentary officers from duty with pay;

(h) may terminate the employment of Parliamentary officers;

(i) may second Parliamentary officers to other bodies or take persons on secondment from other bodies;

(j) may authorise periods of leave of absence for Parliamentary officers or make payments to Parliamentary officers in lieu of leave.

(3) A Department Head, in exercising a right, power, authority or duty referred to in this section, must do so in conformity with—

(a) the values set out in section 5; and

(b) the employment principles set out in section 6; and

(4) A Parliamentary officer may retire on reaching the age of 55 years.

19 Review of actions

S. 19(1) amended by No. 6/2014 s. 17(2).

(1) Subject to this section, a Parliamentary officer is entitled to have an action taken within a Department that relates to his or her employment reviewed in accordance with the regulations and any standards issued under section 62 of the Public Administration Act 2004.

S. 19(2) amended by No. 6/2014 s. 17(3).

(2) Unless the regulations otherwise provide, a Parliamentary officer is only entitled to have a review of a proposed appointment or promotion on the ground of a significant deficiency in the selection process or the process on an initial review.

(3) Regulations made for the purposes of this section may—

(a) prescribe exceptions to the entitlement to a review in circumstances where—

(i) the matter is frivolous, vexatious or lacking in substance; or

(ii) the applicant does not have sufficient personal interest; or

(iii) the applicant has not sought an initial review within the Department in which he or she is employed; or

(iv) the application is not made within a specified period; or

S. 19(3)(a)(v) substituted by No. 16/2010 s. 209(Sch. item 5.1).

(v) the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010; or

S. 19(3)(a)(vi) substituted by No. 16/2010 s. 209(Sch. item 5.2).

(vi) the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010;

S. 19(3)(b) amended by No. 6/2014 s. 17(4).

(b) provide for procedures for a review, including empowering the appointment of a person or body to conduct a review and specifying circumstances in which the applicant or any other party to a review may be accompanied by a legal practitioner or other person;

(d) provide for the powers available to the person or body conducting an initial review within the Department in which the Parliamentary officer is employed;

S. 19(3)(e) amended by No. 6/2014 s. 17(5).

(e) provide for an application for a review to be made directly to the Victorian Public Sector Commission in specified circumstances;

S. 19(3)(f) amended by No. 6/2014 s. 17(5).

(f) provide for an application for a review to be referred to the Victorian Public Sector Commission in specified circumstances on completion of an initial review within the Department in which the Parliamentary officer is employed;

S. 19(3)(g) amended by No. 6/2014 s. 17(5).

(g) provide for the powers available to the Victorian Public Sector Commission on conducting a review, including power to require the appropriate Department Head to provide him or her with information or documents and power to interview any Parliamentary officer in the Department.

(4) Regulations made for the purposes of this section—

S. 19(4)(a) amended by No. 6/2014 s. 17(5)(6).

(a) must not require the Victorian Public Sector Commission to hold a formal hearing on a review; and

(b) must ensure that the rules of natural justice are adhered to on a review.

20 Recommendations following review

S. 20(1) amended by No. 6/2014 s. 17(7).

(1) A person or body (including the Victorian Public Sector Commission) that has conducted a review under section 19 may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review.

(2) Without limiting subsection (1), recommendations under that subsection may include a recommendation that—

(a) a decision be reconsidered; or

(b) processes within the Department be changed.

S. 20(3) amended by No. 6/2014 s. 17(8).

(3) If the appropriate Department Head has not adopted a recommendation made in a report on a review within 14 days after receiving the report, he or she must, within 14 days after the end of that period, provide a written statement of the reasons for not adopting the recommendation to the Victorian Public Sector Commission, the applicant for the review and any other person affected by the recommendation.

21 Employment of public servant not to affect his or her rights

The employment as a Parliamentary officer of an employee within the meaning of the Public Administration Act 2004 does not in any manner affect, take away, alter or diminish any right whatever (whether accrued or accruing) of that person as an employee within the meaning of that Act so long as the right does not in any way conflict with his or her duties or obligations as a Parliamentary officer.

22 Transfer of Parliamentary officer not to affect his or her rights

The transfer of a Parliamentary officer to duties in a public service body or public entity does not in any manner affect, take away, alter or diminish any right whatever (whether accrued or accruing) of that officer as a Parliamentary officer.

23 No officer to be dismissed except under Act

A Parliamentary officer must not be dismissed or subjected to any other penalty in respect of his or her service as such an officer except as provided by this Act or the regulations.

24 Fines to be stopped from salary

All penalties imposed on a Parliamentary officer must be deducted from his or her salary.

25 Application of Acts

In addition to the provisions of this Act, Parliamentary officers are also subject to the provisions of any Act expressly applied to them by the Parliament, whether before or after the commencement of this section.

Division 4—Financial management

26 Recovery of overpayments

(1) In this section, officer means a person who is or was employed as a Parliamentary officer.

(2) Despite any Act or rule of law to the contrary, an officer is liable to repay to the State any money paid to him or her by the State in his or her capacity as an officer to which he or she was not entitled (in this section called an overpayment).

(3) Without limiting or affecting the right of the State to recover an overpayment by any legal or other process, the State may recover the overpayment from the officer by deduction or deductions from any amount due by the State to that officer.

(4) A deduction under subsection (3) from salary due to the officer must not exceed one tenth of the salary, before any deductions, whether under this section or otherwise, to which the officer is entitled.

(5) If deductions are made under this section from the salary of an officer—

(a) the officer may apply to the relevant Presiding Officer for the weekly amount of the deductions to be reduced; and

(b) the relevant Presiding Officer may give such directions as he or she thinks fit as to the amount of deductions to be made from the salary of the officer.

(6) An officer may apply in writing to the relevant Presiding Officer to be relieved from all or any of the liability with respect to the repayment of an overpayment and the relevant Presiding Officer may at any time, in his or her absolute discretion, by writing relieve the officer from all or any of such liability.

(7) Without derogating from the rights conferred on the State by this section, the State must before making any deduction under this section consider any proposal made by the officer with respect to the repayment of the overpayment.

(8) Subsection (4) does not apply to a deduction in respect of an overpayment that has not been repaid at the date the officer ceases for any reason to be a Parliamentary officer.

27 Liability in respect of loss or damage

(1) In this section, officer means a person who is or was employed as a Parliamentary officer.

(2) An officer who, by misconduct or by performing any duties in a grossly negligent manner, causes or contributes to a loss or deficiency in public money or the loss or destruction of or damage to other property of the State is liable to pay to the State an amount equal to the amount of the loss or deficiency or the value of the property lost or destroyed.

(3) If a Department Head is of the opinion that a Parliamentary officer may be liable for a loss, deficiency, destruction or damage under subsection (2), the Department Head may direct that an investigation be held.

(4) An investigation for the purposes of subsection (3) must be conducted in accordance with, and by a person appointed under, the regulations.

(5) After considering the report of an investigation under this section, the Department Head must determine whether or not to seek to recover an amount specified in the report of the investigation from the officer.

Division 5—Restriction on Parliamentary officers doing other work

28 Restriction on Parliamentary officers doing other work

(1) Except with the express permission of the relevant Presiding Officer in the case of a Department Head or of the appropriate Department Head in the case of any other Parliamentary officer, a full-time Parliamentary officer must not—

(a) engage in any other paid employment; or

(b) carry on any business, profession or trade.

(2) A part-time Parliamentary officer must not engage in any other paid employment or carry on any business, profession or trade that, in the opinion of the relevant Presiding Officer in the case of a Department Head or of the appropriate Department Head in the case of any other Parliamentary officer, conflicts with the proper performance of the officer's duties.

(3) Permission given to an officer under this section may be withdrawn by notice in writing given to the officer by the relevant Presiding Officer or the appropriate Department Head (as the case requires).

(4) Nothing in this section prevents a Parliamentary officer from—

(a) holding shares, or an interest in shares, in a company (within the meaning of the Corporations Act); or

S. 28(4)(b) amended by No. 20/2012 s. 226(Sch. 5 item 20).

(b) becoming a member of an incorporated association within the meaning of the Associations Incorporation Reform Act 2012.

Division 6—Termination of employment

29 Termination of employment

(1) The appropriate Department Head may terminate the employment of a Parliamentary officer—

(a) on the ground of redundancy; or

(b) if the officer refuses a transfer to other duties under Division 3; or

(c) if the officer is found guilty of a criminal offence punishable by imprisonment, including an offence committed before, but not dealt with until after, the officer became an officer; or

(d) if the officer is guilty of serious misconduct; or

(e) if the Department Head is satisfied that the officer is inefficient or incompetent in the discharge of his or her duties; or

(f) if the Department Head is satisfied that the officer has abandoned his or her employment; or

(g) if the Department Head is satisfied that the officer has, in connection with his or her application for employment, given false or misleading information; or

(h) for any other reason consistent with the terms and conditions of his or her employment.

(2) A power of a Department Head referred to in subsection (1) must be exercised as set out in section 18(3).

Pt 3 Div. 7 (Heading and ss 29A–29X) inserted by No. 80/2006 s. 5, repealed by No. 24/2009 s. 39.

Part 4—Employment of electorate officers

30 Employment of electorate officers

S. 30(1) amended by No. 37/2013 s. 12(1).

(1) The presiding officers, acting jointly, may, on behalf of the Crown, employ as an electorate officer to assist a member of Parliament, a person nominated by that member.

S. 30(2) amended by No. 37/2013 s. 12(2).

(2) The employment of a person under subsection (1) must be under an agreement in writing and is subject to any terms and conditions that are determined for the time being by the presiding officers, acting jointly.

(3) The Public Administration Act 2004 does not apply to a person employed under this Part.

S. 30(4) inserted by No. 37/2013 s. 12(3).

(4) Despite subsection (2), the duties and responsibilities of a person employed as an electorate officer are to be determined by the member who nominated that person.

S. 30(5) inserted by No. 5/2019 s. 84.

(5) Despite subsection (4), the member who nominated a person to be employed as an electorate officer must not determine that the person can, should or must perform a party specific activity.

S. 30(6) inserted by No. 5/2019 s. 84.

(6) For the purposes of this section, party specific activity means any activity for the dominant purpose of directing how a person should vote at an election, by promoting or opposing—

(a) the election of any candidate at the election; or

(b) a registered political party; or

S. 30A inserted by No. 37/2013 s. 13.

30A Continuity of certain entitlements of former electorate officer

If within the period of 12 months after ceasing to be employed as an electorate officer, a person becomes employed—

(a) as a public sector employee within the meaning of section 4 of the Public Administration Act 2004; or

(b) as a Ministerial officer under section 98 of the Public Administration Act 2004; or

the period of service as an electorate officer is to be recognised in determining any entitlements accruing as a result of becoming so employed in respect of which continuity of service is relevant unless the entitlement was paid out upon ceasing to be employed as an electorate officer.

31 Termination of employment

(1) The employment of a person under this Part—

(a) terminates if the member of Parliament whom the person was appointed to assist dies or ceases to be a member;

(b) may be terminated in accordance with the agreement under which the person is employed in accordance with this Part.

(2) The employment of a person as an electorate officer is deemed not to have terminated on the death or cessation of membership of a member of Parliament if—

S. 31(2)(a) amended by No. 37/2013 s. 14(a).

(a) the term of the employment is extended by the presiding officers, acting jointly, from the date of death or cessation for a specified period; or

S. 31(2)(b) amended by No. 37/2013 s. 14(b).

(b) within 4 weeks, or any longer period that the presiding officers acting jointly determine, after the date of death or cessation the person is employed under this Part as an electorate officer to assist another member of Parliament.

Part 5—Miscellaneous

32 Delegation

(1) The President may, by instrument, delegate to the Deputy President or to the Clerk of the Legislative Council any of his or her functions under this Act or the regulations other than—

(a) in the case of a delegation to the Deputy President, this power of delegation; or

(b) in the case of a delegation to the Clerk of the Legislative Council, the power to recommend the appointment of a person as Clerk of the Legislative Council; or

(2) The Speaker may, by instrument, delegate to the Deputy Speaker or to the Clerk of the Legislative Assembly any of his or her functions under this Act or the regulations other than—

(a) in the case of a delegation to the Deputy Speaker, this power of delegation; or

(b) in the case of a delegation to the Clerk of the Legislative Assembly, the power to recommend the appointment of a person as Clerk of the Legislative Assembly; or

(3) The President and the Speaker, acting jointly, may, by instrument, delegate to the Deputy President and the Deputy Speaker, jointly, or to the Secretary of the Department of Parliamentary Services any of the functions of the President and the Speaker under this Act or the regulations other than—

(a) in the case of a delegation to the Deputy President and the Deputy Speaker jointly, this power of delegation; or

(b) in the case of a delegation to the Secretary of the Department of Parliamentary Services, the power to employ a person as Secretary of that Department; or

(4) A Department Head may, by instrument, delegate to any other Parliamentary officer any of his or her functions under this Act, including any function delegated to him or her under this section, other than the power to sub-delegate a function delegated to the Department Head under this section.

(5) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation by a Department Head under subsection (4) in the same way as they apply to a delegation.

33 Regulations

(1) The Governor in Council may, on the recommendation of the President and the Speaker, make regulations for or with respect to—

(a) the duties to be performed by Parliamentary officers;

(b) the leave of absence to be allowed to Parliamentary officers;

(c) regulating the procedures for handling disciplinary matters in relation to Parliamentary officers including hearings, appeals and the imposition of penalties which may include fines (not exceeding 40 penalty units), reduction in salary or classification or both, suspension or dismissal;

(d) providing for disciplinary action (including the imposition of penalties which may include fines (not exceeding 40 penalty units), reduction in salary or classification or both, suspension or dismissal) which may be taken in respect of a Parliamentary officer who has been found guilty of an offence punishable by imprisonment;

(e) providing for procedures for an investigation for the purposes of section 27(3), including empowering the appointment of a person to conduct an investigation;

(f) generally any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) A power conferred by this Act to make regulations may be exercised—

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b) so as to make, as respects the cases in relation to which the power is exercised—

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(3) Regulations made under this Act may be made—

(a) so as to apply—

(i) at all times or at a specified time; or

(ii) throughout the whole of the State or in a specified part of the State; or

(iii) as specified in both subparagraphs (i) and (ii); and

(b) so as to require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or a specified class of person; or

(iii) as specified in both subparagraphs (i) and (ii); and

(c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii) as formulated, issued, prescribed or published from time to time; and

(d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and

(f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

34 Transitional regulations

(1) Until regulations in relation to review of actions and discipline are first made under this Act or the first anniversary of the commencement of this section (whichever first occurs), Parts 11 and 12 of the Public Sector Management Regulations 1993 (as in force on 28 May 1996 and with any necessary modifications) apply to Parliamentary officers (other than Department Heads) as if—

(a) regulations 25.2, 25.9, 25.10(d), 27, 30.3(b), 35 and 36 of those Regulations were omitted; and

(b) in regulation 30.3(c) of those Regulations after "staff member" there were inserted "(including a Department Head)";

(i) a Department Head were a reference to a Department Head under this Act; and

(ii) a Department were a reference to a Department under this Act; and

(iii) a staff member were a reference to a Parliamentary officer (other than a Department Head); and

(iv) the Act were a reference to this Act; and

(v) these Regulations were a reference to the regulations made under this Act;

(d) except in regulation 34.1(a)(iii), any reference in Parts 11 and 12 of those Regulations to the Public Service Commissioner were a reference to the relevant Presiding Officer in the case of any Parliamentary officer;

(e) any reference in regulations 41 and 42A of those Regulations to the public service were a reference to the Parliament;

(f) any reference in regulation 43 of those Regulations to the public service were a reference to an office of the Parliament.

(2) Until regulations for the purposes of section 27 are first made under this Act or the first anniversary of the commencement of this section (whichever first occurs), Part 3 of the Financial Management Regulations 2004 and the definitions of incident, investigator and relevant incident in regulation 5 of those Regulations (with any necessary modifications) apply to Departments under this Act as if any reference in the applied provisions to—

(a) section 57 of the Act were a reference to section 27 of this Act; and

(b) an empowered officer were a reference to a Department Head; and

(c) a relevant employee, in relation to an investigation, were a reference to the Parliamentary officer in relation to whom the investigation is being or is proposed to be held; and

(d) those Regulations were a reference to the applied provisions; and

(e) a department were a reference to a Department under this Act; and

(f) an employee or an officer were a reference to a Parliamentary officer.

35 Saving and transitional provisions

Schedule 1 contains saving and transitional provisions.

New s. 36 inserted by No. 24/2009 s. 40.

36 Transitional provision—repeal of Division 7 of Part 3

Any application begun but not completed under Division 7 of Part 3 immediately before the repeal of the Division by section 39 of the Fair Work (Commonwealth Powers) Act 2009 may be continued and completed in accordance with that Division, as if that Division were still in operation.

New s. 37 inserted by No. 6/2014 s. 18.

37 Transitional provision—Public Administration Amendment (Public Sector Improvement) Act 2014

A review of an employment related action conducted by the Public Sector Standards Commissioner under section 19 that is not completed before the day on which Part 2 of the Public Administration Amendment (Public Sector Improvement) Act 2014 comes into operation must be continued on and after that day by the Victorian Public Sector Commission.

Pt 6 (Heading and ss 36–53) repealed by No. 80/2006 s. 25.

Schedules

Schedule 1—Saving and transitional provisions

Section 35

1 Definitions

In this Schedule—

commencement day means the day on which Part 3 of the new Act comes into operation;

former Act means the Parliamentary Officers Act 1975;

new Act means the Parliamentary Administration Act 2005.

2 General transitional provision

(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2) If a provision of the former Act continues to apply by force of this Schedule, any other provision of the former Act necessary to give effect to that continued provision also continues to apply in relation to that provision.

3 Existing Parliamentary officers

(1) The person holding the office of the Clerk
of the Parliaments immediately before the commencement day under section 5 of the former Act must, on that day, be taken to hold the office of Clerk of the Parliaments under section 8 of the new Act.

(2) A person employed immediately before the commencement day under Part 2 of the former Act as an officer of the Parliament within the meaning of that Act, or who by force of the former Act or any other Act is taken to be an officer of the Parliament within the meaning of that Act to whom that Act applied immediately before the commencement day, must, on that day, be taken to be employed under Part 3 of the new Act, with the same classification, duties and remuneration, and subject to the same industrial award or agreement or contract of employment, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under the former Act immediately before that day.

(3) A person employed, or who by force of the former Act is taken to be employed, under Part 3 of the former Act immediately before the commencement day must, on that day, be taken to be employed under Part 4 of the new Act, with the same classification, duties and remuneration, and subject to the same agreement or contract, and with the same rights to leave of absence and accrued or accruing entitlements, as applied to the person or his or her employment under Part 3 of the former Act immediately before that day.

(4) The repeal of the former Act does not prevent any of the terms and conditions of employment of a person holding an office or position or employed in a Department under the former Act, or employed under Part 3 of the former Act, immediately before the commencement day from being altered by or under any law, award or agreement with effect from any time after that day.

(5) Except as otherwise provided by this Schedule, the new Act applies to a person who is taken by virtue of a provision of this clause to be employed under a Part of the new Act in the same way as it applies to persons actually employed under that Part.

4 Vacancies

Any process to fill a vacancy begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act.

5 Administrative Department structure

Departments under the former Act with titles corresponding to the titles of Departments in section 7 of the new Act must be taken to be those Departments on the commencement day.

6 Superseded references

On and from the commencement day unless the context otherwise requires, in any Act (other than the new Act), or in any instrument made under any Act or in any other document of any kind—

(a) a reference to an officer of the Parliament within the meaning of the former Act must be read as a reference to a Parliamentary officer within the meaning of the new Act;

(b) a reference to the former Act must be read as a reference to the new Act;

(c) a reference to an office in a Department must be read as a reference to employment in that Department under Part 3 of the new Act.

7 Personal grievances and discipline

Any process, review or inquiry begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 24 March 2005

Legislative Council: 3 May 2005

The long title for the Bill for this Act was "to provide a framework for good governance in the administration of the Parliament of Victoria, to repeal the Parliamentary Officers Act 1975, to amend the Constitution Act 1975, the Long Service Leave Act 1992, the Parliamentary Committees Act 2003, the Public Administration Act 2004, the Terrorism (Community Protection) Act 2003 and certain other Acts and for other purposes."

The Parliamentary Administration Act 2005 was assented to on 24 May 2005 and came into operation as follows:

Section 50 on 21 December 2004: section 2(2); sections 1, 2, 38, 39 and 42 on 25 May 2005: section 2(1); rest of Act on 1 July 2005: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Parliamentary Administration Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	Ss 5, 6, 25 on 11.10.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009

Assent Date:	17.6.09
Commencement Date:	Ss 39, 40 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009

Assent Date:	1.12.09
Commencement Date:	S. 16 on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Equal Opportunity Act 2010, No. 16/2010

Assent Date:	27.4.10
Commencement Date:	S. 209(Sch. item 5) on 1.8.11: s. 2(4)
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 20) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013

Assent Date:	18.6.13
Commencement Date:	Ss 11–14 on 1.7.13: s. 2
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014

Assent Date:	11.2.14
Commencement Date:	Ss 17, 18 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Parliamentary Budget Officer Act 2017, No. 27/2017

Assent Date:	27.6.17
Commencement Date:	Ss 60, 61 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 92) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019

Assent Date:	19.3.19
Commencement Date:	S. 84 on 20.3.19: s. 2(1); s. 81(3) on 16.9.19: s. 2(4)
Current State:	This information relates only to the provision/s amending the Parliamentary Administration Act 2005

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

1 Parliamentary Administration Act 2005

Version No. 015

Parliamentary Administration Act 2005

No. 20 of 2005

Version incorporating amendments as at
16 September 2019

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Objects 2

4 Definitions 2

Part 2—Values and employment principles 5

5 Parliamentary officer values 5

6 Parliamentary administration employment principles 7

Part 3—Employment of Parliamentary officers 8

Division 1—Administrative Departments 8

7 Administrative Departments of the Parliament 8

8 Clerk of the Parliaments 8

Division 2—Department Heads 8

9 Clerk of the Legislative Council 8

10 Clerk of the Legislative Assembly 9

11 Secretary of the Department of Parliamentary Services 10

12 General responsibility of Department Heads 11

13 Duty to act independently in employment matters 11

14 Conduct of Department Head 11

15 Board of Inquiry 11

16 Decision of Governor in Council on charges 12

17 Incapacity of Department Head 13

Division 2A—Parliamentary Budget Office 14

17A Establishment 14

17B Purpose 14

17C Parliamentary Budget Officer has Department Head functions 14

Division 3—Parliamentary officers 15

18 Employment and retirement 15

19 Review of actions 16

20 Recommendations following review 18

21 Employment of public servant not to affect his or her rights 19

22 Transfer of Parliamentary officer not to affect his or her rights 19

23 No officer to be dismissed except under Act 19

24 Fines to be stopped from salary 19

25 Application of Acts 19

Division 4—Financial management 20

26 Recovery of overpayments 20

27 Liability in respect of loss or damage 21

Division 5—Restriction on Parliamentary officers doing other work 22

28 Restriction on Parliamentary officers doing other work 22

The Act organises Parliamentary administration around a set of core concepts: values, employer authority, departmental structure, review and discipline, financial accountability and regulatory discretion. Each concept appears in an operationally specific provision.

Values and employment principles (Part 2)

Values: s 5 prescribes six enumerated workplace values,responsiveness, integrity, impartiality, accountability, respect and leadership. Each value is expanded by subparagraphs specifying behaviours (for example, "responsiveness" includes providing frank, impartial and timely advice (s 5(1)(a)(i)-(iii)); "integrity" includes avoiding conflicts of interest and reporting improper conduct (s 5(1)(b)(iv)-(iii))). Department Heads must promote those values within their Department and ensure consistency of departmental statements of values with s 5(2). The statute also expressly makes these values non-justiciable as creating private causes of action (s 5(3)(a)) and clarifies they do not displace public sector values under the Public Administration Act 2004 (s 5(3)(b)).
Employment principles: s 6 requires Department Heads to establish processes that secure merit-based decisions, fair and reasonable treatment, equal employment opportunity and reasonable avenues of redress.

Employer powers and responsibilities (Part 3, Division 3)

Department Heads are the employer on behalf of the Crown and have wide employer powers listed in s 18(2): they can employ, assign work, issue lawful instructions, set remuneration and terms, pay allowances, transfer staff, suspend with pay, terminate employment, manage secondments and authorise leave and payments in lieu (s 18(1)-(2)). Those powers must be exercised consistently with the statutory values and employment principles (s 18(3)).

Independence and accountability

The Act places a duty on Department Heads to act independently in employment matters and not be subject to direction in relation to exercise of employer powers (s 13(1)). That duty is stated to operate "despite" the general responsibility of Department Heads to advise and be responsible to the relevant Presiding Officer (s 12), subject to any express provision to the contrary (s 13(2)). The Act therefore creates a structured tension: Department Heads are both responsible to Presiding Officers (s 12) and statutorily required to act independently on employment decisions (s 13).

Review and non-binding recommendations

Parliamentary officers have a statutory entitlement to have departmental employment actions reviewed "in accordance with the regulations and any standards issued under section 62 of the Public Administration Act 2004" (s 19(1)). Reviews are regulated; the Act permits regulations to specify exceptions and procedures (s 19(3)). The reviewing body may make recommendations but has no binding decision-making power; ultimate decision-making remains with Department Heads (s 20(1)-(3)).

Discipline and removal of Department Heads

If a Presiding Officer forms the opinion that a Department Head is unfit to continue, the Department Head must be reported to the Governor in Council and may be suspended (s 14). A Board of Inquiry, composed of specific officeholders or their nominees including the Attorney‑General (or nominee) and members nominated by the Premier and party leaders (s 15(2)), holds a hearing, is bound by rules of evidence and natural justice (s 15(3)(b)), and reports to the Governor in Council (s 15(3)(c)). If the charges are admitted or established on the balance of probabilities, the Governor in Council may dismiss or impose a range of penalties on the Department Head (s 16).

Financial accountability

The statute empowers the State to recover overpayments from officers (s 26), limits deductions from salary to one-tenth unless the officer has ceased employment (s 26(4), (8)), permits the Presiding Officer to reduce deductions in response to an application (s 26(5)), and vests absolute discretion in the Presiding Officer to relieve liability for overpayment (s 26(6)). An officer who causes loss through misconduct or gross negligence is also civilly liable to the State for the amount of the loss (s 27(2)); Department Heads may direct investigations under regulations (s 27(3)-(5)).

Electorate officers and party activity

Part 4 permits presiding officers, acting jointly, to employ electorate officers nominated by members (s 30(1)-(2)). The Public Administration Act 2004 does not apply to electorate officers (s 30(3)). The member determines duties and responsibilities (s 30(4)) but a 2019 amendment added a statutory prohibition on members directing electorate officers to undertake party-specific activity (s 30(5)-(6)).

Regulatory regime and transitional mechanics

The Governor in Council may make regulations on a broad set of matters, including disciplinary procedures and penalties (s 33). The Act contains transitional provisions applying modified pre-existing Public Sector Management Regulations and Financial Management Regulations to Parliamentary officers until regulations are made under this Act (s 34), and Schedule 1 preserves employment rights and continuity for persons employed under the former Parliamentary Officers Act 1975.

Primary actors affected by the Act are defined categories of Parliamentary officers, Department Heads, Presiding Officers, electorate officers and certain Crown or public bodies involved in Parliamentary administration. The Act also affects the State as employer and regulatory actor.

Parliamentary officers

The Act defines "Parliamentary officer" as a person employed under Part 3 in any capacity and expressly includes Department Heads other than the Parliamentary Budget Officer (s 4). Those employees are subject to the employer powers and obligations in s 18, the restrictions on outside work in s 28, the review rights in s 19, and the financial recovery and liability provisions in ss 26-27. Parliamentary officers also remain subject to any Act expressly applied to them by Parliament (s 25).

Department Heads

Department Heads are specific statutory offices: Clerk of the Legislative Council, Clerk of the Legislative Assembly and Secretary of the Department of Parliamentary Services (ss 9-11). They are Department Heads for the purposes of the Act (ss 9(4), 10(4), 11(7)), accountable to the relevant Presiding Officer for general conduct and management of the Department (s 12), and they hold employer powers on behalf of the Crown (s 18). They must promote the values in s 5(2) and act independently in employment matters (s 13). Department Heads can be investigated, suspended and removed under the Board of Inquiry and Governor in Council procedures (ss 14-17).

Presiding Officers

The President and the Speaker have appointment, recommendation and delegation powers. They recommend appointments to the Governor in Council for clerks (ss 8-10), jointly recommend the Secretary's contract terms (s 11), may report a Department Head to the Governor in Council and suspend them (s 14), and make regulations by recommendation to the Governor in Council (s 33). The "relevant Presiding Officer" is the decision-maker for matters such as permission for other work by Department Heads (s 28), relief from liability for overpayments (s 26(5)-(6)) and other functions defined in s 4.

Electorate officers and nominated employees

Electorate officers are employed by the presiding officers on behalf of the Crown at the nomination of a member (s 30(1)). Their duties are to be determined by the nominating member (s 30(4)) but since 2019 they must not be directed to undertake party-specific activity (s 30(5)-(6)). The Public Administration Act 2004 does not apply to electorate officers (s 30(3)), although continuity of service for certain entitlements is preserved in s 30A if they later join the public sector.

Victorian Public Sector Commission and external review bodies

The Act references reviews conducted in accordance with standards under the Public Administration Act 2004 (s 19(1)). Regulations may provide for applications to be made to, or referred to, the Victorian Public Sector Commission, and grant that Commission powers to require documents and interview officers (s 19(3)(e)-(g)). Thus the VPS Commission (or its predecessor bodies where applicable) can be an external reviewer within the statutory review architecture.

The State and Governor in Council

Appointments of Department Heads (ss 9-11), decisions on charges following a Board of Inquiry (s 16), and the ability to dispense with services for incapacity (s 17) are formalised through the Governor in Council. The State is the paymaster and the party entitled to recover overpayments (s 26) and recovery for loss or damage caused by misconduct (s 27).

Other affected parties

Employers, public service bodies and public entities are affected by transfer and secondment powers (s 18(2)(f), (i), and s 22), and by the preservation of accrued rights for persons employed under the Public Administration Act 2004 when they become Parliamentary officers (s 21). Third parties and the public are affected indirectly by the values and impartiality obligations that aim to shape service and advice to the Parliament (s 5).

Who decides and who pays

Department Heads decide most day-to-day employment matters (s 18). Presiding Officers decide at higher levels: recommendation of Department Head appointments, suspension and referral for inquiry, and certain relief powers regarding recovery (ss 8-11, 14, 26(5)-(6)). The State pays salaries and benefits and is the recipient of recoveries and of any civil liability claims founded on conduct (s 26, s 27).

The Act distributes duties and rights between Department Heads, Parliamentary officers, Presiding Officers and the Governor in Council. Key duties include promotion of values, independent exercise of employer powers, review rights and mutual protections for entitlements. Key rights include review remedies and statutory protections from dismissal except under the Act.

Department Heads , duties and constraints

Promote statutory values: A Department Head must promote the values in s 5(1) to officers employed in the Department and ensure departmental statements of values are consistent with s 5(2). The Act emphasises promotion and consistency; it does not create a private right of action from those values (s 5(3)(a)).
Act independently in employment matters: s 13(1) provides that a Department Head is not subject to direction in relation to the exercise of employer powers under s 18 in respect of any individual, and must act independently. This independence is expressly stated to operate despite s 12 (general responsibility to Presiding Officer), subject to any express contrary provision (s 13(2)).
General management duty: s 12 requires Department Heads to be responsible to the relevant Presiding Officer for the effective, efficient and economical management of the Department and to advise the Presiding Officer on matters relating to the Department.

Department Heads , employer powers (rights)

s 18(1) and (2) list employer powers: employ required persons, assign work, issue lawful instructions, determine remuneration and terms (including increases or reductions), pay allowances and bonuses, transfer staff, suspend with pay, terminate employment, effect secondments, and authorise leave or make payments in lieu.

Parliamentary officers , rights

Review rights: s 19(1) grants Parliamentary officers an entitlement to have an employment-related action within a Department reviewed in accordance with regulations and standards under the Public Administration Act 2004. The Act permits the regulations to limit reviewable matters (s 19(2)-(3)).
Protection from dismissal except under the Act: s 23 states a Parliamentary officer must not be dismissed or subjected to penalty except as provided by the Act or regulations.
Continuity and preservation of rights: s 21 preserves rights of public servants who become Parliamentary officers under the Public Administration Act 2004, so long as those rights do not conflict with Parliamentary duties. s 22 protects rights in transfers to public service bodies or entities.

Presiding Officers , duties and powers

Report and suspend Department Heads if unfit: s 14 requires a Presiding Officer to report a Department Head to the Governor in Council if the Presiding Officer forms the opinion the Department Head has engaged in conduct rendering them unfit and allows for suspension (s 14(a)-(b)).
Recommendation roles: The President and Speaker recommend appointments for certain offices to the Governor in Council (s 8, s 9(1), s 10(1)) and are parties to the Secretary's contract (s 11).
Discretion over overpayments: s 26(5)-(6) grants relevant Presiding Officers power to direct reduction in weekly deduction amounts and to relieve an officer from all or part of liability in their absolute discretion.

Governor in Council , duties and powers

Make formal appointments (ss 8-11).
Decide on charges following Board of Inquiry findings or admissions (s 16), with a range of sanctions available including dismissal, reduction in classification or remuneration, deprivation of increments or leave (s 16(1)(c)-(g)).
Dispense with services where incapacity is permanent, on recommendation (s 17).

Review bodies , powers and limits

Reviews must adhere to regulations and standards under the Public Administration Act (s 19(1)); the Act allows the reviewer to make recommendations but not binding decisions (s 20(1)). If Department Heads do not adopt recommendations within 14 days they must provide reasons to the VPS Commission, applicant and affected persons (s 20(3)).

Financial duties and liabilities

Repayment of overpayments: s 26(2) makes an officer liable to repay any money paid to them that they were not entitled to. The State may recover by deductions, limited to one-tenth of salary (s 26(3)-(4)), subject to later exceptions and relief (s 26(5)-(6), (8)).
Liability for loss or damage: s 27(2) makes an officer who by misconduct or via gross negligence causes loss or damage liable to pay the State an amount equal to that loss; investigations are governed by regulations (s 27(3)-(5)).

Restrictions on outside employment and political activities

Full-time officers cannot undertake other paid employment or carry on a business without express permission of the relevant Presiding Officer (for Department Heads) or appropriate Department Head (for other officers) (s 28(1)). Part-time officers are subject to a conflicts test (s 28(2)). Permission may be withdrawn (s 28(3)). Holdings of shares and membership of incorporated associations are expressly permitted (s 28(4)).

Electorate officers , specific duties and prohibitions

The presiding officers, acting jointly, employ electorate officers nominated by a member (s 30(1)). Duties are determined by the nominating member (s 30(4)) but the 2019 amendment forbids determining that the person perform party-specific activity (s 30(5)-(6)).

Regulatory and disciplinary framework

The regulations may prescribe disciplinary procedures including fines, reduction in salary or classification, suspension or dismissal (s 33(1)(c)-(d)), and specify procedures for investigations under s 27 (s 33(1)(e)). Regulations can contain broad powers of prescription including conferring discretionary authorities (s 33(2)-(3)). Transitional application of earlier Public Sector Management Regulations and Financial Management Regulations is provided until new regulations are made (s 34).

The Act establishes multiple enforcement levers: internal disciplinary processes, Board of Inquiry and Governor in Council decisions against Department Heads, regulatory penalties, salary deductions and civil recovery for loss. The Act leaves substantial detail to regulations, but sets statutory limits and procedural protections.

Disciplinary sanctions and procedure

For Department Heads: s 14 empowers relevant Presiding Officers to report and suspend a Department Head if found unfit. If the Department Head does not admit charges, s 15 allows the Governor in Council to appoint a Board of Inquiry which must hold a hearing, observe rules of evidence and natural justice and report its findings (s 15(1)-(3)). If charges are admitted or the Board finds them made out on the balance of probabilities, s 16 empowers the Governor in Council to impose sanctions including dismissal, reduction in classification, reduction of remuneration, deprivation of future increments or leave (s 16(1)(c)-(g)). A Department Head dismissed forfeits remuneration during any suspension period unless the Governor in Council orders otherwise (s 16(2)). If the Board reports it is not satisfied, any suspension must be immediately removed (s 16(3)).
For Parliamentary officers generally: s 23 requires dismissal or penalties to be exercised only as provided by the Act or regulations. The regulations may prescribe disciplinary procedures and penalties, including fines not exceeding 40 penalty units, reduction in salary or classification, suspension or dismissal (s 33(1)(c)-(d)). Regulations are also empowered to provide for disciplinary action in respect of officers found guilty of an offence punishable by imprisonment (s 33(1)(d)).

Salary deductions and recoveries

All penalties imposed on a Parliamentary officer must be deducted from their salary (s 24).
Overpayments are recoverable by the State under s 26(2)-(3). Salary deductions to recover overpayments are generally limited to one tenth of salary (s 26(4)), but an exception applies where an overpayment remains outstanding at the date the officer ceases to be an officer (s 26(8)). The relevant Presiding Officer can direct reduction of the weekly deduction amount on application (s 26(5)) and may relieve the officer from all or part of the liability in their absolute discretion (s 26(6)). Before making a deduction, the State must consider any repayment proposal made by the officer (s 26(7)).

Civil liability for loss and damage

An officer who, by misconduct or gross negligence in performing duties, causes loss or damage to public money or property is liable to pay the State an amount equal to the loss or value of the property (s 27(2)). Department Heads may direct investigations under regulations and, after considering the investigation report, determine whether to seek recovery from the officer (s 27(3)-(5)).

Regulatory penalties and potential inconsistencies

Section 33 contains two provisions about penalty limits. Subsections 33(1)(c)-(d) authorise regulations to provide for disciplinary procedures that may include fines not exceeding 40 penalty units and other penalties. Subsection 33(3)(f) separately provides that regulations may impose a penalty not exceeding 20 penalty units for contravention of the regulations. Both appear in the same statutory provision; the Act thus contemplates two distinct penalty regimes,disciplinary provisions (40 penalty units) and regulatory contraventions (20 penalty units). The Act does not itself resolve any interaction between those maxima; that detail falls to the drafting and operation of regulations.

Procedural protections and limits on review

Reviews are to be conducted in accordance with the regulations and Public Administration Act 2004 standards (s 19(1)). Regulations may exclude review where matters are frivolous or the applicant lacks sufficient personal interest, among other enumerated exceptions (s 19(3)(a)). The Act also provides that a reviewer may recommend but not impose binding outcomes (s 20(1)); Department Heads must either adopt the recommendation or provide written reasons to the VPS Commission and affected parties within specified timeframes (s 20(3)).

Enforcement actors

The Governor in Council is the final decision-maker for Department Head sanctions (s 16). Department Heads administer discipline for other officers in the Department consistent with the Act and regulations (s 18(2)(h), s 33). The Victorian Public Sector Commission can be the body to receive or conduct reviews if regulations so provide and is given powers to require documents and interview officers (s 19(3)(e)-(g)). Investigations under s 27 must be conducted in accordance with regulations and by persons appointed under the regulations (s 27(4)).

The Act is framed to operate alongside and in some respects to defer to other Victorian public sector statutes and regulations. It references, adopts aspects of, or exempts certain categories from the Public Administration Act 2004, the Parliamentary Budget Officer Act 2017, the Equal Opportunity Act 2010 and other instruments. Below are the principal interactions and cross-references contained in the text.

Public Administration Act 2004

Definitions: The Act uses terms with the same meaning as in the Public Administration Act 2004 for "public entity", "public official" and "public service body" (s 4). This aligns conceptual categories with the broader public sector definitions.
Reviews and standards: s 19(1) expressly entitles Parliamentary officers to have employment actions reviewed "in accordance with the regulations and any standards issued under section 62 of the Public Administration Act 2004." That imports standards set under the Public Administration Act into the review process for Parliamentary officers.
External review body: Regulations may permit applications for review to be made to, or referred to, the Victorian Public Sector Commission, and grant it powers to require information and interview officers (s 19(3)(e)-(g)). The VPS Commission is the body established under s 37 of the Public Administration Act 2004 (s 4).

Parliamentary Budget Officer Act 2017

The Parliamentary Budget Officer and the Parliamentary Budget Office are incorporated by the 2017 amendments. The Act defines "Parliamentary Budget Officer" as having the same meaning as in the Parliamentary Budget Officer Act 2017 and gives that Officer Department Head functions in respect of officers employed in the Parliamentary Budget Office (s 4; ss 17A-17C). The Act applies to the Parliamentary Budget Office as if references to a Department, Department Head or Parliamentary officer were references to that Office and its officers, except Division 2 (governing Department Heads) does not apply to the Parliamentary Budget Officer except for s 13 (duty to act independently) (s 17C(3)). The Parliamentary Budget Office is therefore operationalised within the Act but with some special treatment.

Equal Opportunity Act 2010

s 19(3)(a)(v)-(vi) permits regulations to exclude review where the matter is the subject of proceedings under Division 2 of Part 8 of the Equal Opportunity Act 2010, or could more appropriately be the subject of such a proceeding. Thus the Act acknowledges that equal opportunity proceedings may be the appropriate forum for certain employment grievances involving discrimination or equal opportunity issues.

Associations Incorporation Reform Act 2012

s 28(4)(b) was amended by the Associations Incorporation Reform Act 2012. The Act expressly allows Parliamentary officers to become members of incorporated associations within the meaning of that Act (s 28(4)(b)).

Fair Work and other federal amendments

The Table of Amendments records amendments by the Fair Work (Commonwealth Powers) Act 2009 and related Acts. The Act contains a transitional provision allowing matters begun under former Division 7 of Part 3 to be completed as if the Division remained in operation following repeal by federal/state adjustments (s 36).

Financial Management Regulations and previous Public Sector Management Regulations

s 34 applies parts of the Financial Management Regulations 2004 and Parts 11 and 12 of the Public Sector Management Regulations 1993, with modifications, until regulations under this Act are made. This transitional linkage imports existing procedural mechanisms for review and investigation into Parliamentary administration pending new regulations.

Other Acts expressly applied to Parliamentary officers

s 25 states Parliamentary officers are also subject to the provisions of any Act expressly applied to them by the Parliament, "whether before or after the commencement of this section." That preserves Parliament's capacity to extend statutory regimes to Parliamentary officers in future or to sustain existing applications.

Interpretation of Legislation Act 1984

Schedule and endnotes refer to interactions with the Interpretation of Legislation Act 1984 for style and interpretation rules. Schedule 1 also ensures continuity of references from the former Parliamentary Officers Act 1975 to the new Act where necessary.

Practical interaction effects

The Act embeds its own review mechanisms but explicitly integrates the VPS Commission and standards under the Public Administration Act 2004, creating a hybrid supervisory framework where internal Department Head decision-making is subject to external standards and potential referral to the VPS Commission pursuant to regulations (s 19(3)(e)-(g)). Investigations into financial loss are to be regulated and, until new regulations are made, are governed by Financial Management Regulations (s 34(2)). Electorate officers are expressly exempted from the Public Administration Act (s 30(3)), but s 30A preserves recognition of service continuity if an electorate officer later becomes a public sector employee under the Public Administration Act.

The Act has been amended on multiple occasions; the endnotes list the amending Acts and indicate affected sections or the nature of changes. The Table of Amendments in the provided text identifies the major amending Acts, their assent dates and where they affected the Parliamentary Administration Act 2005. Key entries from the Table of Amendments are:

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 (Assent 10 October 2006). The 2006 Act made amendments (noted at s 5, s 6(1) etc in the Act text by notation). Specific repeals and insertions in the early provisions (for example, s 1 and s 3) are annotated in the version text. The 2006 Act also inserted Pt 3 Div 7 which was later repealed.
Fair Work (Commonwealth Powers) Act 2009, No. 24/2009 (Assent 17 June 2009). Commencement of parts occurred 1 July 2009. The Table signals changes associated with the Fair Work amendments, including repeal of Division 7 of Part 3 (transitional s 36 deals with applications begun under that Division) (see s 36).
Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009 (Assent 1 December 2009). Section 16 (referred to in the main text) was commenced on 1 January 2010.
Equal Opportunity Act 2010, No. 16/2010 (Assent 27 April 2010). Section 209 of Schedule item 5 effected a change commencing 1 August 2011, reflected in s 19(3)(a)(v)-(vi) which refers to Division 2 of Part 8 of the Equal Opportunity Act as an exclusion for review entitlement.
Associations Incorporation Reform Act 2012, No. 20/2012 (Assent 1 May 2012). The amendment appears as an insertion/amendment to s 28(4)(b), allowing members to be members of incorporated associations under the 2012 Act.
Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013 (Assent 18 June 2013). Commenced 1 July 2013 for certain sections and resulted in amendments to s 4 (definitions), s 30, s 31 and other provisions as annotated in the text.
Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014 (Assent 11 February 2014). This Act amends s 19 and related references to review processes and the transfer of roles to the Victorian Public Sector Commission; the amendments commenced 1 April 2014.
Parliamentary Budget Officer Act 2017, No. 27/2017 (Assent 27 June 2017). Commenced 1 July 2017 for listed sections. This Act introduced the Parliamentary Budget Office concepts and defined the Parliamentary Budget Officer in s 4 and added Division 2A (ss 17A-17C).
Oaths and Affirmations Act 2018, No. 6/2018 (Assent 27 February 2018). Commenced 1 March 2019 for certain schedule items; it amended s 15(4) to permit members of a Board of Inquiry to receive and examine evidence on oath or by affirmation.
Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019 (Assent 19 March 2019). Commenced March and September 2019 for relevant provisions, and introduced s 30(5)-(6) prohibiting electorate officers being directed to perform "party specific activity" (see s 30(6) definition), and amended the definition of "third party" (s 4) under s 81(3) which came into operation on 16 September 2019.

Transitional provisions and repeals

The Schedule 1 transitional provisions preserve continuity for persons employed under the former Parliamentary Officers Act 1975 (Schedule 1, cll 2-7). Section 36 provides for continuation of matters under the repealed Division 7 of Part 3 in certain circumstances (inserted by No. 24/2009 s 40).

Commencement timing

The Act's endnotes state the Act was assented to on 24 May 2005 and that certain sections had different commencement dates: s 50 deemed to have come into operation 21 December 2004; ss 1, 2, 38, 39, 42 and the commencement section came into operation on 25 May 2005; the rest of the Act came into operation 1 July 2005 (s 2).

What the amendments changed (mechanically)

The 2017 Parliamentary Budget Officer Act added the Parliamentary Budget Office and made the Parliamentary Budget Officer functionally equivalent to a Department Head in respect of that Office, but carved out certain Division 2 provisions (s 17C).
The 2019 amendments proscribed party-specific activity for electorate officers and adjusted definitions.
The 2014 amendments shifted some review responsibilities to the Victorian Public Sector Commission and updated references to the Public Administration Act standards.
The 2018 Oaths and Affirmations Act clarified evidentiary formalities for Board of Inquiry members (s 15(4)).

The Table of Amendments in the source is the authoritative list of amending Acts reflected in the incorporated version; practitioners should check the most recent consolidated version for any further amendments post-dating 16 September 2019.

The text provided does not list any judicial decisions or litigation concerning the Parliamentary Administration Act 2005. The Act itself contains no case citations and its endnotes do not reference any reported cases. Therefore, within the source supplied, there is no recorded litigation history or appellate treatment to cite.

Procedural and judicial review pathways implicit in the Act

The Act creates internal and regulated review processes for employment actions (s 19) and mandates that reviews adhere to regulations and standards under the Public Administration Act 2004. Where regulations permit referral to the Victorian Public Sector Commission, the Commission gains powers to require documents and interview officers (s 19(3)(f)-(g)).
Boards of Inquiry must observe rules of evidence and natural justice (s 15(3)(b)). That statutory prescription creates a pathway for judicial review where a Department Head or officer alleges procedural unfairness or denial of natural justice in a Board of Inquiry hearing, or where a review mechanism has failed to comply with statutory requirements. The source, however, contains no reported instances of such judicial review.

Potential legal issues that commonly arise (based on the Act’s text)

Tension between s 12 (responsibility to Presiding Officer) and s 13 (duty to act independently in employment matters) could give rise to disputes about whether a Department Head has been unlawfully subjected to direction or interference by a Presiding Officer. The Act frames the duty in statutory terms; a dispute about its proper application would likely engage statutory interpretation and possibly judicial review principles if the Department Head seeks relief.
The non-binding nature of review recommendations (s 20(1)-(3)) could raise questions about the legal remedies available where an adverse employment decision results despite an adverse finding by the reviewer; the Act requires written reasons be provided if recommendations are not adopted within set timeframes (s 20(3)). Litigation could arise if procedural requirements for reviews or the provision of reasons are not met.
Recovery of overpayments (s 26) and liability for loss (s 27) create financial enforcement pathways which could be the subject of dispute as to whether the overpayment was indeed not entitled, whether deductions comply with the statutory cap, and whether the officer should be relieved of liability under s 26(6).

Absence of case law in the source

As the supplied material does not include reported cases, practitioners should conduct a separate case-law search (for example, via AustLII, Victorian Law Reports or other services) to identify any judicial authority construing the Act, especially on the interaction between Presiding Officer direction and s 13 independence, the scope of review rights, or the validity of Board of Inquiry processes.

The Act contains several provisions where the mechanical operation or textual tensions can produce practical surprises for employers, officers and advisers. Below are specific "gotchas" grounded in the text, with cross-references.

Independence versus responsibility

Tension between s 12 and s 13: Department Heads are "responsible to the relevant Presiding Officer" for general conduct and management (s 12), yet s 13(1) states a Department Head "is not subject to direction in relation to the exercise of his or her employer powers referred to in section 18 in respect of any individual but must act independently." The Act preserves both obligations (s 13(2) notes s 13 operates despite s 12), but does not prescribe how conflicts are to be resolved. Practically, this can create uncertainty where Presiding Officers seek to influence employment decisions that Department Heads consider within their independent remit. The Act frames this as a statutory duty rather than prescribing remedies.

Review recommendations are not binding

s 20(1) makes explicit that persons or bodies conducting reviews (including the Victorian Public Sector Commission) may make recommendations but have no power to make binding decisions. That means adverse review findings do not automatically alter Department Head decisions; Department Heads retain decision-making control and may lawfully decline to implement recommendations, though they must provide reasons if they do not implement within 14 days (s 20(3)). The practical effect is that review outcomes are persuasive rather than determinative.

Limits on salary deductions for overpayments, with exceptions

Salary deductions to recover overpayments are capped at one tenth of salary (s 26(4)). However, s 26(8) provides that this cap does not apply where an overpayment remains at the date the officer ceases employment. Thus an officer who leaves with an outstanding overpayment may face larger immediate recoveries, including full recovery. Also, s 26(6) permits the relevant Presiding Officer to relieve liability "in his or her absolute discretion",that relief is not constrained in the statute.

Non-justiciable values but regulatory effect

The s 5 workplace values are expressly not intended to create a private cause of action (s 5(3)(a)). Nevertheless, Department Heads must promote those values (s 5(2)) and employment processes must be consistent with the employment principles (s 6). The practical effect is that values function as managerial and cultural obligations rather than enforceable legal rights.

Penalties: two different maxima in the same section

s 33(1)(c)-(d) empower regulations to impose disciplinary penalties that "may include fines (not exceeding 40 penalty units)" while s 33(3)(f) allows regulations to impose a penalty not exceeding 20 penalty units for contraventions of the regulations. The coexistence of these maxima could generate drafting or enforcement complexity when regulations specify penalties under different heads. Practitioners should review the regulations themselves to see how the maxima are allocated.

Electorate officers not subject to Public Administration Act but with continuity protections

s 30(3) states the Public Administration Act 2004 "does not apply to a person employed under this Part" (electorate officers). Yet s 30A recognises that service as an electorate officer is to be recognised for continuity of entitlements if the person becomes a public sector employee or ministerial staffer within 12 months, unless the entitlement was paid out. Practically, electorate officers operate under a different statutory regime but retain certain protections if they later move into public sector employment.

Retirement age

A Parliamentary officer may retire on reaching age 55 (s 18(4)). That is a defined retirement age in the Act and may differ from other public sector retirement norms; practitioners must align contract terms and superannuation arrangements accordingly.

Board of Inquiry composition and political nominations

s 15(2) prescribes Board of Inquiry membership including the Attorney‑General or nominee and members nominated by the Premier, the Leader of the Opposition and the Leader of the third party. This explicit political nomination mechanism is part of the statutory design; practitioners should note that Boards are political in composition by statute, though subject to rules of natural justice and evidence (s 15(3)(b)-(c)).

Parliament can apply other Acts

s 25 preserves Parliament's capacity to apply any Act to Parliamentary officers by express provision. That means employment conditions can be affected by other legislation that Parliament chooses to apply.

Delegation limits

s 32 allows the President and Speaker to delegate many functions but excludes the power to recommend appointments of certain clerks, and excludes the power under s 33 to recommend regulations. Department Heads can delegate functions but cannot sub-delegate functions delegated to them under s 32(4). Lawyers should watch delegation instruments for compliance with statutory exclusions.

Regulatory detail matters

s 34 imports transitional regulations from earlier Public Sector Management Regulations and Financial Management Regulations until new regulations are made. Many procedural aspects (discipline, investigation, review) depend on the content of regulations. The Act sets broad parameters but leaves a significant body of operational detail to subordinate instruments. Practitioners must check current regulations.

Restrictions on outside work with managerial discretion

Permission may be given for outside work but may be withdrawn by notice in writing (s 28(3)). The test for part-time officers is subjective (opinion of relevant Presiding Officer or appropriate Department Head as to conflict with proper performance) (s 28(2)), which creates scope for discretionary denial or withdrawal.

No private cause of action for values; statutory discretion for relief from overpayment

s 5(3)(a) removes the ability to bring civil claims based on the statutory values. Conversely, s 26(6) gives Presiding Officers absolute discretion to relieve liability for overpayments; there is no statutory standard to guide that discretion.

This section provides a practical checklist for Department Heads, Presiding Officers, Parliamentary officers, electorate officers and in-house counsel or HR advisers. Each compliance action is grounded in the Act's operative provisions.

For Department Heads (ss 12-13; s 18)

Adopt and promote the statutory values (s 5(2)): prepare a written statement of departmental values that is consistent with s 5 and implement training and reporting mechanisms that demonstrate promotion of responsiveness, integrity, impartiality, accountability, respect and leadership.
Establish employment processes aligned with s 6: create documented recruitment, promotion and performance processes that evidence merit, fairness, equal opportunity and reasonable avenues of redress. Ensure these processes refer to and comply with any regulations made under the Act and standards under s 62 of the Public Administration Act 2004 (s 19(1)).
Exercise employer powers independently (s 13): maintain records showing independent exercise of decisions concerning individual employment matters. Where Presiding Officers seek involvement, record the legal basis and reason for any direction and the steps taken to preserve statutory independence.
Ensure lawful instructions and documentation when assigning work, setting remuneration, authorising leave, secondments, transfers and suspensions (s 18(2)). Maintain written decisions and reasons, particularly for adverse actions, and evidence of compliance with departmental processes.
If financial loss or misconduct is suspected, follow s 27: direct an investigation in accordance with regulations and obtain an investigation report before seeking recovery. Comply with any procedural requirements to appoint investigators under regulations (s 27(4)).

For Presiding Officers (ss 8, 9, 10, 14, 26)

Follow statutory appointment procedures: recommendations to the Governor in Council for appointments (ss 8-11) must be recorded and legally supported. Contracts for the Secretary of the Department of Parliamentary Services must be written, signed and limited to four-year terms (s 11(1)-(6)).
Use suspension/reporting powers under s 14 with procedural care: if forming the opinion that a Department Head is unfit, ensure the report to Governor in Council and any suspension comply with s 14 and be prepared to institute a Board of Inquiry under s 15 if charges are not admitted.
Exercise discretion on overpayment recovery (s 26): consider officers’ repayment proposals and financial circumstances before ordering salary deductions. Observe the statutory cap of one-tenth of salary for deductions and the exception at cessation. Use s 26(6) where appropriate to relieve liability in whole or part.

For Parliamentary officers generally (ss 18-20, 23, 26-29)

Know your review rights: if you are subject to an employment action, ascertain applicable regulations implementing s 19 and whether the matter is reviewable. Seek an initial departmental review as required by regulations; note that for promotions or appointments the grounds for review may be limited to a "significant deficiency" unless regulations provide otherwise (s 19(2)).
Preserve records and seek timely review: comply with time limits in regulations for applying for reviews, and keep copies of merit criteria and selection documentation to support any claim of procedural deficiency (s 19(3)(a)(iv)).
Be aware of restrictions on outside work (s 28): full‑time officers should avoid other paid employment or business unless express written permission is obtained; part-time officers should seek approval where outside work could conflict with duties.
If facing allegations of gross negligence or misconduct linked to financial loss, engage with the investigation process and seek particulars of the investigator and the applicable regulation (s 27(3)-(4)). Consider legal representation where appropriate.

For electorate officers and members (s 30, s 30A)

Members nominating electorate officers should ensure the written agreement with presiding officers (s 30(2)) and be aware that they may not direct the officer to undertake party-specific activity (s 30(5)-(6)). HR and legal teams should incorporate the definition of "party specific activity" into role descriptions and instructions.
Electorate officers should understand they are not subject to the Public Administration Act 2004 (s 30(3)) but that continuity of service for certain entitlements may be recognised if they join the public sector within 12 months (s 30A).

For investigations and Boards of Inquiry (ss 14-17, s 15(3)-(5))

Prepare for Board of Inquiry processes: if a Department Head is reported under s 14 and does not admit charges, expect a Board of Inquiry constituted as s 15(2) requires. Boards must be conducted with adherence to rules of evidence and natural justice (s 15(3)(b)) and Department Heads are entitled to legal representation (s 15(5)). Ensure evidence can be given on oath or affirmation (s 15(4) as amended).
Maintain contemporaneous records and ensure decisions on suspension and referral are documented to withstand procedural scrutiny.

Regulations and delegated instruments (s 33, s 32)

Monitor the regulations made under the Act: much operational detail is delegated to regulations, including review processes, disciplinary procedures, investigation procedures and penalties (s 33). HR and policy teams must ensure policies and instruments align with regulations and that any delegation instruments comply with s 32’s delegatory limits and exclusions.
Where delegations are made, ensure instruments comply with s 32(1)-(4) and that Department Heads do not attempt to sub‑delegate functions that s 32 prohibits.

Financial controls (s 26-27, s 34)

For payroll and finance officers, implement processes to identify overpayments, advise affected officers promptly and develop repayment plans that respect the statutory deduction cap and presiding officer discretion (s 26(3)-(7)). Where investigations into loss are required, follow the procedures specified in regulations and, until new regulations are made, apply the transitional Financial Management Regulations as modified by s 34(2).

Recordkeeping and transparency (s 5, s 6, s 20)

Keep records of how values are promoted and how employment processes meet merit and fairness criteria. If a review report contains recommendations, and a Department Head chooses not to adopt them within 14 days, the Department Head must provide a written statement of reasons to the VPS Commission and affected persons within a further 14 days (s 20(3)); keep copies and evidence of compliance.

Policy review and legal liaison

Given the Act’s reliance on regulations and external standards, maintain liaison lines with legal counsel and the Victorian Public Sector Commission to ensure departmental policies remain current with regulatory changes and Public Administration Act standards referenced in s 19(1).

Practical checklist (concrete steps)

Draft and publish a departmental values statement aligned with s 5.
Draft documented recruitment, promotion and discipline policies consistent with s 6 and ready to be applied under s 18.
Maintain written contracts for the Secretary limited to four-year terms as required by s 11(3).
Implement payroll systems configured to manage overpayment recoveries with statutory caps and to allow Presiding Officer remission decisions.
Maintain templates for suspension notices, reporting to Governor in Council and Board of Inquiry files that comply with s 14-16.
For electorate officers, ensure written agreements reflect the prohibition on party-specific activities (s 30(5)-(6)).

Keep a regulatory watch

Because the Act delegates substantial detail to regulations, compliance depends on the actual regulations in force at any time. Regularly review the regulations made under s 33 and any standards issued under the Public Administration Act 2004 referenced in s 19(1).

Parliamentary Administration Act 2005

Plain English Summary

Deep Dive

What it does

Current sections

Parliamentary Administration Act 2005

Source text: opening excerpt

1 Parliamentary Administration Act 2005

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply