Legislation Impinging on Parliament
| ANNUAL REPORTS (DEPARTMENTS) ACT 1985 S 13 Presentation of annual reports of departments to Parliament or to the Clerks of both Houses if Parliament is not sitting. Reports presented when the Parliament is not sitting are deemed to have been laid before the House and printed by authority of the Clerk. Receipt of the report is recorded in the Votes and Proceedings of the Legislative Assembly and Minutes of the Proceedings of the Legislative Council on the first sitting day after receipt of the report. S 19 Reference of matters relating to the annual reports of Departments or any proposal to amend the Act or make a regulation under the Act to the Public Accounts Committee by the Treasurer. ANNUAL REPORTS (STATUTORY BODIES) ACT 1984 S 11 Presentation of annual reports to Parliament or to the clerks of both Houses if Parliament is not sitting. Reports presented when the Parliament is not sitting are deemed to have been laid before the House and printed by authority of the Clerk. Receipt of the report is recorded in the Votes and Proceedings of the Legislative Assembly and Minutes of the Proceedings of the Legislative Council on the first sitting day after receipt of the report. S 12A Presentation of annual report of the Audit Office to the Legislative Assembly or to the Clerk of the Legislative Assembly if it is not sitting. A report presented when the House is not sitting is deemed to have been lais before the Legislative Assembly and printed by authority of the Clerk. Receipt of the report is recorded in the Votes and Proceedings on the first sitting day after receipt of the report. S 16 Reference of matters relating to the annual reports of statutory bodies or any proposal to amend the Act or make a regulation under the Act to the Public Accounts Committee by the Treasurer. ANTI-DISCRIMINATION ACT 1977 S 22B It is unlawful for a member of Parliament to sexually harass a workplace participant or another member of Parliament and it is unlawful for a workplace participant to harass a member of Parliament. S 74 Members of Parliament not eligible for appointment to the board. S 75 Board seat deemed vacated if member nominates for Parliament. CHARLES STURT UNIVERSITY ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 SS 187 & 188 Furnishing of annual and special reports to the Presiding Officers. S 190 Reports furnished to Presiding Officers to be tabled within 15 sitting days. Documents presented may be made public whether or not Parliament is sitting if they contain a recommendation that they be made public. Any report made public attracts the same privileges and immunities as if it had been laid before the House. (Note: This Act does not appear to authorise the Clerks to receive and publish reports on behalf of the Presiding Officer.) COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 S 3 Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. SS 23 & 24 Furnishing of annual and special reports to the Presiding Officers. S 26 Reports furnished to Presiding Officers to be tabled within 15 sitting days. Documents presented may be made public whether or not Parliament is sitting if they contain a recommendation that they be made public. Any report made public attracts the same privileges and immunities as if it had been laid before the House. (Note: This Act does not appear to authorise the Clerks to receive and publish reports on behalf of the Presiding Officer.) SS 27, 28 and 29 Establishment, functions and membership of joint parliamentary committee on Children and Young People. SCHEDULE 1 vacancies, chair and deputy chair, procedures and reporting of joint committee. CONSTITUTION ACT 1902 - the principal Act governing the Parliament Important provisions for the Legislative Assembly include: S 5 Power of the Parliament to make laws for the peace, welfare and good government of New South Wales. S 14A Disclosure of Pecuniary Interests and other Matters by Members. S 15 Authority to make standing orders for approval by the Governor for the conduct of proceedings in the House. S 25 Number of members of the Legislative Assembly is 93. S 31 Constitutional recognition of the Speaker as the Independent and impartial representative of the Legislative Assembly. Provision for the Speaker to participate in debate or discussion and vote on any question wheich arises in the House, when not presiding in the Chair. CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001 SCHEDULE 2 The office of a member of the Tribunal becomes vacant if the member is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth. CROWN LANDS ACT 1989 S 84 A dedication of Crown land for a public purpose may be revoked. Notice of the proposed revocation must be tabled in each House within 10 sitting days after its publication in the Gazette and may be disallowed if a notice to disallow the revocation is given within 14 sitting days. DEFAMATION ACT 2005 S 27 Provides absolute privilege for any matter published in the course of the proceedings of a parliamentary body. This includes: publication of a document by order, or under the authority, of the body; publication of the debates and proceedings of the body by or under the authority of the body or any law; the publication of matter while giving evidence before the body; and the publication of matter while presenting or submitting a document to the body. S 28 Provides a defence of qualified privilege for defamatory material published in a public document. A public document is defined to include "any report or paper published by a parliamentary body, or a record of votes, debates or other proceedings relating to a parliamentary body. DIRECTOR OF PUBLIC PROSECUTIONS ACT 1986 S 4A Committee on the Office of the Ombudsman (under ss 31BA and 31H of the Ombudsman Act 1974) may veto appointment of the Director. SCHEDULE 1 Members of Parliament ineligible for appointment as senior officers. ELECTION FUNDING ACT 1981 EVIDENCE ACT 1995 S 10 Parliamentary privilege preserved S 15 Member of any Parliament can’t be compelled to attend court if the House, or a parliamentary committee, of which he or she is a member is sitting. FORESTRY ACT 1916 S 19 A dedication of State forest may be revoked on a resolution being passed by both Houses that such proposals be carried out (the proposal having been tabled). FORESTRY AND NATIONAL PARK ESTATE ACT 1998 S 21 Reports and documents furnished to Presiding Officers to be tabled within 15 sitting days. If the House is in recess the Presiding Officer is to make the document public as soon as practicable and any document made public attracts the same privileges and immunities as if it had been laid before that House. For the purposes of tabling reports and documents Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. FREEDOM OF INFORMATION ACT 1989 S 7 Both Houses of Parliament and its committees exempt from Act. S 8 Members of Parliament and committee members not included as public office holders under the Act. GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL ACT 1980 S 4 Employees under control of the Presiding Officers covered by Act and Presiding Officers deemed to be employers. HEALTH CARE COMPLAINTS ACT 1993 S 63 Special report made to the Presiding Officer of each House of Parliament and laid before each House by the end of the next sitting day after receipt. Documents presented must be made public whether or not Parliament is sitting if they contain a recommendation that they be made public. Any document made public attracts the same privileges and immunities as if it had been laid before that House.For the purposes of tabling documents Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. PART 4 (S 64 to S 74) Establishment, functions, membership, procedure and reporting of Joint Parliamentary Committee on the Health Care Complaints Commission. IMPERIAL ACTS APPLICATION ACT 1969 SCHEDULE 2 Provides for Article 9 of the Bill of Rights 1688 to be in force in New South Wales. INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 S 3 Members and employees of Parliament defined as public officials for purposes of Act. S 5A Joint Committee on the Independent Commission Against Corruption (under ss 64A & 70 this Act) may veto appointment of the Commissioner. S 9 Not corrupt conduct in the case of conduct of a Minister or a member of Parliament unless it is a substantial breach of an applicable code of conduct. PART 7 (S 63 to S 72) Establishment, functions, membership, procedure and reporting of Joint Parliamentary Committee on the Independent Commission Against Corruption. PART 7A provides for each House to appoint a committee to carry out work related to the ethical standards of members of Parliament. S 78 Reports furnished to Presiding Officers to be tabled within 15 sitting days. Documents presented may be published whether or not Parliament is sitting if they contain a recommendation that they be made public. Any document made public attracts the same privileges and immunities as if it had been laid before that House. For the purposes of tabling documents Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. S 79 Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. SCHEDULE 1 Members of Parliament ineligible to serve as Commissioner or Assistant Commissioner. SCHEDULE 1A Members of parliament ineligible to serve as Inspector of the ICAC. INTERPRETATION ACT 1987 S 21 “Government Printer” means the Government Printer of New South Wales, and includes any other person authorised by or on behalf of the Government to print any Act or instrument or other document. SS 39, 40, 41 Standing orders not statutory rules for purposes of these sections. S 41 Either House of Parliament may pass a resolution disallowing a statutory rule. JURY ACT 1977 S 6 & SCHEDULE 2 Members of Parliament and staff of the Parliament ineligible for Jury service. LAW AND JUSTICE FOUNDATION ACT 2000 SCHEDULE 1 Attorney General to appoint members to the Board of the Law and Justice Foundation one of whom is a person nominated by the Leader of the Opposition in the Legislative Assembly.. LEGISLATION REVIEW ACT 1987 PART 2 Constitution and Procedure of Legislation Review Committee: S 5 Membership of the Committee. S 8 Procedure of the Committee. PART 3 Functions of the Committee: S 8A Functions with respect to Bills
- makes rights liberties or obligations undult dependent upon insufficiently defined administrative powers, or - makes rights, liberties or obligations unduly dependent upon non-reviewable decisions, or - inappropriately delegates legislative powers, or - insufficiently subjects the exercise of legislative power to parliamentary scrutiny. S 9 Functions with respect to regulations:
S 11 Evidence and committee powers S 12 Confidentiality including penalties (which also apply to committee members) for disclosing confidential evidence. MACQUARIE UNIVERSITY ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. OMBUDSMAN ACT 1974 S 5A Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. S 6 Members of Parliament not eligible to be Ombudsman. S 6A Committee on the Office of the Ombudsman and the Police Integrity Commission (under ss 31BA & 31H of this Act) may veto appointment of the Ombudsman. S 31AA Reports furnished to Presiding Officers to be tabled next sitting day. Documents presented may be published whether or not Parliament is sitting if they contain a recommendation that they be made public. Any document made public attracts the same privileges and immunities as if it had been laid before that House. PART 4A (S 31A to 31J) Establishment, functions, membership, procedure and reporting of Joint Committee on the Office of the Ombudsman and the Police Integrity Commission. PARKING SPACE LEVY ACT 1992 S 17 Members of Parliament and parliamentary staff to pay parking levy commensurate with their use of a parking space in conjunction with travel to work. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION ACT 1971 S 4 Act not be to amended unless a certificate approving the amendment has been first issued by the Parliamentary Remuneration Tribunal. S 14 Two members of the Legislative Council and five members of the Legislative Assembly to be trustees of the Fund. PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 PARLIAMENTARY EVIDENCE ACT 1901 An Act to consolidate the law relating to the summoning, attendance, and examination of witnesses before either House of Parliament or parliamentary committees. PARLIAMENTARY PAPERS (SUPPLEMENTARY PROVISIONS) ACT 1975 S 4 Publication of Parliamentary papers by House or committee. S 5 Authority to Government Printer to publish (see also s 21 of the Interpretation Act 1987). S 6 Defence to proceedings brought in respect of publication of Parliamentary papers. S 7 Proceedings for defamation. S 8 Parliamentary privileges not affected. PARLIAMENTARY PRECINCTS ACT 1997 S 4 “Presiding Officer” and “Presiding Officers” defined. Functions conferred on both may be exercised by either in accordance with arrangements entered into between them or in accordance with usage. S 5 “Authorised Officer” includes Presiding Officers and parliamentary officers authorised by the Presiding Officers and police acting under specific authorisation or a Memorandum of Understanding. Authorisations may be conditional, may be amended or revoked and continue in force after person giving it leaves office. S 6 & SCHEDULE 1 Parliamentary Precincts defined. SS 7 & 8 Precincts put under control of Presiding Officers and vested in Corporation. SS 9, 10 & 11 Corporation may grant Leases, Licences, Easements and installation and maintenance of other buildings/equipment. S 12 Other premises may be treated as included in Parliamentary Precincts by resolution of both Houses. PART 3 (S 14 to S 17) Parliamentary zone defined and arrangements for security with police and neighbours. PART 4 (S 18 to S 25) Directions and removal of persons by authorised officers. Includes penalties for non-compliance. S 26 Powers, privileges and immunities of Parliament not undermined by Act. S 27 Presiding Officers may enter into Memorandum of Understanding with Commissioner of Police regarding exercise by police of functions under this Act. PARLIAMENTARY REMUNERATION ACT 1989 S 4 Basic salary is salary of a Member of the House of Representatives less $500 pa. S 6 Office holders may be paid additional salary and allowances (calculated annually to nearest dollar). S 16 Term of office from day of election to death, seat becomes vacant (except by dissolution or expiration of Assembly) or date of next election. POLICE INTEGRITY COMMISSION ACT 1996 S 4 Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. S 7 & SCHEDULE Members of Parliament not eligible to be commissioner. S 95 Prescribes functions for the Joint Committee on the Office of the Ombudsman and Police Integrity Commission. S 95(3) Committee on the Office of the Ombudsman and the Police Integrity Commission (under ss 31BA & 31H of the Ombudsman Act 1974) may veto appointment of the Commissioner of the Police Integrity Commission and the Inspector of the Police Integrity Commission. SS 96 & 98 Commission to furnish reports to Presiding Officers and may furnish special reports. SS 101 & 102 Inspector of PIC to furnish annual and special reports to Presiding Officers. S 103 Reports furnished to Presiding Officers to be tabled within 15 sitting days. Documents presented may be published whether or not Parliament is sitting if they contain a recommendation that they be made public. Any document made public attracts the same privileges and immunities as if it had been laid before that House. PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 S 3 Public sector official includes parliamentary officers in this Act. S 60 Privacy Advisory Committee to include members of Parliament nominated by the Minister and Leader of the Opposition (1 each). S 65 Special reports to Parliament furnished to Presiding Officers to be tabled next sitting day. Documents presented may be published whether or not Parliament is sitting if they contain a recommendation that they be made public. Any document made public attracts the same privileges and immunities as if it had been laid before that House. Presiding Officers means Clerks of respective Houses if Presiding Officer vacant. PUBLIC FINANCE AND AUDIT ACT 1983 S 28A Public Accounts Committee (under ss 57A & 58 this Act) may veto appointment of the Auditor-General. S 48A A review of the Auditor-General’s Office is to be conducted every three years by a person (the reviewer) appointed by the Public Accounts Committee. PART 4 (S 53 to S 58) Establishment, functions, membership, procedure and reporting of Public Accounts Committee. SS 38E, 52A, 52B & 63C If the House is not sitting reports of special audits (s 38E), the Auditor-General’s annual report (s 52A) and special reports (s 52B) may be presented to the Clerk of the Legislative Assembly. Such reports are deemed to be tabled and are to be printed and published (s. 63C). PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 S 4 Act does not apply to Parliament. PUBLIC WORKS ACT 1912 PART 2 Provides for the establishment of a Parliamentary Standing Committee on Public Works DIVISION 1 Constitution of and general provisions relating to the Committee DIVISION 2 Powers of the Committee DIVISION 3 Sectional committee DIVISION 4 Committee's remuneration NB: The Parliament has not appointed this committee in recent years choosing instead to appoint a Committee of Members of the Legislative Assembly only by resolution of the House. ROYAL COMMISSIONS ACT 1923 S 14B If Parliament is not sitting, the Minister may present a report made by a commission to the Clerks. Such a report is deemed to have been tabled in each House and to be a document published under the authority of each House. Report must be recorded in the Minutes and the Votes and Proceedings on the next sitting day. SOUTHERN CROSS UNIVERSITY ACT 1993 S 10 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. STATE OWNED CORPORATIONS ACT 1989 S 27 If Parliament is not in session, Ministers and Auditor-General may present papers required to be presented to the Parliament to the Clerk of the Legislative Assembly who may, or must, depending on the paper, then publish the paper and record the paper in the Votes and Proceedings on the next sitting day of the House. S 28 Functions of the Public Accounts Committee include the examination of the financial statements of State owned corporations, and reports of the Auditor-General, laid before the Legislative Assembly. STATE RECORDS ACT 1998 S 69 One member of the Board of the State Records Authority is to be a member or officer of either House of Parliament nominated jointly by the President of the Legislative Council and the Speaker of the Legislative Assembly. STATUTORY AND OTHER OFFICES REMUNERATION ACT 1975 S 11 & SCHEDULE 2 Clerk and Deputy Clerk entitled to be paid salary and allowances that are calculated in such manner as are specified. SUBORDINATE LEGISLATION ACT 1989 S 13 If the Legislation Review Committee is not in office when material is required to be forwarded to it under section 5, the material is to be forwarded to a person nominated by the Clerk of the Legislative Assembly, for the attention of the Committee after its appointment. SYDNEY GRAMMAR SCHOOL ACT 1854 S 3 Speaker and President of the Legislative Council to be ex officio trustees of the school. SYDNEY WATER ACT 1994 S 16 Proposed amendment or substitution of an Operating Licence must be tabled in each House and is subject to notice of a disallowance motion for 15 sitting days before taking effect. S 32 & 33 Operational Audit reports by the Independent Pricing and Regulatory Tribunal must be presented to Parliament by the Minister. If the Parliament is not sitting, the Minister may furnish reports to the Clerk who may publish the paper and record the paper in the Votes and Proceedings on the next sitting day of the House. SYDNEY WATER CATCHMENT MANAGEMENT ACT 1998 S 32 & 33 Operational Audit reports by the Independent Pricing and Regulatory Tribunal must be presented to Parliament by the Minister. If the Parliament is not sitting, the Minister may furnish reports to the Clerk who may publish the paper and record the paper in the Votes and Proceedings on the next sitting day of the House. UNIVERSITY OF NEW ENGLAND ACT 1993 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. UNIVERSITY OF NEW SOUTH WALES ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. UNIVERSITY OF NEWCASTLE ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. UNIVERSITY OF SYDNEY ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Senate but only if the member is nominated by the Senate for appointment. UNIVERSITY OF TECHNOLOGY, SYDNEY, ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. UNIVERSITY OF WESTERN SYDNEY ACT 1997 S 12 Minister may appoint up to 2 members of Parliament to the University Board but only if the member is nominated by the Board for appointment. UNIVERSITY OF WOLLONGONG ACT 1989 S 9 Minister may appoint up to 2 members of Parliament to the University Council but only if the member is nominated by the Council for appointment. |
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