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Parliament of Queensland and Other Acts Amendment Bill 2012
Parliament of Queensland and Other Acts
Amendment Bill 2012
Explanatory Notes
Short title
The short title of the Bill is the Parliament of Queensland and Other Acts
Amendment Bill 2012.
Policy objectives and the reasons for them
The policy objectives of the Bill are to:-
· set formulae to determine the size of the membership of the
Parliament's portfolio committees so that they can practically and
logistically operate as the political composition between government
and non-government members in the Legislative Assembly changes;
· reform the Committee of the Legislative Assembly (CLA) by
including the position of Speaker as a member and chairperson of the
CLA for all of its areas of responsibility and outlining the
circumstances under which the Speaker may exercise a deliberative
vote at a meeting of the CLA;
· retitle the positions `Leader of the House' and `Parliamentary
Secretary' to `Manager of Government Business' and `Assistant
Minister' respectively; and
· make provision for the Governor in Council to fix by notice published
in the Queensland Government Gazette, the quantum of additional
salary that is payable to the positions of Manager of Government
Business, Chief Government Whip and Senior Government Whip
above the annual base salary of a Member of the Queensland
Legislative Assembly.
The State Election of March 2012 and the subsequent by-election in the
electorate of South Brisbane have resulted in a Legislative Assembly
consisting of 78 government members and 11 non-government members.
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Parliament of Queensland and Other Acts Amendment Bill 2012
Following the State Election, the Premier received advice from the Clerk of
the Parliament (the Clerk) that the practicality of the election result dictated
that the number of members and the balance of numbers between
government and non-government members on each of the Parliament's
portfolio committees should change so that they could logistically operate.
The Government accepted the Clerk's advice in this regard.
The Bill includes formulae to determine the size of the membership and
composition of government members and non-government members on
each portfolio committee dependent upon the composition of the
Legislative Assembly at that time.
The formulae also provide for how the committee's chairperson is
appointed, and the provisions for quorums and voting at meetings.
In 2011, the Parliament vested the management of the Parliamentary
Service with the CLA and the Clerk. The position of Speaker was not
included on the CLA when it was considering matters related to this area of
responsibility.
The Government believes that the Speaker should be involved with the
management of the Parliamentary Service. The Bill provides for the
inclusion of the Speaker on the CLA for all of its areas of responsibility,
and also provides that the Speaker will be the chairperson of the CLA.
The Speaker will preside over CLA meetings as chairperson in a similar
way that the Speaker presides over sittings of the Legislative Assembly.
The Bill provides that the Speaker will have a deliberative vote on a
question relating to a matter upon which the Speaker must be consulted
under section 6(3) of the Parliamentary Service Act 1988 (relating to a
matter affecting the Speaker), or the committee's area of responsibility
under section 84(c) (relating to the Standing Rules and Orders of the
Legislative Assembly), but that the Speaker will not have a deliberative
vote on any other question.
The Government has decided that the titles `Manager of Government
Business' and `Assistant Minister' better reflect the roles and functions
undertaken by the respective holders of the current positions `Leader of the
House' and `Parliamentary Secretary'. The Bill retitles these positions as
necessary in all relevant legislation.
Section 112 of the Act lists those office holders who are entitled to be paid
an additional salary above the base salary of a Member of the Legislative
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Parliament of Queensland and Other Acts Amendment Bill 2012
Assembly. These salaries are outlined in Schedule A of the Members'
Entitlements Handbook.
The Bill provides that the newly created positions of Manager of
Government Business, Chief Government Whip and Senior Government
Whip be included in this list as offices to which an additional salary can be
paid. The Bill provides that the quantum of the additional salary to be paid
will be fixed by Governor in Council by gazette notice.
Achievement of policy objectives
The Bill:-
· sets formulae to determine the size of the membership of the
Parliament's portfolio committees so that they can practically and
logistically operate as the political composition of the Legislative
Assembly changes;
· reforms the CLA by including the position of Speaker as a member
and chairperson of the CLA for all of its areas of responsibility and
outlining the circumstances under which the Speaker may exercise a
deliberative vote at a meeting of the CLA;
· retitles the positions `Leader of the House' and `Parliamentary
Secretary' to `Manager of Government Business' and `Assistant
Minister' respectively; and
· makes provision for the Governor in Council to fix by notice
published in the Queensland Government Gazette, the quantum of
additional salary that is payable to the positions of Manager of
Government Business, Chief Government Whip and Senior
Government Whip above the annual base salary of a Member of the
Queensland Legislative Assembly.
The Bill primarily amends the Constitution of Queensland 2001 and the
Parliament of Queensland Act 2001. Other consequential amendments will
be made to the:
· Crime and Misconduct Act 2001;
· Criminal Code Act 1899;
· Information Privacy Act 2009;
· Integrity Act 2009;
· Ministerial and Other Office Holder Staff Act 2010;
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Parliament of Queensland and Other Acts Amendment Bill 2012
· Public Interest Disclosure Act 2010;
· Public Records Act 2002; and
· Right to Information Act 2009.
Alternative ways of achieving policy objectives
There is no alternative method of achieving the policy objectives as each
objective requires the amendment of existing legislation.
Estimated cost for government implementation
The Bill will result in relatively minor costs given the additional salaries to
be provided to certain parliamentary office holders.
These funding matters will be dealt with as part of the 2012-13 Budget
process.
Consistency with fundamental legislative principles
The Bill is consistent with the fundamental legislative principles set out in
the Legislative Standards Act 1992.
Consultation
The Clerk of the Parliament has been consulted during the drafting of the
Bill.
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland.
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Parliament of Queensland and Other Acts Amendment Bill 2012
Notes on provisions
Part 1 Preliminary
Clause 1 sets out the short title of the Bill.
Part 2 Amendment of Constitution of
Queensland 2001
Clause 2 provides that Part 2 of the Bill amends the Constitution of
Queensland 2001.
Clause 3 amends the Chapter 2, part 4, division 2, heading of the
Constitution of Queensland 2001 by omitting a reference to `Parliamentary
Secretaries' and inserting a reference to `Assistant Ministers' in its stead.
Clause 4 amends section 24 of the Constitution of Queensland 2001 by
omitting references to `Parliamentary Secretaries' and `a Parliamentary
Secretary' and inserting references to `Assistant Ministers' and `an
Assistant Minister' respectively in their stead. The Clause also amends
section 24 of the Constitution of Queensland 2001 to remove any doubt by
declaring that an Assistant Minister is not a Minister of the State.
Clause 5 amends section 25 of the Constitution of Queensland 2001 by
omitting references to `Parliamentary Secretary' and `A Parliamentary
Secretary' and inserting references to `Assistant Minister' and `An
Assistant Minister' respectively in their stead.
Clause 6 amends section 26 of the Constitution of Queensland 2001 by
omitting references to `Parliamentary Secretary's', `a Parliamentary
Secretary', and `Parliamentary Secretary' and inserting references to
`Assistant Minister's', `an Assistant Minister', and `Assistant Minister'
respectively in their stead.
Clause 7 inserts a new Chapter 9, Part 1, heading into the Constitution of
Queensland 2001 that provides for certain transitional provisions outlined
in Clause 8.
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Parliament of Queensland and Other Acts Amendment Bill 2012
Clause 8 inserts a new Chapter 9, Part 2, into the Constitution of
Queensland 2001 to provide a transitional provision for the Parliament of
Queensland and Other Acts Amendment Act 2012.
The clause provides for the continuation of Parliamentary Secretaries
previously appointed to that position as Assistant Ministers. It also
provides that anything done under an Act by a Parliamentary Secretary
before the commencement of the Parliament of Queensland and Other Acts
Amendment Act 2012 may, if the context permits, be taken to have been
done under an Act by an Assistant Minister. The Clause also provides that a
reference in a document to a Parliamentary Secretary may, if the context
permits, be taken to be a reference to an Assistant Minister.
Part 3 Amendment of Parliament of
Queensland
Act 2001
Clause 9 provides that Part 3 of the Bill amends the Parliament of
Queensland Act 2001.
Clause 10 amends section 65 of the Parliament of Queensland Act 2001 by
omitting a reference to `a Parliamentary Secretary' and inserting a
reference to `an Assistant Minister' in its stead.
Clause 11 amends section 81 of the Parliament of Queensland Act 2001 by
omitting a reference to `Leader of the House' and inserting a reference to
`Manager of Government Business' in its stead.
The Clause also amends section 81 of the Parliament of Queensland Act
2001 to provide that the Speaker or alternate is a member of the Committee
of the Legislative Assembly.
Clause 12 amends section 82 of the Parliament of Queensland Act 2001 to
provide that the Speaker, rather than the Leader of the House is the
chairperson of the Committee of the Legislative Assembly.
Clause 13 amends section 83 of the Parliament of Queensland Act 2001 to
provide for how meetings of the Committee of the Legislative Assembly
take place.
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Parliament of Queensland and Other Acts Amendment Bill 2012
The Clause provides that the Manager of Government Business is
responsible for calling the meeting and setting the agenda.
The Clause provides that each member of the Committee of the Legislative
Assembly, other than the Speaker, has a vote on each question to be
decided.
The Clause provides that the Speaker has a deliberative vote on a question
if it relates to a matter on which the Speaker must be consulted under
section 6(3) of the Parliamentary Service Act 1988. This section provides
that the Speaker must be consulted by the CLA before deciding a matter
affecting the Speaker or the Legislative Assembly chamber.
The Clause provides that the Speaker retains a deliberative vote on a
question if it relates to the Committee of the Legislative Assembly's area of
responsibility under section 84(c) of the Parliament of Queensland Act
2001. This section relates to the Standing Rules and Orders of the
Legislative Assembly.
The Clause provides that the Speaker does not have a deliberative vote on
any other question that comes before the Committee of the Legislative
Assembly.
Clause 14 amends the Chapter 5, part 3, division 1, heading by omitting
reference to `and operation'.
Clause 15 omits section 88(2)(c) of the Parliament of Queensland Act 2001
as the number of members to be appointed to a portfolio committee are to
be provided for elsewhere in the Parliament of Queensland Act 2001 rather
than in the Standing Rules and Orders of the Legislative Assembly.
Clause 16 omits sections 89 to 91 of the Parliament of Queensland Act
2001 as the provisions for the membership, the chairperson, and the
quorum and voting at meetings of portfolio committees are to be provided
elsewhere in the Parliament of Queensland Act 2001.
Clause 17 renumbers the Chapter 5, part 3, division 2, heading of the
Parliament of Queensland Act 2001 to division 3, given the amendment
outlined in Clause 18.
Clause 18 inserts a new Chapter 5, part 3, division 2, into the Parliament of
Queensland Act 2001. The new division provides for the membership and
operation of portfolio committees according to the numbers of government
members and non-government members making up the membership of the
Legislative Assembly.
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Parliament of Queensland and Other Acts Amendment Bill 2012
The Clause provides four formulas to determine the membership and
operation of portfolio committees dependent upon the percentage of
non-government membership of the Legislative Assembly. Each formula
provides for the size of membership and the number of government
members and non-government members to be nominated by the Manager
of Government Business and Leader of the Opposition respectively,
together with provision for how the chairperson is appointed. Each formula
also provides the quorum and voting provisions to apply at meetings of the
portfolio committees.
Clause 19 amends section 103 of the Parliament of Queensland Act 2001
by omitting a reference to `Leader of the House' and inserting a reference
to `Manager of Government Business' in its stead.
Clause 20 amends section 104 of the Parliament of Queensland Act 2001
by omitting a reference to `Leader of the House' and inserting a reference
to `Manager of Government Business' in its stead.
Clause 21 amends section 112 of the Parliament of Queensland Act 2001
by inserting the offices of `Manager of Government Business', `Chief
Government Whip', `Senior Government Whip' and `Assistant Minister' as
offices entitled to an additional salary. The Clause also omits references to
the offices of `Leader of the House' and `Parliamentary Secretary' as these
offices will no longer exist. The clause also makes a minor drafting
amendment to clarify that there may be more than one government deputy
whip.
Clause 22 amends section 113 of the Parliament of Queensland Act 2001
by omitting a reference to `a Parliamentary Secretary' and inserting a
reference to `an Assistant Minister' in its stead.
Clause 23 amends section 114 of the Parliament of Queensland Act 2001
by omitting a reference to `a Parliamentary Secretary' and inserting a
reference to `an Assistant Minister' in its stead.
Clause 24 amends section 121 of the Parliament of Queensland Act 2001
by omitting references to `a Parliamentary Secretary' and `as Parliamentary
Secretary' and inserting references to `an Assistant Minister' and `as
Assistant Minister' respectively in their stead.
Clause 25 inserts a new Chapter 10, part 6 into the Parliament of
Queensland Act 2001 to provide for the payment of additional salary to
particular office holders.
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Parliament of Queensland and Other Acts Amendment Bill 2012
The Clause allows for the Manager of Government Business, the Chief
Government Whip and the Senior Government Whip to receive an
additional salary which will be fixed by the Governor in Council by gazette
notice, and provides that the gazette notice has retrospective operation from
30 March 2012 being the date that appointments were made to these
offices. Further, any future salary variations will occur through the
legislative mechanism as set out in section 115 of the Parliament of
Queensland Act 2001.
The Clause also allows for the continuation of the payment of an additional
salary to Assistant Ministers equivalent to the additional salary that the
member was entitled to as a Parliamentary Secretary immediately before
the commencement of the Parliament of Queensland and Other Acts
Amendment Act 2012.
Clause 26 inserts a number of definitions into the Schedule (Dictionary)
and omits the definition of Leader of the House as this office no longer
exists.
Part 4 Amendment of other Acts
Clause 27 outlines that the schedule in the Bill amends the Acts mentioned
in it.
Schedule Consequential amendments
Section 1 of the Schedule omits references to `Parliamentary Secretary'
(except in a reference to `a Parliamentary Secretary') and inserts references
to `Assistant Minister' in the provisions of the Acts so outlined.
Section 2 of the Schedule omits references to `a Parliamentary Secretary'
and inserts references to `an Assistant Minister' in the provisions of the
Acts so outlined.
Section 3 of the Schedule omits a reference to `A Parliamentary Secretary'
and inserts a reference to `An Assistant Minister' in section 18 of the
Integrity Act 2009.
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Parliament of Queensland and Other Acts Amendment Bill 2012
Section 4 of the Schedule omits a reference to `parliamentary secretary
staff member' and inserts a reference to `assistant minister staff member' in
schedule 2 of the Integrity Act 2009.
Section 5 of the Schedule omits references to `a parliamentary secretary
staff member' and inserts references to `an assistant minister staff member'
in the provisions of the Integrity Act 2009 so outlined.
Section 6 of the Schedule omits references to `Parliamentary Secretary's'
and inserts references to `Assistant Minister's' in the provision of the
Public Records Act 2002 so outlined.
Section 7 of the Schedule omits references to `Leader of the House' and
inserts references to `Manager of Government Business' in the provisions
of the Crime and Misconduct Act 2001 so outlined.
© State of Queensland 2012
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