© 2016 Office of the Legislative Assembly
Legislative Assembly for the Australian Capital Territory
Civic Square, London Circuit
Canberra ACT 2601
Australia
Telephone 6205 0439
Facsimile 6205 3106
Email
Web www.parliament.act.gov.au
Table of Contents
1 Message from the Clerk 1
2 Key contacts and links 2
Important links 2
Important contacts 3
3 The Assembly – General provisions relating to membership 6
The Legislative Assembly 6
Term of office 6
Resignation of members and office holders 6
Disqualification provisions 6
Eligibility to be an MLA 7
Privilege 8
Jury service and attendance before courts 8
Code of conduct 8
Ethics and Integrity Adviser 11
Commissioner for Standards 11
Pecuniary interest 11
Declaration of private interests 12
Receipt of gifts 12
4 Office of the Legislative Assembly 14
The Office 14
Clerk 14
Structure of the Office 14
5 Assembly procedures 16
Standing orders and continuing resolutions of the Assembly 16
Role of the Speaker 16
Days and hours of meeting 17
Routine of business 17
Legislation 23
Guidelines about the use of hand-held devices and social media 26
6 Committees 27
Committees and their membership 27
Types of committees 28
Committee Support 28
Committee rooms 29
Committee meetings 29
Conduct of meetings 29
Conduct of inquiries 30
Transcripts of public hearings and inquiry submissions 31
Reporting 32
Comprehensive guide 32
7 Hansard 33
Role of Hansard 33
Recording and transcription services 33
Hansard transcript types 33
Corrections to daily Hansard 34
Weekly Hansard 34
Bound volumes 35
Digest of Proceedings 35
Legislative Assembly transcripts 35
Databases 35
Transcripts of committee hearings 36
Committee transcripts 36
8 Broadcasting 38
Legislative Assembly (Broadcasting) Act 2001 38
Internal television reticulation 38
Assembly on Demand (AoD) web streaming service 38
9 Education services 39
Operation 39
Programs 39
Special events 39
Resources 40
Work experience and interns 40
Tours 40
Events and functions 41
10 Assembly building 42
Access and security 42
After hours emergencies 43
Duress alarm 44
Emergency procedures 44
Media interviews 44
Committee rooms 45
Reception room and exhibition area 46
Level 1 meeting room(s) 46
Speaker’s hospitality room 46
Carers’/rest room 46
First aid 46
Air conditioning, furniture, filing cabinets and cleaning 47
11 Library services 48
12 Working environment 50
Workplace injury prevention and management 50
Workplace discrimination, harassment and bullying 51
Respect, equity and diversity in the ACTPS 52
Employee Assistance Program 52
Workplace privacy 53
13 Members’ remuneration 54
General 54
Salary 54
Other 55
14 Superannuation 56
choice of fund accumulation scheme 56
15 Guidelines for non-executive members’ travel 57
Introduction 57
Travel on Assembly business 57
Travel on official business as an office holder 57
Managing travel bookings 58
Completion of a travel proposal form, endorsement and approval 58
Travelling allowance—within Australia 59
Cash advances 59
Class of air travel 59
Airline lounge membership 59
Use of private vehicle 59
Other means of travel 60
Incidental private/personal travel 60
Use of frequent flyer points 63
Travel insurance 63
Additional overnight absences for certain domestic travel proposals 64
Rest periods on overseas travel 65
Travel report published on the Assembly’s internet site 65
16 Guidelines for non-executive members’ employment of staff and consultants/contractors 66
Legislative Assembly (Members’ Staff) Act – the LAMS Act 66
Staff salary allocations 67
Procedures to employ staff 68
Requirement for attendance records to be maintained and lodged 68
Conditions of service – staff 68
Termination 69
Training and staff development 71
Procedures to engage consultants/contractors 72
17 Procedures and guidelines for the engagement of volunteers by non-executive members 75
Introduction 75
Scope 75
Volunteer expectations 75
Volunteer obligations and responsibilities 76
Members’ obligations and responsibilities 76
Requirement for a volunteer agreement 77
Volunteers not to perform the work of paid staff 77
Duration of volunteer agreements 77
Use of volunteers not permitted in the lead-up to Assembly elections 77
Termination of agreement 78
18 Office accommodation and facilities 79
Office facilities 79
Office equipment 80
IT equipment and facilities 82
Mail services 83
Newspapers 83
Business cards 84
Printing 84
Supply of office stationery 84
Media monitoring 85
Parking 85
Assembly art collection 86
Presentation of gifts 87
19 Guidelines on use of communications allowance and office support allowance by non-executive members 89
Communications allowance 89
Office Support Allocation (OSA) 90
Purpose 91
20 Guidelines for the provision of assistance to ACT ministers and members in relation to legal proceedings 94
Introduction 94
21 Pre-election advice for members and staff 95
Introduction 95
Summary 95
Members 96
Provision of office facilities and services 97
Office support allocation (OSA) 97
Members’ staff 98
Termination payments to staff 98
Restriction on re-employment 100
New staff contracts in a new Assembly 100
Members’ staff who contest the election (or assist with the campaigns of others) 100
Education events 102
Videos and photographs 102
Election advertising 102
Use of volunteers not permitted in the lead up to Assembly elections 102
22 Interparliamentary relations 104
Commonwealth Parliamentary Association (CPA) 104
Australasian Study of Parliament Group (ASPG) – ACT Chapter 108
i
1 Message from the Clerk
This members guide has been prepared by the Office of the Legislative Assembly (OLA) to provide advice and assistance to members, particularly new members, and their staff in relation to:
· the processes and procedures of the Assembly and its committees;
· the roles, functions and services of the Office of the Legislative Assembly;
· information about the workplace environment and the Assembly building; and
· members’ entitlements.
This guide is based on relevant legislative provisions, the standing orders and determinations of the ACT Remunerations Tribunal. It is updated periodically to reflect relevant changes.
The guide is not intended as a detailed examination of Assembly practice and procedure. For a comprehensive analysis of this area of interest members should refer to the Companion to the Standing Orders of the Legislative Assembly for the Australian Capital Territory, available on the Assembly website site.
Should there be changes to particular arrangements, these will be reflected in an updated guide, which will be circulated to members electronically.
This revision of the guide includes changes to the structure of the Office of the Legislative Assembly.
Tom Duncan
Clerk
27 October 2016
2 Key contacts and links
Important links
· OLA intranet (Note: The OLA intranet is currently under development and is expected to go live shortly after the first sitting of the 9th Assembly)
http://olaintranet.act.gov.au/
· Legislative Assembly website
www.parliament.act.gov.au
· Legislative Assembly standing orders
www.parliament.act.gov.au/in-the-assembly/standing_orders
· ACT Remuneration Tribunal
www.cmd.act.gov.au/governance/remtrib
· Australian Capital Territory (Self-Government) Act 1988 (Cwlth)
www.austlii.edu.au/au/legis/cth/consol_act/acta1988482.txt
· Companion to the Standing Orders for the Legislative Assembly for the Australian Capital Territory
www.parliament.act.gov.au/in-the-assembly/companion
· Australian Parliament
www.aph.gov.au
· House of Representatives Practice
www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice6
· Odgers’ Australian Senate Practice (Odgers)
www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/odgers13
· Commonwealth Parliamentary Association (CPA)
www.cpahq.org/
· Australasian Study of Parliament Group (ASPG)
www.aspg.org.au/
Important contacts
Contact[1] / Phone extension /Speaker’s Office / 50071
Office of the Clerk
Clerk / 50191
Director, Office of the Clerk / 50018
Clerk’s Executive Officer / 50449
Education and Engagement Officer / 53016
Parliamentary Support Branch
Deputy Clerk and Serjeant-at-Arms / 50171
Chamber Support inquiries / 50173
Manager, Committee Support / 50199
Clerk Assistant / 50557
Hansard Senior Editor / 50107
Assembly Librarian / 50395
Business Support Branch
General Manager / 50181
Chief Finance Officer / 50443
Manager, Broadcasting, Information and Technology / 50126
Manager, Security and Building Services / 75357
Manager, Entitlements and HR / 50150
Facilities Manager / 75517
IT Support Officer / 50249
Shared Services ICT helpdesk / 79000
Principal Attendant / 50445
2.1 A comprehensive phone list of Assembly members and staff is available at http://olaintranet.act.gov.au/contacts_list (Note: contacts will be updated shortly after the first sitting of the 9th Assembly).
2.2 The ACT Government contacts directory is available at http://actdirectory/.
Generic email contacts
2.3 To make general enquiries in relation to particular functions and services provided by the Office, members and staff are encouraged to use generic email addresses, which are regularly checked and accessible to more than one OLA staff member. This approach provides a measure of continuity so that queries can be responded to promptly even where a single member of staff happens to be unavailable at particular point in time.
Payroll /
HR and entitlements /
IT Support Officer /
Security and attendant services /
Room bookings /
Finance matters /
Education and engagement /
Hansard / #
Assembly Library /
Committee charged with scrutiny functions /
Standing Committee on Administration and Procedure /
Notice Paper /
Petitions /
Committees /
3 The Assembly – General provisions relating to membership
The Legislative Assembly
3.1 The Australian Capital Territory (Self-Government) Act 1988 (the Self-Government Act) establishes the Australian Capital Territory as a body politic under the Crown and provides that there shall be a Legislative Assembly for the Australian Capital Territory.
Term of office
3.2 The term of office of each member begins at the end of the day on which the election of the member is declared by the Electoral Commissioner and, unless sooner ended by resignation or disqualification or by dissolution of the Assembly, ends on the polling day for the next election.
3.3 The Electoral Act 1992 provides that each election shall be held on the third Saturday in October in the fourth year after the year in which the last ordinary election was held. The date for the next election is 17 October 2020, provided the date does not coincide with a federal election.
Resignation of members and office holders
3.4 The Self-Government Act (section 13) provides that:
(1) A member may resign office as a member by written notice delivered to a person authorised by the Assembly to receive it.
(2) The Presiding Officer may resign office as Presiding Officer by written notice delivered to a person authorised by the Assembly to receive it.
(3) The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.
3.5 On 27 March 1992, the Assembly authorised the Speaker to receive the written notice of resignation of a member of the Assembly. If the Speaker is absent from the Territory or from duty, the Deputy Speaker may accept this notice on the Speaker’s behalf. The Clerk is authorised to receive the written notice of resignation of the Speaker of the Assembly.
3.6 Section 45 of the Self-Government Act provides that the Chief Minister may resign office as Chief Minister by written notice delivered to the Presiding Officer (Speaker) and any other minister may resign office as minister by written notice delivered to the Chief Minister.
Disqualification provisions
3.7 Section 14 of the Self-Government Act provides that a member vacates office if the member:
· is not qualified to take a seat as a member at any time after the beginning of the first meeting of the Assembly after a general election;
· is absent without permission (leave) of the Assembly for four consecutive meetings or such number of meetings as is specified by enactment [no specification has yet been made]; or
· 'takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 73.’(NB section 73 makes provision for the remuneration and allowances for members and other offices).
Eligibility to be an MLA
3.8 Section 103 of the Electoral Act provides that, to be eligible to be an MLA, a person must be:
· an Australian citizen
· at least 18 years of age
· an elector or entitled to be an elector (that is, a person who is enrolled, or is to be taken under the Act to be enrolled, for an electorate)
3.9 Under the Act, to be eligible a person must not:
· be a member of the Parliament of the Commonwealth or the legislature of a State or another Territory; or
· hold an office or appointment (other than a prescribed office — that is, office of Speaker, Deputy Speaker, Chief Minister, Deputy Chief Minister, Minister or MLA) under a law of the Territory, the Commonwealth, a State or another Territory; or
· be employed by the Territory, the Commonwealth, a State or another Territory authority or a body (whether corporate or not) established by a law of the Commonwealth, a State or another Territory and entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of the office, appointment or employment.
3.10 The Act also provides that a person who is convicted of certain offences under the Electoral Act, Crimes Act 1900 and Crimes Act 1914 (Cwlth) (including bribery, violence and intimidation), or found by the Court of Disputed Elections to have contravened nominated offences while a candidate, is not eligible to be an MLA during the period of two years commencing on the date of the conviction or finding.
3.11 Section 104 of the Electoral Act makes provision for the eligibility of persons to be nominated for election as an MLA.
3.12 The Assembly can, by resolution, refer questions relating to the eligibility of a person to be an MLA or vacancies in the membership of the Assembly to the Court of Disputed Elections (Electoral Act, section 252).
Privilege
3.13 Parliamentary privilege refers to the powers and immunities the Assembly and its members and committees possess to ensure they can discharge their functions.
3.14 The most well-known privilege granted to members is that of freedom of speech. Members have immunity from legal action for anything said in the course of proceedings of the Assembly or its committees.
3.15 The source of the privileges powers of the Assembly is section 24 of the Australian Capital Territory (Self-Government) Act 1988. This section links the privileges and immunities of the Assembly and its members and committees with those of the House of Representatives and its members and committees until such a time as the Assembly makes a law with respect to its own powers [it is yet to do so].