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 laid 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 49ZX Exceptions to compulsory retirement from employment on the ground of age, where an officer who cannot be removed from office except following an address, declaration, resolution or involvement of either or both of the Houses of Parliament and who is not appointed for a term.
S 74 Members of Parliament not eligible for appointment to the board.
S 75 Board seat deemed vacated if member nominates for Parliament.
S 122 Minister to lay annual report before both Houses of 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.)
S 265 A report on the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 4 years.
COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998
S 3 Presiding Officers means Clerks of respective Houses if Presiding Officer vacant.
Parliamentary Joint Committee means the joint committee called the Committee on Children and Young People constituted under this Act.
S 22 Evidence or other information about a matter or document could not be required to be adduced in court proceedings because of section 10 (Parliamentary privilege preserved) of the Evidence Act 1995.
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.
S 45P Annual report to Parliament.
S 45Q Annual child death review report to the Presiding Officer of each House of Parliament.
S 45R Other reports containing results of research under functions of section 45N may be furnished to the Presiding Officer of each House of Parliament.
S 45X Report on the outcome of the review of Part 7A to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
S 53 Report on the outcome of the review of the Act is to be tabled in each House of Parliament by 8 March 2011.
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 5A Disagreement between the two Houses – appropriation for annual services.
S 5B Disagreements between the Houses on Bills other than a Bill to which S 5A applies – referendum.
S 7 Power to alter constitution of Legislative Council or Legislative Assembly.
S 7B Referendum for Bills with respect to Legislative Assembly and certain other matters.
Part 3 The Legislative Council and Legislative Assembly:
S 10 Time and place for holding sessions and prorogation of Parliament.
S 11 One session of Parliament to be held in each year.
S 11A Elections to be held pursuant to writs.
S 11B Compulsory voting.
S 12 No Member to sit or vote until pledge of loyalty or oath of allegiance is taken.
SS 13 and 13A Disqualifications and further disqualifications.
S 13B Members and office of profit or pension from Crown.
S 13C Member of one House ineligible for other.
S 13D Abatement of salary of Members receiving pension or superannuation as public servants.
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.
SS 23, 24, 24A, 24B on convocation of Assembly, duration of Assembly, date of general election for Legislative Assembly and dissolution of Legislative Assembly during 4 year term.
S 25 Number of members of the Legislative Assembly is 93.
S 27 Distribution of New South Wales into electoral districts.
S 28 Number of voters in electoral districts.
S 28A Special distribution to maintain equal number of voters in each electoral district.
S 29 Conduct of Legislative Assembly elections.
S 30 Assembly may proceed to business although writs not exceeding five shall not have been returned.
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 which arises in the House, when not presiding in the Chair.
S 31A Absence of Speaker from New South Wales.
S 31B Manner of election of Speaker.
S 32 Quorum and determination of questions.
S 33 Resignation of seats in the Assembly.
Part 4A Parliamentary Secretaries:
S 38B Appointment of Parliamentary Secretaries.
S 38C Functions of Parliamentary Secretary.
S 38D How Parliamentary Secretary ceases to hold office.
S 38E Restrictions relating to Parliamentary Secretaries.
CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001
S 70 Parliamentary privilege preserved for privileged documents.
S 84 Annual report to be laid before both Houses of Parliament.
S 91 Report on the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
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 82 An abstract of a proposed dedication of land or proposed addition to dedicated land under the Act shall be laid before both Houses of Parliament at least 10 sitting days before the dedication or addition is made.
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 4 Definitions of parliamentary body.
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.
S 29 Defences of fair report of proceedings of public concern include any proceedings in public of a parliamentary body.
S 49 Report on the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Sch 1 Additional publications to which absolute privilege applies:
Cl 1 Matters relating to Ombudsman, without limiting s 27 (2)(a)-(c) of the defence of absolute privilege, matter that is published to a member of Parliament for the purposes of s 12 (2) of the Ombudsman Act 1974 or s 127 (7) of the Police Act 1990.
Cl 2A Matters relating to Information Commissioner, without limiting s 27 (2)(a)-(c) of the defence of absolute privilege, matter that is published in a report under s 38 (Special report to Parliament) of the Government Information (Information Commissioner) Act 2009.
Sch 2 Additional kinds of public documents:
Cl 8 Without limiting s 28 (4)(a)-(f) of the defence for publication of public documents, documents produced to certain parliamentary committees conducted in private are included: the Committee on Children and Young People, Committee on the Health Care Complaints Commission, Committee on the Independent Commission Against Corruption, Legislation Review Committee, Committee on the Office of the Ombudsman and the Police Integrity Commission, Public Accounts Committee, Committee on the Office of the Valuer-General.
Sch 3 Additional proceedings of public concern:
Cl 17 Without limiting s 29 (4)(a)-(o) of the defence of fair report of proceedings of public concern, proceedings of public concern include: the Committee on Children and Young People, Committee on the Health Care Complaints Commission, Committee on the Independent Commission Against Corruption, Legislation Review Committee, Committee on the Office of the Ombudsman and the Police Integrity Commission, Public Accounts Committee, Committee on the Office of the Valuer-General.
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.
S 26 If the Attorney General furnishes a guideline on the exercise of the Director's functions, the Attorney General shall cause a copy of the order to be laid before each House of Parliament within 14 sitting days of that House after publication.
S 34 Annual report to be laid before both Houses of Parliament.
SCHEDULE 1 Members of Parliament ineligible for appointment as senior officers.
ELECTION FUNDING, EXPENDITURE AND DISCLOSURES ACT 1981
S 4 contains definitions.
S 6 Members of the Election Funding Authority consist of 3 members of whom one shall be appointed by the Governor on the nomination of the Leader of the Opposition in the Legislative Assembly.
S 9 Person who is a member of the Legislative Council or Assembly or a candidate or an agent for a candidate is not eligible for appointment as an appointed member for the Election Funding Authority.
S 13 An appointed member or alternate shall be deemed to have vacated office if s/he becomes a member of the Legislative Council or Assembly or a candidate or an agent for a candidate.
S 32A Person nominated as a candidate at an election in accordance with the Parliamentary Electorates and Elections Act 1912 is deemed to be registered as a candidate for the election.
S 33 Applications for registration of candidates.
S 41 Appointment of party agents.
S 46C A person appointed to any office or position under the Parliamentary Electorates and Elections Act 1912 is not eligible to be an official agent.
S 57 Registered parties eligible for public funding of election campaigns. In the case of a Legislative Assembly general election, the total number of first preference votes received by all those candidates endorsed by a party is at least 4% of the total number of first preference votes in all electoral districts in which the candidates were nominated for election.
S 58 The amount to be distributed from the Election Campaigns Fund to a party eligible for payment from the Fund in respect of a State election is in the case of the eligible Assembly party: 100% of so much of the actual expenditure of the party as is within 0-10% of the applicable expenditure cap, plus; 75% of so much of the actual expenditure of the party as is within the next 10-90% of the applicable expenditure cap, plus; 50% of so much of the actual expenditure of the party as is within the last 90-100% of the applicable expenditure cap.
S 59 Candidates eligible for public funding of election campaigns. In the case of a Legislative Assembly general election or by-election for the Assembly, the candidate is elected or the total number of first preference votes received by the candidate is at least 4% of the total number of first preference votes in the electoral district in which the candidate was nominated for election.
S 60 Amount of public funding for eligible candidates. In the case of an eligible Assembly party candidate, 100% of so much of the actual expenditure of the candidate as is within 0-10% of the applicable expenditure cap, plus; 50% of so much of the actual expenditure of the candidate as is within the next 10-50% of the applicable expenditure cap. In the case of an eligible Assembly independent candidate, 100% of so much of the actual expenditure of the candidate as is within 0-10% of the applicable expenditure cap, plus; 50% of so much of the actual expenditure of the candidate as is within the next 10-80% of the applicable expenditure cap.
S 83 State elections and elected members of Parliament and political donations and electoral expenditure.
S 84 Definitions under Part 6 on political donations and electoral expenditure.
S 87 Meaning of 'electoral expenditure' and 'electoral communication expenditure'.
S 95AA Caps on political donations for State elections only and to an elected member or to a candidate or other person that relates to a member of Parliament or to a candidate or other person in connection with a State election.
S 95F Caps on electoral communication expenditure on State election campaigns: parties with Assembly candidates in a general election; party candidates in Assembly general election; independent candidates in Assembly general election; candidates in Assembly by-election; third-party campaigners; additional cap for individual Assembly seats; indexation of capped amounts.
S 95H Capped expenditure period.
S 96B Campaign accounts of elected members, groups or candidates.
S 97A Reference to Part 6A administrative and policy development funding, applies to State members and parties only, including an elected member (or a party with endorsed elected members) or an election that relates to a member of either House of Parliament or to a State election.
S 97B Reference to expenditure for administrative and operating expenses does not include a reference to electoral expenditure, expenditure for which a member may claim a parliamentary allowance as a member.
S 107 Reports to Parliament.
S 109 An elected member, a candidate, a party agent or an official agent, or a person appointed to any office or position under the Parliamentary Electorates and Elections Act 1912, is not qualified to perform any action as an auditor for the purposes of Part 5 (public funding of State election campaigns) or Part 6 (political donations and electoral expenditure).
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.
S 48 Proof of contents of documents – if the document in question is a public document by tendering a document that is or purports to be a copy of the document in question and purports to have been printed by authority of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament.
S 154 Matters of official record – it is presumed, unless the contrary is proved, that a document purporting to have been printed by authority of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament, is what it purports to be, and was published on the day on which it purports to have been published.
Dictionary – Part 2 (1): Reference in this Act to a business includes the proceedings of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament.
FORESTRY ACT 1916
S 13 All money appropriated by Parliament for the purposes of this Act shall be expended under the control and management of the commission.
S 16A Exchange of land dedicated as State forest requires a copy of the proposed agreement where it provides for the sale or other disposal of dedicated land that exceeds 20 hectares in area, be laid before both Houses of Parliament and that notice has not been given in either House of Parliament within 15 sitting days after a copy of the proposed agreement has been laid, of a motion that the agreement not be entered into or where any such notice is given, that the motion has been withdrawn or defeated.
S 19A Subject to ss 16A and 19B, the dedication as a State forest of any national forest shall not be revoked otherwise than by Act of Parliament.
S 21A Subject to ss 16A and 19B, a notice to declare any area of State forest (other than a flora reserve) to be a special management zone is not to be revoked wholly or in part otherwise than by Act of Parliament.
S 25A Subject to s 16A, a notice in the Gazette under this section, to dedicate Crown lands (not the subject of a tenure from the Crown except a tenure specified or described in the First Schedule of land having an area of more than 2 hectares) or any State forest as a flora reserve, shall not be revoked wholly or in part otherwise than by Act of Parliament.
FORESTRY AND NATIONAL PARK ESTATE ACT 1998
S 20 Report on the outcome of each review of agreements and related integrated forestry operations approvals is to be tabled in each House of Parliament within 12 months after the end of the relevant 5 year period.
S 21 Annual report is to be tabled in each House of Parliament. A copy of each forest agreement made under this Act (and any amendment or termination of a forest agreement together with reasons) and a copy of each integrated forestry operations approval granted under this Act (and any amendment, suspension or revocation together with reasons), must be furnished to the Presiding Officer of each House of Parliament within 7 days after the relevant matter arises. A copy of any of the above document furnished to the Presiding Officer is to be laid before that House within 15 sitting days of that House after it is received by the Presiding Officer. The Presiding Officer of a House of Parliament is to make such a document public as soon as practicable after receiving the document if it has not been sooner laid before that House whether or not the House is in session. If such a document is made public by the Presiding Officer before it is laid before that House, it attracts the same privileges and immunities as if it had been laid before that House. Under s 21, Presiding Officer means the President of the Legislative Council or the Speaker of the Legislative Assembly. If there is a vacancy in the officer of Speaker, the reference to the Speaker is a reference to the Clerk of the Legislative Assembly.
S 49 Report on the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Sch 13, cl 4 Relevant Ministerial approval is taken to grant approval for forestry operations in accordance with the conditions specified in the approval, in the compartments of State forest specified in the Table, and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for this Act) when the Bill was introduced into the Assembly.
GOVERNMENT INFORMATION (INFORMATION COMMISSIONER) ACT 2009
S 3 Definitions: Joint Committee means the Committee on the Office of the Ombudsman and the Police Integrity Commission constituted under the Ombudsman Act 1974 or such other joint committee of members of Parliament as may be appointed to exercise the functions of the Joint Committee under this Act.
S 4 Member of the Legislative Council or of the Legislative Assembly or a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth is not eligible to be appointed as the Information Commissioner or to act in that office.
S 5 A person is not to be appointed as the Information Commissioner until the proposed appointment has been referred to the Joint Committee under s 31BA of the Ombudsman Act 1974, and the period that the Committee has to veto has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.
S 7 The holder of the office the Information Commissioner has to vacate the office if s/he 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.
S 8 The Governor may remove the Information Commissioner from office on the address of both Houses of Parliament. The Minister is to lay a full statement of the grounds for suspension of the Information Commissioner, before each House of Parliament, within 7 sitting days of that House after the Commissioner has been suspended from office. The suspension is to be lifted unless each House of Parliament, within 21 sitting days from when the statement was laid before it, declares by resolution that the Information Commissioner ought to be removed from office. If each House of Parliament declares within that period, the Information Commissioner is to be removed from office by the Governor. Sitting days are to be counted whether or not they occur in the same session.
S 36 Annual report to be furnished to the Presiding Officer of each House of Parliament. In its application to the annual reports of the Information and Privacy Commission, the Annual Reports (Departments) Act 1985 is modified: letters of submission under that Act are to be made to the Presiding Officer of each House of Parliament and not to the appropriate Minister, annual report is to be submitted to the Presiding Officer of each House of Parliament and not to the appropriate Minister.
S 37 Report on the operation of the Act is to be furnished to the Presiding Officer of each House of Parliament.
S 38 Special report on any matter relating to the functions of the Information Commissioner may be made to the Presiding Officer of each House of Parliament.
S 39 Tabling procedure for reports to the Presiding Officer of a House of Parliament and and making reports public by the Presiding Officer of a House of Parliament. A report that is made public by the Presiding Officer of a House of Parliament before it is laid before that House attracts the same privileges and immunities as it would if it had been laid before that House. In this Part, Presiding Officer is the Speaker of the Legislative Assembly or if there is a vacancy in the office of Speaker, the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.
S 44 Oversight of Information Commissioner's functions by joint committee.
S 48 Report on the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009
S 14 It is to be conclusively presumed that there is an overriding public interest against disclosure of any of the government information described in Sch 1. Public interest considerations listed in this section are the only other considerations that may be taken into account under this act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information. This includes the effect of prejudice Ministerial responsibility to Parliament.
S 18 Information about the agency in any document tabled in Parliament by or on behalf of the agency other than any document tabled by order of either House of Parliament constitutes open access information that is required to be made publicly by the agency under s 6 (mandatory proactive release of certain government information).
S 78 An agency n response to an access application may defer providing that access if the information is contained in a record (or a draft of or extract from a record) that has been prepared for presentation to Parliament but is yet to be presented.
S 125 Annual report must be tabled in each House of Parliament unless it is included in an annual report prepared for the purposes of the Annual Reports (Departments) Act 1985 or the Annual Reports (Statutory Bodies) Act 1984.
S 130 Report on the review of this Act is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
S 131 Review of public interest provisions by the Joint Committee.
Sch 1 includes information for which there is conclusive presumption of overriding public interest against disclosure: cl 1 overriding secrecy laws such as s 17 (confidentiality of information or documents relating to election policy and other costings) under Parliamentary Budget Officer Act 2010; ss 48 (privacy – non disclosure of information), 120AG (secrecy relating to technology assisted voting), 135 (violation of secrecy by officers) under Parliamentary Electorates and Elections Act 1912.
Sch 1, cl 4: It is conclusively presumed that there is an overriding public interest against disclosure of information if the public disclosure would infringe the privilege of Parliament.
Sch 4, cl 1 defines Joint Committee as the Joint Committee under the Government Information (Information Commissioner) Act 2009.
Sch 4, cl 2 excludes the Legislative Council or the Legislative Assembly or a committee of either or both of those bodies as a public authority for the purposes of a provision of this Act.
Sch 4, cl 3 excludes the office of a member of the Legislative Council or the Legislative Assembly or of a committee of either or both of those bodies, the office of President of the Legislative Council or Speaker of the Legislative Assembly or Chair of a committee of either or both of those bodies, the Parliamentary Secretary among others from being a public office for the purposes of this Act.
HEALTH CARE COMPLAINTS ACT 1993
S 8 A member of Parliament may make a complaint under this Act.
S 44 The Health Care Commission may make a special report to the Presiding Officer of each House of Parliament if the Commission is not satisfied that sufficient steps have been taken within a reasonable time as a result of its report to the Minister.
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.
S 91 Recommendations to have regard to available resources that would not be beyond the resources appropriated by Parliament for the delivery of health services.
S 104 Report of the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
IMPERIAL ACTS APPLICATION ACT 1969
S 11 Revival of repealed enactments – such proclamation be laid before both Houses of Parliament within 14 sitting days after publication if Parliament is in session and if not, then within 14 sitting days after the commencement of the next session. Proclamation does not have effect if either House passes a resolution to disallow such a proclamation, of which notice has been given within 15 sitting days after the proclamation has been laid before the House.
S 35 Seizure of copies of libel – that the court may make an order for the seizure of all copies of the libel in the possession of the person against whom such a verdict or judgment is made for composing, printing, publishing any blasphemous libel or any seditious libel tending to bring into hatred or contempt the person of either House of Parliament.
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. Subject to subsection (5), conduct of a Minister of the Crown or a member of a House of Parliament which falls within the description of corrupt conduct in S 8 is not excluded by S 9 if it is conduct that would cause a reasonable person to believe that it would bring the integrity of the office concerned or of Parliament into serious disrepute.
S 13 Principal functions of the ICAC include investigating any matter referred to it by both Houses of Parliament, as well as conducting educational or advisory programs as described in a reference made to the Commission by both Houses of Parliament.
S 18 If the proceedings are for an indictable offence and are conducted by the Crown, the Commission must, where necessary, ensure the accused's right to a fair trial is not prejudiced, including the deferral of making a report to Parliament in relation to the investigation during the proceedings.
S 57B Principal functions of Inspector may be exercised at the request of the Minister in response to a complaint made to the Inspector or in response to a reference by the Joint Committee or any public authority or public official.
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.
Part 8 References to ICAC by Parliament and reports to Parliament ( S 73 References by Parliament; S 74 Reports on referred matters; S 74A Contents of reports to Parliament; S 74B Reports under S 74 are not to include findings of guilt or recommending prosecution; S 75 Special reports to Parliament; S 76 Annual reports; S 77 Reports relating to authorities; S 77A Special reports by the Inspector to Parliament; S 77B Annual reports of Inspector).
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.
S 27 An Act may be amended or repealed in the same session of Parliament as that in which it was passed.
S 31 Acts and instruments to be construed so as not to exceed the legislative power of Parliament.
S 34 Materials that may be considered in the interpretation of a provision of an Act or a statutory rule under the Act, include: all matters not forming part of the Act that are set out in the document containing the text of the Act as printed by the Government Printer, any relevant report of a committee of inquiry or other similar body that was laid before either House of Parliament before the provision was made or enacted, any relevant report of a committee of Parliament before the provision was made or enacted, any explanatory note or memorandum relating to the Bill for the Act or other relevant document that was laid before or furnished to the members of either House by a Minister or other member of Parliament introducing the Bill before the provision was made or enacted, the speech made to a House of Parliament by a Minister or other member of Parliament on the motion that the Bill for the Act be read a second time, any relevant material in the Minutes of Proceedings or the Votes and Proceedings of either House of Parliament or in any official record of debates in Parliament.
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. Note: However, this may be amended by the Jury Amendment Act 2010, which was assented to on 28 June 2010 but some provisions have not been proclaimed to commence yet. Upon commencement, Schedules 1 and 2 will be omitted and instead, will be replaced by a new Schedule 1 by the Jury Amendment Act 2010, where a member of either House of Parliament is excluded from jury service but only remains excluded from jury service for the period of 3 years after ceasing to hold that office. Staff of the Parliament will no longer be excluded from jury service.
S 80 Report of the review of the amendments made to the Act by the Jury Amendment (Verdicts) Act 2006 is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
LAW AND JUSTICE FOUNDATION ACT 2000
S 19 Annual report to be laid before Parliament.
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 4 Constitution of Legislation Review Committee.
S 5 Membership of the Committee.
S 6 Vacancies.
S 7 Chair and Deputy Chair.
S 8 Procedure of the Committee.
PART 3 Functions of the Committee:
S 8A Functions with respect to Bills
- to consider any Bill introduced into Parliament and report to both Houses as to whether any such Bill, by express words or otherwise:
- trespasses unduly on personal rights and liberties, or
- makes rights liberties or obligations unduly 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:
- to consider all regulations while they are subject to disallowance by resolution of either or both Houses of Parliament:
- to consider whether the special attention of Parliament should be drawn to any such regulation on any ground including:
- that the regulation trespasses unduly on personal rights and liberties,
- that the regulation may have an adverse impact on the business community,
- that the regulation may not have been within the general objects of the legislation under which it was made,
- that the regulation may not accord with the spirit of the legislation under which it was made, even though it may have been legally made,
- that the objective of the regulation could have been achieved by alternative and more effective means,
- that the regulation duplicates, overlaps or conflicts with any other regulation or Act,
- that the form or intention of the regulation calls for elucidation, or
- that any of the requirements of Ss 4, 5 and 6 of the Subordinate Legislation Act 1989 or of the guidelines and requirements in Schedules 1 and 2 to that Act, appear not to have been complied with, to the extent that they were applicable in relation to the regulation;
- to initiate a systematic review of regulations based on the staged repeal of regulations and to report to both Houses of Parliament in relation to the review from time to time; and
- to inquire into, and report to both Houses of Parliament on, any question in connection with regulations that is referred to it by a Minister. The functions of the Committee with respect to regulations do not include an examination of, inquiry into or report on a matter of Government policy except in so far as such an examination may be necessary to ascertain whether any regulations implement Government policy or the matter has been referred to the Committee under subsection (2)(b) by a Minister. .
S 10 Authorises presentation of reports out of session to Clerks of respective Houses and requires subsequent publication.
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. The Ombudsman may be removed from the office by the Governor upon the address of both Houses of Parliament.
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 12 Where a person makes a complaint about the conduct of a public authority under subsection (1), the complaint may with the consent of that person, be made on their behalf by a member of Parliament. Where a member of Parliament acts for a person under subsection (2), the member does not, except for the purposes of Ss 15, 16, 26 (4) and 29, become the complainant. However, Schedule 1 excludes certain conduct of public authorities such as that of Parliament, Houses of Parliament, a committee of either House or both Houses of Parliament, a member of either House of Parliament where acting as such, an officer of Parliament or of either House of Parliament where acting as such.
S 14 The Governor may, by proclamation, published on the NSW legislation website, amend any class of conduct of a public authority in Schedule 1. Such a proclamation shall be laid before each House of Parliament within 14 sitting days of that House after the date of proclamation. The proclamation may be disallowed if either House of Parliament passes a resolution of which notice has been given within 15 sitting days of that House after the proclamation has been laid.
S 27 Ombudsman may make a report to the Presiding Officer of each House of Parliament and provide a copy of that report to the responsible Minister if the Ombudsman is not satisfied that sufficient steps have been taken in due time in consequence of a report under S 26. The responsible Minister must make a statement to the House of Parliament in response to the report not more than 12 sitting days after the report is made to the Presiding Officer.
S 30 Annual report to be furnished to the Presiding of each House of Parliament.
S 31 Special report to Parliament.
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.
S 31BA The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Commissioner for the Police Integrity Commission or Inspector of the Police Integrity Commission to the Joint Committee and the Committee can veto the proposed appointment. The Joint Committee has 14 days and a further 30 days (after the initial 14 days) to veto the proposal if it notifies the Minister within 14 days to consider the matter. The Joint Committee is to notify the Minister within the time that it has to veto a proposed appointment whether or not it vetoes it.
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.
Schedule 1 excludes certain conduct of public authorities from S 12 such as conduct of Parliament, Houses of Parliament, a committee of either House or both Houses of Parliament, either House of Parliament, a member of either House of Parliament where acting as such, an officer of Parliament or of either House of Parliament where acting as such.
PARKING SPACE LEVY ACT 2009
S 18 Report of the review of the Act is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
PARLIAMENTARY BUDGET OFFICER ACT 2010
S 3 Defines parliamentary leader and Presiding Officers.
S 4 Presiding Officers.
S 5 Establishment of position of Parliamentary Budget Officer.
S 6 Appointment of Parliamentary Budget Officer.
S 8 Acting Parliamentary Budget Officer.
S 9 Vacancy in office of Parliamentary Budget Officer. The Presiding Officers can remove the Parliamentary Budget Officer under this section. The Presiding Officers may remove the Parliamentary Budget Officer from office for misbehaviour, incapacity or incompetence.
S 11 Parliamentary staff may be employed by the Presiding Officers to assist the Parliamentary Budget Officer to exercise his or her functions. Members of staff of the Parliamentary Budget Office are under the joint control of the Presiding Officers.
S 12 Functions relating to costings of election promises.
S 13 Functions relating to advice to members of Parliament.
S 15 Report of the Parliamentary Budget Officer to designated parliamentary committees and monitoring by committees.
S 17 Confidentiality of information or documents relating to election policy and other costings.
S 18 Request for election policy costings by parliamentary leaders.
S 19 Period during which election policy costings may be requested.
S 20 Withdrawal of election costing requests by a parliamentary leader.
S 21 Parliamentary Budget Officer to prepare costings of election policies.
S 22 Public release of election policy costings by a parliamentary leader.
S 23 Budget impact statements for all costed policies of each parliamentary leader.
S 27 Nominee may act for parliamentary leader.
S 30 Report on review of the Act is to be tabled in each House of Parliament within 12 months after the end of period of 5 years.
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. |