Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill gives the Director-General of the Department of the Premier and Cabinet and the Clerk of the Parliament explicit legal power to conduct criminal history checks on staff working in ministerial offices, opposition offices, electorate offices, and the Parliamentary Service. It formalises interim checking procedures that were already operating since December 2017 and aligns parliamentary staff with the criminal history check framework that already applies to Queensland public servants under the Public Service Act 2008.
Who it affects
People who work or seek to work in ministerial offices, electorate offices, or the Parliamentary Service may need to consent to criminal history checks. Members of Parliament will receive relevant criminal history information to help make informed hiring decisions.
Key changes
- Director-General of Premier and Cabinet can conduct criminal history checks on staff in ministerial, opposition, and non-government member offices
- Clerk of Parliament can conduct criminal history checks on Parliamentary Service and electorate office staff
- Staff can refuse consent, but this may affect their employment or duties
- Prosecuting authorities must notify the relevant authority within 7 days if a staff member is charged with an indictable offence
- Maximum penalty of 100 penalty units for providing false information in consent documents or improperly disclosing criminal history information
- Criminal history records must be destroyed when no longer needed
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 May 2018View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the bill over seven weeks, holding a public briefing with the Department of the Premier and Cabinet. No public submissions were received. The committee recommended the bill be passed, while also identifying a drafting error in clauses 3 and 10 relating to the information a prosecuting authority must provide when a prosecution ends without conviction. The government supported both recommendations and committed to moving amendments during consideration in detail.
Key findings (5)
- The bill provides the Director-General and the Clerk with explicit power to conduct criminal history checks on ministerial, opposition, and parliamentary service staff, mirroring powers already available under the Public Service Act 2008.
- The committee found sufficient privacy safeguards were in place, including requirements for written consent, mandatory destruction of reports when no longer needed, and penalties of up to $12,615 for unlawful disclosure.
- A drafting error was identified in clauses 3 and 10 where the information required when a prosecution ends without conviction was inconsistent with the corresponding provision in the Public Service Act.
- The committee noted that obligations for staff to disclose charges were not included in the bill itself, but were adequately covered by existing directives and codes of conduct.
- The committee raised concerns that the explanatory notes contained insufficient detail regarding potential breaches of fundamental legislative principles relating to privacy.
Recommendations (2)
- The committee recommends the Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends that clauses 3 and 10 of the Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018 be amended to correct a drafting error.
Committee report tabled
▸Second Reading16 July 2020View Hansard
▸10 members spoke5 support5 mixed
Moved the second reading as Attorney-General, defending the bill as necessary to formalise criminal history checks for ministerial and parliamentary staff and announcing amendments to give the Queensland Independent Remuneration Tribunal power to determine crossbench staffing entitlements.
“It is imperative that we are able to ensure the suitability of individuals employed under the Ministerial and Other Office Holder Staff Act 2010 and Parliamentary Service Act 1988 to maintain public confidence in these public offices.”— 2020-07-16View Hansard
Stated the LNP would not oppose the bill but heavily criticised the government for taking over two years to bring it to debate, linking its origins to the child safety minister hiring a staff member with a criminal conviction for child pornography.
“The LNP will not oppose this bill because, as the last five years have demonstrated, Queenslanders simply cannot trust the Palaszczuk Labor government to undertake the most basic governance measures to ensure government integrity.”— 2020-07-16View Hansard
Spoke as committee chair, describing the bill as a commonsense evolution of parliament's integrity processes and noting the committee recommended it be passed with a minor drafting correction.
“The bill is simply about the process of giving the Clerk the powers to do criminal history checks. I think that is a steady and worthwhile evolution of our integrity process in this place.”— 2020-07-16View Hansard
Supported the bill's objectives as a committee member but criticised the government for taking over two years to pass what he considered straightforward legislation, questioning the Attorney-General about the delay.
“The fact that this legislation has taken at least two years to be passed speaks volumes about the importance that the Attorney-General has placed on it.”— 2020-07-16View Hansard
Supported the bill as a committee member, noting it reinforces checks and balances for ministerial and electorate office staff and contains appropriate information safeguards.
“This is good legislation. As the member for Mermaid Beach said, we should have had these checks and balances in place some time ago.”— 2020-07-16View Hansard
Supported the crossbench staffing amendment but argued it should also cover opposition resourcing, criticising the government for not responding to his letter proposing all non-government member resourcing go to the Independent Remuneration Tribunal.
“I see the amendment. I support the amendment. The amendment should have been truly responsive to the resolution that was passed by all members in this House.”— 2020-07-16View Hansard
Spoke in support of the bill as consistent with Labor's record on integrity, praising the work of ministerial and departmental staff.
“We are the servants of the public. As such, we must not only be people deserving of that trust; we must be seen to be deserving of that trust.”— 2020-07-16View Hansard
Supported the bill's objective as a committee member but criticised the government for taking over two years to pass it, stating this showed a lack of genuine care for integrity.
“To have a relatively straightforward piece of legislation take over two years to return to the House again shows the government's lack of genuine care for integrity.”— 2020-07-16View Hansard
Strongly supported the amendments relating to the Queensland Independent Remuneration Tribunal determining crossbench resourcing, saying this had been recommended by the Fitzgerald inquiry 30 years ago and was long overdue.
“These are the amendments that have an independent remuneration tribunal determine crossbench resourcing. This was recommended by the Fitzgerald inquiry 30 years ago.”— 2020-07-16View Hansard
Supported the bill but criticised the government over the incident that prompted it, where the then child safety minister hired a staff member with a criminal record for child pornography.
“This legislation responds to one of the more well-known integrity disasters of this government, the total number of which I have lost count.”— 2020-07-16View Hansard
▸In Detail16 July 2020View Hansard
Government amendments Nos 1 to 12 correcting drafting errors by replacing 'indictable offence' with 'relevant offence' (which includes both indictable offences and disqualifying offences under Working with Children legislation) and fixing inconsistencies with the Public Service Act. Amendment No. 13 inserting a new Part 5 amending the Queensland Independent Remuneration Tribunal Act 2013 to give the tribunal functions and powers to set additional staffing entitlements for crossbench members.
Assent date: 23 July 2020