Although recognized as being independent of executive government, Secretariat staff are essentially ACTgovernment public servants with the same terms of employment which derive from agreements made with the government of the day.
5.1.3 The legislature shall draw and maintain a clear distinction between partisan and non-partisan staff.
5.1.4 Members and staff of the legislature shall have access to sufficient research, library, and ICT facilities.
It is difficult to define ‘sufficient’. There could well be individual members who view the standard of facilities as insufficient. However, MLAs and staff have access to these facilities to a rea sonable standard and concerns about the sufficiency of facilities of the type described can be addressed through the Assembly’s Standing Committee on Administration andProcedure which advises the Speaker on Members’ entitlements and facilities.
5.2.1 The legislature shall have adequate resources to recruit staff sufficient to fulfil its responsibilities. Rates of pay shall be broadly comparable to those in public service.
5.2.2 The legislature shall not discriminate when recruiting staff on the basis of race, ethnicity, religion, gender, disability, or, in the case of non-partisan staff, party affiliation.
5.3.1 Recruitment and promotion of non-partisan staff shall be on the basis of merit and equal opportunity.
5.4.1 The head of the parliamentary service shall have a form of protected status to prevent undue political pressure.
5.4.2 Legislatures should, either by legislation or resolution, establish corporate bodies responsible for providing services and funding entitlements for parliamentary purposes and providing for governance of the parliamentary service.
The ACT Legislative Assembly 5.4.3 All staff shall be subject to a code of conduct.
Secretariat is recognized in the Public Sector Management Act and the Financial Management as having an independent status in supporting the work of the Legislature. X
6.1.1 The approval of the legislature is required for the passage of all legislation, including budgets.
The Assembly partly complies.All Secretariat staff are subject to both the ACT Public Service Code of Conduct and a Secretariat specif ic code of conduct.However, staff employed by Members are not subject to an Assembly specific code of conduct.
6.1.2 Only the legislature shall be empowered to determine and approve X the budget of the legislature.
The Assembly does not comply with the spirit of this measure. In practice, it is the government of the day that determines the quantum of funding made available through the appropriation bill.
6.1.3 The legislature shall have the power to enact resolutions or other non-binding expressions of its will.