Part 2 Parliamentary Budget Officer
5 Establishment of position of Parliamentary Budget Officer
(1) The position of Parliamentary Budget Officer is established as an independent officer of Parliament.(2) The functions of the Parliamentary Budget officer are only those conferred by this or any other Act, and there are no implied rights, obligations or immunities arising from that officer being an independent officer of Parliament.
6 Appointment of Parliamentary Budget Officer
(1) The Presiding Officers are to appoint a person as Parliamentary Budget Officer for each State general election. Each appointment is to take effect on or as soon as practicable after 1 September immediately before the general election is due to be held.(2) The person appointed as Parliamentary Budget Officer must be a person selected from a list of at least 2 persons recommended by a panel comprising:(a) the Ombudsman, and(b) the Information Commissioner, and(c) the Chairperson of the Independent Pricing and Regulatory Tribunal.(3) If the Presiding Officers decline to appoint a person from a list of persons recommended by the panel, the panel is required to recommend a further list.(4) The Parliamentary Budget Officer is to be appointed on a full-time basis. The Parliamentary Budget Officer is not to engage in paid employment outside the duties of his or her office without the approval of the Presiding Officers.
7 Term of office of Parliamentary Budget Officer
(1) The Parliamentary Budget Officer holds office for the period that is specified in his or her instrument of appointment. The period cannot extend for more than 3 months after the holding of the State general election for which the appointment was made.(2) A person appointed as Parliamentary Budget Officer for a State general election may be re-appointed for a subsequent State general election.
8 Acting Parliamentary Budget Officer
(1) The Presiding Officers may, from time to time, appoint an acting Parliamentary Budget Officer during the absence, or a vacancy in the office, of the Parliamentary Budget Officer, and may at any time revoke any such appointment.(2) An acting Parliamentary Budget Officer has all the functions of the Parliamentary Budget Officer and is taken to be the Parliamentary Budget Officer.(3) A person appointed as the acting Parliamentary Budget Officer must be a member of the staff of the Parliamentary Budget Office.(4) An acting Parliamentary Budget Officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Presiding Officers may from time to time determine.
9 Vacancy in office of Parliamentary Budget Officer
(1) The office of the Parliamentary Budget Officer becomes vacant if the Officer:(a) dies, or(b) completes a term of office, or(c) resigns the office by instrument in writing addressed to the Presiding Officers, or(d) is removed from office by the Presiding Officers under this section, or(e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.(2) The Presiding Officers may remove the Parliamentary Budget Officer from office for misbehaviour, incapacity or incompetence.(3) If the office of the Parliamentary Budget Officer becomes vacant before the Officer’s duties with respect to the State general election for which he or she was appointed have been completed, the Presiding Officers are to appoint a person to fill the vacancy for the balance of the predecessor’s term of office.
10 Remuneration of Parliamentary Budget Officer
The Parliamentary Budget Officer is entitled to be paid:(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and(b) such travelling and subsistence allowances as the Presiding Officers may from time to time determine.
11 Employment of staff and consultants—Parliamentary Budget Office
(1) Parliamentary staff may be employed by the Presiding Officers to assist the Parliamentary Budget Officer to exercise his or her functions. Those staff comprise the Parliamentary Budget Office.(2) The members of staff of the Parliamentary Budget Office are under the joint control of the Presiding Officers.(3) However, directions to the members of that staff in relation to the exercise of the functions of the Parliamentary Budget Officer may only be given by:(a) the Parliamentary Budget Officer, or(b) another member of staff of the Parliamentary Budget Office authorised to do so by the Parliamentary Budget Officer.(4) The Parliamentary Budget Officer may engage consultants to assist the Officer in the exercise of his or her functions.(5) Any such consultant is taken, for the purposes of this Act, to be a member of staff of the Parliamentary Budget Office.