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Members of Parliament (Staff) Act 1984

  • - C2004C05315
  • In force - Superseded Version
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Act No. 64 of 1984 as amended, taking into account amendments up to Act No. 153 of 1986
Registered 03 Dec 2009
Start Date 15 Jan 1987
End Date 29 Jun 1992

MEMBERS OF PARLIAMENT (STAFF) ACT 1984
- Reprinted as at 31 August 1991 (HISTACT CHAP 990 #DATE 31:08:1991)

*1* The Members of Parliament (Staff) Act 1984 as shown in this reprint comprises Act No. 64, 1984 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
year transitional
provisions
Members of Parliament (Staff) Act 1984
64, 1984 June 1984 Ss. 4-11, 31 and
33: 20 July 1984
(see Gazette 1984,
No. S276) Ss. 12-30:
1 Sept 1984 (see
Gazette 1984,
No. S343) S. 32:
1 July 1985 (see
Gazette 1985,
No. S221)
Remainder: Royal Assent
Public Service Reform Act 1984
63, 1984 25 June 1984 S. 144: Royal Assent S. 159 (6)
(a) Ss. 145-148:
1 Jan 1986 (see Gazette
1985, No. S563) (a)
S. 152 (3)-(5): 1 July
1985 (see Gazette 1985,
No.S221) (a)
as
amended
by
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 S. 3: (b) Ss. 2
(32) and
6 (1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
165, 1984 25 Oct 1984 S. 3: (c) Ss. 2
(32) and
6 (1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
193, 1985 16 Dec 1985 S. 3: Royal Assent Ss. 11
(d) and 16
Public Service Legislation (Streamlining) Act 1986
153, 1986 18 Dec 1986 Ss. 1-3, 103, 126, -
130, 132 and 134:
Royal Assent
Ss. 20, 22 (2),
36, 38-41, 44, 45
(1) and (3), 46, 102,
105, 110 and 112:
14 June 1987 (see
Gazette 1987, No.
S125) Ss. 43, 45
(2), 70-76, 78, 87,
113, 115, 116, 122 (2),
123, 125, 129 and
131: 20 July 1987 (see
Gazette 1987, No.
S178) Remainder: 15 Jan 1987
(a) The Members of Parliament (Staff) Act 1984 was amended by sections 144 to 148 and 152 (3)-(5) only of the Public Service Reform Act 1984, subsections 2 (1) and (4) of which provide as follows:
(1) Sections 1, 2, 3, 4 and 7, subsections 29 (1) and (3), sections 107 and 108, Parts III and IV and sections 125, 138, 142, 144 and 149 shall come into operation on the day on which this Act receives the Royal Assent.
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation."
(b) The Public Service Reform Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, sub-subsection 2 (21) (a) of which provides as follows:
(21) The amendments of the Public Service Reform Act 1984 made by this Act shall:
(a) in the case of the amendments of paragraph 5 (5) (a), subsections 5 (8), 11 (1) and 12 (1) and (4), paragraph 18 (b), sections 19 and 21, paragraph 67 (j), subsection 130 (3), section 141 and subsections 151 (5) and 152 (2), (3), (4) and (5) of the first-mentioned Act-Acome into operation, or be deemed to have come into operation, as the case requires, on the commencement of, or on the respective days of commencement of, those provisions of that Act;"
(c) The Members of Parliament (Staff) Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 subsection 2 (12) of which provides as follows:
(12) The amendment of the Members of Parliament (Staff) Act 1984 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 32 of that Act."
The date fixed in pursuance of subsection (12) was 1 July 1985 (see Gazette 1985, No. S221).
(d) The Members of Parliament (Staff) Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 63, 1984; No. 153, 1986
S. 11 am. No. 63, 1984 (as am. by No. 165, 1984)
S. 16 am. No. 193, 1985
S. 17 am. No. 63, 1984
S. 18 am. No. 63, 1984 (as am. by No. 165, 1984)
S. 23 am. No. 193, 1985
S. 24 am. No. 63, 1984
S. 25 am. No. 63, 1984 (as am. by No. 165, 1984)
Part V (ss. 26-30) rep. No. 63, 1984
Ss. 26-30 rep. No. 63, 1984
S. 32 rep. No. 165, 1984
ad. No. 153, 1986

MEMBERS OF PARLIAMENT (STAFF) ACT 1984
- TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART II-MINISTERIAL CONSULTANTS
4. Ministers may engage consultants
5. Terms and conditions of engagement
6. Natural persons may be engaged under contracts of
employment or contracts for services
7. Engagement of natural persons under contracts of
employment
8. Superannuation
9. Termination of engagement
10. Rights of officers engaged as consultants
11. Rights of relevant public servants engaged as
consultants
PART III-STAFF OF OFFICE-HOLDERS
12. Determinations by Prime Minister
13. Office-holders may employ staff
14. Terms and conditions of employment
15. Superannuation
16. Termination of employment
17. Rights of officers employed by office-holders
18. Rights of relevant public servants employed by
office-holders
19. Power to employ electorate staff not affected
PART IV-STAFF OF SENATORS AND MEMBERS
20. Senators and Members may employ staff
21. Terms and conditions of employment
22. Superannuation
23. Termination of employment
24. Rights of officers employed by Senators and Members
25. Rights of relevant public servants employed by
Senators and Members
31. Annual report
32. Powers may be exercised by authorised person
33. Regulations

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - LONG TITLE

SECT

An Act to provide for the employment of consultants and
staff by Ministers, certain office-holders, Senators and
Members of the House of Representatives, and for related
purposes

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - PART I
PART I-PRELIMINARY

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 1
Short title

SECT

1. This Act may be cited as the Members of Parliament (Staff) Act 1984.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 2
Commencement

SECT

2.*1* (1) Part I shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on such day as is, or such respective days as are, fixed by Proclamation. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 3
Interpretation

SECT

3. In this Act, unless the contrary intention appears:
"Agency" means the Merit Protection and Review Agency;
"Board" means the Public Service Board;
"office-holder" means:
(a) a person who holds a relevant office;
(aa) a person, not being a Senator or Member of the House of Representatives, who held the office of Prime Minister; or
(b) a person in respect of whom a determination by the Prime Minister under section 12 is in force;
"officer" has the same meaning as that expression has in the Public Service Act;
"pensioner" means:
(a) a person to whom an invalidity pension within the meaning of the Superannuation Act is payable; or
(b) a person to whom a pension under the Superannuation Act 1922 is payable, being a person who was retired on the ground of invalidity or of physical or mental incapacity to perform the person's duties;
"Public Service Act"means the Public Service Act 1922;
"relevant office" means:
(a) an office of Minister;
(b) the office of Leader of the Opposition in the Senate;
(c) the office of Leader of the Opposition in the House of Representatives;
(d) the office of Deputy Leader of the Opposition in the Senate;
(e) the office of Deputy Leader of the Opposition in the House of Representatives; or
(f) an office of leader or deputy leader, in a House of the Parliament, of a recognized political party (other than an office that is held by a person who also holds an office referred to in any of the preceding paragraphs of this definition);
"relevant public servant"means a person who is an employee within the meaning of the Public Service Act;
"relevant Secretary", in relation to a consultant appointed, or proposed to be appointed, by a Minister, means the Secretary of the Department administered by the Minister or, if there is more than one Department administered by the Minister, whichever Secretary the Minister considers appropriate;
"Superannuation Act" means the Superannuation Act 1976.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - PART II
PART II-MINISTERIAL CONSULTANTS

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 4
Ministers may engage consultants

SECT

4. (1) A Minister may, with the approval of the Prime Minister, on behalf of the Commonwealth, engage, under an agreement in writing, a natural person, body corporate or partnership as a consultant.

(2) An agreement for the engagement by a Minister of a consultant under subsection (1) shall contain one or more of the following provisions:
(a) a provision to the effect that the consultant is engaged to perform, under the supervision of the Minister, such tasks as are specified in the agreement;
(b) a provision to the effect that the consultant is engaged to perform, under the supervision of the Minister, such tasks as are from time to time specified by the Minister;
(c) a provision to the effect that the consultant is engaged to perform, under the supervision of the relevant Secretary, such tasks as are specified in the agreement;
(d) a provision to the effect that the consultant is engaged to perform, under the supervision of the relevant Secretary, such tasks as are from time to time specified by the Secretary with the Minister's consent.

(3) Subject to subsection (4), a Minister who engages a consultant under subsection (1) may determine which of the provisions referred to in subsection (2) is or are to be included in the agreement under which the consultant is engaged.

(4) In an agreement for the engagement by a Minister of a consultant under this Part, a task shall not be specified by the Minister, for the purposes of a provision of the kind referred to in paragraph (2) (c), without the agreement of the relevant Secretary.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 5
Terms and conditions of engagement

SECT

5. (1) The terms and conditions of an engagement by a Minister of a natural person under this Part, other than terms and conditions relating to any matter in relation to which:
(a) a determination is to be made by the Minister under section 4 or 8; or
(b) express provision is made by section 9;
shall be determined by the Board.

(2) The terms and conditions of an engagement by a Minister of a body corporate or a partnership under this Part, other than terms and conditions relating to any matter in relation to which:
(a) a determination is to be made by the Minister under section 4; or
(b) express provision is made by section 9;
shall be determined by the Board.

(3) The terms and conditions of an engagement under this Part that are determined by the Board under subsection (1) or (2) shall be specified in the agreement relating to the arrangement.

(4) Without limiting the generality of subsection (1) or (2), an agreement for the engagement by a Minister of a consultant under this Part shall make provision for the payment to the consultant of an amount by way of compensation for the early termination of the engagement if the engagement is terminated by subsection 9 (1) or by the Minister under subsection 9 (2) before the expiration of the period specified in the agreement as the term of the engagement.
(5) An agreement under section 4 may be varied in a manner provided for in the agreement.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 6
Natural persons may be engaged under contracts of employment or
contracts for services

SECT

6. An agreement for the engagement of a natural person as a consultant under this Part shall specify whether the agreement is to be taken to be a contract of employment or a contract for services.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 7
Engagement of natural persons under contracts of employment

SECT

7. (1) In this section, "relevant agreement" means an agreement under section 4 that is to be taken to be a contract of employment.

(2) The engagement of a natural person as a consultant under a relevant agreement may be on a full-time or part-time basis.

(3) Subject to section 8, a term or condition of the engagement of a natural person as a consultant under a relevant agreement may be specified in the agreement by reference to the entitlement that the person would have:
(a) if a specified Act applied in relation to the person; or
(b) if a specified Act applied in relation to the person with such modifications as are set out in the agreement.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 8
Superannuation

SECT

8. (1) In this section:
"prescribed modification" in relation to the Superannuation Act, means a modification of the reference in section 13 of that Act to a term of not less than 1 year;
"relevant agreement" means an agreement under section 4 that is to be taken to be a contract of employment;
"relevant person" means a natural person other than:
(a) a person who, immediately before being engaged under this Part, was an eligible employee within the meaning of the Superannuation Act; or
(b) a pensioner.

(2) A relevant agreement for the engagement by a Minister of a relevant person as a consultant may contain provisions determined by the Minister in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

(3) Without limiting the generality of subsection (2), a relevant agreement for the engagement of a relevant person as a consultant may provide:
(a) that the Superannuation Act applies in relation to the person as if the person were a temporary employee within the meaning of that Act; or
(b) that the Superannuation Act, with a prescribed modification set out in the agreement, applies in relation to the person as if the person were a temporary employee within the meaning of that Act;
and, where a relevant agreement so provides, the Superannuation Act applies in relation to the person in accordance with the agreement.

(4) Notwithstanding anything in the Superannuation Act or any other Act, the Superannuation Act:
(a) does not apply in relation to a relevant person engaged as a consultant under this Part unless the application of that Act is expressly provided for, in accordance with subsection (3), in the agreement for the engagement of the person; and
(b) does not apply in relation to such a person except as provided by subsection (3).

(5) A Minister is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Minister for Finance.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 9
Termination of engagement

SECT

9. (1) The engagement of a consultant under this Part terminates if the Minister by whom the consultant was engaged:
(a) dies;
(b) ceases to hold office as a Minister; or
(c) ceases to administer the Department administered by the
Minister at the time when the consultant was engaged.

(2) A Minister may at any time, by notice in writing given to a consultant engaged by the Minister under this Part, terminate the engagement of the consultant.

(3) A consultant engaged by a Minister under this Part may at any time, by notice in writing given to the Minister, terminate the engagement.

(4) The engagement of a consultant that is not terminated:
(a) by subsection (1);
(b) by the Minister under subsection (2); or
(c) by the consultant under subsection (3);
terminates at the expiration of such period not exceeding 3 years as is specified, in the agreement under which the consultant was engaged, as the term of the engagement.

(5) Where the engagement of a person under this Part is terminated by subsection (1), the Prime Minister may by writing direct that the engagement of the person shall be deemed:
(a) not to have been so terminated; and
(b) to have continued, or to continue, until a specified date;
and, where the Prime Minister so directs, the engagement of the person under this Part shall for all purposes be deemed to have continued, or to continue, until that date.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 10
Rights of officers engaged as consultants

SECT

10. For the purposes of the Public Service Act, an officer who is engaged under this Part under an agreement that is to be taken to be a contract of employment shall, while the engagement continues, be deemed to be employed as the holder of a Commonwealth office within the meaning of Part IV of that Act.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 11
Rights of relevant public servants engaged as consultants

SECT

11. (1) For the purposes of the Public Service Act, a relevant public servant who is engaged under this Part shall, subject to subsection (2), while the engagement continues, be deemed to be on leave without pay but the service of the relevant public servant pursuant to that engagement, while the relevant public servant is so deemed to be on leave, shall be taken into account as if it were service as a relevant public servant.

(2) A relevant public servant who was selected for employment under the Public Service Act, or whose employment under that Act was authorized, on the condition that the employment should not continue after the expiration of a specified period or on the condition that the employment should not continue after the completion of specified work shall, for the purposes of that Act, be deemed to cease to be a relevant public servant at the expiration of that period or the completion of that work, as the case may be.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - PART III
PART III-STAFF OF OFFICE-HOLDERS

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 12
Determinations by Prime Minister

SECT

12. The Prime Minister may, by writing, determine that, having regard to the Parliamentary duties of a Senator or a Member of the House of Representatives, the Senator or Member ought to be empowered to employ staff under this Part.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 13
Office-holders may employ staff

SECT

13. (1) An office-holder may, on behalf of the Commonwealth, employ, under an agreement in writing, a person as a member of the office-holder's staff.

(2) The power conferred on an office-holder by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Prime Minister, and the exercise of that power is subject to such conditions as are determined by the Prime Minister.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 14
Terms and conditions of employment

SECT

14. (1) Subject to subsection (2) and to any applicable determination made under subsection (3), the terms and conditions of employment of a person employed by an office-holder under this Part, other than terms and conditions (in this section referred to as "prescribed terms and conditions") relating to any matter in relation to which:
(a) a determination is to be made by the office-holder under section 15; or
(b) express provision is made by section 16;
are the same as the terms and conditions applicable in relation to an officer performing the duties of an office in the Australian Public Service having a classification specified in the agreement for the employment of the person.

(2) Notwithstanding anything in subsection (1) or in the Commonwealth Employees (Redeployment and Retirement) Act 1979, that Act does not apply in relation to the employment of a person under this Part.

(3) The Prime Minister may by writing determine that the terms and conditions of employment of a person employed under this Part (other than prescribed terms and conditions) are varied (whether by the variation of particular terms and conditions or by the inclusion of new terms and conditions, not being prescribed terms and conditions) as specified in the determination.

(4) A determination under subsection (3) may be expressed to apply in relation to all persons employed under this Part, in relation to all persons included in a class of persons so employed or in relation to a specified person so employed.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 15
Superannuation

SECT

15. (1) In this section:
"prescribed modification", in relation to the Superannuation Act, means a modification of a reference in section 11 of that Act to a period;
"relevant person" means a person other than:
(a) a person who, immediately before being employed under this Part, was an eligible employee within the meaning of the Superannuation Act; or
(b) a pensioner.

(2) An agreement under section 13 for the employment by an office-holder of a relevant person as a member of the office-holder's staff may contain provisions determined by the office-holder in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

(3) Without limiting the generality of subsection (2), an agreement under section 13 for the employment of a relevant person may provide:
(a) that the Superannuation Act applies in relation to the person as if the person were a temporary employee within the meaning of that Act; or
(b) that the Superannuation Act, with a prescribed modification or prescribed modifications set out in the agreement, applies in relation to the person as if the person were a temporary employee within the meaning of that Act;
and, where an agreement so provides, the Superannuation Act applies in relation to the person in accordance with the agreement.

(4) Notwithstanding anything in the Superannuation Act or any other Act, the Superannuation Act:
(a) does not apply in relation to a relevant person employed under this Part unless the application of that Act is expressly provided for, in accordance with subsection (3), in the agreement for the employment of the person; and
(b) does not apply in relation to such a person except as provided by subsection (3).

(5) An office-holder is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Minister for Finance.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 16
Termination of employment

SECT

16. (1) The employment of a person under this Part terminates if the office-holder by whom the person was employed dies.

(2) The employment of a person under this Part terminates if:
(a) in the case of a person employed by a person who holds a relevant office-the last-mentioned person ceases to hold the relevant office;
(b) in the case of a person employed by a Senator in respect of whom a determination by the Prime Minister under section 12 is in force-the Senator ceases to be a Senator or the determination is revoked; or
(c) in the case of a person employed by a Member of the House of Representatives in respect of whom a determination by the Prime Minister under section 12 is in force-the Member ceases to be a Member of the House of Representatives or the determination is revoked.

(2A) For the purposes of paragraph (2) (b), a Senator shall be deemed not to have ceased to be a Senator while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as a Senator.

(2B) For the purposes of paragraph (2) (c), a Member of the House of Representatives shall be deemed not to have ceased to be such a Member while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as such a Member.

(3) An office-holder may at any time, by notice in writing given to a person employed by the office-holder under this Part, terminate the person's employment.

(4) A person employed by an office-holder under this Part may at any time, by notice in writing given to the office-holder, terminate the person's employment.

(5) Where the employment of a person under this Part is terminated by subsection (1) or (2), the Prime Minister may by writing direct that the employment of the person shall be deemed:
(a) not to have been so terminated; and
(b) to have continued, or to continue, until a specified date;
and, where the Prime Minister so directs, the employment of the person under this Part shall for all purposes be deemed to have continued, or to continue, until that date.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 17
Rights of officers employed by office-holders

SECT

17. (1) For the purposes of the Public Service Act, an officer who is employed under this Part shall, while the employment continues, be deemed to be employed as the holder of a Commonwealth office within the meaning of Part IV of that Act.

(2) An officer employed under this Part may, by notice in writing given to the Agency:
(a) before the termination of the employment under section 16; or
(b) before the expiration of the period of 30 days, or such further period as the Agency allows, after the termination of the employment under section 16;
make an application to the Agency for the making of a determination under this section.

(3) The Agency shall refer an application made to it under subsection (2) to a Re-integration Assessment Committee.

(4) The Re-integration Assessment Committee to which an application under subsection (2) is referred shall inquire into the application and shall, having regard to:
(a) the office in the Australian Public Service held by the officer before being employed under this Part;
(b) the duration of the officer's employment under this Part;
(c) the nature of the duties performed by the officer while employed under this Part; and
(d) any other matter that in the opinion of the Committee is relevant;
determine the classification (being a classification that is the same as, or higher than, the classification of the officer as an unattached officer at the time of the determination) that the officer is to have as an unattached officer in the Australian Public Service and, unless there is only one rate of salary applicable in respect of the classification so determined, the rate of salary at which the officer is to be paid.

(5) A determination under subsection (4) in relation to an officer shall be reduced to writing and copies of the determination shall be furnished to the Board and to the officer.

(6) A determination under subsection (4) in relation to an officer takes effect, or shall be deemed to have taken effect, upon the termination under section 16 of the employment of the officer under this Part.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 18
Rights of relevant public servants employed by office-holders

SECT

18. (1) For the purposes of the Public Service Act, a relevant public servant who is employed under this Part shall, subject to subsection (2), while the employment continues, be deemed to be on leave without pay but the service of the relevant public servant in that employment, while the relevant public servant is so deemed to be on leave, shall be taken into account as if it were service as a relevant public servant.

(2) A relevant public servant who was selected for employment under the Public Service Act, or whose employment under that Act was authorized, on the condition that the employment should not continue after the expiration of a specified period or on the condition that the employment should not continue after the completion of specified work shall, for the purposes of that Act, be deemed to cease to be a relevant public servant at the expiration of that period or the completion of that work, as the case may be.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 19
Power to employ electorate staff not affected

SECT

19. Nothing in this Part affects the power of an office-holder who is a Senator or a Member of the House of Representatives to employ staff under Part IV.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - PART IV
PART IV-STAFF OF SENATORS AND MEMBERS

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 20
Senators and Members may employ staff

SECT

20. (1) A Senator or a Member of the House of Representatives may, on behalf of the Commonwealth, employ, under an agreement in writing, a person as a member of the staff of the Senator or Member.

(2) The power conferred on a Senator or Member of the House of Representatives by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Prime Minister, and the exercise of that power is subject to such conditions as are determined by the Prime Minister.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 21
Terms and conditions of employment

SECT

21. (1) Subject to subsection (2) and to any applicable determination made under subsection (3), the terms and conditions of employment of a person employed by a Senator or Member of the House of Representatives under this Part, other than terms and conditions (in this section referred to as "prescribed terms and conditions") relating to any matter in relation to which:
(a) a determination is to be made by the Senator or Member under section 22; or
(b) express provision is made by section 23;
are the same as the terms and conditions applicable in relation to an officer performing the duties of an office in the Australian Public Service having a classification specified in the agreement for the employment of the person.

(2) Notwithstanding anything in subsection (1) or in the Commonwealth Employees (Redeployment and Retirement) Act 1979, that Act does not apply in relation to the employment of a person under this Part.

(3) The Prime Minister may by writing determine that the terms and conditions of employment of a person employed under this Part (other than prescribed terms and conditions) are varied (whether by the variation of particular terms and conditions or by the inclusion of new terms and conditions, not being prescribed terms and conditions) as specified in the determination.

(4) A determination under subsection (3) may be expressed to apply in relation to all persons employed under this Part, in relation to all persons included in a class of persons so employed or in relation to a specified person so employed.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 22
Superannuation

SECT

22. (1) In this section:
"prescribed modification", in relation to the Superannuation Act, means a modification of a reference in section 11 of that Act to a period;
"relevant person" means a person other than:
(a) a person who, immediately before being employed under this Part, was an eligible employee within the meaning of the Superannuation Act; or
(b) a pensioner.

(2) An agreement under section 20 for the employment by a Senator or Member of the House of Representatives of a relevant person as a member of the staff of the Senator or Member may contain provisions determined by the Senator or Member in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

(3) Without limiting the generality of subsection (2), an agreement under section 20 for the employment of a relevant person may provide:
(a) that the Superannuation Act applies in relation to the person as if the person were a temporary employee within the meaning of that Act; or
(b) that the Superannuation Act, with a prescribed modification or prescribed modifications set out in the agreement, applies in relation to the person as if the person were a temporary employee within the meaning of that Act;
and, where an agreement so provides, the Superannuation Act applies in relation to the person in accordance with the agreement.

(4) Notwithstanding anything in the Superannuation Act or any other Act, the Superannuation Act:
(a) does not apply in relation to a relevant person employed under this Part unless the application of that Act is expressly provided for, in accordance with subsection (3), in the agreement for the employment of the person; and
(b) does not apply in relation to such a person except as provided by subsection (3).

(5) A Senator or a Member of the House of Representatives is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Minister for Finance.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 23
Termination of employment

SECT

23. (1) The employment of a person under this Part terminates if the Senator or Member of the House of Representatives by whom the person was employed:
(a) dies; or
(b) ceases to be a Senator or a Member of the House of Representatives, as the case may be.

(1A) For the purposes of paragraph (1) (b):
(a) a Senator shall be deemed not to have ceased to be a Senator while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as a Senator; and
(b) a Member of the House of Representatives shall be deemed not to have ceased to be such a Member while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as such a Member.

(2) A Senator or Member of the House of Representatives may at any time, by notice in writing given to a person employed by the Senator or Member under this Part, terminate the person's employment.

(3) A person employed by a Senator or Member of the House of Representatives under this Part may at any time, by notice in writing given to the Senator or Member, terminate the person's employment.

(4) Where the employment of a person under this Part is terminated by subsection (1), the Prime Minister may, by writing direct that the employment of the person shall be deemed:
(a) not to have been so terminated; and
(b) to have continued, or to continue, until a specified date;
and, where the Prime Minister so directs, the employment of the person under this Part shall for all purposes be deemed to have continued, or to continue, until that date.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 24
Rights of officers employed by Senators and Members

SECT

24. (1) For the purposes of the Public Service Act, an officer who is employed under this Part shall, while the employment continues, be deemed to be employed as the holder of a Commonwealth office within the meaning of Part IV of that Act.

(2) An officer employed under this Part may, by notice in writing given to the Agency:
(a) before the termination of the employment under section 23; or
(b) before the expiration of the period of 30 days, or such further period as the Agency allows, after the termination of the employment under section 23;
make an application to the Agency for the making of a determination under this section.

(3) The Agency shall refer an application made to it under subsection (2) to a Re-integration Assessment Committee.

(4) The Re-integration Assessment Committee to which an application under subsection (2) is referred shall inquire into the application and shall, having regard to:
(a) the office in the Australian Public Service held by the officer before being employed under this Part;
(b) the duration of the officer's employment under this Part;
(c) the nature of the duties performed by the officer while employed under this Part; and
(d) any other matter that in the opinion of the Committee is relevant;
determine the classification (being a classification that is the same as, or higher than, the classification of the officer as an unattached officer at the time of the determination) that the officer is to have as an unattached officer in the Australian Public Service and, unless there is only one rate of salary applicable in respect of the classification so determined, the rate of salary at which the officer is to be paid.

(5) A determination under subsection (4) in relation to an officer shall be reduced to writing and copies of the determination shall be furnished to the Board and to the officer.

(6) A determination under subsection (4) in relation to an officer takes effect, or shall be deemed to have taken effect, upon the termination under section 23 of the employment of the officer under this Part.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 25
Rights of relevant public servants employed by Senators and Members

SECT

25. (1) For the purposes of the Public Service Act, a relevant public servant who is employed under this Part shall, subject to subsection (2), while the employment continues, be deemed to be on leave without pay but the service of the relevant public servant in that employment, while the relevant public servant is so deemed to be on leave, shall be taken into account as if it were service as a relevant public servant.

(2) A relevant public servant who was selected for employment under the Public Service Act, or whose employment under that Act was authorized, on the condition that the employment should not continue after the expiration of a specified period or on the condition that the employment should not continue after the completion of specified work shall, for the purposes of that Act, be deemed to cease to be a relevant public servant at the expiration of that period or the completion of that work, as the case may be.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - PART VI
VI-MISCELLANEOUS

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 31
Annual report

SECT

31. As soon as practicable after 30 June in each year, the Prime Minister shall cause to be prepared a report:
(a) setting out, in respect of each Minister who held office at any time during the year ending on that 30 June, the name of each consultant engaged by the Minister under section 4 during that year and the name of each consultant engaged by the Minister under section 4 before the commencement of that year who performed tasks during that year pursuant to the engagement; and
(b) specifying, in respect of each consultant named pursuant to paragraph (a):
(i) the period of engagement of the consultant;
(ii) which of the provisions referred to in subsection 4 (2)
is or are included in the agreement under which the consultant was engaged;
(iii) where the agreement under which the consultant was
engaged contained a provision of the kind referred to in paragraph 4 (2) (a) or (c)-the tasks specified in the agreement for the purposes of that provision; and
(iv) where the agreement under which the consultant was
engaged contained a provision of the kind referred to in paragraph 4 (2) (b) or (d)-the general nature of the tasks that the consultant was engaged to perform;
and shall cause a copy of the report to be laid before each House of the Parliament.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 32
Powers may be exercised by authorised person

SECT

32. An office-holder, Senator or Member of the House of Representatives may, in writing, authorise another person to exercise, on his or her behalf, a power conferred on the office-holder, Senator or Member by Part III or IV of this Act, and a person so authorised may exercise the power accordingly.

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 33
Regulations

SECT

33. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.