MEMBERS OF PARLIAMENT (STAFF) ACT 1984
- Updated as at 24 March 1994 (#DATE 24:03:1994)
*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 of Date of Application,
Number Assent commencement saving or
and year transitional
provisions
Members of Parliament (Staff) Act 1984
64, 1984 25 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 (a) S. 159
Ss. 145-148: 1 Jan 1986 (6)
(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 (d) Ss. 11
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
Superannuation Legislation (Consequential Amendments and Transitional
Provisions) Act 1992
94, 1992 30 June 1992 S. 3: 1 July 1990 S. 6
Remainder: Royal Assent
(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 - come
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; No. 94, 1992
S. 8 am. No. 94, 1992
S. 11 am. No. 63, 1984 (as am. by No. 165, 1984)
S. 15 am. No. 94, 1992
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. 22 am. No. 94, 1992
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
PART VI - MISCELLANEOUS
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:
(aa) a person to whom an invalidity pension, within the meaning of the
Superannuation Act 1990 is payable; or
(a) a person to whom an invalidity pension within the meaning of the
Superannuation Act 1976 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.
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:
"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 1976; or
(ab) a person who, immediately before being engaged under this Part, was a
member of the superannuation scheme established by deed under the
Superannuation Act 1990; 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, if the person was engaged before 1 July 1990, the Superannuation
Act 1976 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 1976
applies in relation to the person in accordance with the agreement.
(3A) Without limiting subsection (2), a relevant agreement for the
engagement of a relevant person after 30 June 1990 as a consultant may provide
that the Superannuation Act 1976 applies in relation to the person as if the
person were a temporary employee within the meaning of section 13 of that Act
if:
(a) immediately before the person was so engaged, deferred benefits were
applicable to him or her under that Act or the Superannuation Act 1922; or
(b) the person became, by virtue of his or her being so engaged, a
re-employed former contributor with preserved rights within the meaning of the
Superannuation Act 1976.
(3B) Where a relevant agreement so provides, the Superannuation Act 1976
applies in relation to the person in accordance with the agreement.
(3C) Without limiting subsection (2), a relevant agreement for the
engagement of a relevant person as a consultant may provide that the
Superannuation Act 1990 applies in relation to the person as if the person
were a temporary employee within the meaning of that Act if the relevant
person:
(a) is engaged after 30 June 1990; and
(b) is not a person to whom paragraph (3A) (a) or (b) applies.
(3D) Where a relevant agreement so provides, the Superannuation Act 1990
applies in relation to the person in accordance with the agreement.
(4) Notwithstanding anything in the Superannuation Act 1976 or any other
Act, the Superannuation Act 1976:
(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) or (3A), 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) or (3B).
(4A) The Superannuation Act 1990 applies in relation to a relevant person if
the person makes a declaration and election under subsection 244 (1) of the
Superannuation Act 1976.
(4B) If the relevant person revokes, under section 247 of the Superannuation
Act 1976, the declaration and election made under subsection 244 (1) of that
Act, subsection (4) applies in relation to the person as if he or she had not
made the declaration and election.
(4C) Subject to subsection (4A), in spite of anything in the Superannuation
Act 1990 or any other Act, the Superannuation Act 1990:
(a) applies in relation to a relevant person engaged as a consultant under
this Part only if the application of that Act is expressly provided for in the
agreement for the engagement of the person; and
(b) applies in relation to such a person only as provided by subsection
(3D).
(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:
"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 1976;or
(ab) a person who, immediately before being employed under this Part, was a
member of the superannuation scheme established by deed under the
Superannuation Act 1990; 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, if the person was employed before 1 July 1990, the Superannuation
Act 1976 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 1976 applies in
relation to the person in accordance with the agreement.
(3A) Without limiting subsection (2), an agreement, under section 13, for
the employment of a relevant person after 30 June 1990 may provide that the
Superannuation Act 1976 applies in relation to the person as if the person
were a temporary employee within the meaning of section 11 of that Act if:
(a) immediately before the person was so employed, deferred benefits were
applicable to him or her under that Act or the Superannuation Act 1922; or
(b) the person became, by virtue of his or her being so employed, a
re-employed former contributor with preserved rights within the meaning of the
Superannuation Act 1976.
(3B) Where an agreement so provides, the Superannuation Act 1976 applies in
relation to the person in accordance with the agreement.
(3C) Without limiting subsection (2), an agreement, under section 13, for
the employment of a relevant person may provide that the Superannuation Act
1990 applies in relation to the person as if the person were a temporary
employee within the meaning of that Act if the relevant person:
(a) is engaged after 30 June 1990; and
(b) is not a person to whom paragraph (3A) (a) or (b) applies.
(3D) Where an agreement so provides, the Superannuation Act 1990 applies in
relation to the person in accordance with the agreement.
(4) Notwithstanding anything in the Superannuation Act 1976 or any other
Act, the Superannuation Act 1976:
(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) or (3A), 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) or (3B).
(4A) The Superannuation Act 1990 applies in relation to a relevant person if
the person makes a declaration and election under subsection 244 (1) of the
Superannuation Act 1976.
(4B) If the relevant person revokes, under section 247 of the Superannuation
Act 1976, the declaration and election made under subsection 244 (1) of that
Act, subsection (4) applies in relation to the person as if he or she had not
made the declaration and election.
(4C) Subject to subsection (4A), in spite of anything in the Superannuation
Act 1990 or any other Act, the Superannuation Act 1990:
(a) applies in relation to a relevant person employed under this Part only
if the application of that Act is expressly provided for in the agreement for
the employment of the person; and
(b) applies in relation to such a person only as provided by subsection
(3D).
(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:
"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 1976; or
(ab) a person who, immediately before being employed under this Part, was a
member of the superannuation scheme established by deed under the
Superannuation Act 1990; 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, if the person was employed before 1 July 1990, the Superannuation
Act 1976 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 1976 applies in
relation to the person in accordance with the agreement.
(3A) Without limiting subsection (2), an agreement, under section 20, for
the employment of a relevant person after 30 June 1990 may provide that the
Superannuation Act 1976 applies in relation to the person as if the person
were a temporary employee within the meaning of section 11 of that Act if:
(a) immediately before the person was so employed, deferred benefits were
applicable to him or her under that Act or the Superannuation Act 1922; or
(b) the person became, by virtue of his or her being so employed, a
re-employed former contributor with preserved rights within the meaning of the
Superannuation Act 1976.
(3B) Where an agreement so provides, the Superannuation Act 1976 applies in
relation to the person in accordance with the agreement.
(3C) Without limiting subsection (2), an agreement, under section 20, for
the employment of a relevant person may provide that the Superannuation Act
1990 applies in relation to the person as if the person were a temporary
employee within the meaning of that Act if the relevant person:
(a) is engaged after 30 June 1990; and
(b) is not a person to whom paragraph (3A) (a) or (b) applies.
(3D) Where an agreement so provides, the Superannuation Act 1990 applies in
relation to the person in accordance with the agreement.
(4) Notwithstanding anything in the Superannuation Act 1976 or any other
Act, the Superannuation Act 1976:
(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) or (3A), 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) or (3B).
(4A) The Superannuation Act 1990 applies in relation to a relevant person if
the person makes a declaration and election under subsection 244 (1) of the
Superannuation Act 1976.
(4B) If the relevant person revokes, under section 247 of the Superannuation
Act 1976, the declaration and election made under subsection 244 (1) of that
Act, subsection (4) applies in relation to the person as if he or she had not
made the declaration and election.
(4C) Subject to subsection (4A), in spite of anything in the Superannuation
Act 1990 or any other Act, the Superannuation Act 1990:
(a) applies in relation to a relevant person employed under this Part only
if the application of that Act is expressly provided for in the agreement for
the employment of the person; and
(b) applies in relation to such a person only as provided by subsection
(3D).
(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
PART 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.