Commonwealth of Australia

 

Australian Broadcasting Corporation Act 1983

 

Australian Broadcasting Corporation (Definition of senior political staff member) Instrument 2014

 

 

I, MALCOLM BLIGH TURNBULL, Minister for Communications, make this instrument under subsection 3(3) of the Australian Broadcasting Corporation Act 1983.

 

 

Dated 29 January2014

 

 

 

MALCOLM TURNBULL

Minister for Communications

 

 

____________________

 

 

1.  Name of instrument

 

This legislative instrument is the Australian Broadcasting Corporation (Definition of senior political staff member) Instrument 2014.
 

2.  Commencement

 

This legislative instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
 

3.  Definitions

Legislature of a Territory means:

(a)   the Legislative Assembly for the Australian Capital Territory; or

(b)   the Legislative Assembly of the Northern Territory.

Minister means a Minister of State for a State or a Territory.

 

 

4. Specified classes of persons

The following classes of persons are specified for the purpose of defining a senior political staff member:

 

4.1 Class A – Federal

 

(a)   A person employed under the Members of Parliament (Staff) Act 1984 (Cth) and who occupies a position in the “senior staff” classification as defined by the Commonwealth Members of Parliament Staff Enterprise Agreement 2012-2015 made under the Fair Work Act 2009.

 

4.2 Class B – State or Territory

 

(a)   A person employed in a senior position by or on behalf of a member of a State Parliament or a Legislature of a Territory to primarily provide advice about policy matters, the communication of policy matters to the public, and/or parliamentary matters.

 

(b)   Without limiting paragraph 4.2(a), a person is deemed to be employed in a senior position if the position is known by one of the following designations:

(i)            Chief of Staff;

(ii)            Deputy Chief of Staff;

(iii)            Principal Adviser (however described);

(iv)            Senior Adviser (however described);

(v)            Senior Media Adviser (however described);

(vi)            Specialist Adviser (however described).

 

(c)   For the purpose of subsection 4.2, examples of advice about policy matters include:

(i)            developing policy proposals for the consideration of the member;

(ii)            analysing policy proposals and making recommendations to the member;

(iii)            participating in policy discussions with or on behalf of the member;

(iv)            where the member is a Minister, working with public sector employees to implement policies.