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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Members of Parliament Staff Bill 2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Additional political office holders 2
Part 2 Staff of political office holders
5 Political office holders may employ staff 4
6 Terms of written employment agreement 4
7 Conditions of employment 4
8 Termination of employment 4
9 Temporary staff assignments 5
10 Administrative support services 5
11 Delegation by Premier 5
12 Delegation by political office holder 5
b2013-034-35.d18
Members of Parliament Staff Bill 2013
Contents
Page
13 Delegation of expenditure of money appropriated to
Premier for staff of political office holders 6
Part 3 Staff of members of Parliament
14 Members of Parliament may employ staff 7
15 Employment of additional staff by special office holders 7
16 Staff to be employed subject to arrangements approved
by Presiding Officers 7
17 Terms of written employment agreement 7
18 Number of staff 8
19 Conditions of employment 8
20 Termination of employment 8
21 Administrative support services 9
22 Delegation by Presiding Officers 9
23 Employment of staff under this Part by political office
holders 9
24 Vicarious liability for certain torts committed by members
of Parliament 10
25 Other liability of members of Parliament as employers 10
Part 4 Miscellaneous
26 Industrial proceedings excluded 11
27 Regulations 11
Schedule 1 Special office holders 12
Schedule 2 Savings, transitional and other provisions 13
Schedule 3 Amendment of Acts 17
Contents page 2
New South Wales
Members of Parliament Staff Bill 2013
No , 2013
A Bill for
An Act relating to the employment of staff by members of Parliament and by
Ministers and certain other political office holders.
Clause 1 Members of Parliament Staff Bill 2013
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Members of Parliament Staff Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
conditions of employment has the same meaning as in the Industrial 9
Relations Act 1996. 10
function includes a power, authority or duty and exercise a function 11
includes perform a duty. 12
member of Parliament means a member of the Legislative Council or 13
a member of the Legislative Assembly. 14
political office holder means: 15
(a) a Minister, or 16
(b) the Leader of the Opposition in the Legislative Assembly, or 17
(c) the holder of a Parliamentary office in respect of which a 18
determination under section 4 is in force. 19
Presiding Officer means the President of the Legislative Council or the 20
Speaker of the Legislative Assembly. 21
relevant Presiding Officer means: 22
(a) in relation to a person employed under Part 3 by a member of the 23
Legislative Council--the President of the Legislative Council, or 24
(b) in relation to a person employed under Part 3 by a member of the 25
Legislative Assembly--the Speaker of the Legislative Assembly. 26
special office holder means a member of Parliament who holds an 27
office specified in Schedule 1. 28
(2) Notes included in this Act do not form part of this Act. 29
4 Additional political office holders 30
(1) The Premier may, having regard to the duties associated with a 31
Parliamentary office held by a member of Parliament, determine that 32
the holder of that office is entitled to employ staff under Part 2 in the 33
member's capacity as a political office holder. 34
Page 2
Members of Parliament Staff Bill 2013 Clause 4
Preliminary Part 1
(2) A determination under this section: 1
(a) cannot be made in respect of a special office holder, and 2
(b) may be varied or revoked by the Premier. 3
(3) Any such determination, including any variation or revocation, is 4
required to be published in the Gazette. 5
Page 3
Clause 5 Members of Parliament Staff Bill 2013
Part 2 Staff of political office holders
Part 2 Staff of political office holders 1
5 Political office holders may employ staff 2
(1) A political office holder may, on behalf of the State, employ a person 3
under a written agreement as a member of the office holder's staff. 4
(2) Any such written agreement may be varied or replaced by a further 5
agreement in writing. 6
(3) The power of a political office holder to employ staff under this Part 7
may be exercised only in accordance with arrangements approved by 8
the Premier and the exercise of that power is subject to such conditions 9
as are determined by the Premier. 10
(4) Without limiting subsection (3), the Premier may determine the number 11
of staff that a political office holder may employ under this Part. 12
6 Terms of written employment agreement 13
(1) The Premier may approve a model agreement for the employment of 14
staff under this Part. The model agreement may be varied or replaced 15
with the approval of the Premier. 16
(2) The written agreement by which a person is employed under this Part 17
must be in the terms of the model agreement as approved for the time 18
being by the Premier. 19
(3) However, any such written agreement of employment may, with the 20
approval of the Premier, contain different or additional terms. 21
7 Conditions of employment 22
(1) The Premier may from time to time determine the conditions of 23
employment of persons employed under this Part. 24
(2) The conditions of employment of a person employed under this Part are, 25
except in so far as provision is otherwise made by the person's written 26
agreement of employment, such as may be fixed by a determination 27
made under this section. 28
8 Termination of employment 29
(1) The employment of a person under this Part by a political office holder 30
terminates: 31
(a) if the political office holder ceases to hold that office for any 32
reason (even if, after ceasing to hold that office, he or she 33
immediately becomes a political office holder), or 34
(b) on the day appointed for the taking of the poll for the next general 35
election, or 36
Page 4
Members of Parliament Staff Bill 2013 Clause 9
Staff of political office holders Part 2
(c) if the person resigns by letter addressed to the political office 1
holder, or 2
(d) if the services of the person are dispensed with by the political 3
office holder. 4
(2) The Premier may direct in a particular case that the employment of a 5
person that would otherwise terminate because of the operation of 6
subsection (1) (a) or (b) does not terminate. In that case, the person's 7
employment continues for such period as the Premier directs and the 8
person is taken to be employed by the Premier during that period. 9
(3) A political office holder may at any time dispense with the services of 10
a person employed by the office holder under this Part. 11
(4) This section has effect despite anything in the written agreement of 12
employment of the person concerned. 13
9 Temporary staff assignments 14
A person who is employed under this Part by a political office holder 15
may be temporarily assigned to carry out work for another political 16
office holder in accordance with arrangements made by those political 17
office holders. 18
10 Administrative support services 19
The Secretary of the Department of Premier and Cabinet is to provide 20
administrative and other support services (including information 21
technology services) for political office holders and their staff. 22
11 Delegation by Premier 23
(1) The Premier may delegate to an authorised person any of the Premier's 24
functions under this Part, other than this power of delegation. 25
(2) In this section: 26
authorised person means any of the following: 27
(a) the holder of a statutory office, 28
(b) a political office holder or member of staff of a political office 29
holder, 30
(c) a person employed in the service of the Crown, 31
(d) a person authorised by the regulations. 32
12 Delegation by political office holder 33
A political office holder may delegate to a member of the political office 34
holder's staff any of the office holder's functions under this Part in 35
relation to other members of the office holder's staff. 36
Page 5
Clause 13 Members of Parliament Staff Bill 2013
Part 2 Staff of political office holders
13 Delegation of expenditure of money appropriated to Premier for staff of 1
political office holders 2
A reference in section 12A of the Public Finance and Audit Act 1983 to 3
an officer of an authority is taken to include a reference to a member of 4
staff of a political office holder. 5
Page 6
Members of Parliament Staff Bill 2013 Clause 14
Staff of members of Parliament Part 3
Part 3 Staff of members of Parliament 1
14 Members of Parliament may employ staff 2
(1) A member of Parliament may, on behalf of the State, employ a person 3
under a written agreement to assist the member in exercising his or her 4
functions as a member of Parliament. 5
(2) Any such written agreement may be varied or replaced by a further 6
agreement in writing. 7
15 Employment of additional staff by special office holders 8
(1) A member of Parliament who holds an office specified in Schedule 1 9
may, in his or her capacity as a special office holder and in addition to 10
the entitlement to employ staff under section 14, employ a person on 11
behalf of the State under a written agreement to assist the special office 12
holder in exercising the functions of that office. 13
(2) Any such written agreement may be varied or replaced by a further 14
agreement in writing. 15
(3) The regulations may amend Schedule 1 by inserting, altering or 16
omitting the description of an office held by a member of Parliament. 17
(4) A regulation under subsection (3) may be made only on the joint 18
recommendation of the Presiding Officers. 19
16 Staff to be employed subject to arrangements approved by Presiding 20
Officers 21
(1) The power of a member of Parliament to employ staff under this Part 22
may be exercised only in accordance with arrangements approved by 23
the relevant Presiding Officer and the exercise of that power is subject 24
to such conditions as are determined by the relevant Presiding Officer. 25
(2) This section is subject to section 18. 26
17 Terms of written employment agreement 27
(1) The relevant Presiding Officer may approve a model agreement for the 28
employment of staff under this Part. Any such model agreement may be 29
varied or replaced with the approval of the relevant Presiding Officer. 30
(2) The written agreement by which a person is employed under this Part 31
must be in the terms of the model agreement as approved for the time 32
being by the relevant Presiding Officer. 33
(3) However, any such written agreement may, with the written approval of 34
the relevant Presiding Officer, contain different or additional terms. 35
Page 7
Clause 18 Members of Parliament Staff Bill 2013
Part 3 Staff of members of Parliament
18 Number of staff 1
The number of persons: 2
(a) that a member of Parliament is entitled to employ under 3
section 14, and 4
(b) that a special office holder (other than the President or Deputy 5
President of the Legislative Council or the Speaker or Deputy 6
Speaker of the Legislative Assembly) is entitled to employ under 7
section 15, 8
is to be determined in accordance with a determination by the 9
Parliamentary Remuneration Tribunal. 10
19 Conditions of employment 11
(1) The relevant Presiding Officer may from time to time determine the 12
conditions of employment of persons employed under this Part. 13
(2) The conditions of employment of a person employed under this Part are, 14
except in so far as provision is otherwise made by the person's written 15
agreement of employment, such as may be fixed by a determination 16
made under this section. 17
20 Termination of employment 18
(1) The employment of a person under this Part by a member of Parliament 19
terminates: 20
(a) in the case of a person employed by a member of Parliament 21
under section 14--if the member ceases to be a member of 22
Parliament, or 23
(b) in the case of a person employed by a member of the Legislative 24
Council under section 14--if the member becomes a political 25
office holder, or 26
(c) in the case of a person employed by a member of Parliament in 27
his or her capacity as a special office holder under section 15--if 28
the member of Parliament ceases to be a special office holder or 29
a member of Parliament, or 30
(d) on the day appointed for the taking of the poll for the next general 31
election, or 32
(e) if the person resigns by letter addressed to the member of 33
Parliament, or 34
(f) if the person's services are dispensed with by the member of 35
Parliament. 36
(2) The relevant Presiding Officer may direct in a particular case that the 37
employment of a person that would otherwise terminate because of the 38
Page 8
Members of Parliament Staff Bill 2013 Clause 21
Staff of members of Parliament Part 3
operation of subsection (1) (a)-(d) does not terminate. In that case, the 1
person's employment continues for such period as the relevant 2
Presiding Officer directs and the person is taken to be employed by the 3
relevant Presiding Officer during that period. 4
(3) A member of Parliament may at any time dispense with the services of 5
a person employed by the member of Parliament under this Part. 6
(4) This section has effect despite anything in the written agreement of 7
employment of the person concerned. 8
21 Administrative support services 9
Each of the following is to provide administrative and other support 10
services in relation to staff employed by members of Parliament under 11
this Part: 12
(a) the Clerk of the Parliaments, 13
(b) the Clerk of the Legislative Assembly, 14
(c) the Executive Manager, Parliamentary Services in the 15
Parliament's Department of Parliamentary Services. 16
22 Delegation by Presiding Officers 17
(1) The President of the Legislative Council may delegate any of the 18
President's functions under this Part (other than this power of 19
delegation) to: 20
(a) the Clerk of the Parliaments, or 21
(b) the Executive Manager, Parliamentary Services in the 22
Parliament's Department of Parliamentary Services. 23
(2) The Speaker of the Legislative Assembly may delegate any of the 24
Speaker's functions under this Part (other than this power of delegation) 25
to: 26
(a) the Clerk of the Legislative Assembly, or 27
(b) the Executive Manager, Parliamentary Services in the 28
Parliament's Department of Parliamentary Services. 29
23 Employment of staff under this Part by political office holders 30
(1) This Part extends to a member of Parliament who is a political office 31
holder. 32
(2) However, a member of Parliament who is a political office holder: 33
(a) is not authorised to employ persons under this Part to assist the 34
member in exercising his or her functions as a political office 35
holder, and 36
Page 9
Clause 24 Members of Parliament Staff Bill 2013
Part 3 Staff of members of Parliament
(b) is not, if the member employs persons under Part 2, authorised: 1
(i) to employ persons under section 14 if the member is a 2
member of the Legislative Council, or 3
(ii) to employ persons under section 15. 4
24 Vicarious liability for certain torts committed by members of Parliament 5
(1) This section applies to a tort that is committed by a member of 6
Parliament: 7
(a) in relation to a person employed by the member under this Part, 8
and 9
(b) in the course of or incidental to exercising the member's 10
functions as a member of Parliament. 11
(2) Any vicarious liability in respect of a tort to which this section applies 12
that would, but for this section, be the vicarious liability of the Crown 13
is, despite any provision of the Law Reform (Vicarious Liability) Act 14
1983, the vicarious liability of the office of the relevant Presiding 15
Officer. 16
(3) This section does not apply to a tort committed by a member of 17
Parliament before the commencement of this section. 18
25 Other liability of members of Parliament as employers 19
(1) Any liability incurred under any Act or law by a member of Parliament 20
in his or her capacity as the employer of persons under this Part is taken 21
to be the liability of the office of the relevant Presiding Officer. 22
(2) Subsection (1) does not affect the liability of a member of Parliament 23
for any act or omission for which the member would be liable if the 24
member were not an employer of persons under this Part. 25
Page 10
Members of Parliament Staff Bill 2013 Clause 26
Miscellaneous Part 4
Part 4 Miscellaneous 1
26 Industrial proceedings excluded 2
(1) In this section, a reference to the employment of a staff member is a 3
reference to: 4
(a) the engagement of, or failure to engage, a person under this Act, 5
or 6
(b) dispensing with the services of, or other termination of the 7
employment of, a person employed under this Act, or 8
(c) any disciplinary proceedings or action taken against a person 9
employed under this Act, or 10
(d) the remuneration or other conditions of employment of a person 11
employed under this Act. 12
(2) The employment of a staff member, or any matter, question or dispute 13
relating to any such employment, is not an industrial matter for the 14
purposes of the Industrial Relations Act 1996. 15
(3) Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not 16
apply to or in respect of the employment of a staff member. 17
(4) Any State industrial instrument (whether made before or after the 18
commencement of this section) does not have effect in so far as it relates 19
to the employment of staff members. 20
(5) No proceedings for an order in the nature of prohibition, certiorari or 21
mandamus or for a declaration or injunction or for any other relief, lie 22
in respect of a matter that is declared by this section not to be an 23
industrial matter for the purposes of the Industrial Relations Act 1996. 24
27 Regulations 25
(1) The Governor may make regulations, not inconsistent with this Act, for 26
or with respect to any matter that by this Act is required or permitted to 27
be prescribed or that is necessary or convenient to be prescribed for 28
carrying out or giving effect to this Act. 29
(2) The Minister is not to recommend the making of a regulation relating to 30
the employment of persons under Part 3 unless the Minister has certified 31
that the relevant Presiding Officer has been consulted on the proposed 32
regulation. 33
(3) Subsection (2) does not apply in relation to a regulation made under 34
section 15 (3). 35
Page 11
Members of Parliament Staff Bill 2013
Schedule 1 Special office holders
Schedule 1 Special office holders 1
(Section 15) 2
Government Whip 3
Opposition Whip 4
Whip of a recognised party with 10 or more members in the Legislative Assembly 5
(other than the Government or Opposition Whip) 6
Speaker of the Legislative Assembly 7
Deputy Speaker of the Legislative Assembly 8
President of the Legislative Council 9
Deputy President of the Legislative Council 10
Page 12
Members of Parliament Staff Bill 2013
Savings, transitional and other provisions Schedule 2
Schedule 2 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Existing ministerial staff 21
A person who, immediately before the commencement of Part 2 of this 22
Act, was employed under Part 2.5 of the Public Sector Employment and 23
Management Act 2002 as a special temporary employee in the office of 24
a Minister or the Leader of the Opposition is, on that commencement, 25
taken to be employed under and in accordance with Part 2 of this Act by 26
that Minister or by the Leader of the Opposition (as the case requires). 27
3 Existing employees of members of Parliament 28
A person who, immediately before the commencement of Part 3 of this 29
Act, was employed (otherwise than under Part 2.5 of the Public Sector 30
Employment and Management Act 2002) to assist a member of 31
Parliament or a special office holder to exercise the member's or office 32
holder's functions is, on that commencement taken to be employed 33
under and in accordance with Part 3 of this Act by that member of 34
Parliament or special office holder (as the case requires). 35
Page 13
Members of Parliament Staff Bill 2013
Schedule 2 Savings, transitional and other provisions
4 Provisions relating to persons deemed to be employed under this Act 1
An existing staff member to whom clause 2 or 3 applies: 2
(a) retains any rights to annual leave, extended or long service leave 3
or sick leave accrued in his or her employment as an existing staff 4
member (including any existing right to cash out accrued annual 5
leave), and 6
(b) retains any existing right to continue to contribute to any State 7
superannuation scheme or fund in respect of which the person is 8
a member, and 9
(c) is not entitled to receive any payment or other benefit (including 10
in the nature of severance pay or redundancy or other 11
compensation) merely because the staff member ceases to be in 12
the employment from which the staff member was transferred by 13
the operation of this Part, and 14
(d) is not (except to the extent as provided by paragraph (a)) entitled 15
to elect to be paid the money value of any extended or annual 16
leave that the staff member accrued in the employment from 17
which the staff member was transferred by the operation of this 18
Part, and 19
(e) is not entitled to claim, both under this or any other Act, dual 20
benefits of the same kind for the same period of service. 21
5 Appropriation for staff of political office holders 22
An appropriation under an annual Appropriation Act to the Premier for 23
the recurrent services of the Department of Premier and Cabinet in 24
respect of the financial year in which Part 2 of this Act commences is 25
taken to include an appropriation for the purposes of the employment of 26
persons by political office holders under that Part. 27
6 Application of Order made under Constitution Act 1902 28
The Order made under section 47 of the Constitution Act 1902 and 29
published in the Gazette on 2 May 1952 does not apply in relation to the 30
employment of persons under Part 3 of this Act. 31
7 Records of political office holders 32
(1) Any record of information created or received by a political office 33
holder or the staff of a political office holder that is stored by a person 34
employed in the Department of Premier and Cabinet in connection with 35
the provision of information technology services for the office holder or 36
his or her staff is, for all purposes while the political office holder is 37
holding that office, taken to be in the possession or under the control of 38
the political office holder and not in the possession or under the control 39
of the Department of Premier and Cabinet. 40
Page 14
Members of Parliament Staff Bill 2013
Savings, transitional and other provisions Schedule 2
(2) Accordingly, any request or requirement to produce any such record of 1
information is to be made or directed to the political office holder 2
concerned or his or her staff. 3
(3) This clause extends to records of information in existence before the 4
commencement of this clause. 5
8 Transfer of records of former political office holders 6
(1) This clause applies in relation to any record of information that was 7
created or received by a political office holder or the staff of a political 8
office holder and that is stored by a person employed in the Department 9
of Premier and Cabinet in connection with the provision of information 10
technology services for the office holder or his or her staff. 11
(2) If the political office holder to whom any such record of information 12
relates ceases or has ceased to hold that office (the former political 13
office holder), the Secretary of the Department of Premier and Cabinet 14
may: 15
(a) transfer the stored record of information to the public office that, 16
in the opinion of the Secretary of that Department, is the 17
appropriate public office to have possession or control of the 18
record, or 19
(b) dispose of the stored record of information (but not until 7 years 20
after the former political office holder ceased to hold office). 21
(3) If a record of information is transferred to a public office under this 22
clause, the public office or head of that office must, before responding 23
to any request or requirement to produce the record, consult with the 24
head of the Public Service agency that is responsible to the political 25
office holder who has portfolio responsibilities closest to those of the 26
former political office holder. 27
(4) A public office may, at any time after the period of 7 years following 28
the transfer of a record of information to it under this clause, dispose of 29
the record. 30
(5) A record may not be disposed of under subclause (2) (b) or (4) if: 31
(a) the record is the subject of a legal requirement to be produced, or 32
(b) legal proceedings have been commenced in respect of which 33
there is a reasonable likelihood that the record will be required to 34
be produced. 35
(6) Before disposing of any record of information in accordance with 36
subclause (4), the public office or head of that office must consult with 37
the head of the Public Service agency that is responsible to the political 38
office holder who has portfolio responsibilities closest to those of the 39
former political office holder. 40
Page 15
Members of Parliament Staff Bill 2013
Schedule 2 Savings, transitional and other provisions
(7) Subclauses (3) and (6) do not apply in relation to a record of information 1
that relates to a former Leader of the Opposition in the Legislative 2
Assembly. 3
(8) This clause has effect despite the provisions of any other Act or law. 4
(9) This clause extends to records of information in existence before the 5
commencement of this clause. 6
(10) In this clause, public office has the same meaning as in the State 7
Records Act 1998. 8
Page 16
Members of Parliament Staff Bill 2013
Amendment of Acts Schedule 3
Schedule 3 Amendment of Acts 1
3.1 First State Superannuation Act 1992 No 100 2
Section 6 Employers to whom Act applies 3
Omit "Minister of the Crown" from section 6 (1) and (3) wherever occurring. 4
Insert instead "Minister or other member of Parliament". 5
3.2 Government Information (Public Access) Act 2009 No 52 6
Section 4 Interpretation 7
Omit paragraph (b) of the definition of agency in section 4 (1). Insert instead: 8
(b) a Minister (including a person employed by a Minister 9
under Part 2 of the Members of Parliament Staff Act 2013), 10
3.3 Independent Commission Against Corruption Act 1988 11
No 35 12
Section 3 Definitions 13
Insert after paragraph (e) of the definition of public official in section 3 (1): 14
(e1) a person employed under the Members of Parliament Staff 15
Act 2013, 16
3.4 Ombudsman Act 1974 No 68 17
[1] Section 5 Definitions 18
Insert after paragraph (a) of the definition of head in section 5 (1): 19
(a1) in relation to a person employed by a political office holder 20
under Part 2 of the Members of Parliament Staff Act 21
2013--the chief of staff of the office of that office holder, 22
and 23
[2] Section 5 (1), definition of "public authority" 24
Insert after paragraph (d): 25
(d1) any person employed by a political office holder under 26
Part 2 of the Members of Parliament Staff Act 2013, 27
Page 17
Members of Parliament Staff Bill 2013
Schedule 3 Amendment of Acts
[3] Section 5 (1), definition of "responsible Minister" 1
Insert after paragraph (c): 2
(c1) in relation to a public authority who is a person employed 3
by a political office holder under Part 2 of the Members of 4
Parliament Staff Act 2013--the Premier, and 5
3.5 Privacy and Personal Information Protection Act 1998 6
No 133 7
[1] Section 3 Definitions 8
Insert after paragraph (a) of the definition of public sector agency in 9
section 3 (1): 10
(a1) the office of a political office holder within the meaning of 11
the Members of Parliament Staff Act 2013, being the office 12
comprising the persons employed by the political office 13
holder under Part 2 of that Act, 14
[2] Section 3 (1), definition of "public sector official" 15
Insert after paragraph (c): 16
(c1) a person employed by a political office holder under Part 2 17
of the Members of Parliament Staff Act 2013, 18
(c2) a person employed by a member of Parliament under 19
Part 3 of the Members of Parliament Staff Act 2013, 20
3.6 Public Interest Disclosures Act 1994 No 92 21
Section 4A Public officials 22
Insert after section 4A (1) (a): 23
(a1) a person employed under the Members of Parliament Staff 24
Act 2013, or 25
3.7 State Authorities Non-contributory Superannuation Act 26
1987 No 212 27
Sections 3 (1) (paragraph (a) of the definition of "employer") and 5 28
Omit "Minister of the Crown" wherever occurring. 29
Insert instead "Minister or other member of Parliament". 30
Page 18
Members of Parliament Staff Bill 2013
Amendment of Acts Schedule 3
3.8 State Authorities Superannuation Act 1987 No 211 1
Sections 3 (1) (paragraph (a) of the definition of "employer") and 7 2
Omit "Minister of the Crown" wherever occurring. 3
Insert instead "Minister or other member of Parliament". 4
3.9 State Records Act 1998 No 17 5
[1] Section 3 Definitions 6
Insert after paragraph (k) of the definition of public office in section 3 (1): 7
(k1) a political office holder (other than the Leader of the 8
Opposition in the Legislative Assembly) within the 9
meaning of the Members of Parliament Staff Act 2013, 10
[2] Section 7 Meaning of public office "responsible" for a record 11
Insert after section 7 (3): 12
(3A) Subsection (3) does not apply in relation to a political office 13
holder within the meaning of the Members of Parliament Staff 14
Act 2013 to the extent that provision is otherwise made under that 15
Act for the transfer of records relating to the political office 16
holder to another public office. 17
[3] Section 21 Protection measures 18
Insert after section 21 (2) (f): 19
(g) the transfer or disposal, in accordance with the Members of 20
Parliament Staff Act 2013, of a record of information 21
created or received by a political office holder (within the 22
meaning of that Act) or the staff of such an office holder. 23
Page 19
Members of Parliament Staff Bill 2013
Schedule 3 Amendment of Acts
3.10 Superannuation Act 1916 No 28 1
Sections 3 (1) (paragraph (a) of the definition of "Employer") and 3B (1) 2
Omit "Minister of the Crown" wherever occurring. 3
Insert instead "Minister or other member of Parliament". 4
Page 20
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