Australian Capital Territory
Legislative Assembly (Members’ Staff) Deemed Date Of Termination Of Employment Of Members’ Staff 2009
Disallowable instrument DI2009-48
made under the
Legislative Assembly (Members’ Staff) Act 1989, s 13 (5) (Termination of employment)

    
    
1	Name of instrument
This instrument is the Legislative Assembly (Members’ Staff) Deemed Date of Termination of Employment of Members’ Staff 2009.
2	Commencement
This instrument commences on the day after its notification day.
3	Notes
A note included in this instrument is explanatory and is not part of this instrument.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4	Definition
In this instrument:
member means a member of the Assembly other than an office-holder.

5	Revocation
	The following instrument is revoked:
Disallowable instrument DI2005-291: Legislative Assembly (Members’ Staff) Deemed Date of Termination of Employment of Members’ Staff 2005.
6	Approval for Act, s 13
This instrument directs that the employment of part 3 employees under the Act is deemed not to have been terminated and to have continued, or to continue, until a specified date, section 13.
Note	Staff are also employed subject to terms of employment under any award or collective agreement under the Workplace Relations Act 1996 (Cwlth) that applies to members’ staff.
7	Class of persons to whom this direction applies
This direction applies to the class of persons whose employment would have ceased by operation of subsection 13(1) of the Act.
8	Termination of employment
	(1)	The class of persons to whom this direction applies are deemed to continue in employment until the date of the declaration of the poll or the date that is four weeks after polling day, whichever date is later, where a member—
(a)	ceases to be a member on the polling day for a general election by virtue of section 10 of the Australian Capital Territory (Self-Government) Act 1988; and
(b)	has nominated for re-election at that general election.
	(2)	The class of persons to whom this direction applies are deemed to continue in employment until the date that is two weeks after the employment otherwise would have terminated, where a member—
(a)	dies; or
(b)	ceases to be a member in circumstances other than those set out in paragraph (1)(a) above.
	(3)	The period of deemed continued employment set out in paragraph (1) above constitutes notice for the purposes of the Workplace Relations Act 1996 and payment for the purpose of any termination payments made pursuant to the applicable collective agreement, in respect to part 3 employees who are not subsequently re-employed.

Dated 31 March 2009.

Jon Stanhope
Chief Minister