Australian Capital Territory
Legislative Assembly (Members’ Staff) Deemed Date Of Termination Of Employment Of Office-holders’ Staff 2005
Disallowable instrument DI2005-292

Legislative Assembly (Members’ Staff) Act 1989, s 8 (6) (Termination of employment)

EXPLANATORY STATEMENT

Legislative Context

The Legislative Assembly (Members’ Staff) Act 1989 (“the Act”) provides for the employment of staff by office-holders (Ministers and “the Speaker”) of the Legislative Assembly.  Subsection 5(1) of the Act gives office-holders the authority to employ staff.  
Section 8 of the Act sets out the time when the employment of such persons terminates.

Subsection 8(6) provides that the Chief Minister may, by written instrument, direct that the employment of a person whose employment is terminated by the operation of subsection 8(1) or 8(2) shall be deemed not to have been so terminated and that the employment is deemed to have continued, or to continue, until a date specified by the Chief Minister.

Outline

A direction was made by the Chief Minister, Trevor Thomas Kaine, on 7 February 1990 under subsection 8(6), which provides that the date of termination of persons employed under part 2 of the Act is deemed to extend by two weeks from the date their employment would otherwise have terminated by the operation of subsection 8(1) or 8(2).

This Instrument revokes the direction made on 7 February 1990 by a previous Chief Minister, and substitutes a new updated direction that will have the same effect.

	Direction

Numbered clauses 1 to 3 contain technical provisions.

Numbered clause 4 revokes the direction made on 7 February 1990.

Numbered clause 5 directs that employment continue until a specified date.

Numbered clause 6 specifies the class of persons to whom the direction applies.

Numbered clause 7 specifies the date on which the extended employment ceases.