Australian Capital Territory
Legislative Assembly (Members’ Staff) Speaker’s Salary Cap Determination 2009
Disallowable instrument DI2009-118

Legislative Assembly (Members’ Staff) Act 1989, s 5 (3) (Office-holders may employ staff) and s 17 (4) (Office-holders may engage consultants and contractors)

EXPLANATORY STATEMENT

Legislative Context

The Legislative Assembly (Members’ Staff) Act 1989 (“the Act”) provides for the employment of staff, and the engagement of consultants or contractors, by office-holders (Ministers and “the Speaker”) of the Legislative Assembly.  

Subsections 5(1) and 17(1) of the Act give office-holders the authority to employ staff, and engage consultants and contractors, respectively.  Subsections 5(3) and 17(4) provide for the Chief Minister to determine in writing the conditions within which office-holders may exercise that authority.  Such a determination is a disallowable instrument.

Outline

This Instrument revokes disallowable instrument DI2008–301 which provided conditions under which the Speaker may employ staff and engage consultants or contractors, including the annual salary allocation, for the 2008–2009 financial year.

The determination provides revised conditions under which the Speaker may employ staff and engage consultants and contractors, including the annual salary allocation, for the 2009-2010 financial year.  

The determination provides the authority for the Speaker to allocate part or all of the Speaker’s uncommitted salary allocation to another member, and to receive part or all of the uncommitted salary allocation from another member.

The determination also provides the authority for the Speaker to carry over up to a maximum of 10% of the Speaker’s salary allocation remaining unexpended from the 2008–2009 financial year adjusted for the period commencing on 30 October 2008 and ending on 30 June 2009.
	Conditions

Numbered clause 2 sets the commencement of the instrument as 1 July 2009.

Numbered clause 5 revokes disallowable instrument DI2008–301.
Numbered clause 7 sets that the conditions apply to a person while the person holds the office of Speaker during the specified period.  

Numbered clause 8(1) sets the condition that the Speaker may only employ staff, or engage consultants or contractors, while the total amount payable for salary and payments do not exceed the prescribed salary cap while the Speaker holds office.  

Numbered clause 8(2) sets the formula for calculating the relevant salary cap.  The formula provides that the Speaker may allocate part or all of the Speaker’s uncommitted salary allocation to another member, and to receive part or all of the uncommitted salary allocation from another member, in the form of a salary pledge.  

The formula also provides for the carry over by the Speaker of unexpended salary allocation from the 2008–2009 financial year.  Numbered clause 8(3) limits the carry over to no more than 10% of the Speaker’s annual salary allocation for the 2008-2009 financial year adjusted for the period commencing on 30 October 2008, the date that the term of office of members elected to the seventh Legislative Assembly began, and ending on 30 June 2009.  

Numbered clause 8(4) provides that the Speaker may, with the written agreement of the Chief Minister, hire staff and consultants and contractors outside the salary cap in certain circumstances.  These circumstances are set out in numbered clause 8(5).