Australian Capital Territory
Legislative Assembly (Members’ Staff) Office-holders’ Hiring Arrangements Approval 2003 (No 1)
Disallowable instrument DI2003-318

Legislative Assembly (Members’ Staff) Act 1989, s 5 (2) (Office-holders may employ staff) and s 17 (3) (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(2) and 17(3) provide for the Chief Minister to determine in writing the arrangements within which office-holders may exercise that authority.  Such a determination is a disallowable instrument.

Outline

This Instrument revokes the following Disallowable Instruments:
•	DI1999-177 of 24 June 1999 (“DI1999-177”);
•	DI2002-210 of 2 December 2002 (“DI2002-210”); and
•	DI2002-211 of 2 December 2002 (“DI2002-211”).

The purpose of DI1999-177 was to provide the arrangements and conditions within which office-holders may engage consultants or contractors.  These arrangements are being re-made and a standard contract issued, which requires endorsement by the Chief Minister, or his or her delegate, before execution by the parties.

The purpose of DI2002-210 was to amend the variable terms and conditions of employment for a member of the Speaker’s staff employed on pre 1 July 1997 arrangements.  The amendment provides access to overtime payments and time off in lieu, after an employee has worked more than five additional hours in a fortnight, in addition to the payment of an extra duty/electoral allowance.
The purpose of DI2002-211 was to amend the variable terms and conditions of employment of staff of office-holders.  The amendment provides access to overtime payments and time off in lieu, after an employee has worked more than five additional hours in a fortnight, in addition to the payment of an extra duty/electoral allowance.

A certified agreement has now been accepted by a valid majority of eligible staff.  The certified agreement provides for the replacement of the extra duty/electoral allowance with paid overtime, or time off in lieu, upon certification of the agreement.  As most of the terms and conditions of employment of office-holders’ staff will now be regulated by the certified agreement, there is no longer a requirement for these terms to be provided by determination.  These arrangements are being re-made, to delete the extra duty/electoral allowance, and provide for a simplified employment agreement.

	Arrangements

Numbered clauses 1 to 3 contain technical provisions.

Numbered clause 4 revokes determinations DI1999-177, DI2002-210 and DI2002-211.

Numbered clause 5 sets out that the purpose of the determination is to approve new arrangements in accordance with which office-holders may, employ staff under section 5 of the Act, and engage consultants or contractors under section 17 of the Act.

Numbered clause 6 makes a requirement that office-holders may only 
employ staff under an agreement in the form provided in schedule 1 to the determination.

Numbered clause 7(1) makes a requirement that office-holders may only engage a consultant or contractor under an agreement in the form provided in schedule 2 to the determination.

Numbered clause 7(2) requires that a contract for services to be provided by a consultant or contractor be endorsed by the Chief Minister, or his or her delegate, before execution; and that the contract represent value for money for the Territory.