Members of Parliament Staff Act 2013 (NSW)

Members of Parliament Staff Act 2013 No 41

An Act relating to the employment of staff by members of Parliament and by Ministers and certain other political office holders.

Part 1 Preliminary

1 Name of Act This Act is the Members of Parliament Staff Act 2013.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— conditions of employment has the same meaning as in the Industrial Relations Act 1996. function includes a power, authority or duty and exercise a function includes perform a duty. member of Parliament means a member of the Legislative Council or a member of the Legislative Assembly. political office holder means— (a) a Minister, or (b) the Leader of the Opposition in the Legislative Assembly, or (c) the holder of a Parliamentary office in respect of which a determination under section 4 is in force. Presiding Officer means the President of the Legislative Council or the Speaker of the Legislative Assembly. relevant Presiding Officer means— (a) in relation to a person employed under Part 3 by a member of the Legislative Council—the President of the Legislative Council, or (b) in relation to a person employed under Part 3 by a member of the Legislative Assembly—the Speaker of the Legislative Assembly. special office holder means a member of Parliament who holds an office specified in Schedule 1.

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) Notes included in this Act do not form part of this Act.

4 Additional political office holders (1) The Premier may, having regard to the duties associated with a Parliamentary office held by a member of Parliament, determine that the holder of that office is entitled to employ staff under Part 2 in the member's capacity as a political office holder. (2) A determination under this section— (a) cannot be made in respect of a special office holder, and (b) may be varied or revoked by the Premier. (3) Any such determination, including any variation or revocation, is required to be published in the Gazette.