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MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 15

Directions in relation to automatic termination

Direction in relation to class of persons

  (1)   The Prime Minister may, by legislative instrument, direct that the employment of the persons included in a specified class or classes of persons, whose employment would, but for this subsection, be terminated by subsection   14(1), is taken:

  (a)   not to have been terminated; and

  (b)   to continue, or to have continued, until a specified date.

Direction in relation to specified person

  (2)   The Prime Minister may, in writing, direct that the employment of a specified person whose employment would, but for this subsection, be terminated by subsection   14(1), is taken:

  (a)   not to have been terminated; and

  (b)   to continue, or to have continued, until a specified date.

  (3)   A direction made under subsection   (2) is not a legislative instrument.

Effect of direction

  (4)   If the Prime Minister gives a direction under subsection   (1) or (2), then, despite subsection   14(1), the employment of the persons included in the specified class or classes, or the employment of the specified person, is taken for all purposes to continue, or to have continued, until the specified date.

CEO to act as employer

  (5)   If:

  (a)   because of a direction given by the Prime Minister under subsection   (1) or (2), a person's employment is taken to continue until a specified date; and

  (b)   but for this section, the person's employment would have terminated because of table item   1 or 2 in subsection   14(1) (the employing individual dies or ceases to be a parliamentarian);

the CEO may exercise the powers of an employer in relation to the person at any time in the period starting when the person's employment would have terminated and ending at the end of the specified date.

  (6)   Subject to subsection   20(3) (about employment actions following an IPSC recommendation), the powers referred to in subsection   (5) do not include the power to terminate the person's employment.



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