Commonwealth Consolidated Acts

MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 18

Suspension

  (1)   The employing individual for a person employed under this Act may suspend the person from duties if the employing individual considers that it is appropriate to do so.

Note 1:   The employing individual is the parliamentarian or office - holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section   3).

Note 2:   The Fair Work Act 2009 may limit the circumstances in which an employing individual may lawfully suspend a person from duties. See, for example, Part   3 - 1 (general protections) of that Act.

Note 3:   Additional rules or procedures to be followed in suspending a person from duties may be set out in:

(a)   the agreement for the employment of the person; or

(b)   fair work instruments (within the meaning of the Fair Work Act 2009 ); or

(c)   arrangements approved or determinations made under section   12 or subsection   13(2) or (3) of this Act.

Note 4:   Suspension of employment may be unlawful under anti - discrimination laws in certain circumstances.

Period of suspension

  (2)   The suspension is for the period determined by the employing individual, which must not exceed 30 days.

With pay unless exceptional circumstances

  (4)   The suspension is with pay, unless the employing individual is satisfied that exceptional circumstances exist to justify suspension without pay.

Obligation to inform PWSS of suspension

End of suspension

  (5)   The employing individual may end the suspension at any time before the end of the period determined under subsection   (2). The employing individual must inform the PWSS if the employing individual does so.