Commonwealth Consolidated Acts

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MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 7

Roles of parliamentarians, office - holders and Prime Minister under this Act

  (1)   This section describes the role of parliamentarians, office - holders and the Prime Minister under this Act.

Parliamentarians and office - holders

  (2)   Parliamentarians and office - holders have powers to employ people on behalf of the Commonwealth, to assist them in carrying out their duties (see section   11).

  (3)   Parliamentarians and office - holders are responsible for the day - to - day management of their employees. Among other things they:

  (a)   make decisions about who to employ and enter into employment agreements (see section   11); and

  (b)   have powers to terminate or suspend employment or take other employment actions (see sections   16, 18 and 20).

The Prime Minister

  (4)   The Prime Minister can:

  (a)   make determinations that affect what kind of employees a parliamentarian may employ (see section   4); and

  (b)   approve arrangements and determine conditions that affect how parliamentarians and office - holders can exercise their powers to employ (including determining how many employees parliamentarians and office - holders may have) (see section   12); and

  (c)   make determinations that vary some terms and conditions of employment (see section   13).

Note:   The Parliamentary Workplace Support Service Act 2023 establishes the PWSS and the IPSC, which also have functions in relation to employment under this Act.

  The PWSS:

(a)   provides human resources support to parliamentarians, office - holders and their employees and has functions in the areas of policy development, training, advice, and education; and

(b)   can exercise the powers of an employer in relation to persons employed under this Act in certain circumstances; and

(c)   has some powers to suspend employees.

  A Commissioner of the IPSC can, in certain circumstances, recommend that a parliamentarian or office - holder:

(a)   terminate or suspend employees; and

(b)   take other employment actions in relation to employees.



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