{"id":"tas:act-1944-074","name":"Constitution (State Employees) Act 1944","slug":"constitution-state-employees-act-1944","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"74 of 1944","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110554,"registerId":"tas-act-1944-074-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Constitution (State Employees) Act 1944](/view/html/inforce/2026-04-12/act-1944-007) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Employees in employ of State may be elected to Parliament","content":"### 2 Employees in employ of State may be elected to Parliament\n\n> > (1)  Nothing contained in [subsection (3) of section 32 of the](/view/html/inforce/2026-04-12/act-1934-094#GS32@Gs3@EN) [Constitution Act 1934](/view/html/inforce/2026-04-12/act-1934-094) shall extend to any person otherwise qualified who holds any office of profit or emolument in the public service of the State, or in any business or undertaking carried on by any person, body, or authority on behalf of the State.\n> \n> > (2)  Any person to whom [subsection (1)](#GS2@Gs1@EN) applies shall –\n> > \n> > > > (a) forthwith on being elected to a seat in either House of Parliament cease to hold such office; and\n> > > \n> > > > (b) be entitled to leave of absence for a period not exceeding two months for the purpose of contesting a Parliamentary election, but shall not be entitled to any salary during his absence from duty for that purpose: Provided that this paragraph shall not affect any right of any such person to leave of absence under any Act or any regulations or by-laws thereunder.","sortOrder":1}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling state employees to stand for Parliament while managing the conflict of interest through immediate resignation upon election. No significant expansion of scope is evident."},"complexity_factors":["Only 2 operative sections","No defined terms section","Single cross-reference to the Constitution Act 1934","Simple conditional structure: one main exception with two straightforward consequences","One simple proviso (saving clause) preserving existing leave rights"],"plain_english_summary":"This short law fixes a problem that used to stop state government employees from running for Parliament.\n\n**What it does:**\n- **Removes a barrier:** Before this Act, a rule in the South Australian Constitution said that people who held \"offices of profit\" (paid government jobs) couldn't be elected to Parliament. This Act carves out an exception for state public servants.\n- **Sets the rules if they win:** If a state employee gets elected, they must immediately quit their government job.\n- **Sets the rules if they run:** State employees can take up to two months of leave to campaign in an election, but they won't get paid during that time. However, if they have other leave entitlements under other laws, those still apply.\n\n**Who it affects:**\n- South Australian public servants who want to become politicians\n- State government departments that employ them\n\n**Why it matters:**\nThis law opens up political participation to career public servants. Without it, anyone working for the government would have to resign before even running for office, which would discourage experienced public administrators from entering politics. It strikes a balance: they can run without quitting first, but if they win, they must leave the public service immediately."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act narrowly authorises state employees and persons in state-run undertakings to be elected and prescribes mandatory resignation on election plus up to two months’ unpaid leave to contest an election (s 2). The text itself confines scope to that purpose and does not indicate an expansion beyond that narrow exception."},"complexity_factors":["Very short, single substantive provision limiting scope to election eligibility and leave (s 2)","Cross-reference to another statute (Constitution Act 1934 s 32(3)) creates dependence on external text (s 2(1))","Immediate cessation requirement on election creates clear legal consequence for employment status (s 2(2)(a))","Specified unpaid leave up to two months to contest elections imposes a clear cost allocation (employee receives no salary) and interacts with other leave rights (s 2(2)(b))","Low administrative and compliance burden—entitlement and duties are narrowly defined and mechanically enforceable"],"plain_english_summary":"This Act permits people who hold offices of profit or emolument in the State’s public service or in businesses run on the State’s behalf to be elected to either House by carving out an exception to s 32(3) of the Constitution Act 1934 (s 2(1)). If elected they must immediately cease that office (s 2(2)(a)) and may take up to two months’ unpaid leave to contest an election (s 2(2)(b)), while not affecting other statutory or regulatory leave rights."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the Act's scope has changed from its original intent. The metadata indicates amendments have been made (a Table of Amendments exists), but without access to the actual provisions or amendment history details, no scope change assessment can be made with confidence."},"complexity_factors":["Insufficient legislative content provided — only metadata and administrative information was included in the text, preventing meaningful complexity assessment of the actual provisions","The Act's age (1944) may mean it uses archaic drafting language and legal concepts that are harder to interpret","Constitutional subject matter is inherently more significant and technical than ordinary legislation","Cross-references to other instruments (Administrative Arrangement Orders) add minor navigational complexity"],"plain_english_summary":"This 1944 Tasmanian Act sets constitutional-level arrangements affecting state government employees. While the full text isn’t provided here, it appears to govern foundational protections, structures or rights for public servants and the agencies that employ them. Its form has been largely stable since 1 February 1997, so it matters for enduring rules about Tasmanian public service employment."}},"importantCases":[],"_links":{"self":"/api/acts/constitution-state-employees-act-1944","history":"/api/acts/constitution-state-employees-act-1944/history","analysis":"/api/acts/constitution-state-employees-act-1944/analysis","conflicts":"/api/acts/constitution-state-employees-act-1944/conflicts","importantCases":"/api/acts/constitution-state-employees-act-1944/important-cases","documents":"/api/acts/constitution-state-employees-act-1944/documents"}}