{"id":"C2004A02928","name":"Members of Parliament (Staff) Act 1984","slug":"members-of-parliament-staff-act-1984","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"64 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34537,"registerId":"commonwealth-C2004A02928-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Members of Parliament (Staff) Act 1984.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Part I shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on such day as is, or such respective days as are, fixed by Proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objects","content":"#### 2A Objects\n\n The objects of this Act are the following:\n (a) to establish a framework for employing people to assist parliamentarians and office‑holders that supports a safe, respectful and accountable workplace;\n (b) to set out certain rights and obligations of employees;\n (c) to set out certain other powers, functions and responsibilities in relation to employment under this Act.","sortOrder":3},{"sectionNumber":"2B","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 2B Simplified outline of this Act\n\nThis Act enables parliamentarians to employ people on behalf of the Commonwealth and deals with certain terms and conditions of employment. All parliamentarians can employ electorate employees. Parliamentarians who occupy certain positions and former Prime Ministers can also employ personal employees.\n\nThere are employment principles that set out expectations for the workplace provided to people employed under this Act.","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> CEO means the Chief Executive Officer of the Parliamentary Workplace Support Service.\n\n> electorate employee means a person employed by a parliamentarian under subsection 11(1).\n\n> employing individual: see section 3AA.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> IPSC means the Independent Parliamentary Standards Commission.\n\n> office‑holder means:\n\n (a) a person who holds a relevant office; or\n (b) a person, not being a parliamentarian, who held the office of Prime Minister; or\n (c) a parliamentarian in respect of whom a determination under section 4 is in force.\n\n> parliamentarian means a senator or a member of the House of Representatives.\n\n> personal employee means a personal employee (Ministerial) or a personal employee (non‑Ministerial).\n\n> personal employee (Ministerial) means a person employed by a Minister under subsection 11(2).\n\n> personal employee (non‑Ministerial) means a person employed by an office‑holder other than a Minister under subsection 11(3).\n\n> PWSS means the Parliamentary Workplace Support Service.\n\n> relevant office means:\n\n (a) an office of Minister; or\n (b) the office of Leader of the Opposition in the Senate; or\n (c) the office of Leader of the Opposition in the House of Representatives; or\n (d) the office of Deputy Leader of the Opposition in the Senate; or\n (e) the office of Deputy Leader of the Opposition in the House of Representatives; or\n (f) an office of leader or deputy leader, in a House of the Parliament, of a recognized political party (other than an office that is held by a person who also holds an office referred to in any of the preceding paragraphs of this definition).\n\n> workplace means a place where work is carried out by persons employed under this Act and includes any place where an employee goes, or is likely to be, while at work.","sortOrder":5},{"sectionNumber":"3AA","sectionType":"section","heading":"Definition of employing individual","content":"#### 3AA Definition of employing individual\n\n (1) The employing individual, for a person employed under this Act, is the parliamentarian or office‑holder who, on behalf of the Commonwealth, employed the person under section 11.\n (2) A parliamentarian ceases to be an employing individual if they cease to be a parliamentarian, unless they continue to be an office‑holder.\n (3) An office‑holder ceases to be an employing individual if they cease to be an office‑holder and are not also a parliamentarian.","sortOrder":6},{"sectionNumber":"3A","sectionType":"section","heading":"Relationship with Fair Work Acts","content":"#### 3A Relationship with Fair Work Acts\n\n (1) This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.\n (2) Subsection (1) is not intended to imply anything about the relationship between this Act and any Act other than the Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Determination that parliamentarian may employ personal staff","content":"#### 4 Determination that parliamentarian may employ personal staff\n\n (1) The Prime Minister may, in writing, determine that, having regard to the parliamentary duties of a parliamentarian, the parliamentarian may employ personal employees under subsection 11(3).\n\n> Note: The determination has the effect of making the parliamentarian an office‑holder (see paragraph (c) of the definition of office‑holder in section 3). Office‑holders may employ personal employees (non‑Ministerial) under subsection 11(3).\n\n (2) A determination made under subsection (1) is not a legislative instrument.","sortOrder":8},{"sectionNumber":"Part II","sectionType":"part","heading":"Principles, roles and responsibilities","content":"## Part II—Principles, roles and responsibilities","sortOrder":9},{"sectionNumber":"5","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 5 Simplified outline of this Part\n\nThis Part sets out employment principles which establish expectations for the workplace in relation to employment under this Act.\n\nThis Part also describes roles and responsibilities in relation to employment under this Act.\n\nWith one exception (requiring recruitment to be based on capability), a description in this Part does not create a role or responsibility, but is intended to provide an overview of roles and responsibilities created elsewhere in this Act or by other laws.","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Employment principles","content":"#### 6 Employment principles\n\n The workplace for people employed under this Act:\n (a) is safe and free from all forms of bullying and harassment; and\n (b) is free from discrimination and fosters diversity; and\n (c) is one in which decisions relating to employment are based on capability; and\n (d) is one in which parliamentarians, office‑holders and employees foster a culture of professionalism and integrity; and\n (e) requires effective performance from each employee against expectations defined by the parliamentarian or office‑holder; and\n (f) supports the training and professional development of all employees (including those with managerial responsibilities); and\n (g) facilitates consultation with employees about matters that affect the workplace.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Roles of parliamentarians, office‑holders and Prime Minister under this Act","content":"#### 7 Roles of parliamentarians, office‑holders and Prime Minister under this Act\n\n (1) This section describes the role of parliamentarians, office‑holders and the Prime Minister under this Act.\n Parliamentarians and office‑holders\n (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).\n (3) Parliamentarians and office‑holders are responsible for the day‑to‑day management of their employees. Among other things they:\n (a) make decisions about who to employ and enter into employment agreements (see section 11); and\n (b) have powers to terminate or suspend employment or take other employment actions (see sections 16, 18 and 20).\n The Prime Minister\n (4) The Prime Minister can:\n (a) make determinations that affect what kind of employees a parliamentarian may employ (see section 4); and\n (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\n (c) make determinations that vary some terms and conditions of employment (see section 13).\n\n> 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.\n\n> Note: The PWSS:\n\n (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\n (b) can exercise the powers of an employer in relation to persons employed under this Act in certain circumstances; and\n (c) has some powers to suspend employees.\n\n> Note: A Commissioner of the IPSC can, in certain circumstances, recommend that a parliamentarian or office‑holder:\n\n (a) terminate or suspend employees; and\n (b) take other employment actions in relation to employees.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Responsibilities of parliamentarians and office‑holders","content":"#### 8 Responsibilities of parliamentarians and office‑holders\n\n (1) This section:\n (a) describes certain responsibilities of parliamentarians and office‑holders under other laws (see subsection (2)); and\n (b) creates a responsibility that parliamentarians and office‑holders are required to comply with (see subsection (3)).\n Compliance with workplace laws\n (2) Parliamentarians and office‑holders have obligations under other Australian laws. Some of the key laws that impose obligations are the following:\n (a) the Age Discrimination Act 2004;\n (b) the Disability Discrimination Act 1992;\n (c) the Fair Work Act 2009;\n (d) the Racial Discrimination Act 1975;\n (e) the Sex Discrimination Act 1984;\n (f) the Work Health and Safety Act 2011.\n Recruitment to be based on capability\n (3) A parliamentarian or office‑holder must, before employing a person to perform a particular role, assess whether the person has the capability to perform the role.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Responsibilities of employees","content":"#### 9 Responsibilities of employees\n\n (1) This section describes certain responsibilities of persons employed under this Act.\n Compliance with workplace laws\n (2) Employees have obligations under other Australian laws. Some of the key laws that impose obligations are the following:\n (a) the Age Discrimination Act 2004;\n (b) the Disability Discrimination Act 1992;\n (c) the Fair Work Act 2009;\n (d) the Racial Discrimination Act 1975;\n (e) the Sex Discrimination Act 1984;\n (f) the Work Health and Safety Act 2011.\n Authorisations\n (3) When exercising a function or power under an authorisation, employees must comply with any directions given by the person authorising the exercise of the function or power.\n\n> Note: See section 31 (powers may be exercised by authorised person).","sortOrder":14},{"sectionNumber":"Part III","sectionType":"part","heading":"Employment arrangements","content":"## Part III—Employment arrangements","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 10 Simplified outline of this Part\n\nParliamentarians and office‑holders can employ people to assist them to carry out their duties.\n\nParliamentarians and office‑holders can suspend and terminate the employment of their employees, and in certain circumstances the termination of employment is automatic. Parliamentarians and office‑holders have obligations to inform and consult the PWSS in relation to decisions to suspend or terminate employment.\n\nParliamentarians and office‑holders are also required to take certain employment actions in relation to their employees, including termination of employment, on the recommendation of a Commissioner of the IPSC.\n\nIn certain circumstances, the CEO of the PWSS can suspend employees and, where a parliamentarian or office‑holder dies or ceases to be a parliamentarian, can step in to exercise most of the powers of an employer.\n\nThe power to employ, and the terms and conditions of employment, may be affected by arrangements and determinations made by the Prime Minister under this Part.","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Employment of electorate employees and personal employees","content":"#### 11 Employment of electorate employees and personal employees\n\n Electorate employees\n (1) A parliamentarian may, on behalf of the Commonwealth, employ a person, under a written agreement, as an electorate employee.\n\n> Note: The power to employ a person under this subsection is subject to section 12.\n\n Personal employees (Ministerial)\n (2) A Minister may, on behalf of the Commonwealth, employ a person, under a written agreement, as a personal employee (Ministerial).\n\n> Note 1: The power to employ a person under this subsection is subject to section 12.\n\n> Note 2: A person who is both a Minister and a parliamentarian may employ persons under both subsections (1) and (2).\n\n Personal employees (non‑Ministerial)\n (3) An office‑holder other than a Minister may, on behalf of the Commonwealth, employ a person, under a written agreement, as a personal employee (non‑Ministerial).\n\n> Note 1: The power to employ a person under this subsection is subject to section 12.\n\n> Note 2: A person who is both an office‑holder other than a Minister and a parliamentarian may employ persons under both subsections (1) and (3).","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Arrangements and conditions affecting power to employ under section 11","content":"#### 12 Arrangements and conditions affecting power to employ under section 11\n\n (1) A power to employ a person under section 11 must be exercised:\n (a) in accordance with any arrangements approved under paragraph (2)(a) of this section; and\n (b) subject to any conditions determined under paragraph (2)(b) of this section;\n that apply to the parliamentarian or office‑holder, and to the power.\n (2) The Prime Minister may, in writing, do either or both of the following:\n (a) approve arrangements in accordance with which a parliamentarian or office‑holder is to exercise a power under section 11;\n (b) determine conditions subject to which a parliamentarian or office‑holder is to exercise a power under section 11.\n (3) An instrument made under subsection (2) is not a legislative instrument.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Terms and conditions of employment","content":"#### 13 Terms and conditions of employment\n\n Terms and conditions\n (1) The terms and conditions of employment for a person employed under this Act include the terms and conditions set out in:\n (a) the agreement under which the person is employed; and\n (b) any fair work instruments (within the meaning of the Fair Work Act 2009) that apply to the person; and\n (c) any determination made under subsection (2) or (3) that applies to the person.\n\n> Note: This Act has effect subject to the Fair Work Act 2009: see section 3A of this Act.\n\n Variation of terms and conditions for all or a class of employees\n (2) The Prime Minister may, by notifiable instrument, determine that the terms and conditions of employment of either of the following (as specified in the instrument) are varied in accordance with the determination:\n (a) all persons employed under this Act;\n (b) all persons included in a specified class or classes of persons employed under this Act.\n Variation of terms and conditions for individual employees\n (3) The Prime Minister may, in writing, determine that the terms and conditions of employment of a specified person employed under this Act are varied in accordance with the determination.\n Other matters affecting determinations\n (4) Subsections (2) and (3) do not authorise the making of a determination that varies a matter expressly provided for by section 14, 16 or 17 (termination of employment), 18 or 19 (suspension from duties) or 20 (employment actions following IPSC recommendation).\n (5) A determination may vary terms and conditions by varying specified terms and conditions or by including new terms and conditions.\n (6) A determination that applies to a person prevails over the agreement under which the person is employed, to the extent of any inconsistency.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Automatic termination of employment","content":"#### 14 Automatic termination of employment\n\n (1) A person’s employment under this Act terminates if an event specified in the table occurs and the person is the kind of employee specified for the event.\n\n```html\n

Events that terminate employment

Item

Event

Kind of employees whose employment terminates

1

The employing individual dies

Electorate employees and personal employees

2

The employing individual ceases to be a parliamentarian

Electorate employees and personal employees

3

The employing individual ceases to hold a relevant office and on the same day:

(a) starts to hold another relevant office; or

(b) starts to be covered by a determination made under section 4

Personal employees

4

The employing individual ceases to hold a relevant office and does not do one of the following on the same day:

(a) start to hold another relevant office;

(b) start to be covered by a determination made under section 4

Electorate employees and personal employees

5

The employing individual ceases to be covered by a determination made under section 4 (whether or not the employing individual starts to be covered on the same day by another such determination)

Personal employees

\n```\n\n> 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).\n\n> Note 2: The effect of this subsection may be altered by a direction under section 15.\n\n (2) For the purposes of table item 2 in subsection (1), a person is taken not to have ceased to be a parliamentarian at any time while remuneration is to be paid to the person in accordance with section 49 of the Parliamentary Business Resources Act 2017.\n (3) For the purposes of table items 3 and 4 in subsection (1), a person ceases to hold the office of Minister at the time the person ceases to be appointed to administer any Departments (even if the person is immediately after that time appointed to administer one or more Departments).\n\n> Note: Example: If a person is appointed to administer 2 Departments and then ceases to be appointed to administer one of those Departments, the person will not cease to hold the office of Minister. However, if the person ceases to be appointed to administer both Departments, the person ceases to be a Minister even if the person is immediately appointed to administer another Department.\n\n (4) For the purposes of the table in subsection (1), the Prime Minister may, by legislative instrument, determine any of the following:\n (a) circumstances, not inconsistent with subsection (2), in which an event specified in table item 2 is taken to occur, or taken not to occur;\n (b) circumstances, not inconsistent with subsection (3), in which an event specified in table item 3 or 4 is taken to occur, or taken not to occur.\n Subsection (1) has effect in accordance with the determination.\n (5) If more than one event specified in the table in subsection (1) occurs at the same time, the event listed first in the table is the only event that is taken to have occurred.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Directions in relation to automatic termination","content":"#### 15 Directions in relation to automatic termination\n\n Direction in relation to class of persons\n (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:\n (a) not to have been terminated; and\n (b) to continue, or to have continued, until a specified date.\n Direction in relation to specified person\n (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:\n (a) not to have been terminated; and\n (b) to continue, or to have continued, until a specified date.\n (3) A direction made under subsection (2) is not a legislative instrument.\n Effect of direction\n (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.\n CEO to act as employer\n\n (5) If:\n\n (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\n\n (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);\n\n 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.\n\n (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.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Termination by notice","content":"#### 16 Termination by notice\n\n (1) The employing individual for a person employed under this Act may at any time, by notice in writing given to the person, terminate the person’s employment.\n\n> 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).\n\n> Note 2: The employing individual must first consult the PWSS (see subsection (3)).\n\n (2) The notice must specify the ground or grounds that are relied on for the termination.\n\n> Note 1: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. See, for example, Parts 3‑1 (general protections) and 3‑2 (unfair dismissal) of that Act.\n\n> Note 2: Additional rules or procedures to be followed in terminating the employment of a person may be set out in:\n\n (a) the agreement for the employment of the person; or\n (b) fair work instruments (within the meaning of the Fair Work Act 2009); or\n (c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.\n\n> Note 3: Termination of employment may be unlawful under anti‑discrimination laws in certain circumstances.\n\n (3) Before terminating a person’s employment under subsection (1), the employing individual must consult, and have regard to any advice provided by, the PWSS.\n\n> Note: If an employing individual fails to consult with the PWSS, the CEO may include details about the failure in a public report.\n\n (4) A failure to consult with, or to have regard to advice provided by, the PWSS as required by subsection (3) does not affect the validity of the termination of the person’s employment.\n\n#### 17 Resignation\n\n A person employed under this Act may terminate the person’s employment at any time by giving written notice to:\n\n (a) if paragraph (b) does not apply—the employing individual; or\n\n (b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO.\n\n> Note: 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).","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Resignation","content":"#### 17 Resignation","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Suspension from duties","content":"#### 18 Suspension from duties\n\n Suspension\n (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.\n\n> 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).\n\n> 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.\n\n> Note 3: Additional rules or procedures to be followed in suspending a person from duties may be set out in:\n\n (a) the agreement for the employment of the person; or\n (b) fair work instruments (within the meaning of the Fair Work Act 2009); or\n (c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.\n\n> Note 4: Suspension of employment may be unlawful under anti‑discrimination laws in certain circumstances.\n\n Period of suspension\n (2) The suspension is for the period determined by the employing individual, which must not exceed 30 days.\n\n (3) Subsection (2) does not prevent:\n\n (a) the employing individual from suspending the person again under subsection (1); or\n\n (b) the CEO from suspending the person under section 19.\n\n With pay unless exceptional circumstances\n (4) The suspension is with pay, unless the employing individual is satisfied that exceptional circumstances exist to justify suspension without pay.\n\n (4A) Before deciding to suspend without pay, the employing individual must consult the PWSS about whether exceptional circumstances exist.\n\n Obligation to inform PWSS of suspension\n\n (4B) The employing individual must inform the PWSS before, or as soon as practicable after, suspending a person from duties.\n\n End of suspension\n (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.\n\n#### 19 Suspension from duties by CEO\n\n Suspension\n\n (1) The CEO may suspend a person employed under this Act from duties if:\n\n (a) the CEO has informed the employing individual of the CEO’s concern that it might be appropriate to suspend the person, in order to mitigate a risk to:\n\n (i) work health and safety; or\n\n (ii) property; or\n\n (iii) security; or\n\n (iv) an investigation; and\n\n (b) the CEO has sought the employing individual’s views about the CEO’s concern; and\n\n (c) taking into account any views the employing individual expressed and any other action the employing individual has taken in relation to the concern, the CEO considers that it is appropriate to suspend the person from duties in order to mitigate a risk mentioned in paragraph (a); and\n\n (d) the employing individual agrees to the CEO suspending the person from duties.\n\n> 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).\n\n> Note 2: The Fair Work Act 2009 may limit the circumstances in which the CEO may lawfully suspend a person from duties. See, for example, Part 3‑1 (general protections) of that Act.\n\n> Note 3: Additional rules or procedures to be followed in suspending a person from duties may be set out in:\n\n (a) the agreement for the employment of the person; or\n\n (b) fair work instruments (within the meaning of the Fair Work Act 2009); or\n\n (c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.\n\n> Note 4: Suspension of employment may be unlawful under anti‑discrimination laws in certain circumstances.\n\n Period of suspension\n\n (2) The suspension is for the period determined by the CEO, which must not exceed 30 days.\n\n (3) Subsection (2) does not prevent:\n\n (a) the CEO from suspending the person again under subsection (1); or\n\n (b) the employing individual from suspending the person under section 18.\n\n With pay unless exceptional circumstances\n\n (4) The suspension is with pay, unless the CEO is satisfied that exceptional circumstances exist to justify suspension without pay.\n\n End of suspension\n\n (5) The CEO may end the suspension at any time before the end of the period determined under subsection (2).","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Suspension from duties by CEO","content":"#### 19 Suspension from duties by CEO","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Employment actions following IPSC recommendation","content":"#### 20 Employment actions following IPSC recommendation\n\n (1) This section applies if, under the Parliamentary Workplace Support Service Act 2023:\n (a) a Commissioner of the IPSC decides to recommend that the employing individual for a person employed under this Act take any of the following actions in relation to the person:\n (i) give the person a written reprimand;\n (ii) require the person to undertake training or professional development;\n (iii) require the person to enter into an agreement with the employing individual about the person’s future behaviour;\n (iv) re‑assign the person’s duties;\n (v) deduct from the person’s annual salary, by way of fine, an amount not exceeding 2% of that salary;\n (vi) terminate the person’s employment; and\n (b) the decision is in operation.\n (2) The action must be taken by:\n (a) if paragraph (b) does not apply—the employing individual; or\n (b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO.\n\n> 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).\n\n> Note 2: Additional rules or procedures to be followed in taking these actions may be set out in:\n\n (a) the agreement for the employment of the person; or\n (b) fair work instruments (within the meaning of the Fair Work Act 2009); or\n (c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.\n (3) Subsection 15(6) (CEO may not exercise power to terminate) does not apply if:\n (a) the action is to terminate the person’s employment; and\n (b) the action must be taken by the CEO because of paragraph (2)(b) of this section.\n (4) To avoid doubt, if the action is to terminate the person’s employment, section 16 (termination by notice) does not apply in relation to the termination.\n (5) The employing individual or the CEO must inform the IPSC as soon as practicable after taking an action under subsection (2).\n (6) This section does not limit the actions that an employing individual for a person employed under this Act or the CEO may take in relation to the person’s employment.","sortOrder":26},{"sectionNumber":"Part VI","sectionType":"part","heading":"Miscellaneous","content":"## Part VI—Miscellaneous","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 28 Simplified outline of this Part\n\nThis Part deals with miscellaneous matters, such as delegations, regulations, and review of the Act.\n\n#### 29 Delegation by CEO\n\n (1) The CEO may, in writing, delegate the CEO’s powers under the following provisions to a member of the staff of the PWSS who is an SES employee or an acting SES employee:\n\n (a) subsection 15(5) (CEO to act as employer);\n\n (b) section 19 (suspension from duties by CEO).\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Delegation by CEO","content":"#### 29 Delegation by CEO","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Delegation by Prime Minister","content":"#### 30 Delegation by Prime Minister\n\n (1) The Prime Minister may, in writing, delegate all or any of the Prime Minister’s functions or powers under this Act to:\n (a) any Minister; or\n (b) an SES employee, or an acting SES employee, in either of the following:\n (i) the Department administered by the Prime Minister;\n (ii) the Department administered by the Minister; or\n\n (c) a member of the staff of the PWSS who is an SES employee or an acting SES employee.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Prime Minister.\n (3) To avoid doubt, subsection (1) does not apply in relation to functions or powers conferred on the Prime Minister merely in the capacity of parliamentarian or office‑holder.","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Powers may be exercised by authorised person","content":"#### 31 Powers may be exercised by authorised person\n\n (1) A parliamentarian or office‑holder (the authoriser) may, in writing, authorise another person to exercise, on the authoriser’s behalf, all or any of the authoriser’s functions or powers under this Act, if the authoriser is satisfied it is appropriate for the person to perform such functions or exercise such powers.\n (2) In performing the function or exercising the power, the authorised person must comply with any directions of the authoriser.","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Review of operation of this Act","content":"#### 32 Review of operation of this Act\n\n (1) The Minister must cause a review of the operation of this Act to be conducted as soon as practicable after 22 March 2026.\n (2) The persons undertaking the review must give the Minister a written report of the review.\n (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Regulations","content":"#### 33 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":33}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally a simple staffing act, it has grown significantly to include workplace safety and anti-discrimination principles, external oversight bodies (PWSS and IPSC), mandatory consultation requirements, and expanded procedural obligations on hiring, suspension, and termination."},"complexity_factors":["Numerous defined terms (e.g., 'employing individual', 'office-holder', 'relevant office') with cross-references","Multiple layers of employment types (electorate, personal ministerial, personal non-ministerial) with different rules","Conditional automatic termination provisions with a table of events and exceptions","Cross-references to external Acts (Fair Work Act, PWSS Act, anti-discrimination laws)","Distinction between legislative and non-legislative instruments for Prime Minister's determinations","Interaction between multiple decision-makers (employing individual, CEO, IPSC Commissioner) with overlapping powers"],"plain_english_summary":"This Act sets out how Australian parliamentarians (senators and members of the House of Representatives) and certain office-holders (like Ministers, Opposition leaders, and former Prime Ministers) can hire staff on behalf of the Commonwealth government. It creates two main types of employees: **electorate employees** (any parliamentarian can hire these to help with their work) and **personal employees** (only Ministers, certain office-holders, and former Prime Ministers can hire these). The Act also establishes workplace principles requiring a safe, respectful, and discrimination-free environment. It gives hiring and firing powers to parliamentarians and office-holders but adds new constraints: before terminating someone, they must consult the Parliamentary Workplace Support Service (PWSS), and the Independent Parliamentary Standards Commission (IPSC) can recommend disciplinary actions (including termination) that must be carried out. The Prime Minister can set conditions on hiring and vary employment terms. Employment automatically ends if the hiring politician dies, leaves office, or ceases to hold their position. The Act also creates a role for the PWSS to provide HR support and, in some cases, step in as employer, and for the IPSC to handle misconduct investigations."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"s16(3) and s16(4)","severity":"high","reasoning":"Section 16(3) imposes a mandatory obligation ('must consult') before termination. Section 16(4) immediately negates the consequence of breach by preserving the validity of any termination made without consultation. A mandatory obligation with no legal consequence for non-compliance is a legal nullity. The only sanction mentioned in the note to s16(3) — inclusion in a public report — is not in the Act itself and is merely reputational. This renders the 'must consult' requirement performative rather than substantive.","confidence":0.95,"description":"The Act requires the employing individual to consult with the PWSS before terminating employment, yet explicitly states that failure to do so does not affect the validity of the termination. The obligation is therefore legally meaningless and unenforceable."},{"type":"other","section":"s14(1) Table Items 3 and 4 read with s14(5)","severity":"low","reasoning":"Items 3 and 4 share the same triggering event and differ only in outcome conditions. They are logically mutually exclusive by design, meaning s14(5) should never need to resolve a clash between them. However, s14(5) could be read to give item 3 priority over item 4 in all cases where both might arguably be invoked, leading to an absurd result: personal employees could be terminated (item 3) even though the employing individual continues in an office-holder capacity, when item 4 (which terminates electorate employees too) was arguably more appropriate. The provision is not clearly self-contradicting but is ambiguously drafted.","confidence":0.6,"description":"Items 3 and 4 are mutually exclusive and exhaustive — one applies when the individual transitions to a new relevant office on the same day, the other when they do not. Section 14(5) states that when more than one event occurs simultaneously, only the first-listed event applies. However, items 3 and 4 are structurally designed so both could technically be engaged simultaneously (both describe the same triggering event — ceasing to hold a relevant office — with mutually exclusive conditions attached). Applying s14(5) in this context is logically redundant and could cause interpretive confusion about which employees are affected."},{"type":"impossible_compliance","section":"s19(1)(d)","severity":"high","reasoning":"Section 19 is framed as an independent protective mechanism allowing the CEO to act where workplace risks arise. However, s19(1)(d) requires the employing individual to agree before the CEO can act. Since the most likely scenario requiring CEO intervention is precisely one where the employing individual is unwilling or unable to act (or is themselves implicated), requiring their agreement defeats the entire rationale for having an independent CEO suspension power. The provision is structurally self-defeating.","confidence":0.92,"description":"The CEO's independent power to suspend an employee under section 19 is entirely contingent on the employing individual's agreement. This renders the CEO's power illusory — if the employing individual is the source of the workplace risk, they can simply withhold agreement and defeat the protective purpose of the provision."},{"type":"self_contradicting","section":"s3AA(2) read with s14(1) Table Item 2","severity":"medium","reasoning":"Section 3AA(2) preserves 'employing individual' status where a person ceases to be a parliamentarian but continues as an office-holder. This implies the employment relationship should continue. But s14(1) Item 2 automatically terminates employment upon ceasing to be a parliamentarian, with no exception for continuation as an office-holder. The two provisions pull in opposite directions. Item 4, by contrast, addresses cessation of office-holder status differently. In practice in Australia a non-parliamentarian minister is not possible, but the internal logic of the Act is nonetheless contradictory.","confidence":0.75,"description":"A parliamentarian who ceases to be a parliamentarian but continues as an office-holder does not cease to be an 'employing individual' under s3AA(2). Yet Table Item 2 terminates employment of all employees when the employing individual 'ceases to be a parliamentarian', without carving out the case where the individual remains an office-holder. This creates an absurd result where a former parliamentarian who becomes an office-holder (e.g. a Life Peer equivalent, or a non-parliamentary minister in some theoretical scenario) would see all their employees automatically terminated even though they remain an employing individual."},{"type":"impossible_compliance","section":"s8(3)","severity":"medium","reasoning":"Section 8(1)(b) specifically flags s8(3) as creating a real compliance obligation (unlike the rest of Part II). Yet the Act provides no mechanism to challenge, void, or sanction employment entered into without capability assessment. Employment made in breach of s8(3) would appear to remain valid. The obligation is therefore legally hollow, similar to the consultation obligation in s16(3)-(4).","confidence":0.82,"description":"Section 8(3) requires a parliamentarian or office-holder to assess capability before employing a person. However, there is no sanction, consequence, or enforcement mechanism attached to a failure to comply, and s5 notes that (with this one exception) descriptions in Part II do not create roles or responsibilities. This obligation therefore exists in a procedural vacuum — it is required but unenforceable."},{"type":"other","section":"s14(1) Table Item 1 — death of employing individual","severity":"medium","reasoning":"The Act creates an unusual legal fiction where employment continues beyond the death of the employer without substituting a new employing individual. The CEO exercises employer powers but is not the employing individual. This creates uncertainty about who bears legal liability as employer, who is the counterparty to any unfair dismissal claim, and who the employee resigns to (s17 addresses the resignation avenue but only partially resolves the ambiguity).","confidence":0.78,"description":"Upon the death of the employing individual, all employees' contracts are automatically terminated. However, s15(5) then allows the CEO to 'exercise the powers of an employer' in relation to those employees if the Prime Minister directs continuation. This means a dead person remains nominally the 'employing individual' and their employees remain in a legal employment limbo — employed by the Commonwealth through a deceased individual — until a specified date."},{"type":"other","section":"s2B (Simplified outline) read with s3 definition of 'office-holder'","severity":"medium","reasoning":"The definition of office-holder paragraph (b) specifically excludes current parliamentarians from the former-PM category of office-holder. A sitting MP who was formerly PM would not qualify as an office-holder on that basis and would need a s4 determination to employ personal staff. The simplified outline does not reflect this nuance and could mislead readers about entitlements.","confidence":0.85,"description":"The simplified outline states that 'former Prime Ministers' can employ personal employees. However, the definition of 'office-holder' in s3 includes 'a person, not being a parliamentarian, who held the office of Prime Minister'. This means a former Prime Minister who is still a sitting parliamentarian is NOT an office-holder under this definition, and therefore cannot employ personal employees under s11(3) as a former PM — only as a parliamentarian under s11(1) (electorate employees). The simplified outline is misleading."}],"contradictions":[{"severity":"high","section_a":"s16(3)","section_b":"s16(4)","confidence":0.97,"description":"Section 16(3) imposes a mandatory pre-termination consultation obligation with the PWSS, but s16(4) expressly provides that failure to comply with that obligation does not affect the validity of the termination. These two provisions directly contradict each other: one says you must consult, the other says it doesn't matter if you don't."},{"severity":"medium","section_a":"s3AA(2)","section_b":"s14(1) Table Item 2","confidence":0.78,"description":"Section 3AA(2) provides that a parliamentarian who ceases to be a parliamentarian but continues as an office-holder does not cease to be an employing individual (preserving the employment relationship). Table Item 2 of s14(1) automatically terminates the employment of all employees when the employing individual ceases to be a parliamentarian, with no exception for persons who remain office-holders. These provisions pull in contradictory directions regarding the survival of employment when someone transitions from parliamentarian to office-holder status."},{"severity":"high","section_a":"s19(1) (CEO suspension power)","section_b":"s2A(a) and s6(a) (objects and employment principles)","confidence":0.88,"description":"The Act's objects (s2A(a)) and employment principles (s6(a)) require a safe workplace free from bullying and harassment. The CEO suspension mechanism in s19, which is the primary independent safeguard for workplace safety, is rendered inoperable without the employing individual's agreement (s19(1)(d)). This directly contradicts the Act's stated safety objectives by ensuring the protective mechanism can be vetoed by the very person whose conduct may necessitate intervention."},{"severity":"low","section_a":"s15(6)","section_b":"s20(3)","confidence":0.65,"description":"Section 15(6) prohibits the CEO from exercising the power to terminate employment when acting as employer following a direction under s15(1) or (2). Section 20(3) then carves out an exception to s15(6) where termination is required following an IPSC recommendation. While technically reconcilable as exception to a rule, the drafting creates a structural contradiction in that s15(6) states the CEO 'may not' terminate, while s20(3) says this prohibition 'does not apply' in certain circumstances — the two provisions state contradictory positions that require the reader to synthesise them without clear priority rules in s15 itself."},{"severity":"medium","section_a":"s13(4)","section_b":"s13(2) and s13(3)","confidence":0.7,"description":"Sections 13(2) and 13(3) grant the Prime Minister broad power to vary terms and conditions of employment by determination. Section 13(4) then carves out that these powers cannot vary matters 'expressly provided for' by ss14, 16, 17, 18, 19 or 20. However, many terms and conditions of employment will intersect with these sections (e.g. notice periods, pay during suspension). The boundary between permissible variation of 'terms and conditions' and impermissible variation of matters 'expressly provided for' in those sections is undefined, creating an internal contradiction about the scope of the power."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1984 Act was a straightforward framework for employing parliamentary staff. This version has expanded significantly beyond simple employment administration into comprehensive workplace governance. It now embeds the Parliamentary Workplace Support Service (PWSS) and Independent Parliamentary Standards Commission (IPSC) throughout, creates detailed employment principles, mandates specific workplace cultures, and establishes complex intervention rights for independent bodies. The scope has shifted from 'how to pay staff' to 'how to prevent and respond to parliamentary workplace misconduct'."},"complexity_factors":["Multiple overlapping employment categories with different rules (electorate employees vs personal employees vs Ministerial vs non-Ministerial)","Complex automatic termination triggers in section 14 with a detailed table and multiple conditional exceptions (subsections 14(2)-(5))","Interaction with external legislation — Fair Work Act 2009, Public Governance Act 2013, Parliamentary Workplace Support Service Act 2023, and multiple discrimination acts","Dual suspension powers — both the employing politician and the CEO can suspend staff, with different procedural requirements and consultation obligations","Conditional delegation chains — Prime Minister can delegate to Ministers or SES employees; CEO can delegate to SES staff; politicians can authorise others to act on their behalf","Nested definitions — 'office-holder' includes former Prime Ministers and those covered by determinations under section 4, creating a layered classification system","IPSC recommendation mechanism in section 20 creates a mandatory employment action pathway that bypasses normal termination procedures"],"plain_english_summary":"This law sets up the rules for hiring and managing staff who work for Australian politicians (MPs and Senators) and certain office-holders (like Ministers and Opposition Leaders).\n\n**What it does:**\n- **Creates two types of staff**: \n - *Electorate employees* — work for any MP or Senator in their local office\n - *Personal employees* — work specifically for Ministers or other senior office-holders\n- **Sets workplace standards**: Requires safe, respectful workplaces free from bullying, harassment and discrimination. Decisions about hiring must be based on actual ability to do the job.\n- **Gives hiring power to politicians**: MPs and office-holders employ people on behalf of the Commonwealth (the government), but the Prime Minister can set conditions on how many staff they can have and other employment rules.\n- **Handles job endings**: Employment automatically ends if the politician dies, loses their seat, or leaves office (with some exceptions). Politicians can also fire staff with written notice, but must consult a support service first.\n- **Creates safety mechanisms**: The Parliamentary Workplace Support Service (PWSS) and Independent Parliamentary Standards Commission (IPSC) can step in to suspend staff, investigate problems, or recommend disciplinary actions including firing.\n\n**Who it affects:**\n- All MPs, Senators, Ministers, and certain Opposition leaders\n- Anyone employed to work for these politicians (thousands of electorate and personal staff)\n- The Prime Minister, who controls many of the rules\n\n**Why it matters:**\nThis law was significantly updated following scandals about bullying and harassment in Parliament House. It tries to balance giving politicians control over their own staff with protecting workers from abuse. It creates independent bodies that can intervene when things go wrong, rather than leaving staff completely at the mercy of their political bosses."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's original 1984 scope was a relatively narrow framework for employing parliamentary staff with basic employment mechanics. It has significantly expanded to include a strong workplace safety and anti-harassment focus, mandatory capability-based recruitment requirements, formal oversight bodies (PWSS and IPSC) with binding powers, mandatory consultation obligations before termination and suspension, and enforcement mechanisms for IPSC recommendations. The 2023 amendments in particular transformed the Act from a simple employment-enabling statute into a comprehensive workplace governance framework responding to well-publicised concerns about bullying and harassment in parliamentary offices."},"complexity_factors":["Multiple overlapping categories of employees (electorate, personal Ministerial, personal non-Ministerial) with different rules for each","Automatic termination provisions with multiple triggering events and exceptions create complex scenarios that are difficult to track","Interaction with multiple external legal frameworks (Fair Work Act, anti-discrimination laws, Work Health and Safety Act, Parliamentary Workplace Support Service Act 2023)","Multiple actors with overlapping powers (parliamentarians, Prime Minister, CEO of PWSS, IPSC Commissioners) and hierarchical decision-making","The concept of 'employing individual' changing over time (e.g., when a politician moves from one role to another) creates complex continuity-of-employment questions","IPSC recommendation enforcement mechanism creates a mandatory action regime that intersects with normal employer discretion","Prime Minister's broad discretionary powers (approvals, determinations, directions) that are largely non-legislative instruments and therefore harder to scrutinise","Delegation chains (PM to Ministers/SES staff; CEO to SES staff; parliamentarians to authorised persons) add layers to understanding who actually has authority"],"plain_english_summary":"## Members of Parliament (Staff) Act 1984 — What You Need to Know\n\n### What Does This Law Do?\nThis Act sets up the rules for how **Australian federal politicians (senators and members of the House of Representatives) hire and manage their staff** on behalf of the Commonwealth (i.e., the Australian government foots the bill).\n\n### Who Does It Affect?\n- **All federal parliamentarians** — every senator and member of the House of Representatives\n- **Ministers and senior opposition figures** (like the Leader of the Opposition)\n- **Staff employed by parliamentarians** — called \"electorate employees\" (e.g., office staff in a politician's electorate office) or \"personal employees\" (e.g., ministerial advisers)\n- **The Parliamentary Workplace Support Service (PWSS)** — a body that provides HR support and oversight\n- **The Independent Parliamentary Standards Commission (IPSC)** — a watchdog that can recommend disciplinary actions against staff\n\n### Two Types of Staff\n1. **Electorate employees** — Any parliamentarian can hire these. They typically help with local/electorate work.\n2. **Personal employees** — Only Ministers, senior opposition leaders, and certain other office-holders can hire these. They provide more direct personal/political assistance.\n\n### Key Rules\n**For Parliamentarians (as employers):**\n- They must hire staff via a **written agreement** (a formal contract)\n- Before hiring, they **must assess whether the person can actually do the job** — you can't just hire a mate without checking their capability\n- They are responsible for **day-to-day management** of their staff\n- They must comply with standard Australian workplace laws (anti-discrimination, fair work, work health and safety, etc.)\n- They can fire staff by giving **written notice**, but must first **consult with the PWSS** (the HR support body). Failing to consult doesn't make the firing invalid, but it can be publicly reported\n- They can suspend staff for up to **30 days at a time** — normally with pay, unless there are exceptional circumstances\n\n**For Staff (employees):**\n- Their employment **automatically ends** if their boss (the parliamentarian/office-holder) dies, loses their seat, or leaves their relevant position — this is a unique feature of parliamentary employment\n- The Prime Minister can issue directions to **extend employment** past one of these automatic termination events (e.g., to give staff time to transition)\n- Staff can **resign** at any time by giving written notice\n- Staff must follow any directions given when exercising powers on their employer's behalf\n\n**Workplace Standards:**\nThe Act sets out **employment principles** requiring the workplace to be:\n- Safe and free from bullying and harassment\n- Free from discrimination\n- Based on merit (capability-based hiring)\n- Professionally and ethically run\n- Supportive of training and development\n\n**Oversight Bodies:**\n- The **PWSS** provides HR support, can suspend staff in certain circumstances, and can step in to manage staff if a parliamentarian dies or loses their seat\n- The **IPSC** can investigate misconduct and recommend actions ranging from a written reprimand, fines (up to 2% of salary), compulsory training, or even termination — and these recommendations **must be acted on**\n\n**Prime Minister's Powers:**\nThe PM has significant control over the framework, including:\n- Approving how many staff parliamentarians can hire\n- Setting and varying terms and conditions of employment\n- Directing that automatic terminations don't take effect (e.g., after an election)\n\n### Why Does This Matter?\nThis law governs the employment of thousands of staff who work in politicians' offices across Australia. It affects their job security (which is tied directly to their employer's political career), their rights at work, and the standards of behaviour expected in parliamentary offices — including protections against harassment and bullying, which have been a significant focus of reforms to this Act in recent years."}},"importantCases":[],"_links":{"self":"/api/acts/members-of-parliament-staff-act-1984","history":"/api/acts/members-of-parliament-staff-act-1984/history","analysis":"/api/acts/members-of-parliament-staff-act-1984/analysis","conflicts":"/api/acts/members-of-parliament-staff-act-1984/conflicts","importantCases":"/api/acts/members-of-parliament-staff-act-1984/important-cases","documents":"/api/acts/members-of-parliament-staff-act-1984/documents"}}