{"id":"nsw:act-2013-041","name":"Members of Parliament Staff Act 2013","slug":"members-of-parliament-staff-act-2013","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"41 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29831,"registerId":"nsw-act-2013-041-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > conditions of employment has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> > \n> > function includes a power, authority or duty and exercise a function includes perform a duty.\n> > \n> > member of Parliament means a member of the Legislative Council or a member of the Legislative Assembly.\n> > \n> > political office holder means—\n> > \n> > > (a) a Minister, or\n> > \n> > > (b) the Leader of the Opposition in the Legislative Assembly, or\n> > \n> > > (c) the holder of a Parliamentary office in respect of which a determination under section 4 is in force.\n> > \n> > Presiding Officer means the President of the Legislative Council or the Speaker of the Legislative Assembly.\n> > \n> > relevant Presiding Officer means—\n> > \n> > > (a) in relation to a person employed under Part 3 by a member of the Legislative Council—the President of the Legislative Council, or\n> > \n> > > (b) in relation to a person employed under Part 3 by a member of the Legislative Assembly—the Speaker of the Legislative Assembly.\n> > \n> > special office holder means a member of Parliament who holds an office specified in Schedule 1.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Additional political office holders","content":"#### 4 Additional political office holders\n\n4 Additional political office holders\n\n> > (1) The Premier may, having regard to the duties associated with a Parliamentary office held by a member of Parliament, determine that the holder of that office is entitled to employ staff under Part 2 in the member’s capacity as a political office holder.\n> \n> > (2) A determination under this section—\n> > \n> > > (a) cannot be made in respect of a special office holder, and\n> > \n> > > (b) may be varied or revoked by the Premier.\n> \n> > (3) Any such determination, including any variation or revocation, is required to be published in the Gazette.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Staff of political office holders","content":"# Part 2 Staff of political office holders\n\nPart 2 Staff of political office holders","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Political office holders may employ staff","content":"#### 5 Political office holders may employ staff\n\n5 Political office holders may employ staff\n\n> > (1) A political office holder may, on behalf of the State, employ a person under a written agreement as a member of the office holder’s staff.\n> \n> > (2) Any such written agreement may be varied or replaced by a further agreement in writing.\n> \n> > (3) The power of a political office holder to employ staff under this Part may be exercised only in accordance with arrangements approved by the Premier and the exercise of that power is subject to such conditions as are determined by the Premier.\n> \n> > (4) Without limiting subsection (3), the Premier may determine the number of staff that a political office holder may employ under this Part.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Terms of written employment agreement","content":"#### 6 Terms of written employment agreement\n\n6 Terms of written employment agreement\n\n> > (1) The Premier may approve a model agreement for the employment of staff under this Part. The model agreement may be varied or replaced with the approval of the Premier.\n> \n> > (2) The written agreement by which a person is employed under this Part must be in the terms of the model agreement as approved for the time being by the Premier.\n> \n> > (3) However, any such written agreement of employment may, with the approval of the Premier, contain different or additional terms.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Conditions of employment","content":"#### 7 Conditions of employment\n\n7 Conditions of employment\n\n> > (1) The Premier may from time to time determine the conditions of employment of persons employed under this Part.\n> \n> > (2) The conditions of employment of a person employed under this Part are, except in so far as provision is otherwise made by the person’s written agreement of employment, such as may be fixed by a determination made under this section.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Termination of employment","content":"#### 8 Termination of employment\n\n8 Termination of employment\n\n> > (1) The employment of a person under this Part by a political office holder terminates—\n> > \n> > > (a) if the political office holder ceases to hold that office for any reason (even if, after ceasing to hold that office, he or she immediately becomes a political office holder), or\n> > \n> > > (b) on the day appointed for the taking of the poll for the next general election, or\n> > \n> > > (c) if the person resigns by letter addressed to the political office holder, or\n> > \n> > > (d) if the services of the person are dispensed with by the political office holder.\n> \n> > (2) The Premier may direct in a particular case that the employment of a person that would otherwise terminate because of the operation of subsection (1) (a) or (b) does not terminate. In that case, the person’s employment continues for such period as the Premier directs and the person is taken to be employed by the Premier during that period.\n> \n> > (3) A political office holder may at any time dispense with the services of a person employed by the office holder under this Part.\n> \n> > (4) This section has effect despite anything in the written agreement of employment of the person concerned.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Temporary staff assignments","content":"#### 9 Temporary staff assignments\n\n9 Temporary staff assignments\n\n> A person who is employed under this Part by a political office holder may be temporarily assigned to carry out work for another political office holder in accordance with arrangements made by those political office holders.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Administrative support services","content":"#### 10 Administrative support services\n\n10 Administrative support services\n\n> The Secretary of the Premier’s Department is to provide administrative and other support services (including information technology services) for political office holders and their staff.\n> \n> **s 10:** Am 2023 No 35, Sch 4.27.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Delegation by Premier","content":"#### 11 Delegation by Premier\n\n11 Delegation by Premier\n\n> > (1) The Premier may delegate to an authorised person any of the Premier’s functions under this Part, other than this power of delegation.\n> \n> > (2) In this section—\n> > \n> > authorised person means any of the following—\n> > \n> > > (a) the holder of a statutory office,\n> > \n> > > (b) a political office holder or member of staff of a political office holder,\n> > \n> > > (c) a person employed in the service of the Crown,\n> > \n> > > (d) a person authorised by the regulations.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Delegation by political office holder","content":"#### 12 Delegation by political office holder\n\n12 Delegation by political office holder\n\n> A political office holder may delegate to a member of the political office holder’s staff any of the office holder’s functions under this Part in relation to other members of the office holder’s staff.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Delegation of expenditure of money appropriated to Premier for staff of political office holders","content":"#### 13 Delegation of expenditure of money appropriated to Premier for staff of political office holders\n\n13 Delegation of expenditure of money appropriated to Premier for staff of political office holders\n\n> > (1) This section applies in relation to any function of the Premier of a kind referred to in section 9.7 (1) (b) of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) involving expenditure for the purposes of this Part.\n> \n> > (2) The power of the Premier under section 9.9 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) to delegate a function to which this section applies is taken to include the power to delegate the function to a member of staff of a political office holder.\n> \n> **s 13:** Subst 2018 No 70, Sch 4.66.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Staff of members of Parliament","content":"# Part 3 Staff of members of Parliament\n\nPart 3 Staff of members of Parliament","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Members of Parliament may employ staff","content":"#### 14 Members of Parliament may employ staff\n\n14 Members of Parliament may employ staff\n\n> > (1) A member of Parliament may, on behalf of the State, employ a person under a written agreement to assist the member in exercising his or her functions as a member of Parliament.\n> \n> > (2) Any such written agreement may be varied or replaced by a further agreement in writing.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Employment of additional staff by special office holders","content":"#### 15 Employment of additional staff by special office holders\n\n15 Employment of additional staff by special office holders\n\n> > (1) A member of Parliament who holds an office specified in Schedule 1 may, in his or her capacity as a special office holder and in addition to the entitlement to employ staff under section 14, employ a person on behalf of the State under a written agreement to assist the special office holder in exercising the functions of that office.\n> \n> > (2) Any such written agreement may be varied or replaced by a further agreement in writing.\n> \n> > (3) The regulations may amend Schedule 1 by inserting, altering or omitting the description of an office held by a member of Parliament.\n> \n> > (4) A regulation under subsection (3) may be made only on the joint recommendation of the Presiding Officers.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Staff to be employed subject to arrangements approved by Presiding Officers","content":"#### 16 Staff to be employed subject to arrangements approved by Presiding Officers\n\n16 Staff to be employed subject to arrangements approved by Presiding Officers\n\n> > (1) The power of a member of Parliament to employ staff under this Part may be exercised only in accordance with arrangements approved by the relevant Presiding Officer and the exercise of that power is subject to such conditions as are determined by the relevant Presiding Officer.\n> \n> > (2) This section is subject to section 18.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Terms of written employment agreement","content":"#### 17 Terms of written employment agreement\n\n17 Terms of written employment agreement\n\n> > (1) The relevant Presiding Officer may approve a model agreement for the employment of staff under this Part. Any such model agreement may be varied or replaced with the approval of the relevant Presiding Officer.\n> \n> > (2) The written agreement by which a person is employed under this Part must be in the terms of the model agreement as approved for the time being by the relevant Presiding Officer.\n> \n> > (3) However, any such written agreement may, with the written approval of the relevant Presiding Officer, contain different or additional terms.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Number of staff","content":"#### 18 Number of staff\n\n18 Number of staff\n\n> The number of persons—\n> \n> > (a) that a member of Parliament is entitled to employ under section 14, and\n> \n> > (b) that a special office holder (other than the President or Deputy President of the Legislative Council or the Speaker or Deputy Speaker of the Legislative Assembly) is entitled to employ under section 15,\n> \n> is to be determined in accordance with a determination by the Parliamentary Remuneration Tribunal.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Conditions of employment","content":"#### 19 Conditions of employment\n\n19 Conditions of employment\n\n> > (1) The relevant Presiding Officer may from time to time determine the conditions of employment of persons employed under this Part.\n> \n> > (2) The conditions of employment of a person employed under this Part are, except in so far as provision is otherwise made by the person’s written agreement of employment, such as may be fixed by a determination made under this section.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Termination of employment","content":"#### 20 Termination of employment\n\n20 Termination of employment\n\n> > (1) The employment of a person under this Part by a member of Parliament terminates—\n> > \n> > > (a) in the case of a person employed by a member of Parliament under section 14—if the member ceases to be a member of Parliament, or\n> > \n> > > (b) in the case of a person employed by a member of the Legislative Council under section 14—if the member becomes a political office holder, or\n> > \n> > > (c) in the case of a person employed by a member of Parliament in his or her capacity as a special office holder under section 15—if the member of Parliament ceases to be a special office holder or a member of Parliament, or\n> > \n> > > (d) on the day appointed for the taking of the poll for the next general election, or\n> > \n> > > (e) if the person resigns by letter addressed to the member of Parliament, or\n> > \n> > > (f) if the person’s services are dispensed with by the member of Parliament.\n> \n> > (1A) The employment of a person under this Part by a member of Parliament may also be terminated by the relevant Presiding Officer under section 20A.\n> \n> > (2) The relevant Presiding Officer may direct in a particular case that the employment of a person that would otherwise terminate because of the operation of subsection (1) (a)–(d) does not terminate. In that case, the person’s employment continues for such period as the relevant Presiding Officer directs and the person is taken to be employed by the relevant Presiding Officer during that period.\n> \n> > (3) A member of Parliament may at any time dispense with the services of a person employed by the member of Parliament under this Part.\n> \n> > (4) This section has effect despite anything in the written agreement of employment of the person concerned.\n> \n> **s 20:** Am 2017 No 44, Sch 1.18 \\[1\\].","sortOrder":22},{"sectionNumber":"20A","sectionType":"section","heading":"Termination by relevant Presiding Officer of employment for misconduct","content":"#### 20A Termination by relevant Presiding Officer of employment for misconduct\n\n20A Termination by relevant Presiding Officer of employment for misconduct\n\n> > (1) The employment of a person under this Part by a member of Parliament may be terminated by the relevant Presiding Officer after consulting the member of Parliament if the relevant Presiding Officer is satisfied that the staff member has engaged in misconduct.\n> \n> > (2) The relevant Presiding Officer may not terminate the employment of a staff member unless—\n> > \n> > > (a) the staff member is notified in writing of the proposed termination and the reasons for taking that action, and\n> > \n> > > (b) the staff member is given a reasonable opportunity to make submissions in relation to the proposed termination, and\n> > \n> > > (c) if any such submissions are made, the relevant Presiding Officer has taken those submissions into consideration.\n> \n> > (3) If—\n> > \n> > > (a) any matter relating to the misconduct by a staff member is being dealt with by the relevant Presiding Officer, or\n> > \n> > > (b) a staff member is charged with a serious offence,\n> > \n> > the relevant Presiding Officer may, after consulting the member of Parliament who employed the staff member, suspend the staff member from duty until the matter or the criminal charge has been dealt with and any subsequent action has been taken by the relevant Presiding Officer. Any such suspension may be removed by the relevant Presiding Officer at any time.\n> \n> > (4) The relevant Presiding Officer may direct that any remuneration payable to a staff member while the staff member is suspended from duty under this section is to be withheld.\n> \n> > (5) If, in the case of a staff member whose employment is suspended—\n> > \n> > > (a) the relevant Presiding Officer terminates the employment of the staff member for misconduct, or\n> > \n> > > (b) the staff member is convicted of the offence concerned,\n> > \n> > any remuneration so withheld is forfeited to the State unless the relevant Presiding Officer otherwise directs or that remuneration was due to the staff member in respect of a period before the suspension was imposed.\n> \n> > (6) Action may be taken or continued under this section in respect of a staff member despite the staff member resigning or otherwise ceasing to be employed by the member of Parliament concerned.\n> \n> > (7) A member of Parliament may not, except with the approval of the relevant Presiding Officer, employ a person under this Part if the person’s employment has been terminated at any time under this section.\n> \n> > (8) This section does not limit the power of a member of Parliament to dispense with the services of a staff member under section 20.\n> \n> > (9) This section has effect despite anything in the written agreement of employment of the staff member concerned.\n> \n> > (10) In this section—\n> > \n> > detrimental action has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014).\n> > \n> > detrimental action offence has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014).\n> > \n> > misconduct in relation to a staff member includes the following—\n> > \n> > > (a) taking action that constitutes a detrimental action offence,\n> > \n> > > (b) taking detrimental action against another person in circumstances where—\n> > > \n> > > > (i) the person taking the detrimental action suspects, believes or is aware, when taking the action, that any person has made, may have made, may make or proposes to make a disclosure about alleged misconduct by a staff member, and\n> > > \n> > > > (ii) the suspicion, belief or awareness, whether correct or incorrect, is a contributing factor in the taking of the detrimental action,\n> > \n> > > (c) a conviction or finding of guilt for a serious offence.\n> > \n> > The subject matter of any misconduct by a staff member may relate to an incident or conduct that happened while the staff member was not on duty, before his or her employment or before the commencement of this section.\n> > \n> > serious offence means an offence punishable by imprisonment for life or for 12 months or more (including an offence committed outside New South Wales that would be an offence so punishable if committed in New South Wales).\n> > \n> > staff member means a person who is employed under this Part by a member of Parliament.\n> \n> **s 20A:** Ins 2017 No 44, Sch 1.18 \\[2\\]. Am 2022 No 14, Sch 8.17\\[1\\] \\[2\\].","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Administrative support services","content":"#### 21 Administrative support services\n\n21 Administrative support services\n\n> Each of the following is to provide administrative and other support services in relation to staff employed by members of Parliament under this Part—\n> \n> > (a) the Clerk of the Parliaments,\n> \n> > (b) the Clerk of the Legislative Assembly,\n> \n> > (c) the Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Delegation by Presiding Officers","content":"#### 22 Delegation by Presiding Officers\n\n22 Delegation by Presiding Officers\n\n> > (1) The President of the Legislative Council may delegate any of the President’s functions under this Part (other than this power of delegation) to—\n> > \n> > > (a) the Clerk of the Parliaments, or\n> > \n> > > (b) the Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services.\n> \n> > (2) The Speaker of the Legislative Assembly may delegate any of the Speaker’s functions under this Part (other than this power of delegation) to—\n> > \n> > > (a) the Clerk of the Legislative Assembly, or\n> > \n> > > (b) the Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Employment of staff under this Part by political office holders","content":"#### 23 Employment of staff under this Part by political office holders\n\n23 Employment of staff under this Part by political office holders\n\n> > (1) This Part extends to a member of Parliament who is a political office holder.\n> \n> > (2) However, a member of Parliament who is a political office holder—\n> > \n> > > (a) is not authorised to employ persons under this Part to assist the member in exercising his or her functions as a political office holder, and\n> > \n> > > (b) is not, if the member employs persons under Part 2, authorised—\n> > > \n> > > > (i) to employ persons under section 14 if the member is a member of the Legislative Council, or\n> > > \n> > > > (ii) to employ persons under section 15.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Vicarious liability for certain torts committed by members of Parliament","content":"#### 24 Vicarious liability for certain torts committed by members of Parliament\n\n24 Vicarious liability for certain torts committed by members of Parliament\n\n> > (1) This section applies to a tort that is committed by a member of Parliament—\n> > \n> > > (a) in relation to a person employed by the member under this Part, and\n> > \n> > > (b) in the course of or incidental to exercising the member’s functions as a member of Parliament.\n> \n> > (2) Any vicarious liability in respect of a tort to which this section applies that would, but for this section, be the vicarious liability of the Crown is, despite any provision of the [Law Reform (Vicarious Liability) Act 1983](/view/html/inforce/current/act-1983-038), the vicarious liability of the office of the relevant Presiding Officer.\n> \n> > (3) This section does not apply to a tort committed by a member of Parliament before the commencement of this section.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Other liability of members of Parliament as employers","content":"#### 25 Other liability of members of Parliament as employers\n\n25 Other liability of members of Parliament as employers\n\n> > (1) Any liability incurred under any Act or law by a member of Parliament in his or her capacity as the employer of persons under this Part is taken to be the liability of the office of the relevant Presiding Officer.\n> \n> > (2) Subsection (1) does not affect the liability of a member of Parliament for any act or omission for which the member would be liable if the member were not an employer of persons under this Part.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Industrial proceedings excluded","content":"#### 26 Industrial proceedings excluded\n\n26 Industrial proceedings excluded\n\n> > (1) In this section, a reference to the employment of a staff member is a reference to—\n> > \n> > > (a) the engagement of, or failure to engage, a person under this Act, or\n> > \n> > > (b) dispensing with the services of, or other termination of the employment of, a person employed under this Act, or\n> > \n> > > (c) any disciplinary proceedings or action taken against a person employed under this Act, or\n> > \n> > > (d) the remuneration or other conditions of employment of a person employed under this Act.\n> \n> > (2) The employment of a staff member, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (3) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the employment of a staff member.\n> \n> > (4) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of staff members.\n> \n> > (5) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Regulations","content":"#### 27 Regulations\n\n27 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The Minister is not to recommend the making of a regulation relating to the employment of persons under Part 3 unless the Minister has certified that the relevant Presiding Officer has been consulted on the proposed regulation.\n> \n> > (3) Subsection (2) does not apply in relation to a regulation made under section 15 (3).","sortOrder":31},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Special office holders","content":"# Schedule 1 Special office holders\n\nSchedule 1 Special office holders\n\n(Section 15)\n\nGovernment Whip\n\nOpposition Whip\n\nWhip of a recognised party with 10 or more members in the Legislative Assembly (other than the Government or Opposition Whip)\n\nSpeaker of the Legislative Assembly\n\nDeputy Speaker of the Legislative Assembly\n\nPresident of the Legislative Council\n\nDeputy President of the Legislative Council\n\nLeader of the Opposition in the Legislative Council\n\nDeputy Leader of the Opposition in the Legislative Council\n\nDeputy Leader of the Opposition in the Legislative Assembly\n\n**sch 1:** Am 2020 (742), cl 3.","sortOrder":32},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n**sch 2:** Am 2023 No 35, Sch 4.27.","sortOrder":33},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":44}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2013 Act established the basic framework for MP and ministerial staff employment. However, the scope has expanded significantly through amendments: (1) Section 20A was inserted in 2017 adding a comprehensive misconduct and termination regime including whistleblower protections; (2) Section 13 was substituted in 2018 to align with the new Government Sector Finance Act; (3) Section 20A was amended in 2022 to reference the new Public Interest Disclosures Act; (4) Schedule 1 has been amended to adjust which parliamentary offices qualify for additional staff. The Act has grown from a simple employment framework to include complex disciplinary procedures, records management protocols, and financial delegation rules."},"complexity_factors":["Dual employment schemes (Part 2 vs Part 3) with different oversight bodies (Premier vs Presiding Officers)","Multiple termination triggers with override powers (ss 8, 20, 20A)","Cross-references to external legislation: Industrial Relations Act 1996, Government Sector Finance Act 2018, Public Interest Disclosures Act 2022, State Records Act 1998, Constitution Act 1902","Nested definitions: 'political office holder' depends on 'member of Parliament' and 'special office holder'; 'relevant Presiding Officer' has conditional logic based on which House employs the staff","Vicarious liability provisions (s 24) that modify general law from Law Reform (Vicarious Liability) Act 1983","Industrial relations exclusion clause (s 26) with multiple subsections carving out different types of proceedings","Transitional provisions preserving accrued leave and superannuation rights for existing staff (Schedule 2, clauses 3-4)","Records management provisions (Schedule 2, clauses 7-8) with 7-year retention periods and consultation requirements"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the rules for hiring, managing, and firing staff who work for NSW politicians. It creates two separate systems:\n\n- **Part 2** covers staff working for Ministers, the Leader of the Opposition, and other senior political figures (called \"political office holders\"). The Premier controls how many staff they can hire, what their contracts look like, and their working conditions.\n\n- **Part 3** covers staff working for ordinary MPs (members of Parliament) and certain senior parliamentary office holders like the Speaker and Whips. The Presiding Officers (the President of the Legislative Council and the Speaker of the Legislative Assembly) oversee these arrangements, including approving employment contracts and setting conditions.\n\n**Key features:**\n\n- **Employment is tied to the politician:** If an MP loses their seat, becomes a Minister, or an election is called, their staff's jobs automatically end (though the Premier or Presiding Officer can extend employment temporarily).\n\n- **Industrial law doesn't apply:** Staff can't take industrial disputes to the Industrial Relations Commission. Their employment is governed by this Act and their individual contracts, not collective awards.\n\n- **Misconduct powers:** Since 2017, Presiding Officers can sack MP staff for serious misconduct (including retaliating against whistleblowers) after following procedural fairness steps.\n\n- **Liability protection:** The Crown (the State) isn't vicariously liable for wrongful acts by MPs towards their staff—instead, the relevant Presiding Officer's office carries that liability.\n\n**Who it affects:**\n\n- MPs and Ministers who need staff to do their jobs\n- The roughly 2,000+ people employed as electorate officers, ministerial advisers, and parliamentary staff in NSW\n- The Premier and Presiding Officers who administer the system\n\n**Why it matters:**\n\nThis law keeps political staff out of the regular public service, giving politicians flexibility to hire people they trust while maintaining some oversight. The trade-off is that these staff lack normal industrial protections and their job security is entirely dependent on their boss's political fortunes."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act has been amended since 2013 (e.g., adding misconduct termination powers in 2017, updating references to other Acts), but its core purpose and structure remain the same: providing a bespoke employment framework for parliamentary staff, distinct from the public service and industrial relations systems."},"complexity_factors":["Multiple defined terms cross-referencing other Acts (e.g., 'conditions of employment', 'misconduct', 'detrimental action')","Two parallel employment regimes (Part 2 for political office holders, Part 3 for MPs) with different approval authorities","Complex termination provisions with automatic cessation, ministerial directions, and misconduct processes (including suspension and forfeiture of remuneration)","Exclusion of industrial proceedings (section 26) with detailed carve-outs","Delegation powers spread across Premier, political office holders, and Presiding Officers","Transitional provisions preserving entitlements and deeming existing staff","Amendments adding misconduct provisions (2017) and cross-references to newer Acts (e.g., Public Interest Disclosures Act 2022)"],"plain_english_summary":"This Act sets out how members of Parliament (MPs) and political office holders (like Ministers and the Opposition Leader) in New South Wales can hire and manage staff. \n\n**Who it covers:**\n- **Political office holders** (Part 2): Ministers, the Leader of the Opposition, and others declared by the Premier. They can employ staff under a written agreement, following arrangements approved by the Premier.\n- **MPs and special office holders** (Part 3): Ordinary MPs and those with special roles (e.g., Whips, Speaker, President). They can employ staff to help with parliamentary duties, under arrangements approved by the relevant Presiding Officer (President of the Legislative Council or Speaker of the Legislative Assembly).\n\n**Key rules:**\n- Staff are employed via written agreements that must follow a model agreement approved by the Premier (Part 2) or Presiding Officer (Part 3), unless different terms are approved.\n- The Premier or Presiding Officer can set conditions of employment (like leave, pay) separately from the agreement.\n- Employment ends automatically if the MP or office holder loses their position, at the next general election, if the staff member resigns, or if the MP/office holder dismisses them. However, the Premier or Presiding Officer can direct that employment continues for a set period.\n- For Part 3, the Presiding Officer can also fire a staff member for misconduct (after giving notice and a chance to respond) and can suspend them without pay.\n- The number of staff an MP or special office holder can hire is set by the Parliamentary Remuneration Tribunal.\n- Staff cannot use industrial laws (like the Industrial Relations Act) to challenge their employment conditions or termination.\n- Administrative support (like IT) is provided by the Premier's Department (Part 2) or parliamentary officers (Part 3).\n- The Act also applies to existing staff who were employed under previous laws, preserving their accrued leave and superannuation rights.\n\n**Why it matters:** It creates a clear, separate employment system for parliamentary staff, removing them from general public service rules and industrial relations, while giving MPs and office holders flexibility but also central control over budgets and conditions."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained focused on its original purpose of regulating the employment of staff by NSW Members of Parliament. The multiple amendments suggest refinements and updates rather than any fundamental expansion or contraction of scope. No evidence of scope drift is apparent from the information provided."},"complexity_factors":["Multiple amendments over a decade (2014, 2017, 2018, 2020, 2023) create layered version history that requires careful navigation to understand current obligations","Operates at the intersection of employment law and parliamentary/constitutional law — a specialised and niche area","The employment relationship between MPs and their staff is legally unusual (MP as employer, but publicly funded), which can create ambiguity around rights and responsibilities","Only metadata and status information is available in this extract — the actual operative provisions of the Act are not shown, limiting full assessment","Interaction with other NSW public sector employment legislation may create complexity around which laws apply in which circumstances"],"plain_english_summary":"## Members of Parliament Staff Act 2013 (NSW)\n\n**What is this?**\nThis is a New South Wales law that governs how staff employed by Members of Parliament (MPs) in NSW are hired, managed, and treated in the workplace.\n\n**Who does it affect?**\n- **Parliamentary staffers** — people who work directly for individual NSW MPs (e.g., electorate officers, research assistants, advisers)\n- **Members of Parliament** — who act as the employers of their personal staff\n- **The NSW Premier's office** — which holds ministerial responsibility for the Act\n\n**Why does it matter?**\nUnlike regular public servants (who work for government departments), staff employed directly by MPs exist in a unique employment relationship. This Act creates a dedicated legal framework covering things like employment conditions, entitlements, and workplace rights for those staff — filling a gap that general public sector employment laws might not adequately address.\n\n**Key points:**\n- The Act has been amended **multiple times** since 2013 (in 2014, 2017, 2018, 2020, and 2023), suggesting the rules have evolved as issues emerged in practice\n- The most recent update was **30 October 2023**\n- The **Premier** is the responsible minister, reflecting that parliamentary staffing sits at the centre of executive government\n\n**In plain terms:** If you work for an NSW MP — answering calls, managing their office, or providing policy advice — this law sets out your basic employment rights and your boss's obligations toward you."}},"importantCases":[],"_links":{"self":"/api/acts/members-of-parliament-staff-act-2013","history":"/api/acts/members-of-parliament-staff-act-2013/history","analysis":"/api/acts/members-of-parliament-staff-act-2013/analysis","conflicts":"/api/acts/members-of-parliament-staff-act-2013/conflicts","importantCases":"/api/acts/members-of-parliament-staff-act-2013/important-cases","documents":"/api/acts/members-of-parliament-staff-act-2013/documents"}}