12Contracts of employment

#### 12 Contracts of employment (1) A foreign State, as employer, is not immune in a proceeding in so far as the proceeding concerns the employment of a person under a contract of employment that was made in Australia or was to be performed wholly or partly in Australia. (2) A reference in subsection (1) to a proceeding includes a reference to a proceeding concerning: (a) a right or obligation conferred or imposed by a law of Australia on a person as employer or employee; or (b) a payment the entitlement to which arises under a contract of employment. (3) Where, at the time when the contract of employment was made, the person employed was: (a) a national of the foreign State but not a permanent resident of Australia; or (b) an habitual resident of the foreign State; subsection (1) does not apply. (4) Subsection (1) does not apply where: (a) an inconsistent provision is included in the contract of employment; and (b) a law of Australia does not avoid the operation of, or prohibit or render unlawful the inclusion of, the provision. (5) Subsection (1) does not apply in relation to the employment of: (a) a member of the diplomatic staff of a mission as defined by the Vienna Convention on Diplomatic Relations, being the Convention the English text of which is set out in the Schedule to the Diplomatic Privileges and Immunities Act 1967; or (b) a consular officer as defined by the Vienna Convention on Consular Relations, being the Convention the English text of which is set out in the Schedule to the Consular Privileges and Immunities Act 1972. (6) Subsection (1) does not apply in relation to the employment of: (a) a member of the administrative and technical staff of a mission as defined by the Convention referred to in paragraph (5)(a); or (b) a consular employee as defined by the Convention referred to in paragraph (5)(b); unless the member or employee was, at the time when the contract of employment was made, a permanent resident of Australia. (7) In this section, permanent resident of Australia means: (a) an Australian citizen; or (b) a person resident in Australia whose continued presence in Australia is not subject to a limitation as to time imposed by or under a law of Australia.