35Secondments to staff of political office holders

#### 35 Secondments to staff of political office holders 35 Secondments to staff of political office holders > > (1) In this clause— > > > > political office holder has the same meaning as in the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041). > > > > staff of a political office holder means the group of staff who are employed by the political office holder under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041). > > > (2) A government sector employee may, at the request of the employee, be seconded to the staff of a political office holder by agreement between the head of the agency in which the person is employed and the political office holder. > > > (3) Any such agreement is to set out the following— > > > > > (a) the period of the secondment, > > > > > (b) the financial responsibilities relating to the employee’s entitlements, > > > > > (c) the procedure to be followed on completion of the secondment, > > > > > (d) the circumstances in which the secondment may be terminated and the form of notice to be given to terminate the secondment before the end of the agreed period of secondment. > > > (4) A copy of the agreement must be provided to the seconded employee. > > > (5) The political office holder to whose staff an employee is seconded under this clause is responsible for ensuring that the employee is assigned a suitable role while seconded to that office. > > > (6) The seconded employee is, while seconded to the staff of a political office holder under this clause, subject to the conditions of employment applying to the members of that staff under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041). > > > (7) Any annual leave accrued by the seconded employee in the service of a government sector agency may be taken while on secondment to the staff of a political office holder. > > > (8) On completion of the secondment, the seconded employee— > > > > > (a) retains any rights to leave accrued by the person while on secondment, and > > > > > (b) is entitled to return to the government sector agency from which the employee was seconded at the same work level at which the person was employed immediately before being seconded. > > > (9) The period of a person’s secondment under this clause is, for the purposes of calculating the person’s extended leave entitlements as a government sector employee, taken to be a period of employment in the government sector agency from which the person was seconded. > > > (10) Despite any other provision of this clause, the secondment of a government sector employee to the staff of a political office holder may be terminated at any time by the political office holder. > > > (11) 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 clause. > > > (12) The chief executive of a local health district or specialty network governed health corporation (within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)) may not be seconded to the staff of a political office holder under this clause without the concurrence of the Health Secretary. > > > (13) The reference in subclause (2) to the head of the agency in which a person is employed is, in the case where the person is a Health Service senior executive, taken to be a reference to the employer of the executive. > > **cl 35:** Am 2016 (725), Sch 1 \[3\].