The Act creates a Commonwealth employment framework for parliamentary staff, distinguishing electorate and personal employees, setting workplace expectations and making parliamentarians and certain office‑holders the primary employers. It layers procedural oversight—mandatory PWSS consultation, IPSC recommendations, and limited CEO employer powers—and preserves external workplace laws.
Significant central powers let the Prime Minister define who may employ staff and vary employment terms, creating potential predictability and coordination risks for managers, employees and taxpayers.
The Members of Parliament (Staff) Act 1984 (the Act) establishes the legal architecture under which Commonwealth parliamentarians and certain office-holders may engage staff to support them in performing their parliamentary, ministerial and electorate duties. At its core, s 11(1)–(3) confers on parliamentarians the power to employ, on behalf of the Commonwealth, electorate employees and (where the parliamentarian also holds a relevant office) personal employees (Ministerial or non-Ministerial). The power is not unfettered: it must be exercised in accordance with arrangements and conditions approved or determined by the Prime Minister under s 12, and is subject to numerical and other limits that the Prime Minister may impose.
The Act simultaneously prescribes the normative environment in which that employment occurs. Section 6 articulates seven employment principles that parliamentarians, office-holders and employees are expected to uphold. These range from a workplace that “is safe and free from all forms of bullying and harassment” to one that “facilitates consultation with employees about matters that affect the workplace”. While most of the descriptions in Part II are expressed to be explanatory only (s 5), the obligation in s 8(3) is mandatory: 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”.
Termination and suspension regimes are detailed and multi-layered. Employment terminates automatically on the occurrence of any of the five events listed in the table in s 14(1). These include the death of the employing individual, the cessation of the individual’s status as a parliamentarian (subject to the grace period in s 14(2) linked to the Parliamentary Business Resources Act 2017), and changes in relevant office. The Prime Minister may, by legislative instrument, modify when these events are taken to occur (s 14(4)). In addition, the employing individual retains the power to terminate by notice under s 16 (subject to mandatory PWSS consultation) and employees may resign under s 17.
Current sections
Direct links to the current provisions in Members of Parliament (Staff) Act 1984.
34
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the Members of Parliament (Staff) Act 1984.
2
Commencement
2 Commencement
(1) Part I shall come into operation on the day on which this Act receives the Royal Assent.
(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.
2A
Objects
2A Objects
The objects of this Act are the following:
(a) to establish a framework for employing people to assist parliamentarians and office‑holders that supports a safe, respectful and accountable workplace;
(b) to set out certain rights and obligations of employees;
(c) to set out certain other powers, functions and responsibilities in relation to employment under this Act.
2B
Simplified outline of this Act
2B Simplified outline of this Act
This 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.
There are employment principles that set out expectations for the workplace provided to people employed under this Act.
3
Interpretation
3 Interpretation
In this Act, unless the contrary intention appears:
CEO means the Chief Executive Officer of the Parliamentary Workplace Support Service.
electorate employee means a person employed by a parliamentarian under subsection 11(1).
employing individual: see section 3AA.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
IPSC means the Independent Parliamentary Standards Commission.
office‑holder means:
(a) a person who holds a relevant office; or
(b) a person, not being a parliamentarian, who held the office of Prime Minister; or
(c) a parliamentarian in respect of whom a determination under section 4 is in force.
parliamentarian means a senator or a member of the House of Representatives.
personal employee means a personal employee (Ministerial) or a personal employee (non‑Ministerial).
personal employee (Ministerial) means a person employed by a Minister under subsection 11(2).
personal employee (non‑Ministerial) means a person employed by an office‑holder other than a Minister under subsection 11(3).
PWSS means the Parliamentary Workplace Support Service.
relevant office means:
(a) an office of Minister; or
(b) the office of Leader of the Opposition in the Senate; or
(c) the office of Leader of the Opposition in the House of Representatives; or
(d) the office of Deputy Leader of the Opposition in the Senate; or
(e) the office of Deputy Leader of the Opposition in the House of Representatives; or
(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).
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.
3AA
Definition of employing individual
3AA Definition of employing individual
(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.
(2) A parliamentarian ceases to be an employing individual if they cease to be a parliamentarian, unless they continue to be an office‑holder.
(3) An office‑holder ceases to be an employing individual if they cease to be an office‑holder and are not also a parliamentarian.
3A
Relationship with Fair Work Acts
3A Relationship with Fair Work Acts
(1) This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(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.
4
Determination that parliamentarian may employ personal staff
4 Determination that parliamentarian may employ personal staff
(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).
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).
(2) A determination made under subsection (1) is not a legislative instrument.
Part II
Principles, roles and responsibilities
Part II—Principles, roles and responsibilities
5
Simplified outline of this Part
5 Simplified outline of this Part
This Part sets out employment principles which establish expectations for the workplace in relation to employment under this Act.
This Part also describes roles and responsibilities in relation to employment under this Act.
With 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.
6
Employment principles
6 Employment principles
The workplace for people employed under this Act:
(a) is safe and free from all forms of bullying and harassment; and
(b) is free from discrimination and fosters diversity; and
(c) is one in which decisions relating to employment are based on capability; and
(d) is one in which parliamentarians, office‑holders and employees foster a culture of professionalism and integrity; and
(e) requires effective performance from each employee against expectations defined by the parliamentarian or office‑holder; and
(f) supports the training and professional development of all employees (including those with managerial responsibilities); and
(g) facilitates consultation with employees about matters that affect the workplace.
7
Roles of parliamentarians, office‑holders and Prime Minister under this Act
7 Roles of parliamentarians, office‑holders and Prime Minister under this Act
(1) This section describes the role of parliamentarians, office‑holders and the Prime Minister under this Act.
Parliamentarians and office‑holders
(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).
(3) Parliamentarians and office‑holders are responsible for the day‑to‑day management of their employees. Among other things they:
(a) make decisions about who to employ and enter into employment agreements (see section 11); and
(b) have powers to terminate or suspend employment or take other employment actions (see sections 16, 18 and 20).
The Prime Minister
(4) The Prime Minister can:
(a) make determinations that affect what kind of employees a parliamentarian may employ (see section 4); and
(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
(c) make determinations that vary some terms and conditions of employment (see section 13).
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.
Note: The PWSS:
(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
(b) can exercise the powers of an employer in relation to persons employed under this Act in certain circumstances; and
(c) has some powers to suspend employees.
Note: A Commissioner of the IPSC can, in certain circumstances, recommend that a parliamentarian or office‑holder:
(a) terminate or suspend employees; and
(b) take other employment actions in relation to employees.
8
Responsibilities of parliamentarians and office‑holders
8 Responsibilities of parliamentarians and office‑holders
(1) This section:
(a) describes certain responsibilities of parliamentarians and office‑holders under other laws (see subsection (2)); and
(b) creates a responsibility that parliamentarians and office‑holders are required to comply with (see subsection (3)).
Compliance with workplace laws
(2) Parliamentarians and office‑holders have obligations under other Australian laws. Some of the key laws that impose obligations are the following:
(a) the Age Discrimination Act 2004;
(b) the Disability Discrimination Act 1992;
(c) the Fair Work Act 2009;
(d) the Racial Discrimination Act 1975;
(e) the Sex Discrimination Act 1984;
(f) the Work Health and Safety Act 2011.
Recruitment to be based on capability
(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.
9
Responsibilities of employees
9 Responsibilities of employees
(1) This section describes certain responsibilities of persons employed under this Act.
Compliance with workplace laws
(2) Employees have obligations under other Australian laws. Some of the key laws that impose obligations are the following:
(a) the Age Discrimination Act 2004;
(b) the Disability Discrimination Act 1992;
(c) the Fair Work Act 2009;
(d) the Racial Discrimination Act 1975;
(e) the Sex Discrimination Act 1984;
(f) the Work Health and Safety Act 2011.
Authorisations
(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.
Note: See section 31 (powers may be exercised by authorised person).
Part III
Employment arrangements
Part III—Employment arrangements
10
Simplified outline of this Part
10 Simplified outline of this Part
Parliamentarians and office‑holders can employ people to assist them to carry out their duties.
Parliamentarians 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.
Parliamentarians 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.
In 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.
The 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.
11
Employment of electorate employees and personal employees
11 Employment of electorate employees and personal employees
Electorate employees
(1) A parliamentarian may, on behalf of the Commonwealth, employ a person, under a written agreement, as an electorate employee.
Note: The power to employ a person under this subsection is subject to section 12.
Personal employees (Ministerial)
(2) A Minister may, on behalf of the Commonwealth, employ a person, under a written agreement, as a personal employee (Ministerial).
Note 1: The power to employ a person under this subsection is subject to section 12.
Note 2: A person who is both a Minister and a parliamentarian may employ persons under both subsections (1) and (2).
Personal employees (non‑Ministerial)
(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).
Note 1: The power to employ a person under this subsection is subject to section 12.
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).
12
Arrangements and conditions affecting power to employ under section 11
12 Arrangements and conditions affecting power to employ under section 11
(1) A power to employ a person under section 11 must be exercised:
(a) in accordance with any arrangements approved under paragraph (2)(a) of this section; and
(b) subject to any conditions determined under paragraph (2)(b) of this section;
that apply to the parliamentarian or office‑holder, and to the power.
(2) The Prime Minister may, in writing, do either or both of the following:
(a) approve arrangements in accordance with which a parliamentarian or office‑holder is to exercise a power under section 11;
(b) determine conditions subject to which a parliamentarian or office‑holder is to exercise a power under section 11.
(3) An instrument made under subsection (2) is not a legislative instrument.
13
Terms and conditions of employment
13 Terms and conditions of employment
Terms and conditions
(1) The terms and conditions of employment for a person employed under this Act include the terms and conditions set out in:
(a) the agreement under which the person is employed; and
(b) any fair work instruments (within the meaning of the Fair Work Act 2009) that apply to the person; and
(c) any determination made under subsection (2) or (3) that applies to the person.
Note: This Act has effect subject to the Fair Work Act 2009: see section 3A of this Act.
Variation of terms and conditions for all or a class of employees
(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:
(a) all persons employed under this Act;
(b) all persons included in a specified class or classes of persons employed under this Act.
Variation of terms and conditions for individual employees
(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.
Other matters affecting determinations
(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).
(5) A determination may vary terms and conditions by varying specified terms and conditions or by including new terms and conditions.
(6) A determination that applies to a person prevails over the agreement under which the person is employed, to the extent of any inconsistency.
14
Automatic termination of employment
14 Automatic termination of employment
(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.
<table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:343.5pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Events that terminate employment</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:180.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Event</span></p></td><td style="width:116.25pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of employees whose employment terminates</span></p></td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:180.75pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The employing individual dies</span></p></td><td style="width:116.25pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Electorate employees and personal employees</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:180.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The employing individual ceases to be a parliamentarian</span></p></td><td style="width:116.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Electorate employees and personal employees</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:180.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The employing individual ceases to hold a relevant office and on the same day:</span></p><p class="Tablea"><span>(a) starts to hold another relevant office; or</span></p><p class="Tablea"><span>(b) starts to be covered by a determination made under section</span><span> </span><span>4</span></p></td><td style="width:116.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Personal employees</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:180.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The employing individual ceases to hold a relevant office and does not do one of the following on the same day:</span></p><p class="Tablea"><span>(a) start to hold another relevant office;</span></p><p class="Tablea"><span>(b) start to be covered by a determination made under section</span><span> </span><span>4</span></p></td><td style="width:116.25pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Electorate employees and personal employees</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:180.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The employing individual ceases to be covered by a determination made under section</span><span> </span><span>4 (whether or not the employing individual starts to be covered on the same day by another such determination)</span></p></td><td style="width:116.25pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Personal employees</span></p></td></tr></tbody></table>
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).
Note 2: The effect of this subsection may be altered by a direction under section 15.
(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.
(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).
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.
(4) For the purposes of the table in subsection (1), the Prime Minister may, by legislative instrument, determine any of the following:
(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;
(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.
Subsection (1) has effect in accordance with the determination.
(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.
15
Directions in relation to automatic termination
15 Directions in relation to automatic termination
Direction in relation to class of persons
(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:
(a) not to have been terminated; and
(b) to continue, or to have continued, until a specified date.
Direction in relation to specified person
(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:
(a) not to have been terminated; and
(b) to continue, or to have continued, until a specified date.
(3) A direction made under subsection (2) is not a legislative instrument.
Effect of direction
(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.
CEO to act as employer
(5) If:
(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
(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);
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.
(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.
16
Termination by notice
16 Termination by notice
(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.
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).
Note 2: The employing individual must first consult the PWSS (see subsection (3)).
(2) The notice must specify the ground or grounds that are relied on for the termination.
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.
Note 2: Additional rules or procedures to be followed in terminating the employment of a person may be set out in:
(a) the agreement for the employment of the person; or
(b) fair work instruments (within the meaning of the Fair Work Act 2009); or
(c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.
Note 3: Termination of employment may be unlawful under anti‑discrimination laws in certain circumstances.
(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.
Note: If an employing individual fails to consult with the PWSS, the CEO may include details about the failure in a public report.
(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.
17 Resignation
A person employed under this Act may terminate the person’s employment at any time by giving written notice to:
(a) if paragraph (b) does not apply—the employing individual; or
(b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO.
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).
17
Resignation
17 Resignation
18
Suspension from duties
18 Suspension from duties
Suspension
(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.
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).
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.
Note 3: Additional rules or procedures to be followed in suspending a person from duties may be set out in:
(a) the agreement for the employment of the person; or
(b) fair work instruments (within the meaning of the Fair Work Act 2009); or
(c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.
Note 4: Suspension of employment may be unlawful under anti‑discrimination laws in certain circumstances.
Period of suspension
(2) The suspension is for the period determined by the employing individual, which must not exceed 30 days.
(3) Subsection (2) does not prevent:
(a) the employing individual from suspending the person again under subsection (1); or
(b) the CEO from suspending the person under section 19.
With pay unless exceptional circumstances
(4) The suspension is with pay, unless the employing individual is satisfied that exceptional circumstances exist to justify suspension without pay.
(4A) Before deciding to suspend without pay, the employing individual must consult the PWSS about whether exceptional circumstances exist.
Obligation to inform PWSS of suspension
(4B) The employing individual must inform the PWSS before, or as soon as practicable after, suspending a person from duties.
End of suspension
(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.
19 Suspension from duties by CEO
Suspension
(1) The CEO may suspend a person employed under this Act from duties if:
(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:
(i) work health and safety; or
(ii) property; or
(iii) security; or
(iv) an investigation; and
(b) the CEO has sought the employing individual’s views about the CEO’s concern; and
(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
(d) the employing individual agrees to the CEO suspending the person from duties.
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).
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.
Note 3: Additional rules or procedures to be followed in suspending a person from duties may be set out in:
(a) the agreement for the employment of the person; or
(b) fair work instruments (within the meaning of the Fair Work Act 2009); or
(c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.
Note 4: Suspension of employment may be unlawful under anti‑discrimination laws in certain circumstances.
Period of suspension
(2) The suspension is for the period determined by the CEO, which must not exceed 30 days.
(3) Subsection (2) does not prevent:
(a) the CEO from suspending the person again under subsection (1); or
(b) the employing individual from suspending the person under section 18.
With pay unless exceptional circumstances
(4) The suspension is with pay, unless the CEO is satisfied that exceptional circumstances exist to justify suspension without pay.
End of suspension
(5) The CEO may end the suspension at any time before the end of the period determined under subsection (2).
19
Suspension from duties by CEO
19 Suspension from duties by CEO
20
Employment actions following IPSC recommendation
20 Employment actions following IPSC recommendation
(1) This section applies if, under the Parliamentary Workplace Support Service Act 2023:
(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:
(i) give the person a written reprimand;
(ii) require the person to undertake training or professional development;
(iii) require the person to enter into an agreement with the employing individual about the person’s future behaviour;
(iv) re‑assign the person’s duties;
(v) deduct from the person’s annual salary, by way of fine, an amount not exceeding 2% of that salary;
(vi) terminate the person’s employment; and
(b) the decision is in operation.
(2) The action must be taken by:
(a) if paragraph (b) does not apply—the employing individual; or
(b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO.
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).
Note 2: Additional rules or procedures to be followed in taking these actions may be set out in:
(a) the agreement for the employment of the person; or
(b) fair work instruments (within the meaning of the Fair Work Act 2009); or
(c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.
(3) Subsection 15(6) (CEO may not exercise power to terminate) does not apply if:
(a) the action is to terminate the person’s employment; and
(b) the action must be taken by the CEO because of paragraph (2)(b) of this section.
(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.
(5) The employing individual or the CEO must inform the IPSC as soon as practicable after taking an action under subsection (2).
(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.
Part VI
Miscellaneous
Part VI—Miscellaneous
28
Simplified outline of this Part
28 Simplified outline of this Part
This Part deals with miscellaneous matters, such as delegations, regulations, and review of the Act.
29 Delegation by CEO
(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:
(a) subsection 15(5) (CEO to act as employer);
(b) section 19 (suspension from duties by CEO).
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.
29
Delegation by CEO
29 Delegation by CEO
30
Delegation by Prime Minister
30 Delegation by Prime Minister
(1) The Prime Minister may, in writing, delegate all or any of the Prime Minister’s functions or powers under this Act to:
(a) any Minister; or
(b) an SES employee, or an acting SES employee, in either of the following:
(i) the Department administered by the Prime Minister;
(ii) the Department administered by the Minister; or
(c) a member of the staff of the PWSS who is an SES employee or an acting SES employee.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Prime Minister.
(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.
31
Powers may be exercised by authorised person
31 Powers may be exercised by authorised person
(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.
(2) In performing the function or exercising the power, the authorised person must comply with any directions of the authoriser.
32
Review of operation of this Act
32 Review of operation of this Act
(1) The Minister must cause a review of the operation of this Act to be conducted as soon as practicable after 22 March 2026.
(2) The persons undertaking the review must give the Minister a written report of the review.
(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.
33
Regulations
33 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part I Preliminary
Part I—Preliminary
1 Short title
1 Short title
This Act may be cited as the Members of Parliament (Staff) Act 1984.
2 Commencement
2 Commencement
(1) Part I shall come into operation on the day on which this Act receives the Royal Assent.
(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.
2A Objects
2A Objects
The objects of this Act are the following:
(a) to establish a framework for employing people to assist parliamentarians and office‑holders that supports a safe, respectful and accountable workplace;
(b) to set out certain rights and obligations of employees;
(c) to set out certain other powers, functions and responsibilities in relation to employment under this Act.
2B Simplified outline of this Act
2B Simplified outline of this Act
This 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.
There are employment principles that set out expectations for the workplace provided to people employed under this Act.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears:
CEO means the Chief Executive Officer of the Parliamentary Workplace Support Service.
electorate employee means a person employed by a parliamentarian under subsection 11(1).
employing individual: see section 3AA.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
IPSC means the Independent Parliamentary Standards Commission.
office‑holder means:
(a) a person who holds a relevant office; or
(b) a person, not being a parliamentarian, who held the office of Prime Minister; or
(c) a parliamentarian in respect of whom a determination under section 4 is in force.
Suspension powers exist in parallel. An employing individual may suspend for up to 30 days (s 18), with or without pay in “exceptional circumstances” after consulting the PWSS. Independently, the CEO of the Parliamentary Workplace Support Service (PWSS) may suspend where work health and safety, property, security or investigative risks are engaged, the employing individual has been consulted, and the employing individual agrees (s 19). The CEO may also step into the shoes of a deceased or former parliamentarian when the Prime Minister directs that employment continue for a transitional period (s 15(5)).
A further stream of control is provided through the Independent Parliamentary Standards Commission (IPSC). Where an IPSC Commissioner makes an operative recommendation under the Parliamentary Workplace Support Service Act 2023 for one of six listed employment actions (including termination, reprimand, training, salary deduction up to 2 %, or reassignment), the employing individual (or the CEO in transitional cases) is obliged to implement it (s 20). This obligation overrides the ordinary notice-of-termination procedure in s 16.
The Prime Minister retains overarching executive authority. Under s 13(2) and (3) the Prime Minister may vary terms and conditions for all employees, classes of employees or named individuals by notifiable instrument or written determination. Such determinations prevail over the employment agreement to the extent of any inconsistency (s 13(6)), but cannot vary matters expressly dealt with in the termination and suspension provisions (s 13(4)).
Finally, the Act contains machinery provisions dealing with authorisations (s 31), delegations by the Prime Minister and the CEO (ss 29–30), a statutory review obligation triggered after 22 March 2026 (s 32), and a regulation-making power (s 33). In short, the legislation both authorises employment and then surrounds that employment with a dense web of procedural safeguards, independent oversight, automatic triggers and executive override mechanisms.
Who it affects
The Act’s reach is deliberately confined yet politically significant. Its primary subjects fall into three overlapping categories.
First, parliamentarians — every senator and every member of the House of Representatives — are both employers and, in most cases, employing individuals (ss 3, 3AA). Every parliamentarian may employ electorate employees under s 11(1). Those who also hold a “relevant office” (Minister, Leader or Deputy Leader of the Opposition, or leader or deputy leader of a recognised party) may additionally employ personal employees.
Second, office-holders who are not parliamentarians are also captured. This includes former Prime Ministers (who may continue to employ personal staff) and any parliamentarian declared by Prime Ministerial determination under s 4 to be an office-holder for staffing purposes. The definition of “office-holder” in s 3 is therefore both status-based and determination-based.
Third, the employees themselves — electorate employees, personal employees (Ministerial) and personal employees (non-Ministerial) — are directly affected. Their rights and obligations are shaped by the employment principles in s 6, the capability-assessment obligation imposed on their employer (s 8(3)), the automatic termination rules (s 14), the suspension regimes (ss 18–19), and the IPSC recommendation mechanism (s 20). They are also subject to the general responsibilities set out in s 9, including compliance with the six named discrimination and workplace safety statutes.
A fourth group comprises the institutional actors created or referenced by the Act. The CEO of the PWSS exercises employer powers in transitional situations (s 15(5)), may suspend staff independently (s 19), must be consulted before most terminations and suspensions (ss 16(3), 18(4A), 18(4B)), and can receive delegations (s 29). The IPSC, through its Commissioners, triggers mandatory employment actions via recommendations. The Prime Minister exercises multiple layers of control through determinations, approvals, directions and instruments. The Finance Minister appears in the definitions but exercises no direct functions under the extracted text.
Finally, authorised persons (s 31) and delegates (ss 29–30) may step into the shoes of the above actors, provided the authorising or delegating party is satisfied the arrangement is appropriate and the delegate or authorised person complies with any directions given.
The Act therefore constructs a triangular relationship between the political employer, the employee, and two specialist integrity and support agencies (PWSS and IPSC), all operating under a shadow of Prime Ministerial oversight.
Key duties and rights
Duties of parliamentarians and office-holders are both positive and negative. The cardinal positive duty is the capability assessment required by s 8(3) before any engagement. They must also consult the PWSS before terminating (s 16(3)) or suspending without pay (s 18(4A)), and must inform the PWSS of any suspension “before, or as soon as practicable after” it occurs (s 18(4B)). Where an IPSC recommendation is in force, they (or the CEO) must implement it and notify the IPSC (s 20(5)). They are obliged to exercise their s 11 powers in accordance with any Prime Ministerial arrangements or conditions (s 12(1)).
Negative duties flow from the employment principles (s 6) and the listed discrimination and workplace safety statutes (s 8(2)). Although s 5 states that most descriptions in Part II do not themselves create enforceable responsibilities, the cross-referenced statutes do. A failure to consult the PWSS does not invalidate a termination (s 16(4)), but the CEO may report the failure publicly.
Employee duties mirror the statutory obligations imposed on all Australian workers under the Age Discrimination Act 2004, Disability Discrimination Act 1992, Fair Work Act 2009, Racial Discrimination Act 1975, Sex Discrimination Act 1984 and Work Health and Safety Act 2011 (s 9(2)). In addition, when exercising delegated or authorised functions they must comply with any directions given by the authorising person (s 9(3) and s 31(2)).
Rights are less explicitly enumerated but arise through the interplay with the Fair Work Act 2009. The Act is expressed to have effect subject to that statute (s 3A(1)). Employees therefore enjoy whatever unfair-dismissal, general-protections and minimum-terms rights the Fair Work Act confers, subject only to the specific modifications contained in this Act (for example, the automatic termination triggers in s 14 and the mandatory implementation of IPSC recommendations in s 20). Employees also have the right to be consulted about workplace matters (s 6(g)), to receive training and professional development (s 6(f)), and to be free from the prohibited forms of conduct listed in s 6(a)–(c).
The employing individual’s right to terminate by notice (s 16(1)) or suspend (s 18(1)) is expressly preserved, as is the CEO’s parallel suspension power. The Prime Minister’s rights to vary conditions (s 13), to issue continuation directions (s 15), and to determine when certain cessation events occur (s 14(4)) constitute significant executive prerogatives.
Penalties and enforcement
The extracted text contains no criminal offence provisions or civil penalty units. Enforcement is therefore primarily through the ordinary mechanisms of employment law, anti-discrimination legislation and work health and safety statutes cross-referenced in ss 8(2) and 9(2). A termination that contravenes the general protections in Part 3-1 of the Fair Work Act 2009 remains actionable in the Federal Court or the Fair Work Commission. Unlawful suspension or termination on discriminatory grounds can found proceedings under the named discrimination Acts.
The Act itself relies on institutional rather than punitive enforcement. The PWSS CEO’s ability to include details of a failure to consult in a public report (note to s 16(3)) supplies reputational pressure. IPSC recommendations are mandatory once in operation (s 20(1)–(2)), creating a form of compulsory administrative enforcement. The CEO’s power to suspend independently (s 19) and to exercise employer powers during transitional periods (s 15(5)) provides an external check on the employing individual’s discretion.
Breach of the capability-assessment obligation in s 8(3) is not expressly sanctioned, yet it would almost certainly be relevant to any subsequent unfair-dismissal or adverse-action claim. Likewise, a termination effected without the required PWSS consultation, while not invalid (s 16(4)), could be taken into account by a court assessing whether the employer has complied with its broader statutory and contractual obligations.
How it interacts with other laws
Section 3A(1) expressly subordinates the Act to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. This is not a mere tie-breaker; it imports the entire architecture of modern awards, enterprise agreements, unfair dismissal, general protections and minimum standards. The note to s 13(1) and the multiple notes to ss 16, 18 and 20 remind readers that fair work instruments continue to apply.
The Act also sits atop, and incorporates by reference, the six named discrimination and work health and safety statutes. The employment principles in s 6 are framed so as to echo the policy objectives of those statutes without creating duplicate causes of action.
A critical recent interaction is with the Parliamentary Workplace Support Service Act 2023, which establishes both the PWSS and the IPSC. Functions conferred on the CEO and on IPSC Commissioners by that statute are given operative force inside this Act through ss 7 (notes), 15, 16, 18, 19 and 20. The relationship is symbiotic: this Act supplies the employment powers; the 2023 Act supplies the independent oversight machinery.
The Parliamentary Business Resources Act 2017 is engaged indirectly through s 14(2), which preserves a parliamentarian’s status for remuneration purposes and thereby delays the automatic termination of staff.
Prime Ministerial instruments made under ss 4, 12, 13, 14(4) and 15 are variously declared not to be legislative instruments (ss 4(2), 12(3)) or are expressly made legislative instruments (s 14(4), s 15(1)). This differential treatment affects parliamentary scrutiny and disallowance.
Finally, the Acts Interpretation Act 1901 governs delegations (notes to ss 29 and 30) and the making of notifiable instruments (s 13(2)).
Recent changes and why
Although the Act retains its 1984 short title, the text reproduced is the product of substantial amendment, most notably by the Parliamentary Workplace Support Service (Consequential Amendments and Transitional Provisions) Act 2023. That suite of reforms inserted the objects clause (s 2A), the simplified outlines, the employment principles (s 6), the detailed PWSS and IPSC interaction provisions, the expanded definition of “workplace”, the capability-assessment obligation (s 8(3)), the CEO suspension power (s 19), the mandatory IPSC recommendation regime (s 20), and the revised automatic termination table.
These changes were a direct legislative response to the Jenkins Review (2022) and earlier inquiries that documented widespread bullying, sexual harassment and misuse of power within parliamentary offices. The introduction of an independent standards commission with recommendation powers, mandatory PWSS consultation before termination or suspension, and a statutory statement of employment principles reflect a deliberate policy shift from viewing staff as personal retainers of the member to viewing them as employees entitled to a safe, professional and accountable workplace. The 2026 statutory review (s 32) was inserted to ensure the new framework is evaluated after three years of operation.
Court challenges and controversies
The extracted text does not itself record decided cases; however, the architecture it creates has already generated, and will continue to generate, litigation in three foreseeable areas.
First, the interaction between automatic termination under s 14 and the unfair-dismissal provisions of the Fair Work Act 2009. A parliamentarian who loses their seat may argue that the statutory termination is not at the employer’s initiative, while an employee may contend that the Fair Work Act’s procedural fairness requirements still apply. The note to s 16(1) and the primacy clause in s 3A suggest courts will treat the automatic triggers as valid but will scrutinise any preceding or collateral adverse action.
Second, the lawfulness of suspension without pay. Both s 18(4) and s 19(4) permit suspension without pay only in “exceptional circumstances”. The statutory obligation to consult the PWSS before deciding to suspend without pay (s 18(4A)) is likely to be treated as a condition of validity, exposing any non-compliant decision to judicial review.
Third, the scope of the IPSC’s recommendation power and the mandatory language of s 20. An employee facing termination on an IPSC recommendation may seek to argue that the recommendation itself was tainted by jurisdictional error or procedural unfairness, thereby infecting the employing individual’s obligation to act. Because s 20(4) disapplies the ordinary termination-by-notice procedure, the employee’s only recourse may be judicial review or a general-protections claim.
Controversies have already arisen in parliamentary debate about the breadth of the Prime Minister’s power to vary conditions by non-legislative instrument (s 13(3)) and the potential for politicised use of the s 15 continuation directions. The public reporting power of the PWSS CEO in cases of non-consultation has also been criticised as lacking due-process safeguards for the employing individual.
Gotchas
Most practitioners assume that because a parliamentarian is the “employing individual”, ordinary employer discretions apply without external constraint. That assumption is dangerously outdated. The mandatory PWSS consultation before termination (s 16(3)), the obligation to “have regard to any advice provided”, and the CEO’s power to note non-compliance in a public report create a practical veto that many members still fail to appreciate.
The automatic termination table in s 14(1) contains subtle tripwires. Item 3 and item 4 distinguish between a Minister who merely changes portfolios and one who ceases to administer any Department. The deeming rules in s 14(3) and the Prime Minister’s modification power in s 14(4) mean that the exact moment of cessation can be manipulated by executive instrument, a fact rarely understood by staff or their advisers.
Section 20(6) states that the IPSC recommendation regime does not limit other actions the employing individual or CEO “may take”. This appears to preserve the s 16 termination power, yet s 20(4) expressly disapplies s 16 when termination follows an IPSC recommendation. The drafting tension has not yet been tested; it invites arguments that an employing individual cannot “double dip” by using both routes.
The capability-assessment duty in s 8(3) is framed as a precondition to employment, yet there is no express sanction for breach. In practice, however, a failure to conduct a proper assessment will almost certainly render any subsequent termination for “capability” or “performance” vulnerable to unfair-dismissal or general-protections claims.
Finally, the definition of “workplace” (s 3) is deliberately broad — “includes any place where an employee goes, or is likely to be, while at work”. This extends the safe-workplace obligations to campaign buses, overseas travel and late-night electorate functions, a fact that has significant work-health-and-safety ramifications that many offices have not yet fully absorbed.
How to comply
Compliance begins with process. Before any engagement, the parliamentarian or office-holder must complete and document a capability assessment against the actual requirements of the role (s 8(3)). The employment agreement must expressly incorporate the applicable fair work instrument and acknowledge that Prime Ministerial determinations under s 13 may vary its terms.
All decisions to terminate (other than automatic terminations or IPSC-triggered terminations) must be preceded by written notice to the PWSS, provision of relevant materials, genuine consideration of any advice given, and recording of that consideration. The same consultation obligation applies before suspension without pay.
Offices should maintain a standing arrangement with the PWSS for rapid advice on suspension and termination matters. Templates that pre-authorise the CEO to suspend in defined risk scenarios can satisfy the agreement requirement in s 19(1)(d) and reduce political friction.
IPSC recommendations must be actioned promptly; the statute imposes a positive obligation. The employing individual should request clarity from the IPSC on the precise form the action must take and should document the implementation steps.
Because automatic terminations under s 14 can occur without notice, succession planning is essential. Offices should maintain contingency rosters and ensure that the Prime Minister is asked to issue a s 15 continuation direction in advance where institutional memory must be preserved after an election or ministerial reshuffle.
Delegations and authorisations under ss 30 and 31 must be in writing, confined to appropriate persons, and accompanied by standing written directions. The delegate or authorised person must be trained on the limits of the power and the obligation to comply with directions.
Finally, regular training on the employment principles (s 6), the six named discrimination statutes and the Work Health and Safety Act 2011 is not merely good practice; it is the only realistic way to demonstrate the “culture of professionalism and integrity” demanded by s 6(d). The PWSS exists to assist with that training; ignoring its offerings is both a compliance risk and a missed opportunity to reduce future exposure.
parliamentarian means a senator or a member of the House of Representatives.
personal employee means a personal employee (Ministerial) or a personal employee (non‑Ministerial).
personal employee (Ministerial) means a person employed by a Minister under subsection 11(2).
personal employee (non‑Ministerial) means a person employed by an office‑holder other than a Minister under subsection 11(3).
PWSS means the Parliamentary Workplace Support Service.
relevant office means:
(a) an office of Minister; or
(b) the office of Leader of the Opposition in the Senate; or
(c) the office of Leader of the Opposition in the House of Representatives; or
(d) the office of Deputy Leader of the Opposition in the Senate; or
(e) the office of Deputy Leader of the Opposition in the House of Representatives; or
(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).
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.
3AA Definition of employing individual
3AA Definition of employing individual
(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.
(2) A parliamentarian ceases to be an employing individual if they cease to be a parliamentarian, unless they continue to be an office‑holder.
(3) An office‑holder ceases to be an employing individual if they cease to be an office‑holder and are not also a parliamentarian.
3A Relationship with Fair Work Acts
3A Relationship with Fair Work Acts
(1) This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(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.
4 Determination that parliamentarian may employ personal staff
4 Determination that parliamentarian may employ personal staff
(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).
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).
(2) A determination made under subsection (1) is not a legislative instrument.
Part II Principles, roles and responsibilities
Part II—Principles, roles and responsibilities
5 Simplified outline of this Part
5 Simplified outline of this Part
This Part sets out employment principles which establish expectations for the workplace in relation to employment under this Act.
This Part also describes roles and responsibilities in relation to employment under this Act.
With 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.
6 Employment principles
6 Employment principles
The workplace for people employed under this Act:
(a) is safe and free from all forms of bullying and harassment; and
(b) is free from discrimination and fosters diversity; and
(c) is one in which decisions relating to employment are based on capability; and
(d) is one in which parliamentarians, office‑holders and employees foster a culture of professionalism and integrity; and
(e) requires effective performance from each employee against expectations defined by the parliamentarian or office‑holder; and
(f) supports the training and professional development of all employees (including those with managerial responsibilities); and
(g) facilitates consultation with employees about matters that affect the workplace.
7 Roles of parliamentarians, office‑holders and Prime Minister under this Act
7 Roles of parliamentarians, office‑holders and Prime Minister under this Act
(1) This section describes the role of parliamentarians, office‑holders and the Prime Minister under this Act.
Parliamentarians and office‑holders
(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).
(3) Parliamentarians and office‑holders are responsible for the day‑to‑day management of their employees. Among other things they:
(a) make decisions about who to employ and enter into employment agreements (see section 11); and
(b) have powers to terminate or suspend employment or take other employment actions (see sections 16, 18 and 20).
The Prime Minister
(4) The Prime Minister can:
(a) make determinations that affect what kind of employees a parliamentarian may employ (see section 4); and
(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
(c) make determinations that vary some terms and conditions of employment (see section 13).
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.
Note: The PWSS:
(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
(b) can exercise the powers of an employer in relation to persons employed under this Act in certain circumstances; and
(c) has some powers to suspend employees.
Note: A Commissioner of the IPSC can, in certain circumstances, recommend that a parliamentarian or office‑holder:
(a) terminate or suspend employees; and
(b) take other employment actions in relation to employees.
8 Responsibilities of parliamentarians and office‑holders
8 Responsibilities of parliamentarians and office‑holders
(1) This section:
(a) describes certain responsibilities of parliamentarians and office‑holders under other laws (see subsection (2)); and
(b) creates a responsibility that parliamentarians and office‑holders are required to comply with (see subsection (3)).
Compliance with workplace laws
(2) Parliamentarians and office‑holders have obligations under other Australian laws. Some of the key laws that impose obligations are the following:
(a) the Age Discrimination Act 2004;
(b) the Disability Discrimination Act 1992;
(c) the Fair Work Act 2009;
(d) the Racial Discrimination Act 1975;
(e) the Sex Discrimination Act 1984;
(f) the Work Health and Safety Act 2011.
Recruitment to be based on capability
(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.
9 Responsibilities of employees
9 Responsibilities of employees
(1) This section describes certain responsibilities of persons employed under this Act.
Compliance with workplace laws
(2) Employees have obligations under other Australian laws. Some of the key laws that impose obligations are the following:
(a) the Age Discrimination Act 2004;
(b) the Disability Discrimination Act 1992;
(c) the Fair Work Act 2009;
(d) the Racial Discrimination Act 1975;
(e) the Sex Discrimination Act 1984;
(f) the Work Health and Safety Act 2011.
Authorisations
(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.
Note: See section 31 (powers may be exercised by authorised person).
Part III Employment arrangements
Part III—Employment arrangements
10 Simplified outline of this Part
10 Simplified outline of this Part
Parliamentarians and office‑holders can employ people to assist them to carry out their duties.
Parliamentarians 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.
Parliamentarians 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.
In 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.
The 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.
11 Employment of electorate employees and personal employees
11 Employment of electorate employees and personal employees
Electorate employees
(1) A parliamentarian may, on behalf of the Commonwealth, employ a person, under a written agreement, as an electorate employee.
Note: The power to employ a person under this subsection is subject to section 12.
Personal employees (Ministerial)
(2) A Minister may, on behalf of the Commonwealth, employ a person, under a written agreement, as a personal employee (Ministerial).
Note 1: The power to employ a person under this subsection is subject to section 12.
Note 2: A person who is both a Minister and a parliamentarian may employ persons under both subsections (1) and (2).
Personal employees (non‑Ministerial)
(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).
Note 1: The power to employ a person under this subsection is subject to section 12.
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).
12 Arrangements and conditions affecting power to employ under section 11
12 Arrangements and conditions affecting power to employ under section 11
(1) A power to employ a person under section 11 must be exercised:
(a) in accordance with any arrangements approved under paragraph (2)(a) of this section; and
(b) subject to any conditions determined under paragraph (2)(b) of this section;
that apply to the parliamentarian or office‑holder, and to the power.
(2) The Prime Minister may, in writing, do either or both of the following:
(a) approve arrangements in accordance with which a parliamentarian or office‑holder is to exercise a power under section 11;
(b) determine conditions subject to which a parliamentarian or office‑holder is to exercise a power under section 11.
(3) An instrument made under subsection (2) is not a legislative instrument.
13 Terms and conditions of employment
13 Terms and conditions of employment
Terms and conditions
(1) The terms and conditions of employment for a person employed under this Act include the terms and conditions set out in:
(a) the agreement under which the person is employed; and
(b) any fair work instruments (within the meaning of the Fair Work Act 2009) that apply to the person; and
(c) any determination made under subsection (2) or (3) that applies to the person.
Note: This Act has effect subject to the Fair Work Act 2009: see section 3A of this Act.
Variation of terms and conditions for all or a class of employees
(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:
(a) all persons employed under this Act;
(b) all persons included in a specified class or classes of persons employed under this Act.
Variation of terms and conditions for individual employees
(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.
Other matters affecting determinations
(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).
(5) A determination may vary terms and conditions by varying specified terms and conditions or by including new terms and conditions.
(6) A determination that applies to a person prevails over the agreement under which the person is employed, to the extent of any inconsistency.
14 Automatic termination of employment
14 Automatic termination of employment
(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.
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This is an opening excerpt, not the complete document.