Members of Parliament Staff Act 2013

Definitions and scope

• The Act defines “political office holder” as a Minister, the Leader of the Opposition in the Legislative Assembly, or the holder of a Parliamentary office for which the Premier has made a determination (s 3). “Member of Parliament” covers members of both Houses (s 3). “Special office holder” is a member who holds an office specified in Schedule 1 (s 3).
• “Conditions of employment” is given the meaning used in the Industrial Relations Act 1996 (s 3(1)), linking terminology to that statute while the substance of regulation is set by this Act’s mechanisms (see s 7 and s 19).

Employment model and control

• Employment is explicitly “on behalf of the State” (s 5(1); s 14(1)). The Premier controls employment arrangements, model agreements and conditions for Part 2 staff (political office holder staff) (ss 5(3), 6, 7). For Part 3 staff (members’ staff), the relevant Presiding Officer controls the model agreement, the conditions and the arrangements (ss 16-17, 19).
• The model agreement must be used for written employment agreements, except where the approving authority (Premier or relevant Presiding Officer) approves different terms (s 6(2)-(3); s 17(2)-(3)). This centralises standardisation and leaves limited scope for bilateral variation with approval.

Delegation and administrative apparatus

• The Premier may delegate most functions under Part 2 to “authorised persons”, a defined list that includes holders of statutory office, political office holders and staff, Crown employees and those authorised by regulation, but not the power of delegation itself (s 11). The Premier may also delegate expenditure powers related to this Part to staff of political office holders via the Government Sector Finance Act mechanisms (s 13).
• Presiding Officers may delegate their functions under Part 3 (other than the power of delegation) to specific parliamentary officers: the Clerk of the Parliaments, the Clerk of the Legislative Assembly, or the Executive Manager, Parliamentary Services (s 22).
• Administrative support responsibilities are allocated: the Secretary of the Premier’s Department for political office holders (s 10) and parliamentary clerks and the Executive Manager for members’ staff (s 21).

Numbers and remuneration

• The Parliamentary Remuneration Tribunal determines the number of staff a member is entitled to employ under s 14 and certain special office holders under s 15 (s 18).
• The Premier and Presiding Officers may determine conditions of employment, with written agreements taking precedence where they specify otherwise (ss 7(1)-(2), 19(1)-(2)).

Termination and misconduct handling

• Employment terminates automatically in specified circumstances (ceasing to hold office, poll day, resignation, dismissal), but the Premier or relevant Presiding Officer may direct continuance in particular cases (s 8; s 20). Termination provisions have effect despite any contrary term in the written agreement (s 8(4); s 20(4)).
• A distinct disciplinary and misconduct procedure is provided for members’ staff: the relevant Presiding Officer may terminate for misconduct after consultation and must provide notice and an opportunity to make submissions; the Presiding Officer may suspend pending resolution, with power to withhold and, in some cases, forfeit remuneration (s 20A). Misconduct is defined to include conduct constituting a “detrimental action offence” under the Public Interest Disclosures Act 2022 and convictions for “serious offences” (s 20A(10) and definitions within s 20A).

Industrial exclusion and remedies limitation

• Employment and related disputes under this Act are excluded from the Industrial Relations Act 1996 and from State industrial instruments; certain judicial reliefs are precluded in respect of matters that are declared not to be industrial matters (s 26(2)-(5)). The Act therefore replaces industrial mechanisms with the internal administrative regime set out in its provisions.

Records and transition

• Records created or received by political office holders but stored by Premier’s Department staff are treated as in the possession or under the control of the political office holder while the person holds office, and requests for those records are to be made to the political office holder or their staff (Schedule 2, cl 7).
• On the political office holder ceasing to hold office, the Secretary may transfer stored records to an appropriate public office or dispose of them after seven years, subject to consultation rules and exceptions where legal requirements exist (Schedule 2, cl 8(2)-(6)).

Interplay with other statutes

• The Act explicitly links to and modifies the application or operation of other statutes: it refers to the Industrial Relations Act 1996 for definitions, modifies who is the employer for vicarious liability despite the Law Reform (Vicarious Liability) Act 1983 (s 24), uses definitions from the Public Interest Disclosures Act 2022 in s 20A, and references the Government Sector Finance Act 2018 for appropriation-related delegation (s 13). The schedule of transitional provisions also operates across the repeal of earlier public sector employment provisions.

These are the main structural concepts. The Act centralises approval rights, standardises employment through model agreements, sets out specific termination and misconduct procedures, carves these employments out of standard industrial law, assigns administrative support and record custody rules, and allocates employer liabilities to Presiding Officers’ offices in particular circumstances.

Directly affected persons and offices

• Political office holders: Ministers, the Leader of the Opposition in the Legislative Assembly, and holders of Parliamentary offices determinable by the Premier are central actors; the Premier may add additional Parliamentary office holders to this definition for Part 2 purposes (s 3; s 4). Political office holders may employ staff on behalf of the State under Part 2, subject to Premier-approved arrangements (s 5).
• Members of Parliament: every member of either House who engages staff to assist them in exercising parliamentary functions is covered by Part 3 and the associated decision-making by the relevant Presiding Officer (s 14).
• Special office holders listed in Schedule 1 (Government Whip; Opposition Whip; Whip of recognised party with 10+ members in Legislative Assembly; Speaker; Deputy Speaker; President; Deputy President; Leaders/Deputy Leaders of the Opposition in Legislative Council and Assembly) have entitlement to additional staff in their capacity as special office holders (s 15; Sch 1).

Staff and applicants

• Persons employed under Part 2 or Part 3 are “staff members” for the purposes of the Act. Their written agreements must generally follow model agreements, and their conditions of employment are set by Premier or the relevant Presiding Officer (s 6; s 17; s 7; s 19). Existing employees transferred in by the transitional provisions retain certain accrued entitlements (Schedule 2, cl 2-4).

Administrative and support agencies

• The Premier and the Secretary of the Premier’s Department are affected in administrative and financial ways: the Secretary must provide administrative and IT services for political office holders and their staff (s 10). The Department holds stored records but those records are treated as in the possession of the political office holder while he or she holds office (Schedule 2, cl 7).
• The Clerks of the Parliaments and of the Legislative Assembly, and the Executive Manager, Parliamentary Services, are assigned responsibility for administrative support to members’ staff and are recipients of delegated functions from Presiding Officers (s 21; s 22).

Bodies with oversight or determinations

• The Parliamentary Remuneration Tribunal determines the number of staff members a member may employ (s 18). The Premier and the relevant Presiding Officer have statutory powers to approve model agreements, set conditions, determine arrangements and approve variations (ss 6, 7, 16, 17, 19).

Financial actors

• The State pays for the employment “on behalf of the State” (ss 5(1); 14(1)). Schedule 2 cl 5 treats an appropriation to the Premier for recurrent Departmental services as including the appropriation for purposes of Part 2 staff; s 13 addresses delegation of expenditure of money appropriated to the Premier under the Government Sector Finance Act 2018.

Third parties and legal actors

• Public offices that receive transferred records under Schedule 2 cl 8 are affected by consultation duties before disposing those records and by obligations to consult heads of relevant public service agencies (Schedule 2, cl 8(3), (6)). The Law Reform (Vicarious Liability) Act 1983 is specifically referenced: vicarious liability that otherwise would be Crown liability is made the liability of the office of the relevant Presiding Officer in respect of certain torts (s 24(2)). The Industrial Relations Act 1996 is affected because the Act excludes these employments and related matters from being industrial matters under that Act (s 26).

Labour relations actors

• Trade unions and other industrial actors are affected indirectly because the Act declares that the employment of staff under this Act is not an industrial matter for the purposes of the Industrial Relations Act 1996 (s 26(2)). Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act are excluded from application in respect of these employments, and State industrial instruments do not have effect for these staff (s 26(3)-(4)).

Persons subject to disciplinary action or criminal charge

• Staff who are investigated for misconduct or charged with serious offences interact with the disciplinary regime under s 20A, which authorises suspension, withholding of remuneration and, if termination follows or conviction occurs, forfeiture of remuneration withheld to the State unless otherwise directed (s 20A(3)-(5)).

Who decides and who pays

• Decision-makers: the Premier, the relevant Presiding Officer (President or Speaker), the Parliamentary Remuneration Tribunal, and delegated authorised persons or parliamentary officers (Premier’s authorised persons per s 11(2); Presiding Officers’ delegates per s 22).
• Payer: the State funds staff employed under this Act; appropriation mechanics are referenced in Schedule 2 cl 5 and the Government Sector Finance Act provisions at s 13.

Who is excluded or limited

• Staff covered by other public sector employment frameworks (e.g. prior Part 2.5 of the Public Sector Employment and Management Act 2002) are transitioned but re-categorised under this Act with protection for certain accrued entitlements (Schedule 2 cl 2-4). Industrial relations pathways are excluded (s 26), and certain judicial remedies in relation to matters declared non-industrial are precluded (s 26(5)).

In short, the Act affects political office holders and members who employ staff, the employees themselves, the Premier and Presiding Officers who set and enforce employment arrangements, the public service officers who provide administrative services and hold records, the Parliamentary Remuneration Tribunal, and financial officers administering appropriations. It also removes these employments from ordinary industrial relations processes and relocates certain employer liabilities to the offices of Presiding Officers.

Duties and powers of decision-makers

• Premier: must approve arrangements under which political office holders may exercise their power to employ staff, may determine conditions of employment for Part 2 staff and approve model agreements (s 5(3); s 6(1); s 7(1)). The Premier may determine the number of staff a political office holder may employ (s 5(4)). The Premier may delegate functions under Part 2 to authorised persons (s 11(1)), and may delegate expenditure functions under the Government Sector Finance Act to members of staff of political office holders (s 13).
• Relevant Presiding Officer (Speaker or President): must approve the arrangements under which members may employ staff under Part 3 and may determine conditions of employment, approve model agreements, and determine arrangements and conditions subject to section 18 (ss 16(1); 17; 19(1)). Presiding Officers may delegate functions (s 22).

Duties of employing officers and members

• Political office holders: may employ staff only in accordance with arrangements approved by the Premier and subject to conditions determined by the Premier (s 5(3)). They must use written agreements to employ staff on behalf of the State (s 5(1)-(2)).
• Members of Parliament: may employ persons under a written agreement to assist them as members; a member who is a special office holder may employ additional staff in that capacity (ss 14-15). Members may dispense with the services of staff at any time (s 20(3)).

Duties regarding agreements and conditions

• Model agreement requirement: employment agreements must be in the terms of the model agreement approved by the Premier (Part 2) or by the relevant Presiding Officer (Part 3), unless different or additional terms are approved by the same approving authority (ss 6(1)-(3); 17(1)-(3)).
• Conditions of employment: the Premier (for Part 2) and Presiding Officers (for Part 3) may from time to time determine conditions; the written agreement prevails over determinations where it otherwise provides (ss 7(1)-(2); 19(1)-(2)).

Rights and protections of staff

• Procedural rights on misconduct termination: under s 20A a staff member employed under Part 3 can only be terminated by the relevant Presiding Officer for misconduct after being notified in writing of the proposed termination and reasons, being given a reasonable opportunity to make submissions, and having those submissions considered (s 20A(1)-(2)). Suspension for investigation or pending criminal charge is possible, following consultation with the employing member (s 20A(3)), and remuneration may be withheld during suspension and forfeited to the State in certain circumstances (s 20A(4)-(5)).
• Transitional entitlements: staff taken to be employed under the Act from prior arrangements retain accrued leave, rights to long service or sick leave, existing rights to cash-out accrued annual leave, continued superannuation contributions, and are protected from reduction of certain entitlements in Schedule 2 cl 3-4.

Employer liability and allocation of risk

• Vicarious liability: where a tort is committed by a member of Parliament in relation to a person employed under Part 3 and in the course of exercising the member’s functions, liability that would otherwise be the vicarious liability of the Crown is instead the vicarious liability of the office of the relevant Presiding Officer (s 24(1)-(2)). This operates notwithstanding the Law Reform (Vicarious Liability) Act 1983 (s 24(2)).
• Other employer liabilities: any liability incurred under any Act or law by a member as employer of persons under Part 3 is taken to be the liability of the office of the relevant Presiding Officer, while preserving any personal liability that the member would have had otherwise (s 25(1)-(2)).

Administrative rights and duties in relation to records

• Records stored by Premier’s Department personnel are treated as in the possession or control of the political office holder while they hold office, and production requests should be directed to the political office holder (Schedule 2 cl 7). On leaving office the Secretary may transfer or dispose of stored records after seven years, with consultation duties and exceptions for legal requirements and ongoing proceedings (Schedule 2 cl 8).

Employment termination mechanics

• Termination events are listed and take effect despite contrary agreement terms: ceasing to hold office, the day appointed for the taking of the poll for the next general election, resignation by letter, or being dispensed with by the office holder (s 8(1); s 20(1)). The Premier or relevant Presiding Officer may direct continuance in particular cases (s 8(2); s 20(2)) and a political office holder or member may dispense with services at any time (s 8(3); s 20(3)). These provisions operate despite written employment agreement terms (s 8(4); s 20(4)).

Exclusion from industrial law and remedies

• The Act declares that the employment of staff under it is not an “industrial matter” for the purposes of the Industrial Relations Act 1996, excludes specified parts of that Act, and dethreads State industrial instruments from these employments. It also precludes proceedings for certain prerogative and equitable remedies in relation to matters declared non-industrial (s 26(2)-(5)).

Regulatory duties

• Regulations may be made by the Governor; for regulations relating to Part 3 the Minister must certify that the relevant Presiding Officer was consulted (s 27(1)-(3)). Regulations can also make savings and transitional provisions consequent on this Act (Schedule 2 cl 1).

Delegation constraints

• Delegation is permitted but limited: the Premier cannot delegate the power of delegation (s 11(1)), and Presiding Officers cannot delegate the power of delegation (s 22 states delegations are available but excludes the power of delegation itself).

In sum, the Act confers wide administrative and regulatory duties on the Premier and Presiding Officers to set model agreements, conditions and numbers, provides staff with certain procedural protections under misconduct processes (notably s 20A), centralises employer liability in specific respects to Presiding Officers’ offices, and displaces industrial law pathways in favour of an internal statutory regime.

Statutory enforcement mechanisms in the Act are primarily administrative rather than criminal or pecuniary. The Act contains several mechanisms that have enforcement effect or that change potential legal accountability; the text does not create standalone criminal offences or express monetary penalties within these provisions. The principal enforcement and sanctioning provisions are:

Termination, suspension and withholding of remuneration

• The relevant Presiding Officer may terminate employment for misconduct following the procedural steps in s 20A(1)-(2). This is an administrative sanction with statutory process requirements.
• The relevant Presiding Officer may suspend a staff member from duty while misconduct is being dealt with or while a staff member is charged with a serious offence, after consulting the employing member (s 20A(3)). The Presiding Officer can direct that remuneration payable while a staff member is suspended be withheld (s 20A(4)). If termination for misconduct follows or if the staff member is convicted of the offence, remuneration so withheld is forfeited to the State unless the Presiding Officer otherwise directs or the remuneration related to a period before suspension (s 20A(5)).
• These provisions therefore create a statutory path for suspension, withholding and forfeiture of pay tied to the misconduct process and to criminal conviction outcomes.

Deeming of employer and allocation of liability

• The Act shifts certain employer liabilities to the office of the relevant Presiding Officer. Vicarious liability for specified torts committed by a member in relation to that member’s staff in the course of parliamentary functions that would otherwise be the Crown’s vicarious liability is imposed on the office of the relevant Presiding Officer (s 24(1)-(2)). Similarly, other statutory or legal liabilities of a member as employer are taken to be liabilities of the office of the relevant Presiding Officer (s 25(1)). These provisions change who bears financial or compensatory obligations arising from employment, and thus affect enforcement of civil liability claims by third parties.
• Subsection 25(2) preserves the member’s personal liability for acts or omissions they would otherwise be personally liable for; the Act is explicit that it does not extinguish non-employer personal liability.

Exclusion from industrial enforcement routes and certain judicial remedies

• Section 26 excludes the employment of staff under the Act and any matter relating to that employment from being an “industrial matter” under the Industrial Relations Act 1996 (s 26(2)). It also excludes Parts 6, 7 and 9 of Chapter 2 of that Act from applying to or in respect of such employment (s 26(3)).
• State industrial instruments (agreements, awards, determinations) do not have effect in so far as they relate to these employments (s 26(4)).
• The Act expressly bars proceedings for certain remedies , an order in the nature of prohibition, certiorari or mandamus, or for declaration, injunction or any other relief , in respect of a matter declared not to be an industrial matter (s 26(5)). This limits access to specific judicial or prerogative remedies in relation to industrial-type disputes covered by the Act.

Administrative direction and delegation compliance

• The Premier and Presiding Officers are given powers to direct continuance of employment beyond automatic termination events (ss 8(2), 20(2)). Failure to comply with directions or with arrangements approved by those offices would be an internal administrative matter, and enforcement would follow the chains of delegation and control set out in the Act (ss 11, 12, 22).

Regulatory implementation and consultation

• Regulations made under s 27 implement the Act; the Minister must certify consultation with the relevant Presiding Officer before recommending regulations affecting Part 3 employment (s 27(2)). Non-compliance with regulation-making requirements would be a procedural and legal matter in the statutory regulatory process.

Limits on remedies and civil claims

• Because the Act reallocates liabilities and limits certain remedy routes (s 26(5)), claimants must pursue their remedies against the office of the relevant Presiding Officer in the circumstances identified (s 24; s 25), and cannot rely on industrial tribunals or on certain prerogative orders for disputes characterised as non-industrial under the Act.

No express criminal sanctions in the text

• The Act does not create express criminal sanctions or fines for non-compliance with employment arrangements. Misconduct is defined in s 20A to include conduct which constitutes a “detrimental action offence” under the Public Interest Disclosures Act 2022 and convictions for serious offences, but the Act’s disciplinary mechanisms are administrative (s 20A(10) and related subclauses).

Practical enforcement pathway

• Practical enforcement therefore flows via administrative decision-makers: Premier, relevant Presiding Officer and their delegates; financial enforcement via withholding and forfeiture of remuneration under s 20A; civil liability enforcement via actions against the office of the relevant Presiding Officer pursuant to ss 24-25; and regulatory enforcement through regulations made under s 27. Industrial or tribunal routes and certain judicial remedies are restricted by s 26.

In short, enforcement is exercised largely through statutory administrative powers (suspension, termination, directions, withholding/forfeiture of remuneration), reallocation of civil liability to Presiding Officers’ offices, and regulatory instruments. The Act removes industrial dispute mechanisms from play for these employments and curtails access to certain judicial remedies for matters declared not to be industrial matters.

The Act references and alters the application of multiple other statutes and statutory mechanisms. The text both borrows terminology from existing Acts and reallocates liabilities or excludes other statutory processes. The principal interactions are:

Industrial Relations Act 1996

• The Act uses the phrase “conditions of employment” with the meaning given in the Industrial Relations Act 1996 (s 3(1)). Despite that definitional tie, the Act expressly removes these employments and any related matters from being “industrial matters” for the purposes of the Industrial Relations Act 1996 (s 26(2)). It also excludes Parts 6, 7 and 9 of Chapter 2 of that Act from applying to or in respect of such employment (s 26(3)). State industrial instruments are declared not to have effect in so far as they relate to these employments (s 26(4)).
• Practical implication: terminology aligns to the Industrial Relations Act for definitional clarity, but the enforcement and dispute resolution channels and instruments within the Industrial Relations Act are displaced by this Act’s own administrative regime.

Law Reform (Vicarious Liability) Act 1983

• Section 24(2) states that any vicarious liability in respect of a tort to which s 24 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, the vicarious liability of the office of the relevant Presiding Officer. That is an explicit statutory reallocation of employer liability in specified tort situations away from the Crown and onto the office of the Presiding Officer.

Public Interest Disclosures Act 2022

• Section 20A adopts the terms “detrimental action” and “detrimental action offence” with the same meaning as in the Public Interest Disclosures Act 2022. The misconduct definition in s 20A includes taking action that constitutes a detrimental action offence and taking detrimental action against another person where the action was related to a person making or proposing to make a disclosure (s 20A(10)). This aligns the disciplinary scope with the whistleblower/detrimental action regime in that Act.

Government Sector Finance Act 2018

• Section 13 deals with delegation of expenditure of money appropriated to the Premier for staff of political office holders. It applies in relation to any function of the Premier of the kind referred to in section 9.7(1)(b) of the Government Sector Finance Act 2018 involving expenditure for purposes of this Part and takes the Premier’s delegation power under that Act to include delegating to a member of staff of a political office holder (s 13). That integration provides a path for delegation of financial management consistent with broader government finance law.

State Records Act 1998

• Schedule 2 cl 8(10) defines “public office” for record transfer and disposal purposes as having the same meaning as in the State Records Act 1998. The transfer, disposal and consultation mechanisms for records relate to public office responsibilities under that Act by cross-reference to its definitions.

Constitution Act 1902

• Schedule 2 cl 6 states the Order made under section 47 of the Constitution Act 1902 and published in the Gazette on 2 May 1952 does not apply in relation to the employment of persons under Part 3 of this Act. This is an explicit statement about the inapplicability of that Order to the new employment arrangements.

Public Sector Employment and Management Act 2002 (repealed provisions)

• Schedule 2 contains transitional provisions reclassifying persons who were previously employed under Part 2.5 of the Public Sector Employment and Management Act 2002 as staff under Part 2 of this Act on commencement (cl 2), and existing employees of members of Parliament as staff under Part 3 (cl 3). These transitional clauses protect certain accrued entitlements and set rules for treatment on transfer.

Interface and practical consequences

• The Act intentionally redefines the regulatory landscape for parliamentary and ministerial staff by displacing industrial law channels and embedding a system of internal statutory controls administered by the Premier and Presiding Officers, while preserving some definitional and substantive linkages (e.g. “conditions of employment” meaning in s 3) for consistency.
• Civil liability and employer liability are reallocated in certain respects; third parties must pursue civil remedies against the office of the relevant Presiding Officer in circumstances described by ss 24-25 rather than against the Crown as employer in those circumstances.
• The Act’s disciplinary definitions and thresholds link to the Public Interest Disclosures Act 2022, so the whistleblower/detrimental action framework may trigger misconduct processes here.
• Financial delegations involving expenditure to support political office holders link to the Government Sector Finance Act 2018, enabling practical financial delegation to staff of political office holders subject to that Act’s structure.

Regulatory process intersections

• Regulations implementing this Act must not be inconsistent with it (s 27(1)), and the Minister must certify that the relevant Presiding Officer was consulted on regulations relating to Part 3 (s 27(2)). Section 15(3) provides an exception: a regulation under s 15(3) (to amend Schedule 1) does not require the Minister’s certification under s 27(2).

Overall, the Act appropriates selected concepts and definitions from other statutes, overrides or disapplies certain provisions (notably industrial relations provisions), reassigns employer liabilities in certain contexts, and integrates with government finance and records law for operational implementation. These interactions determine practical routes for dispute resolution, liability claims and administrative implementation.

The text supplied includes amendment annotations embedded in the statutory text. The Act as presented has been subject to amendments and insertions at various times; the source notes these changes in the provisions themselves. The amendments recorded in the text are set out below, with the provision affected and the annotation as given in the source.

• Section 10 (Administrative support services): annotated “s 10: Am 2023 No 35, Sch 4.27.” This records an amendment in 2023 (No 35), Schedule 4.27 affecting s 10, which assigns responsibility to the Secretary of the Premier’s Department to provide administrative and other support services, including information technology services, for political office holders and their staff.

• Section 13 (Delegation of expenditure of money appropriated to Premier for staff of political office holders): annotated “s 13: Subst 2018 No 70, Sch 4.66.” The text shows s 13 as substituted in 2018 (No 70), Schedule 4.66, and sets out the application relating to functions under s 9.7(1)(b) of the Government Sector Finance Act 2018 and the ability to delegate to a member of staff of a political office holder.

• Section 20 (Termination of employment): annotated “s 20: Am 2017 No 44, Sch 1.18 [1].” The text includes changes made in 2017 (No 44), affecting s 20, including insertion of s 20(1A) referring to termination by the relevant Presiding Officer under s 20A.

• Section 20A (Termination by relevant Presiding Officer of employment for misconduct): annotated “s 20A: Ins 2017 No 44, Sch 1.18 [2]. Am 2022 No 14, Sch 8.17[1] [2].” This shows s 20A was inserted in 2017 and subsequently amended in 2022, with amendments recorded in Schedule 8.17 of 2022 No 14.

• Schedule 1 (Special office holders): annotated “sch 1: Am 2020 (742), cl 3.” Schedule 1 was amended in 2020 to include or alter the list of special office holders.

• Schedule 2 (Savings, transitional and other provisions): annotated “sch 2: Am 2023 No 35, Sch 4.27.” This records that Schedule 2 was amended in 2023 in the same amending instrument that affected s 10.

• Additional annotations: At the end, Schedule 3 is marked as repealed, “sch 3: Rep 1987 No 15, sec 30C,” indicating a prior repeal of Schedule 3.

Transitional clauses and provenances

• Schedule 2 contains transitional provisions (Part 2 of Schedule 2) relevant to existing ministerial staff and existing employees of members of Parliament, preserving certain accrued leave and entitlements, and specifying how records are to be treated upon a political office holder leaving office (Schedule 2, cl 2-4, cl 7-8). The 2023 amendment noted for Schedule 2 suggests more recent adjustments to transitional or record-related provisions.

Effect of amendments as per text

• The annotations in the source operate as markers of change; the text displayed incorporates those amendments. The insertion of s 20A in 2017 introduced a statutory misconduct termination procedure executed by Presiding Officers, and subsequent 2022 amendments adjusted that provision. The 2018 substitution of s 13 integrated the delegation of expenditure mechanics with the Government Sector Finance Act framework. The 2023 amendments adjusted administrative support and transitional provisions, and the 2020 amendment altered the composition of Schedule 1.

Limits of this record

• The source text supplies internal amendment annotations only and does not provide further explanatory material regarding the policy reasoning behind each amendment. The notes identify the amending instrument (year, number and schedule/clauses) but do not reproduce the amending instruments themselves. The Schedule and clause references in this section are taken verbatim from the source text as provided.

In short, the Act has been amended several times since its enactment, with notable insertions and substitutions (notably s 20A inserted 2017, s 13 substituted 2018, Schedule 1 changed 2020, and operational/transitional adjustments in 2023). The staged amendments have altered disciplinary processes, delegation of financial functions, the list of special office holders, and administrative/record-handling arrangements.

The text provided contains no references to judicial or tribunal decisions, and it does not list any cases or litigation arising under the Act. There are no statutory citations of precedent or court decisions within the body of the Act as supplied. The only references to other statutes are to define terms or allocate responsibility (for example, the Industrial Relations Act 1996, the Law Reform (Vicarious Liability) Act 1983, the Public Interest Disclosures Act 2022, the Government Sector Finance Act 2018, the State Records Act 1998 and the Constitution Act 1902).

Practical implications for litigation avenues

• The Act itself curtails particular litigation avenues for matters declared not to be industrial matters by excluding employment under the Act from the Industrial Relations Act 1996 and by precluding certain remedies in relation to those matters (s 26(2)-(5)). Section 26(5) explicitly states that 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 declared by the section not to be an industrial matter. That statutory bar narrows the typical judicial options for review or relief in disputes that fall within the Act’s non-industrial declaration.
• For tort claims connected to staff employed under Part 3, s 24 reallocates vicarious liability to the office of the relevant Presiding Officer rather than the Crown, and it does so “despite any provision” of the Law Reform (Vicarious Liability) Act 1983. Any civil litigation alleging torts within s 24’s scope would therefore identify the office of the relevant Presiding Officer as the vicariously liable entity in cases covered by that section.

Absence of cases in the source

• Because the statutory text provided contains no named cases or references to litigation, this section cannot report on judicial interpretation, contested points of law, or appellate decisions. Any judicial application, interpretation conflicts, or challenge to the Act’s provisions (for example, on constitutional grounds, or about the boundaries of s 26’s remedy limitations) is not recorded in the statutory text itself.

What a litigant would need to check outside this source

• To develop a litigation history or case law map, one would need to search court and tribunal databases, legal reporting services and public law resources for cases that invoke ss 20A, 24, 25 and 26, and for any challenges to the delegations, record-handling or the exclusion of industrial mechanisms. That task is outside the scope of the statutory text supplied here.

Concluding observation from the text

• The Act, by design, displaces industrial tribunal jurisdiction and certain judicial remedies for employment matters under it and reallocates certain civil liabilities, which will shape the routes available to litigants. The absence of cases in the statute text means that, from this source alone, no litigation history is available or recorded.

The Act contains several provisions that may not be obvious on first glance and that create operational, legal and compliance risks or unexpected results if not expressly addressed. These are practical “gotchas” grounded in the text.

Model agreement binds employment terms unless approved otherwise

• Employment agreements must be in the terms of the model agreement approved by the Premier (Part 2) or the relevant Presiding Officer (Part 3) (s 6(2); s 17(2)). Variations require the approving authority’s approval (s 6(3); s 17(3)). Operational consequence: employers and staff cannot unilaterally agree to terms inconsistent with the current model agreement; doing so risks a declaration that the agreement is not compliant with the Act.

Termination provisions override written contracts

• Sections 8(4) and 20(4) state the termination provisions have effect despite anything in the written employment agreement. That means automatic termination on events such as the holder ceasing to hold office or poll day (s 8(1)(a)-(b); s 20(1)(a)-(d)) applies even if the written contract attempts to provide otherwise. Employers and staff cannot contract out of these statutory termination events.

Industrial exclusion blocks tribunal routes and some judicial remedies

• Section 26 removes these employments from being industrial matters under the Industrial Relations Act 1996 and excludes specified parts of that Act and State industrial instruments from applying (s 26(2)-(4)). Critically, s 26(5) bars proceedings in the nature of prohibition, certiorari or mandamus, or for declaration or injunction, in respect of matters declared not to be industrial matters. Practitioners who expect to use standard industrial tribunals or immediate judicial relief may find those routes closed; statutory internal processes and civil claims against offices of Presiding Officers are the routes specified by the Act.

Misconduct power has procedural steps and consequences for pay

• The relevant Presiding Officer’s power to terminate for misconduct requires written notice and an opportunity to make submissions before termination (s 20A(1)-(2)). The Presiding Officer may suspend and withhold remuneration during suspension and may forfeit withheld pay if termination or conviction follows (s 20A(3)-(5)). Practical consequences: timely procedural compliance is essential; the employer cannot lawfully terminate under s 20A without following the notice and submissions process; suspension may result in withheld and potentially forfeited pay.

Vicarious liability and other employer liabilities move to Presiding Officer’s office

• Section 24 shifts vicarious liability for certain torts to the office of the relevant Presiding Officer “despite any provision” of the Law Reform (Vicarious Liability) Act 1983 (s 24(2)). Section 25 takes other employer liabilities under any Act or law to be liabilities of the office of the relevant Presiding Officer (s 25(1)). Practitioners must therefore identify the correct respondent in potential civil claims; suing the Crown in unmodified fashion may be misplaced for torts covered by s 24 or liabilities covered by s 25.

Records stored by Premier’s Department are treated as in office-holder’s control while they hold office

• Schedule 2 cl 7 deems records stored by Premier’s Department staff in connection with IT services to be in the possession or control of the political office holder while the person holds office, and requires requests for production to be directed to the political office holder (Schedule 2, cl 7(1)-(2)). If a political office holder leaves, Schedule 2 cl 8 allows the Secretary to transfer records to an appropriate public office or to dispose of them after seven years, with consultation rules and exceptions (Schedule 2, cl 8(2)-(6)). Practical consequences: custodianship and access arrangements differ from ordinary departmental records; parties seeking records must approach the office-holder while in office and public offices receiving transferred records must consult specified agency heads before responding.

Delegation limits and authorisations

• The Premier may delegate functions (s 11) but not the power of delegation itself (s 11(1)). The Premier’s authorised person definition is broad (holders of statutory office, political office holders or their staff, Crown employees, or persons authorised by regulation) (s 11(2)). For Presiding Officers, delegations are allowed to specified officers (s 22). Practical consequence: ensure delegated authority is recorded and the delegation instrument is valid within the Act’s delegation constraints.

Appointment numbers are externally determined

• The number of staff a member may employ under s 14, and for many special office holders under s 15, is determined by the Parliamentary Remuneration Tribunal (s 18). Managers cannot unilaterally increase staff headcount without a Tribunal determination or other statutory change.

Employment is “on behalf of the State”

• Both Parts 2 and 3 specify employment is on behalf of the State (ss 5(1); 14(1)). This shapes who is treated as the employer for particular statutory purposes, in combination with s 24 and s 25 which allocate liabilities to Presiding Officers’ offices in certain cases.

Transitional entitlements preserved but limited

• Schedule 2 cl 3 and cl 4 protect accrued leave and certain entitlements for staff transferred into the new regime, but they also limit the ability to claim dual benefits and restrict certain payments. Employers and staff should carefully map pre-existing entitlements because the transition rules are precise.

Regulatory requirement to consult Presiding Officers (for Part 3)

• Section 27(2) requires the Minister not to recommend regulations relating to Part 3 unless the Minister has certified that the relevant Presiding Officer has been consulted. The exception is regulations under s 15(3) to amend Schedule 1 (s 27(3)). Practically, regulation-making in this area must include consultation documentation.

No express criminal offences in the Act itself

• The Act contains no express criminal offences or named monetary penalties for non‑compliance with employment conditions (outside criminal offences that may be prosecuted under other laws if conduct meets their elements, e.g. “serious offence” as defined in s 20A). Enforcement is primarily administrative, civil liability and financial forfeiture under s 20A.

In sum, the most common operational pitfalls are: failure to use the approved model agreements; attempting to contract around statutory termination events; expecting industrial tribunal jurisdiction or standard judicial remedies where s 26 applies; misidentifying the correct civil defendant for tort or employer-liability claims; mishandling records custody and disposal timelines; and missing procedural steps in s 20A misconduct processes.

Practical steps for political office holders, members, administrative officers and external advisers to comply with the Act’s requirements are set out below, grounded in the statutory text. This is an operational checklist and process guide rather than legal advice.

Establish authority, approvals and delegation records

• Confirm whether the appointing office is a political office holder (Part 2) or a member of Parliament (Part 3) and which approving authority applies: Premier for Part 2; the relevant Presiding Officer for Part 3 (s 3; s 5(3); s 16(1)). If a member is also a political office holder, note the restrictions in s 23 regarding cross-use of Parts 2 and 3.
• Obtain and document any delegations relied on. If the Premier or Presiding Officer has delegated functions, ensure the delegation instrument is current, valid and within the Act’s delegation limits (s 11(1); s 22). For Premier delegations, confirm the delegate is an authorised person as defined in s 11(2).

Use and vary the model employment agreement correctly

• Obtain the current model agreement approved by the Premier (for political office holders) or the relevant Presiding Officer (for members) and use it as the base form for written employment agreements (s 6(1)-(2); s 17(1)-(2)).
• If different or additional terms are needed, seek and document the required written approval from the approving authority (s 6(3); s 17(3)). Do not implement variations without explicit approval.

Comply with conditions of employment determinations

• Ascertain the current determinations of conditions of employment made by the Premier (Part 2, s 7) or the relevant Presiding Officer (Part 3, s 19). Where the written agreement provides differently, the agreement terms apply; otherwise the determinations govern (s 7(2); s 19(2)).
• Ensure payroll, leave and workplace policies reflect those determinations and any statutory prohibitions or requirements.

Headcount and remuneration budgeting

• Check the Parliamentary Remuneration Tribunal determination for the number of staff a member is entitled to employ under s 14 and s 18. Do not exceed headcount without Tribunal adjustment (s