34Re‑engagement of election candidates

34  Re‑engagement of election candidates

Person may apply to be re‑engaged as a Parliamentary Service employee

 (1) A Secretary may engage a person as a Parliamentary Service employee if:

 (a) the person is a former Parliamentary Service employee, whose employment ended because they resigned to contest:

 (i) an election for a member of a House of the Parliament of the Commonwealth or of a State; or

 (ii) an election for a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or

 (iii) an election for a member of the Torres Strait Regional Authority; and

 (b) section 32 of the Act (right of return for election candidates) applies to the person; and

 (c) the person applies to the Secretary to be engaged as a Parliamentary Service employee within the applicable timeframe mentioned in subsection (2) of this section; and

 (d) if the former employment was non‑ongoing:

 (i) the employment would not have ended except for the resignation; and

 (ii) the person applies to the Secretary to be engaged before the employment would have ended if the person had not resigned.

 (2) A person mentioned in paragraph (1)(a) must apply to the Secretary:

 (a) if the result of the election is not disputed—within 2 months after the declaration of the result of the election; or

 (b) if the result of the election is disputed—within 2 months after a court of disputed returns decides the petition disputing the result, or the petition is withdrawn or lapses; or

 (c) if the Parliamentary Service Commissioner has made a declaration under subsection (3)—as soon as practicable after receiving notice of the declaration.

 (3) If the Parliamentary Service Commissioner is satisfied that it is appropriate to do so, the Parliamentary Service Commissioner may declare that the person is taken to be a former Parliamentary Service employee for the purposes of paragraph (2)(c).

Example: The Parliamentary Service Commissioner may make a declaration if the Department in which the person was employed no longer exists or is no longer responsible for duties that were previously carried out by the employee.

Basis on which person may be re‑engaged as a Parliamentary Service employee

 (4) If the Secretary engages the person as a Parliamentary Service employee, the person must be:

  (a) engaged on the same basis (ongoing or non‑ongoing) as the person’s employment before resigning and at the same classification; and

 (b) assigned duties that are the same as, or similar to, the duties the person had immediately before the resignation or, if such duties are unavailable, other duties at the same classification; and