99Employment of Parliamentary advisers

99 Employment of Parliamentary advisers S. 99(1) substituted by Nos 30/2018 s. 67(1), 5/2019 s. 68. (1) Subject to the directions of the Premier in respect of conditions of employment and termination of employment, an elected member of the Parliament of Victoria referred to in subsection (2) may, on behalf of the Crown, employ a person as a Parliamentary adviser for a term, not exceeding 4 years, specified in the person's contract of employment. S. 99(2) substituted by Nos 30/2018 s. 67(1), 5/2019 s. 68. (2) The following elected members may employ Parliamentary advisers in accordance with this section— (a) the Leader of the Opposition; (b) if one or more other parties not forming Government are represented in the Parliament of Victoria— (i) the Leader of each party; or (ii) if a party does not have a leader, a member of the party nominated by the party for the purposes of this section; or (c) each independent elected member of the Parliament. S. 99(2A) inserted by No. 30/2018 s. 67(1), substituted by No. 5/2019 s. 68. (2A) A party Leader or the nominee of a party is entitled to employ the following Parliamentary advisers in respect of so much of each financial year that the party Leader or nominee is an elected member— (a) if the party has only one elected member, the equivalent of one Parliamentary adviser; (b) if the party has more than one but fewer than 6 elected members, the equivalent of— (i) 2 Parliamentary advisers; and (ii) one additional Parliamentary adviser for each 2 elected members; (c) if the party has more than 5 but fewer than 12 elected members, the equivalent of— (i) one Parliamentary adviser; and (ii) one additional Parliamentary adviser for each 2 elected members; (d) if the party has more than 11 elected members, the equivalent of one Parliamentary adviser for each 2 elected members. S. 99(2B) inserted by No. 30/2018 s. 67(1), substituted by No. 5/2019 s. 68. (2B) Each person who is an independent elected member of the Parliament of Victoria is entitled to employ the equivalent of one Parliamentary adviser in respect of so much of each financial year that the person is an elected member. S. 99(2C) inserted by No. 30/2018 s. 67(1), substituted by No. 5/2019 s. 68. (2C) The total costs attributable to the employment of Parliamentary advisers by an elected member in respect of a financial year must not exceed the total costs that would reasonably be attributable to the employment, on a full-time basis in respect of the financial year, of the number of Parliamentary advisers specified in subsection (2A) or (2B) in relation to the elected member. S. 99(2D) inserted by No. 30/2018 s. 67(1), amended by No. 5/2019 s. 69. (2D) For the purposes of determining the entitlement under subsections (2A) and (2B)— (a) the number of elected members of a party represented in the Parliament of Victoria; and (b) the number of independent elected members of the Parliament of Victoria— is to be determined as at the date that the result of the general election at which the members are elected is declared by the Commission under section 121 of the **Electoral Act 2002**. S. 99(2E) inserted by No. 30/2018 s. 67(1). (2E) The entitlement determined under subsection (2D) is to be recalculated as at the date that the result of an election, other than a general election, is declared by the Commission under section 121 of the **Electoral Act 2002** only in relation to— (a) the elected member who held the seat that became vacant and resulted in the holding of the election; and (b) the candidate that is declared elected at the election and is an elected member of a party represented in the Parliament of Victoria or an independent elected member of the Parliament of Victoria. (3) If an employee who is on leave of absence without pay is appointed as a Parliamentary adviser, he or she is, for the purposes of the **State Superannuation Act 1988**, to be taken to be on leave of absence with pay for the duration of that appointment. S. 99(4) inserted by No. 30/2018 s. 67(2). (4) In this section— ***candidate*** has the same meaning as it has in section 3 of the **Electoral Act 2002**; ***elected member*** has the same meaning as it has in section 206(1) of the **Electoral Act 2002**; ***general election*** has the same meaning as it has in section 3 of the **Electoral Act 2002**; ***independent elected member*** has the same meaning as it has in section 207G of the **Electoral Act 2002**; ***party*** has the same meaning as ***registered political party*** has in section 3 of the **Electoral Act 2002**. S. 99A inserted by No. 37/2013 s. 17.