Australian Capital Territory Consolidated Acts

LEGISLATIVE ASSEMBLY (MEMBERS' STAFF) ACT 1989 - SECT 14

    (1)     A part 2 or part 3 employee who is also an officer may apply to the commissioner for a determination to be made under this section of his or her classification and salary as an officer.

    (2)     An application may be made—

        (a)     during the employment under part 2 or part 3; or

        (b)     not later than 30 days, or a longer period allowed by the commissioner, after the termination of the employment.

    (3)     On receiving an application, the commissioner must establish a committee consisting of—

        (a)     a person nominated by the relevant chief executive; and

        (b)     a person nominated by the commissioner; and

        (c)     an independent officer;

to consider the application and make a recommendation to the commissioner.

    (4)     If the applicant tells the commissioner in writing that the applicant wishes the independent officer for the committee to be appointed on the nomination of a named organisation registered under the Workplace Relations Act 1996 (Cwlth), the commissioner must ask the named organisation to nominate a person for appointment and, if it does so, appoint the person so nominated to be the independent officer for the committee.

    (5)     The commissioner must, in writing, determine—

        (a)     procedures for choosing an independent officer for a committee; and

        (b)     procedures that a committee must follow in considering an application.

Note     Power given under an Act to make a statutory instrument (including a determination) includes power to amend or repeal the instrument (see Legislation Act 2001 , s 38 (1)).

    (6)     A determination under subsection (5) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .

    (7)     The commissioner must, taking account of the recommendation of the committee, determine a classification and rate of salary for the applicant as an officer that are not less than his or her current classification and rate of salary as an officer, having regard to—

        (a)     the employment of the applicant immediately before being employed under part 2 or part 3; and

        (b)     the duration of the applicant's employment under part 2 or part 3; and

        (c)     the duties performed by the applicant in employment under part 2 or part 3; and

        (d)     any other matter that the commissioner considers relevant.

    (8)     A determination must be in writing and a copy given to the applicant.

    (9)     A determination has effect, or is taken to have had effect, when the officer resumes duty as an officer.