Australian Capital Territory Consolidated Acts

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LEGISLATIVE ASSEMBLY (MEMBERS' STAFF) ACT 1989 - SECT 18

Termination of engagement

    (1)     The engagement of a consultant or contractor under this division terminates if the office-holder by whom the consultant or contractor was engaged dies.

    (2)     The engagement of a consultant or contractor under this division terminates if—

        (a)     in the case of a consultant or contractor engaged by an office-holder—the office-holder ceases to hold office; or

        (b)     in the case of a consultant or contractor engaged by a member of the Assembly in respect of whom a determination by the Chief Minister under section 16 is in force—the member ceases to be a member of the Assembly or the determination is revoked.

    (3)     For subsection (2) (b), a member of the Assembly shall be deemed not to have ceased to be such a member while he or she continues to be entitled to an allowance that was payable to him or her as such a member.

    (4)     An office-holder may at any time, by notice in writing given to a consultant or contractor engaged by the office-holder under this division, terminate the engagement of the consultant or contractor.

    (5)     A consultant or contractor engaged by an office-holder under this division may at any time, by notice in writing given to the office-holder, terminate the engagement.

    (6)     The engagement of a consultant or contractor that is not terminated—

        (a)     by subsection (1) or (2); or

        (b)     by the office-holder under subsection (4); or

        (c)     by the consultant or contractor under subsection (5);

terminates at the expiration of 3 years, or such shorter period (if any) as is specified in the relevant agreement as the term of the engagement.

    (7)     Where the engagement of a consultant or contractor under this division is terminated by subsection (1) or (2), the Chief Minister may, by writing, direct that the engagement of the consultant or contractor shall be deemed—

        (a)     not to have been so terminated; and

        (b)     to have continued, or to continue, until a specified date, being a date not later than the date on which the engagement would have terminated by the operation of subsection (6);

and, where the Chief Minister so directs, the engagement of the consultant or contractor under this division shall, subject to subsection (8), be deemed to have continued, or to continue, until that date.

    (8)     A direction under subsection (7) is a disallowable instrument.

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

    (9)     Where the engagement of a consultant or contractor is deemed to have continued or to continue under subsection (7)—

        (a)     the Chief Minister may at any time, by notice in writing given to the consultant or contractor, terminate the engagement; and

        (b)     the consultant or contractor may at any time, by notice in writing given to the Chief Minister, terminate the engagement.



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