Australian Capital Territory Consolidated Acts

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LEGISLATIVE ASSEMBLY (MEMBERS' STAFF) ACT 1989 - SECT 8

Termination of employment

    (1)     The employment of a person under this part terminates if the office-holder by whom the person was employed dies.

    (2)     The employment of a person under this part terminates if—

        (a)     in the case of a person employed by an office-holder—the office-holder ceases to hold office; or

        (b)     in the case of a person employed by a member of the Assembly in respect of whom a determination by the Chief Minister under section 4 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 person employed by the office-holder under this part, terminate the person's employment.

    (5)     A person employed by an office-holder under this part may at any time, by notice in writing given to the office-holder, terminate the person's employment.

    (6)     Where the employment of a person under this part is terminated by subsection (1) or (2), the Chief Minister may by writing direct that the employment of the person shall be deemed—

        (a)     not to have been so terminated; and

        (b)     to have continued, or to continue, until a specified date;

and, where the Chief Minister so directs, the employment of the person under this part shall for all purposes be deemed to have continued, or to continue, until that date.

    (7)     A direction under subsection (6) is a disallowable instrument.

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



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