Commonwealth Consolidated Acts

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MEMBERS OF PARLIAMENT (STAFF) ACT 1984 - SECT 16

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 a person who holds a relevant office—the last-mentioned person ceases to hold the relevant office;
(b)
in the case of a person employed by a Senator in respect of whom a determination by the Prime Minister under section 12 is in force—the Senator ceases to be a Senator or the determination is revoked; or
(c)
in the case of a person employed by a Member of the House of Representatives in respect of whom a determination by the Prime Minister under section 12 is in force—the Member ceases to be a Member of the House of Representatives or the determination is revoked.
(2A)
For the purposes of paragraph (2)(b), a Senator shall be deemed not to have ceased to be a Senator while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as a Senator.

(2B)
For the purposes of paragraph (2)(c), a Member of the House of Representatives shall be deemed not to have ceased to be such a Member while he or she continues to be entitled to the Parliamentary allowance that was payable to him or her as such a Member.

(3)
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.

(4)
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.

(5)
Where the employment of a person under this Part is terminated by subsection (1) or (2), the Prime 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 Prime 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.



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