New South Wales Consolidated Acts

PARLIAMENTARY REMUNERATION ACT 1989 - SECT 6A

6A Employment benefits

(1) A member (including a recognised office holder) is entitled to be provided with employment benefits if the member elects by notice in writing to the designated employer to be provided with those benefits and if the designated employer approves of that election.

(2) For the purposes of this section, an "employment benefit" is a benefit (other than a salary sacrifice contribution) that:

(a) is or is to be provided to a member at the cost of the State, and

(b) is of a private nature, and

(c) is of a kind approved as an employment benefit by a determination of the Tribunal, either generally or in relation to any member or class of members.

(3) The cost of providing an employment benefit (including any applicable tax or administrative costs) is to be as determined from time to time by the designated employer and the remuneration otherwise payable to the member is reduced by the cost of providing the benefit.

(4) The designated employer may from time to time determine the terms and conditions on which, including the manner in which, employment benefits are to be provided.

(5) Any determination by the designated employer under this section as to the costing or terms and conditions of, or any other matter relating to, the provision of employment benefits is to be consistent with any determination of the Tribunal relating to those matters.

(6) The provision of an employment benefit to a member may be terminated at any time by the member by notice in writing to the designated employer.

(7) For the purposes of this section, the "designated employer" is the person holding the position of Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services or the holder of a position of the following kind that is prescribed by the regulations for the purposes of this section:

(a) a position of an officer of either House of Parliament,

(b) any position under the separate control of the President or Speaker, or under their joint control.

(8) This section has effect despite anything to the contrary in this Act, the Constitution Act 1902 or any other Act.