Members of Parliament (Staff) Amendment Act 2023 (71 of 2023)

Schedule 2   Amendments relating to the Parliamentary Workplace Support Service Act 2023

Members of Parliament (Staff) Act 1984

14   At the end of Part III

Add:

19 Suspension from duties by CEO

Suspension

(1) The CEO may suspend a person employed under this Act from duties if:

(a) the CEO has informed the employing individual of the CEO's concern that it might be appropriate to suspend the person, in order to mitigate a risk to:

(i) work health and safety; or

(ii) property; or

(iii) security; or

(iv) an investigation; and

(b) the CEO has sought the employing individual's views about the CEO's concern; and

(c) taking into account any views the employing individual expressed and any other action the employing individual has taken in relation to the concern, the CEO considers that it is appropriate to suspend the person from duties in order to mitigate a risk mentioned in paragraph (a); and

(d) the employing individual agrees to the CEO suspending the person from duties.

Note 1: The employing individual is the parliamentarian or office-holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section 3).

Note 2: The Fair Work Act 2009 may limit the circumstances in which the CEO may lawfully suspend a person from duties. See, for example, Part 3-1 (general protections) of that Act.

Note 3: Additional rules or procedures to be followed in suspending a person from duties may be set out in:

(a) the agreement for the employment of the person; or

(b) fair work instruments (within the meaning of the Fair Work Act 2009); or

(c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act.

Note 4: Suspension of employment may be unlawful under anti-discrimination laws in certain circumstances.

Period of suspension

(2) The suspension is for the period determined by the CEO, which must not exceed 30 days.

(3) Subsection (2) does not prevent:

(a) the CEO from suspending the person again under subsection (1); or

(b) the employing individual from suspending the person under section 18.

With pay unless exceptional circumstances

(4) The suspension is with pay, unless the CEO is satisfied that exceptional circumstances exist to justify suspension without pay.

End of suspension

(5) The CEO may end the suspension at any time before the end of the period determined under subsection (2).