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

Schedule 3   Application and transitional provisions

2   Continuation of staff employed under section 13

(1) This item applies to a person who was employed by an office-holder under section 13 of the MOPS Act and who is, immediately before the commencement day, a member of the office-holder's staff.

(2) If the office-holder is a Minister, the person's employment continues, from the commencement day:

(a) for a person who was, immediately before the commencement day, classified as an electorate employee - as if the person were an electorate employee employed under subsection 11(1) of the amended MOPS Act; or

(b) otherwise - as if the person were a personal employee (Ministerial) employed under subsection 11(2) of the amended MOPS Act.

(3) If the office-holder is not a Minister, the person's employment continues, from the commencement day:

(a) for a person who was, immediately before the commencement day, classified as an electorate employee - as if the person were an electorate employee employed under subsection 11(1) of the amended MOPS Act; or

(b) otherwise - as if the person were a personal employee (non-Ministerial) employed under subsection 11(3) of the amended MOPS Act.

(4) Without limiting subitems (2) and (3):

(a) the agreement under which the person was employed has effect from the commencement day as if it were an agreement made under subsection 11(1), (2) or (3) (as applicable) of the amended MOPS Act that complies with sections 11 and 12 of the amended MOPS Act; and

(b) sections 13 to 18 of the amended MOPS Act apply in relation to the person's employment from the commencement day (and repealed sections 14 and 16 do not apply); and

(c) section 19 of the MOPS Act, as inserted by Schedule 2 to this Act, applies in relation to the person's employment from the day that section commences.