I, SCOTT RYAN, Special Minister of State, for and on behalf of the Prime Minister, determine under subsections 13(2) and 20(2) of the Members of Parliament (Staff) Act 1984 (the Act) that, with effect on and from the date of this Determination:
1. Determination 2014/1 dated 10 April 2014 is revoked.
2. Electorate Officers work under the sole direction of the employing Senator or Member and are employed to assist the Senator or Member to carry out duties as a Member of Parliament, and not for party political purposes.
3. Each Senator or Member may employ staff, in accordance with subsections 13(1) or 20(1) of the Act, against three full-time Electorate Officer positions with a work base of the electorate office and one full-time Electorate Officer position with a work base of either the electorate office, Parliament House office, or office holder’s office as described at item 9.
4. There are three classifications of Electorate Officer: A, B and C. Electorate Officer C is the highest classification. Senators and Members must choose either of the two following combinations for their four Electorate Officer positions:
(a) one Electorate Officer C position, one Electorate Officer B position and two Electorate Officer A positions; or
(b) three Electorate Officer B positions and one Electorate Officer A position.
5. Members who are provided with a second electorate office at Commonwealth expense may employ staff against one additional full-time Electorate Officer B position.
6. Members who are provided with a third electorate office at Commonwealth expense may employ staff against one additional full-time Electorate Officer B position.
7. Any Electorate Officer position allocated to a Member may have a work base of the second or third electorate office, subject to a minimum of one and a maximum of two full-time positions in each office.
8. Members who are entitled to a third electorate office may allocate an additional two levels of electorate staff allowance (ESA) to staff (a total of 20 levels of ESA). ESA allocated under this item is administered in the same way as ESA allocated under the Commonwealth Members of Parliament Staff Enterprise Agreement 2012-2015 (the Enterprise Agreement). This item ceases to have effect on the date a replacement for the Enterprise Agreement commences.
9. For the purpose of item 3, an office holder’s office is an office, other than the electorate office/s and Parliament House office, provided at Commonwealth expense to the employing Senator or Member within the state or territory of their electorate and who is:
(a) a Minister;
(b) an Opposition Office Holder1;
(c) a Leader of a Minority Party2; or
(d) a Presiding Officer.
10. The Special Minister of State may approve an alternative work base for Electorate Officers in special circumstances.
11. Senators and Members who hold a ‘relevant office’, as defined under section 3 of the Act, employ Electorate Officers in positions allocated by this Determination under Part III of the Act. Senators and Members who do not hold a ‘relevant office’ employ Electorate Officers in positions allocated by this Determination under Part IV of the Act.
Dated this 5th day of October 2016
SCOTT RYAN
Special Minister of State
1 The Leader or Deputy Leader of the Opposition in the House of Representatives; or the Leader or Deputy Leader of the Opposition in the Senate.
2 The leader of a recognized non-Government party of at least five members, but not an Opposition Office Holder.