(1) Subject to Part 5
and subsections (2) and (4), the employment of a ministerial officer
terminates —
(a) if
the political office holder for whose assistance the ministerial officer was
employed ceases to hold office as such; or
(b) on
the day fixed for the return of the writ for the general election for the
Legislative Assembly next following the first day of that employment; or
(c) on
the day specified in the relevant contract of employment as the day on which
that employment expires,
whichever is soonest.
(2) Subject to
subsection (3), the Minister may at any time, by —
(a)
notice in writing given to a ministerial officer not less than 4 weeks before
the termination concerned; or
(b)
payment to a ministerial officer in lieu of the period of notice referred to
in paragraph (a) of an amount not exceeding such amount of the salary of the
ministerial officer as is prescribed,
terminate the
employment of the ministerial officer.
(3) The Minister shall
not terminate under subsection (2) the employment of a ministerial officer
employed to assist another political office holder unless the Minister has
first consulted the other political office holder.
(4) A ministerial
officer may at any time terminate his or her employment by notice in writing
given to the Minister not less than 4 weeks, or such shorter period as is
agreed between the ministerial officer and the Minister, before that
termination.
(5) If the employment
of a person as a ministerial officer is terminated by subsection (1)(a), the
Minister may by writing direct that the employment of the person shall be
deemed —
(a) not
to have been so terminated; and
(b)
subject to subsection (6), to have continued, or to continue, until a day
specified in that direction.
(6) A direction under
subsection (5) has effect according to its terms until the termination of the
relevant employment under Part 5 or subsection (1), (2) or (4).
[Section 72 amended: No. 36 of 2000 s. 24.]