Page 2381 - Week 08 - Wednesday, 22 June 1994
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"(1B) Notwithstanding anything contained in this section, where the Clerk -
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 of the Commonwealth; and
(b) is under 60 years of age;
the Clerk is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.".
13. Page 26, line 16, clause 54, add the following subclause:
"(2) The Clerk has all the powers of a Chief Executive in relation to the staff assisting him or her as if the staff were employed in an administrative unit under the control of the office holder.".
I am proposing that clause 51 be amended by inserting after subclause 51(1) new subclauses to provide that the clerk cannot be retired on invalidity grounds unless the Commonwealth Superannuation Board of Trustees has issued a certificate under the relevant Superannuation Act. The desirability of these provisions was advised by the Commonwealth Department of Finance after the Bill had been introduced. I understand that these are standard clauses advised by the Department of Finance. In relation to clause 54, I am proposing to amend that to clarify that the Clerk of the Assembly does have all the powers of a chief executive in respect of staff employed in the Legislative Assembly Secretariat. The staff of the secretariat are to be employed under the provisions of this Bill.
Amendments agreed to.
Clauses, as amended, agreed to.
Clause 57
MS FOLLETT (Chief Minister and Treasurer) (5.08): Madam Speaker, I move amendment No. 14, which has been circulated in my name. It reads:
14. Page 27, lines 32 and 33, paragraph (2)(b), omit the paragraph, substitute the following paragraph:
"(b) in relation to the classification of offices in the Office of the Director of Public Prosecutions, be exercised by the Director of Public Prosecutions.".
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