Document ID: chunk:federal_register_of_legislation:F2025N00144:clause:3_14
Version: federal_register_of_legislation:F2025N00144
Segment Type: clause
Provision Reference: sch 3 cl 14
Character Range: 18636–20813

14  Deferral of termination of employment
     1.     Where the employment of a personal employee is terminated in accordance with section 14(1) of the Act, the employment of the personal employee is deemed not to have terminated and to continue until eight weeks from the date of termination.
     2.     Where the employment of an electorate employee is terminated in accordance with section 14(1) of the Act, the electorate employee's employment is deemed not to have terminated and to continue until the day eight weeks from the day of the employee's termination, except:
                1.     when the employee's termination of employment is a consequence of the place of the employing member of the House of Representatives becoming vacant, then the employee's employment is deemed not to have terminated and to continue until the day two weeks from the day of the declaration of the poll for the election to fill the place of the employing member; or
                2.     when the employee's termination of employment is a consequence of the employing State Senator's place becoming vacant at the end of their term, having not recontested election or been defeated at the election, then the employee's employment is deemed not to have terminated and to continue until the day two weeks from the day of the employee's termination; or
                3.     when the employee's termination of employment is a consequence of the employing Senator's place becoming vacant and there is a casual vacancy, then the employee's employment is deemed not to have terminated and to continue until the later of:
 (i) the day eight weeks from the date of the employee's termination; or
 (ii) the day two weeks from the day on which the place occupied by that Senator is filled in accordance with section 15 of the Commonwealth of Australia Constitution Act.
 Note: The filling of a casual vacancy as above includes Senators elected by the States and those elected by the Territories.
     1.     In the case where there is no declaration of the poll, the employment of all employees is deemed to not have terminated and to continue until eight weeks from the date of termination.