Legislative Assembly Members (Miscellaneous Provisions) Act 1987

This Act may be cited as the Legislative Assembly Members (Miscellaneous Provisions) Act 1987.

Where:

a person was declared under section 131 of the Electoral Act 2004 as elected at an election of members or a member of the Legislative Assembly (the previous election);

the Court of Disputed Returns under that Act declared that the person was not duly elected or that the previous election was void;

at an election held as a consequence of the Court's declaration the person was again declared under that Act as elected; and

the Speaker of the Legislative Assembly is satisfied that the declaration of the Court in relation to the previous election was not as the result of any fault of the person, the person is entitled to the remuneration, allowances and other entitlements of a member of the Legislative Assembly to which he or she would have been entitled in respect of the relevant period if the declaration of the Court had not been made and the person had been sworn in as a member.

In subsection (1) the relevant period is the period between the polling day of the previous election referred to in subsection (1)(a) and the polling day of the subsequent election referred to in subsection (1)(c).

Subject to section 4, the Speaker of the Legislative Assembly shall determine and certify for payment the amount which, in the Speaker's opinion, a person referred to in section 2 is entitled to receive in pursuance of that section.

In determining under subsection (1) the amount to which a person is entitled to receive, the Speaker shall ensure, as far as practicable, that it is sufficient to reimburse the person for such out‑of-pocket expenses incurred as the person might reasonably have incurred had he or she been or continued to be a member of the Legislative Assembly.

As soon as practicable, but not later than 90 days, after a person is declared elected in the circumstances referred to in section 2(1)(c), the person shall submit to the Speaker of the Legislative Assembly, in such form and substantiated by such evidence as the Speaker requires, a claim for the reimbursement of expenses referred to in section 3(2).

The Speaker is not required to certify for payment any amount for the reimbursement of expenses for which a claim has not been submitted under and within the time specified in subsection (1).

For the purposes of the Legislative Assembly Member's Superannuation Fund Act 1979 and the Trust under that Act, a person referred to in section 2 shall be deemed to be or have remained a member of the Legislative Assembly during the relevant period referred to in that section.