Parliamentary Salaries, Allowances and Superannuation Act 1968 (Vic)
Version No. 121
Parliamentary Salaries, Allowances and Superannuation Act 1968
No. 7723 of 1968
Version incorporating amendments as at
31 December 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Short title, commencement and division
2Purpose
3Definitions
Part 2—Parliamentary salaries and allowances and the Budget
Division 1—Statement of Principles
4Outline of Division
4AFair and reasonable recompense for public duties
4BGood faith and integrity
4CPersonal responsibility and accountability
Division 2—Salaries, work-related parliamentary allowances and other allowances
6Members' salaries and allowances and work-related parliamentary allowances
7Calculation of salaries and allowances under section 6
7ASalary sacrifice
7BImposition of fine
7CAssembly Suspension Fines Fund
7DCouncil Suspension Fines Fund
7ESeparation payment
7EASeparation payment—finding of serious parliamentary misconduct, improper conduct or detrimental action
Division 3—The Budget
7FThe Budget
9Application of Consolidated Fund
Division 4—Monitoring, compliance and enforcement provisions relating to work-related parliamentary allowances and the Budget
9AValue for money
9BDominant purpose test
9CMember must not make claims or use or incur expenses in breach of Tribunal Guidelines or terms or conditions
9DTravel allowance to be claimed as a reimbursement
9EClaim for work-related parliamentary allowance or under the Budget
9FRelevant Officer may request further information
9GRelevant Officer must make determination
9HMember may appeal
9IPrescribed details to be published
9JInformation to be included in annual report
Division 5—Regulations and guidelines
9KRegulations
9LMinister may make guidelines
Division 6—Transitional provisions
9MPurpose of this Division
9NApplication of Act
Division 7—Review
9OMinister to conduct review
Part 3—The Scheme
Division 1—Preliminary
10Definitions
10ARegistration of names of adult children
10BPayment of children's and adult children's allowances
14Deduction from salaries of members
Division 2—Existing benefits scheme
14AApplication of Division
15Members' superannuation benefit
16Right to convert part of entitlement to lump sum entitlement
17Pension on retirement on grounds of ill health
18Entitlements on death of member
18AABoard's discretion to determine qualifying partners
18ARe-instatement of pension cancelled on the ground of re‑marriage
18BSuperannuation guarantee
20Entitlements on resuming membership
21Certain persons may elect to be subject to this Part
Division 3—New benefits scheme
21AApplication of this Division
21BTransfer entitlement
21CBenefits
Division 3A—Family Law provisions
21CADefinitions
21CBAccrued benefit multiple
21CCObligation on Board
21CDReduction of benefit
21CEBoard may provide additional information
21CFCommutation rights not affected
21CGCharging of fees
Division 4—General provisions
21DPayment of benefits subject to specified standards
22Provision where Commonwealth pension payable
23Entitlement to pension
23AEarly release of benefits
24Transfer of preserved benefit
24AMoney owing to the Scheme
24BPerson may request Board to reconsider decision
24CSpecified standards
24DSurcharge debt account
24ECommutation of pension to meet surcharge liability
24EACommutation of pension to meet a superannuation interest taxation liability
24FDisclosure of contents of medical reports
25Regulations
Part 4—Parliamentary accumulation superannuation arrangements
Division 1—Preliminary
26Definitions
27Meaning of complying superannuation fund
28Meaning of new arrangements entry time
29Meaning of new arrangements contribution period
Division 2—State's obligations to make contributions
30Persons to whom this Division applies
31The State's obligations to make contributions
Division 3—Choice of funds
32Meaning of fund—includes schemes and accounts
33When may a person choose a fund?
34The nature of the choice
35How to make a choice
36Duration of a choice notice
37Variation of a choice notice
38Revocation of a choice notice
39Obligation to notify person of right to choose a fund
Division 4—The default fund
40Declaration of the default fund
Division 5—Miscellaneous
41Salary sacrifice
42Appropriation
43Regulations
Part 5—General
44Construction provision
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 121
Parliamentary Salaries, Allowances and Superannuation Act 1968
No. 7723 of 1968
Version incorporating amendments as at
31 December 2024
An Act relating to Parliamentary Salaries and Allowances and Parliamentary Superannuation and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
PART 1—PRELIMINARY
1Short title, commencement and division
(1)This Act may be cited as the Parliamentary Salaries, Allowances and Superannuation Act 1968.
(2)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
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2Purpose
The purpose of this Act is to—
(a)provide for salaries and additional salaries for Members; and
(b)provide for allowances and the Budget for Members to support them in the performance of their public duties; and
(c)set out a Statement of Principles with respect to the use of public resources by Members; and
(d)establish a monitoring, compliance and enforcement scheme in relation to the use of work-related parliamentary allowances and the Budget by Members; and
(e)provide superannuation arrangements for Members and former Members.
3Definitions
In this Act unless inconsistent with the context or subject-matter—
additional salary means the additional salary payable to a Member who is a specified parliamentary office holder in respect of that specified parliamentary office as set out in a Determination that is currently in effect;
Assembly means the Legislative Assembly of Victoria;
basic salary means the basic salary payable to a Member as set in a Determination that is currently in effect;
Budget means the Electorate Office and Communications Budget of a Member under section 7F;
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charitable institution means—
(a)any charitable, religious, scientific or educational institution (including any institution providing residential accommodation wholly or principally for full-time students attending an educational institution);
(b)any institution being, or carrying on, a hospital;
(c)any institution the sole or principal purpose of which is to assist in the saving of life, or the prevention of loss
or damage to property, whether at sea or otherwise—
being an institution which is not carried on for the purpose of profit or gain to its individual members and which is not empowered to make any distribution, whether in money, property or otherwise, to its members;
Compliance Officer has the same meaning as it has in section 3 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;
Council means the Legislative Council of Victoria;
Deputy Leader of the Opposition means the member of the Assembly who is for the time being the Deputy Leader of the Opposition;
Determination has the same meaning as it has in section 3 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;
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general election has the same meaning as it has in section 3 of the Electoral Act 2002;
Leader of the Opposition means the member of the Assembly who is for the time being the Leader of the Opposition;
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Member means Member of the Parliament of Victoria;
prescribed means prescribed by regulations made under this Act;
President means the President of the Council;
Presiding Officer means the President or the Speaker;
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public duties has the same meaning as it has in section 2(1) of the Members of Parliament (Standards) Act 1978;
public resources means the work-related parliamentary allowances and other funding, resources or facilities, including the Budget, provided for use by Members in the performance of their public duties but does not include—
(a)basic salaries and additional salaries; or
(b)the separation payment under section 7E;
relevant Clerk means—
(a)if the Member is a Member of the Assembly, the Clerk of the Assembly; or
(b)if the Member is a Member of the Council, the Clerk of the Council;
relevant Officer means—
(a)in relation to work-related parliamentary allowances, the relevant Clerk; or
(b)in relation to the Budget, the Secretary of the Department of Parliamentary Services;
Speaker means the Speaker of the Assembly;
specified parliamentary office means any of the following offices held by a Member in addition to their role as a Member—
(a)Premier;
(b)Deputy Premier:
(c)any other responsible Minister of the Crown;
(d)Leader of the Opposition;
(e)President;
(f)Speaker;
(g)Deputy President;
(h)Deputy Speaker;
(i)Deputy Leader of the Opposition in the Assembly;
(j)Leader of the Opposition in the Council;
(k)Leader of the Third Party (unless they are also the Leader or Deputy Leader of the Opposition or a Minister of the Crown);
(l)Cabinet Secretary;
(la)Parliamentary Secretary to the Premier;
(m)a Shadow Minister;
(n)a Chairperson of a parliamentary committee (including a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003, a standing committee, a select committee and a domestic committee);
(o)a Deputy Chairperson of a parliamentary committee (including a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003, a standing committee, a select committee and a domestic committee);
(p)Government Whip in the Assembly;
(pa)Deputy Government Whip in the Assembly;
(q)Deputy Leader of the Opposition in the Council;
(r)a Parliamentary Secretary (other than the Parliamentary Secretary to the Premier);
(s)Deputy Leader of the Third Party (unless they are also the Leader or Deputy Leader of the Opposition or a Minister of the Crown);
(t)Government Whip in the Council;
(u)Opposition Whip in the Assembly;
(v)Opposition Whip in the Council;
(w)Whip of the Third Party in the Assembly;
(x)Whip of the Third Party in the Council;
(y)Secretary of the Party forming the Government;
(z)Secretary of the Opposition Party;
(za)Secretary of the Third Party;
(zb)any other prescribed parliamentary office;
specified parliamentary office holder means a Member who holds a specified parliamentary office;
third party means a recognized party which consists of eleven members at least of the Parliament.
Tribunal has the same meaning as it has in section 3 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;
Tribunal Guidelines, in Divisions 4 and 5 of Part 2, means guidelines made by the Tribunal under section 36(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;
work-related parliamentary allowances means the allowances specified in section 6(2).
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PART 2—PARLIAMENTARY SALARIES AND ALLOWANCES AND THE BUDGET
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Division 1—Statement of Principles
4Outline of Division
This Division sets out a Statement of Principles that applies in respect of the use of public resources by Members.
4AFair and reasonable recompense for public duties
(1)A Member should receive fair and reasonable recompense for performing their public duties.
(2)Public resources are provided to a Member to support them in performing their public duties.
4BGood faith and integrity
A Member must act ethically, reasonably and in good faith when using, and accounting for the use of, public resources in relation to the performance of their public duties.
4CPersonal responsibility and accountability
(1)A Member must be responsible and accountable for their use of public resources.
(2)A Member must be prepared for their claims to be made publicly available.
(3)A Member must be able to publicly justify their use of public resources.
Division 2—Salaries, work-related parliamentary allowances and other allowances
6Members' salaries and allowances and work-related parliamentary allowances
(1)A Member is to be paid—
(a)a basic salary and the electorate allowances and the expense allowances (if any); and
(b)if the Member is a specified parliamentary office holder, the additional salary payable in respect of that specified parliamentary office; and
(c)if the Member does not elect to be provided with a motor vehicle under section 6(6), the motor vehicle allowance.
(2)Subject to this Act and the regulations, a Member is to receive the following work‑related parliamentary allowances to support them in the exercise of their public duties—
(a)a parliamentary accommodation sitting allowance;
(b)a travel allowance;
(c)any other prescribed allowance.
(3)A Member who concurrently holds more than one specified parliamentary office is only entitled to receive one additional salary, being the highest additional salary to which the Member is entitled.
(4)The Leader of the Opposition must notify the relevant Clerk of a House in writing of the name of any Member of that House who holds the specified parliamentary office of Shadow Minister within 7 days of the Member holding or ceasing to hold that office.
(5)The Leader of the Opposition may under subsection (4) notify a number of Members who hold the specified parliamentary office of Shadow Minister being a number that is not greater than the number of Members who currently hold the specified parliamentary office of Minister.
(6)A Member may elect, in accordance with the regulations, to be provided with a motor vehicle in lieu of receiving a motor vehicle allowance under subsection (1)(c).
7Calculation of salaries and allowances under section 6
(1)Any payment to which any person is entitled under section 6 by reason only of being a member of the Council or the Assembly is to be calculated—
(a)from and including the day appointed for taking the poll at the election at which the person was elected; or
(b)in the case of a person elected at a by‑election without the taking of a poll, from and including the day of the declaration of the election; or
(c)in the case of a person who becomes a member of the Council as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Council, from and including the day that the person is chosen to fill the casual vacancy.
(2)Subject to subsections (4) and (5), in the case of any member who immediately before retirement from the Council or the Assembly by effluxion of time was a member of the Council or the Assembly, any payment referred to in section 6 is to be calculated up to but excluding the day appointed for taking the poll at the next following general election.
(3)Subject to subsections (4) and (5), in any case other than that specified in subsection (2) any payment referred to in section 6 is to be calculated up to the day when the member ceases to be a member.
(4)Subject to subsection (6), any payment to a person holding an office under the Crown or in the Parliament is to be calculated from and including the day upon which the person was appointed to the office up to and including the day upon which the person ceases to hold the office.
(5)For the purpose of calculating the entitlement under section 6 of a person who, immediately before a dissolution of the Assembly, holds the office of—
(a)Leader of the Opposition;
(b)Deputy Leader of the Opposition in the Assembly;
(c)Leader of the Opposition in the Council;
(d)Leader of the Third Party in the Assembly;
(e)Cabinet Secretary;
(f)Shadow Minister;
(g)Deputy Leader of the Opposition in the Council;
(h)Leader of the Third Party in the Council;
(i)Parliamentary Secretary—
is to be taken to continue to hold that office up to but excluding the day appointed for taking the poll at the next following general election.
(6)For the purpose of calculating the entitlement under subsection (2), a person who is a responsible Minister of the Crown or the President or the Speaker is to be taken to continue to hold office and to be a member so long as the person is or is deemed to be a responsible Minister or the Presiding Officer of the Council or the Assembly.
(7)The amount of any additional salary or allowance is to be calculated to the nearest dollar.
7ASalary sacrifice
(1)A member may by notice in writing enter into an arrangement under which the member agrees to receive the whole or part of his or her total amount of future remuneration as non-salary benefits of an equivalent value.
(2)The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date.
(3)A member may by notice in writing vary or revoke a notice he or she has given under subsection (1).
(4)The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date.
(5)A notice under this section must be given to—
(a)in relation to a person who is a member of the Legislative Assembly, the Clerk of the Legislative Assembly; and
(b)in relation to a person who is a member of the Legislative Council, the Clerk of the Legislative Council.
(6)This section does not apply to permit an arrangement under this section to salary sacrifice contributions—
(a)to the Scheme under Part 3; or
(b)to the chosen fund or default fund under Part 4.
(7)If, before the commencement of section 14 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a member entered into an arrangement under which the member agreed to receive the whole or part of his or her total amount of salary as a member as non‑salary benefits of an equivalent value, that arrangement, by virtue of this subsection, has and is deemed always to have had full effect according to its tenor as if it had been authorised under this section.
(8)On and after the commencement of section 14 of the 2008 Act, an arrangement referred to in subsection (7) may only be varied or revoked in accordance with subsection (3).
(9)In subsection (1), non-salary benefits has the same meaning as it has in clauses 3(5) and 3(6) of Schedule 1A to the Public Administration Act 2004.
7BImposition of fine
(1)If a member is suspended from the service of the Council or the Assembly after being named under the Standing Orders of the Council or the Assembly, a fine is imposed on the member by virtue of this Act calculated in accordance with subsection (2).
(2)The amount of the fine is to be calculated by multiplying the daily rate of the basic salary of the member by the number of days in the sitting period during which the member is suspended from the service of the Council or the Assembly.
(3)For the purposes of subsection (2)—
(a)the daily rate of the basic salary of the member is to be calculated by dividing the basic salary of the member by 365;
(b)the number of days is to be calculated by rounding up to the nearest whole day for the sitting period during which the Council or the Assembly sat while the member was suspended from the service of that House.
(4)The Clerk of the Council or the Clerk of the Assembly must notify the member in writing of the amount determined to be deducted from the salary of the member under subsection (5).
(5)A fine imposed under this section is to be deducted from the salary of the member.
(6)A fine imposed under this section does not constitute a reduction in the salary of the member and does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.
7CAssembly Suspension Fines Fund
(1)There is established an Assembly Suspension Fines Fund.
(2)Any fine imposed on a member of the Assembly under section 7B must be paid into the Assembly Suspension Fines Fund.
(3)The Assembly Suspension Fines Fund is to be administered by the Speaker.
(4)The Speaker must distribute the amount standing to the credit of the Assembly Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the Speaker in each year.
(5)The Speaker must as soon as possible after making a distribution under subsection (4) table a report in the Assembly specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.
7DCouncil Suspension Fines Fund
(1)There is established a Council Suspension Fines Fund.
(2)Any fine imposed on a member of the Council under section 7B must be paid into the Council Suspension Fines Fund.
(3)The Council Suspension Fines Fund is to be administered by the President.
(4)The President must distribute the amount standing to the credit of the Council Suspension Fines Fund as at 30 June each year to one or more charitable institutions nominated by the President in each year.
(5)The President must as soon as possible after making a distribution under subsection (4) table a report in the Council specifying the amount distributed and the name of the charitable institution or charitable institutions to which the amount was distributed.
7ESeparation payment
(1)This section applies to a person who is not a member of the Scheme under Part 3 and who—
(a)dies whilst in office as a Member of Parliament; or
(b)otherwise ceases to be a member of either House of the Parliament or does not seek re‑election at a general election for any reason, other than corrupt conduct or a significant and wilful breach.
(2)Subject to this section and section 7EA, a person to whom this section applies is entitled to a separation payment calculated in accordance with subsections (3) and (4).
(3)The separation payment is the total amount determined in accordance with this subsection and subsection (4), as is applicable—
(a)if the person served as a member in the Parliament for a period of up to one term or a period of one term, an amount equivalent to 3 months of the annual basic salary payable to the member immediately before the day that the person died or otherwise ceased to be a member or did not seek re-election; or
(b)if the person served as a member for a period of 2 terms or more, an amount equivalent to 6 months of the annual basic salary payable to the member immediately before the day that the person died or otherwise ceased to be a member or did not seek re-election.
(4)If the person served as a member in the Parliament for more than one term but less than two terms, the separation payment in relation to the period not served as a full term is to be determined on a pro rata basis in accordance with the following formula—
where—
Ais the number of months the person served in that term (rounded up to the nearest whole number of months);
Bis the number of months (rounded up to the nearest whole number of months) that the person would have served if the person had served a full term during that Parliament;
Cis an amount equal to 3 months of the annual basic salary.
(5)A person must repay a separation payment received under this section if, during the term of the Parliament in which the person ceased
to be a member or in the term of the Parliament immediately after the general election at which the person ceased to be a member, the person—
(a)is declared elected as a result of a declaration of the Court of Disputed Returns under the Electoral Act 2002; or
(b)is re-elected as a member of either House of the Parliament; or
(c)becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Council.
(6)If a person ceases to be a member of either House of the Parliament because of their death, the separation payment to which the person would be entitled if they had not died is to be paid to—
(a)a person or persons that had been nominated in writing to the Clerk of the relevant House of the Parliament by the member; or
(b)if the member had not made a nomination under paragraph (a) before their death, a person or persons that the Clerk of the relevant House of the Parliament is satisfied is or are the beneficiary or beneficiaries of the member.
(7)If a former Member is convicted of corrupt conduct in connection with their period in office as a Member, the separation payment made to the former Member becomes a debt due to the State and may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.
(8)If the Clerk of the relevant House of the Parliament determines that a former Member has committed a significant and wilful breach in connection with their period in office as a Member, the separation payment made to the former Member becomes a debt due to the State and may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.
(9)The Clerk of the relevant House of the Parliament may request a former Member by notice in writing to provide any information which the Clerk of the relevant House of the Parliament considers is reasonably necessary to determine whether the former Member has committed a significant and wilful breach in connection with their period in office as a Member.
(10)If a former Member does not comply with a request under subsection (9), the Clerk of the relevant House of the Parliament may determine that the former Member has committed a significant and wilful breach in connection with their period in office as a Member.
(11)If the Clerk of the relevant House of the Parliament proposes to make a determination that the former Member has committed a significant and wilful breach in connection with their period in office as a Member, the Clerk of the relevant House of the Parliament must provide the former Member—
(a)reasonable notice of the proposed determination; and
(b)a reasonable opportunity to make submissions in relation to the proposed determination.
(12)A former Member may within 28 days of being advised by the Clerk of the relevant House of the Parliament of the determination made by the Clerk of the relevant House of the Parliament under subsection (8) appeal in the prescribed form to the Compliance Officer against the determination.
(13)The Compliance Officer must provide the former Member who has appealed and the Clerk of the relevant House of the Parliament who made the determination a reasonable opportunity to make submissions in relation to the appeal.
(14)The Compliance Officer may request the former Member who has appealed or the Clerk of the relevant House of the Parliament who made the determination to provide further information in relation to the appeal.
(15)If the former Member does not comply with a request under subsection (14), the Compliance Officer may reject the appeal and notify the former Member accordingly.
(16)The Compliance Officer must consider any submissions under subsection (13) and any further information under subsection (14) before determining the appeal.
(17)If the Compliance Officer determines to uphold the appeal, the Compliance Officer must notify the former Member and the Clerk of the relevant House of the Parliament.
(18)If the Clerk of the relevant House of the Parliament is notified under subsection (17) that the Compliance Officer has upheld the appeal, the former Member retains the separation payment.
(19)If the Compliance Officer determines to reject the appeal, the Compliance Officer must notify the former Member and the Clerk of the relevant House of the Parliament.
(20)If the Compliance Officer determines to reject the appeal, the separation payment made to the former Member becomes a debt due to the State and may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.
(20A)If the Compliance Officer considers that a statement of findings and any required actions should be published in a particular case, the Compliance Officer may at any time cause the statement to be transmitted to each House of the Parliament.
(20B)The Clerk of each House of the Parliament must cause a statement of findings and any required actions transmitted under subsection (20A) to be laid before the House on the day on which it is received or on the next sitting day of that House of the Parliament.
(20C)If the Compliance Officer proposes to transmit a statement of findings and any required actions under subsection (20A), the Compliance Officer must publish the statement on the Tribunal's Internet site as soon as practicable after giving it to the Clerks.
(21)A former Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation to this section.
(22)The Clerk of the relevant House of the Parliament must include the following in the annual report of the Parliament—
(a)the number of Members who received a separation payment;
(b)the number of determinations made under subsection (8);
(c)the number of former Members who have not complied with a request under subsection (9).
(23)In this section—
corrupt conduct has the meaning given in section 4 of the Independent Broad‑based Anti-corruption Commission Act 2011;
general election includes—
(a)a supplementary election held as a result of a failed election at a general election; or
(b)a re-election held as a result of a tied election at a general election;
significant and wilful breach means a significant and wilful breach of the Code of Conduct under the Members of Parliament (Standards) Act 1978.
7EASeparation payment—finding of serious parliamentary misconduct, improper conduct or detrimental action
(1)The Parliamentary Workplace Standards and Integrity Commission may determine that a person is not entitled to a separation payment under section 7E if the Commission makes a finding under the Parliamentary Workplace Standards and Integrity Act 2024 that the person—
(a)has engaged in serious parliamentary misconduct; or
(b)has engaged, is engaging or proposes to engage in improper conduct; or
(c)has taken, is taking or proposes to take detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012.
(2)A determination under subsection (1) must be made by written notice to the person who is the subject of the determination.
(3)The Parliamentary Workplace Standards and Integrity Commission must provide a copy of a determination under subsection (1) to the Clerk of the relevant House of the Parliament.
(4)A person who is the subject of a determination under subsection (1) is not entitled to appeal to the Compliance Officer against the determination.
(5)A separation payment made to a person who is the subject of a determination under subsection (1)—
(a)becomes a debt due to the State; and
(b)may be recovered by the Clerk of the relevant House of the Parliament as a debt due to the State in a court of competent jurisdiction.
(6)In this section—
improper conduct has the same meaning as in the Public Interest Disclosures Act 2012;
Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;
serious parliamentary misconduct has the same meaning as in the Parliamentary Workplace Standards and Integrity Act 2024.
Division 3—The Budget
7FThe Budget
(1)A Member is to be provided with an Electorate Office and Communications Budget.
(2)The Budget is available to a Member to—
(a)fund the operating costs and maintenance of their electorate office; and
(b)communicate with their electorate in relation to the performance of their public duties.
(3)The Budget is to be funded in the annual Appropriation (Parliament) Act.
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* * * * *
9Application of Consolidated Fund
(1)All moneys payable by way of salary or allowance under this Part (including the amount of any non‑salary benefits and any amount salary sacrificed under Part 4 but excluding the Budget) shall be paid out of the Consolidated Fund which is hereby appropriated accordingly.
(2)All moneys payable under this Part which are not claimed within three months after they might lawfully be claimed shall revert to the Consolidated Fund.
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Division 4—Monitoring, compliance and enforcement provisions relating to work-related parliamentary allowances and the Budget
9AValue for money
A Member must provide value for money in using their work-related parliamentary allowances and Budget by ensuring that the costs incurred are reasonable and proportionate to the costs of performing their public duties.
9BDominant purpose test
(1)A Member must not claim or use a work‑related parliamentary allowance or their Budget unless it is claimed for the dominant purpose of performing their public duties.
(2)A Member can only claim or use a work‑related parliamentary allowance or their Budget for the travel expenses of another individual if that individual's travel is essential to support and execute the Member's public duties.
9CMember must not make claims or use or incur expenses in breach of Tribunal Guidelines or terms or conditions
(1)A Member must claim or use work-related parliamentary allowances and the Budget provided to them responsibly and only for legitimate purposes in connection with their public duties.
(2)The relevant Officer may impose terms and conditions in respect of the provision, claim and use of work-related parliamentary allowances and the Budget in addition to any prescribed terms and conditions.
(3)A Member must be aware of, and comply with, the Tribunal Guidelines and the terms and conditions that apply to the provision, claim and use of the work‑related parliamentary allowances and the Budget.
(4)A Member must not make a claim for, or use, a work-related parliamentary allowance or the Budget if that claim or use would be in breach of the Tribunal Guidelines or a term or condition to which the work-related parliamentary allowance or the Budget is subject.
(5)Any term or condition imposed by a relevant Officer under subsection (2) must not be inconsistent with any regulation made under section 9K.
(6)If any term or condition imposed by a relevant Officer under subsection (2) is inconsistent with any regulation under section 9K in effect before or after the imposing of the term or condition, the regulation prevails to the extent of the inconsistency.
(7)Any term or condition imposed by a relevant Officer under subsection (2) must not be inconsistent with any Tribunal Guidelines.
(8)If any term or condition imposed by a relevant Officer under subsection (2) is inconsistent with any Tribunal Guidelines in effect before or after the imposing of the term or condition, the Tribunal Guidelines prevail to the extent of the inconsistency.
9DTravel allowance to be claimed as a reimbursement
A Member may only claim a travel allowance by making a claim for the reimbursement of costs incurred in relation to the use of the travel allowance.
9EClaim for work-related parliamentary allowance or under the Budget
(1)A claim for a work-related parliamentary allowance or under the Budget must—
(a)be lodged with the relevant Officer; and
(b)include a certificate given by the Member that the claim complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and
(c)if the claim when added to any previous claims made in respect of travel allowances in a calendar year exceeds 68 nights in that calendar year, include an explanation by the Member.
(2)A claim for a work-related parliamentary allowance or under the Budget must be accompanied by—
(a)the prescribed supporting documentation; and
(b)if the claim when added to any previous claims made in respect of travel allowances in a calendar year exceeds 68 nights in that calendar year, any additional prescribed documentation.
9FRelevant Officer may request further information
(1)The relevant Officer may request a Member by notice in writing to provide further information—
(a)in support of the claim for a work‑related parliamentary allowance or under the Budget; or
(b)about the claim for, or conduct in relation to, a work-related parliamentary allowance or under the Budget—
which the relevant Officer considers is reasonably necessary to determine the claim for a work-related parliamentary allowance or under the Budget.
(2)If a Member does not comply with a request under subsection (1), the relevant Officer may determine that they are not satisfied that the claim for, or conduct in relation to, a work-related parliamentary allowance or the Budget made by the Member complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines.
9GRelevant Officer must make determination
(1)The relevant Officer must determine whether—
(a)the claim for a work-related parliamentary allowance or under the Budget; and
(b)the conduct in relation to the work‑related parliamentary allowance or the Budget—
complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines.
(2)If the relevant Officer determines that—
(a)the claim for a work-related parliamentary allowance or under the Budget; and
(b)the conduct in relation to the work‑related parliamentary allowance or the Budget—
complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must pay the Member the value of the claim for the work-related parliamentary allowance or under the Budget that complies in whole or in part.
(3)If the relevant Officer proposes to determine that they are not satisfied that—
(a)the claim for a work-related parliamentary allowance or under the Budget; or
(b)the conduct relating to the work-related parliamentary allowance or the Budget—
complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must provide the Member who made the claim for the work-related parliamentary allowance or under the Budget—
(c)reasonable notice of the proposed determination; and
(d)a reasonable opportunity to make submissions in relation to the proposed determination.
(4)If the relevant Officer is satisfied after considering a submission under subsection (3) that—
(a)the claim for a work-related parliamentary allowance or under the Budget; and
(b)the conduct in relation to the work‑related parliamentary allowance or the Budget—
complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must pay the Member the value of the claim for the work-related parliamentary allowance or under the Budgetthat complies in whole or in part.
(5)If the relevant Officer is not satisfied after considering all the submissions made under subsection (3) that—
(a)the claim for a work-related parliamentary allowance or under the Budget; and
(b)the conduct in relation to the work‑related parliamentary allowance or the Budget—
complies in whole or in part with this Act and the regulations and any other prescribed document and the Tribunal Guidelines, the relevant Officer must—
(c)reject the claim for the work-related parliamentary allowance or under the Budget; and
(d)advise the Member that the claim for the work-related parliamentary allowance or under the Budget has been rejected.
(6)Subsection (7) applies if—
(a)the relevant Officer has determined that they are not satisfied that the claim or part of the claim for a work-related parliamentary allowance or under the Budget or the conduct in relation to the claim for the work‑related parliamentary allowance or under the Budget complies with this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and
(b)the Member has already received a payment in respect of the claim or part of the claim for the work-related parliamentary allowance or under the Budget.
(7)If this subsection applies, the Member must within 28 days of being advised by the relevant Officer, or if the Member has lodged an appeal and is advised by the Compliance Officer that the appeal has been rejected, within 28 days of being advised by the Compliance Officer—
(a)repay the amount of the claim or part of the claim for the work-related parliamentary allowance or under the Budget received in breach of this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and
(b)pay a penalty that is equal to 25 per cent of the amount specified in paragraph (a).
(8)If the Member does not repay the amount under subsection (7), the relevant Officer may—
(a)deduct that amount from any salary or allowance or Budget payable to the Member; or
(b)recover the amount as a debt due to the State in a court of competent jurisdiction.
(9)A Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation
to this section.
9HMember may appeal
(1)This section applies if a Member is aggrieved by a determination of the relevant Officer under section 9G.
(2)A Member may within 28 days of being advised by the relevant Officer of the determination made by the relevant Officer under section 9G appeal in the prescribed form to the Compliance Officer against the determination.
(3)The Compliance Officer must provide the Member who has appealed and the relevant Officer who made the determination a reasonable opportunity to make submissions in relation to the appeal.
(4)The Compliance Officer may request the Member who has appealed or the relevant Officer who made the determination to provide further information in relation to the appeal.
(5)If the Member does not comply with a request under subsection (4), the Compliance Officer may reject the appeal and notify the Member accordingly.
(6)The Compliance Officer must consider any submissions under subsection (3) and any further information under subsection (4) before determining the appeal.
(7)If the Compliance Officer determines to uphold the appeal, the Compliance Officer must notify the Member and the relevant Officer.
(8)If the relevant Officer is notified under subsection (7) that the Compliance Officer has upheld the appeal, the relevant Officer must accept the claim and make the payment of the claim for the work‑related parliamentary allowance or under the Budget.
(9)If the Compliance Officer determines to reject the appeal, the Compliance Officer must notify the Member and relevant Officer.
(9A)If the Compliance Officer considers that a statement of findings and any required actions should be published in a particular case, the Compliance Officer may at any time cause the statement to be transmitted to each House of the Parliament.
(9B)The Clerk of each House of the Parliament must cause a statement of findings and any required actions transmitted under subsection (9A) to be laid before the House on the day on which it is received or on the next sitting day of that House of the Parliament.
(9C)If the Compliance Officer proposes to transmit a statement of findings and any required actions under subsection (9A), the Compliance Officer must publish the statement on the Tribunal's Internet site as soon as practicable after giving it to the Clerks.
(10)The Member must within 28 days of being notified under subsection (9) that the appeal has been rejected—
(a)repay the amount of the claim for the work-related parliamentary allowance or under the Budget received in breach of this Act and the regulations and any other prescribed document and the Tribunal Guidelines; and
(b)pay a penalty that is equal to 25 per cent of the amount specified in paragraph (a).
(11)If the Member does not repay the amount under subsection (10), the relevant Officer may—
(a)deduct that amount from any salary or allowance or Budget payable to the Member; or
(b)recover the amount as a debt due
to the State in a court of competent jurisdiction.
(12)A Member is not entitled to the reimbursement of any legal costs incurred by the Member in relation to this section.
9IPrescribed details to be published
The relevant Officer must publish the prescribed details in respect of claims for work-related parliamentary allowances or under the Budget and expense allowances (if any) and electorate allowances and the motor vehicle allowance (if claimed) made to the relevant Officer during each period of 3 months ending 31 March, 30 June, 30 September and 31 December as soon as practicable after the end of each period.
9JInformation to be included in annual report
The relevant Officer must include in the annual report of the Parliament the prescribed details in respect of—
(a)claims and determinations in respect of work-related parliamentary allowances or under the Budget and expense allowances (if any) and electorate allowances and the motor vehicle allowance (if claimed) lodged with the relevant Officer by Members during the year; and
(b)Members who have submitted claims for a travel allowance exceeding 68 nights for that year and the documentation provided in support; and
(c)Members who have not complied with a request made by the relevant Officer under section 9F during the year; and
(d)any other prescribed matter.
Division 5—Regulations and guidelines
9KRegulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by Part 1 and this Part to be prescribed or necessary to be prescribed to give effect to Part 1 and this Part.
(2)Without limiting the generality of subsection (1), the Governor in Council may make regulations for or with respect to—
(a)prescribing a parliamentary office to be a prescribed parliamentary office for the purposes of paragraph (zb) of the definition of specified parliamentary office in section 3;
(b)prescribing allowances payable under this Part;
(c)the terms and conditions which are to apply to the provision and use of work-related parliamentary allowances and the Budget;
(d)the provision of any article, equipment or service to Members;
(e)the terms and conditions which are to apply to the provision and use of the article, equipment or service;
(f)the calculation and imposition of any contribution which the Member is required to make from the salary of the Member towards the cost of providing the article, equipment or service.
(3)Without limiting the generality of subsection (1), the Governor in Council may make regulations for or with respect to—
(a)the provision of motor vehicles to Members;
(b)the terms and conditions which are to apply to the provision and use of that motor vehicle.
(4)The Minister must not submit for making any regulations proposed to be made under subsection (2)(a) unless the Minister has obtained the approval of the Presiding Officers.
(5)For the purposes of this section and any regulations made under subsection (3), motor vehicle includes any related equipment or services.
(6)The regulations may—
(a)leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or specified class of persons;
(b)confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;
(c)apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the regulations are made.
(7)Any regulations made under this section must not be inconsistent with a Determination.
(8)If a regulation made under this section is inconsistent with a Determination in effect before or after the making of the regulation, the Determination prevails to the extent of the inconsistency.
(9)Any regulations made under this section must not be inconsistent with any Tribunal Guidelines.
(10)If a regulation made under this section is inconsistent with any Tribunal Guidelines in effect before or after the making of the regulation, the Tribunal Guidelines prevail to the extent of the inconsistency.
(11)Regulations made under this section may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23(2) of the Subordinate Legislation Act 1994, which disallowance is deemed disallowance by Parliament for the purposes of that Act.
9LMinister may make guidelines
(1)The Minister may, in relation to regulations made under section 9K(3), make guidelines containing policies and procedures for or with respect to the provision of motor vehicles to Members.
(2)A Member must comply with any guidelines made under this section.
Division 6—Transitional provisions
9MPurpose of this Division
The purpose of this Division is to provide transitional arrangements which are to apply until the relevant Determinations are made.
9NApplication of Act
(1)Despite the repeal of sections 8 and 8A by section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, any regulations made under section 8 or 8A and in force immediately before the commencement of section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 continue in force as if made under section 9K—
(a)until the regulations are repealed by regulations made in substitution for those regulations under section 9K; or
(b)except to the extent that they are inconsistent with any Determination made after that commencement.
(2)Despite the repeal of section 8B by section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, any guidelines made under section 8B and in force immediately before the commencement of section 57(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 continue in force as if made under section 9L—
(a)until the guidelines are revoked by guidelines made in substitution for those guidelines under section 9L; or
(b)except to the extent that they are inconsistent with any Determination made after that commencement.
Division 7—Review
9OMinister to conduct review
The Minister must—
(a)cause a review to be made of the first 10 years of operation of this Part from the date on which all the amendments made to this Part by the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 have commenced; and
(b)cause a copy of a report of the review to be laid before each House of Parliament on or before the end of the period of 12 months after the day on which the review is completed.
PART 3—THE SCHEME
Division 1—Preliminary
10Definitions
(1)In this Part unless inconsistent with the context or subject-matter—
additional salary means the amount of additional salary calculated in accordance with the Table in subsection (6);
adult child has the same meaning as in section 10A;
basic salary means in relation to any period before 30 March 1975 the annual salary payable to a member of the Parliament of Victoria under Part I or any corresponding previous enactment to a person holding the office specified as "any other member of the Council or the Assembly" and in relation to any period commencing on or after that day but before the first Determination is made under section 17 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 means basic salary as defined in section 3, and in relation to any period commencing on or after the first Determination is made, means the basic salary portion indexed annually in respect of each relevant financial year—
(a)by the annual indexation of the basic salary portion as set out under section 17(5)(c) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019; or
(b)by the annual increase in the All Groups Consumer Price Index number for Melbourne; or
(c)by the annual increase in full-time adult average weekly ordinary time earnings of employees in Victoria in original terms as published by the Australian Bureau of Statistics—
whichever results in the greater value;;
basic salary portion means the basic salary portion set under section 17(5)(b) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;
Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
child in relation to a former member who is deceased means a child of himself or herself or of his or her partner other than any child born more than 10 months after his or her death who is—
(a)under 18 years of age; or
(b)between the age of 18 and 25 years and in the opinion of the Board is a full-time student;
complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;
domestic partner of a person means—
(a)a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b)a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
election means an election for the Council or the Assembly;
* * * * *
net earning rate means in respect of any particular period, and for any particular purpose, the rate of earnings (which may be positive or negative) as determined by the Board in respect of the Scheme for that period and that purpose and having regard to—
(a)the income derived from the investment of the Scheme; and
(b)any realised or unrealised gains or losses in respect of any investments of the Scheme; and
(c)any tax; and
(d)any other relevant expenses of the Scheme; and
(e)any relevant specified standards; and
(f)any other matters the Board considers relevant;
* * * * *
partner of a person means the person's spouse or domestic partner;
Scheme means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;
* * * * *
specified standards means standards specified under section 24C;
spouseof a person means a person to whom the person is, or was at the time of the person's death, married;
surchargeable contributions means the surchargeable contributions of a member for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;
surcharge debt account means, in relation to a person who is or has been a member, the surcharge debt account kept for that person (while he or she was a member) under section 24D;
surcharge deduction amount means, in relation to a person—
(a)who is or has been a member; and
(b)to or in respect of whom benefits become payable under this Act—
the surcharge deduction amount that is specified in a determination made by the Board under section 24D in relation to the person;
* * * * *
(1A)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
(2)This Part shall apply to and in relation to any person who becomes a member on or after the commencement of this Part and to and in relation to the partner and children and adult children of any such person.
(3)For the purposes of this Part a member shall be deemed not to have ceased to be a member by reason only of retirement by effluxion of time or the dissolution of the Council or (as the case may be) retirement by effluxion of time or the dissolution of the Assembly.
(4)For the purposes of this Part, the basic salary shall be deemed not to have been altered by a determination of the Remuneration Tribunal established under the Remuneration and Allowances Tribunals Act 1973 of the Commonwealth as amended from time to time until the period specified in that Act for either House of the Parliament of the Commonwealth to disapprove of the determination has elapsed, but where that period has elapsed and the determination has not been disapproved of by either House of the Parliament the basic salary shall for the purposes of this Part be calculated from the date on which the determination of the Remuneration Tribunal takes effect.
(5)The definition of partner as substituted by section 17(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this Act on or after the commencement of the substituting section.
(6)For the purposes of the definition of additional salary, additional salary means the highest additional salary amount specified in the Table in respect of the offices held by the Member.
Table
OfficeAdditional Salary % per annum of basic salary Premier 100 Deputy Premier 85 Any other responsible Minister of the Crown 75 Leader of the Opposition 75 President 65 Speaker 65 Deputy President 20 Deputy Speaker 20 Deputy Leader of the Opposition in the Assembly 32 Leader of the Opposition in the Council 32 Leader of the Third Party (unless the Leader of the Third Party is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) 32 Cabinet Secretary 32 Parliamentary Secretary to the Premier 20 Chairperson of the Public Accounts and Estimates Committee 20 Government Whip in the Assembly 18 Deputy Leader of the Opposition in the Council 18 Deputy Leader of the Third Party (unless the Deputy Leader of the Third Party is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) 18 Parliamentary Secretaries 15 Chairperson of the Scrutiny of Acts and Regulations Committee 15 Chairperson of the Integrity and Oversight Committee 15
Government Whip in the Council
11 Opposition Whip in the Assembly 11 Opposition Whip in the Council 11 Whip of the Third Party in the Assembly 11 Whip of the Third Party in the Council 11 Deputy Government Whip in the Assembly 10 Chairperson of a standing committee appointed under standing orders of the Assembly or the Council 10 Chairperson of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 which is not otherwise provided for in this Table 10 Chairperson of joint select committee where resolution establishing committee so provides that chairperson is entitled 5 Deputy chairperson of the Public Accounts and Estimates Committee 4 Deputy chairperson of the Scrutiny of Acts and Regulations Committee 4 Deputy chairperson of the Integrity and Oversight Committee 4 Secretary of the Party forming the Government 4 Secretary of the Opposition Party 4 Secretary of the Third Party 4
10ARegistration of names of adult children
(1)For the purposes of this Part, a member or former member may register with the Board the name of a child (an adult child) of himself or herself or of his or her partner who—
(a)has attained the age of 18 years; and
(b)is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and
(c)wholly or partially relies on the member or former member for financial support.
(2)A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child—
(a)on the death of the member or former member; or
(b)if the person is a child of the member or former member, on the expiration of his or her child pension.
(3)In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.
(4)A determination under this section may be subject to regular reviews by the Board.
10BPayment of children's and adult children's allowances
(1)An allowance under Division 2 or benefit under Division 3 in respect of a child is payable until—
(a)he or she attains the age of 18 years; or
(b)in the case of a student, he or she attains the age of 25 years or the Board ceases to be satisfied that he or she is a full-time student; or
(c)he or she dies—
whichever is the earlier.
(2)An allowance under Division 2 or benefit under Division 3 in respect of an adult child is payable until—
(a)the Board ceases to be satisfied that he or she is an adult child; or
(b)he or she dies—
whichever is the earlier.
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
* * * * *
14Deduction from salaries of members
(1)From each instalment of salary paid to a person pursuant to Part I during the first 20×5 years of service as a member there shall be deducted from the amount of that instalment the amount equal to 11½ per cent of an instalment of the aggregate of basic salary and additional salary before any deductions.
(2)After the first 20×5 years of service as a member, from each instalment of salary paid to a person pursuant to Part I who is an office holder specified in the Table in section 10(6) there is to be deducted from the amount of that instalment the amount equal to 11×5 per cent of that part of the instalment that is additional salary.
Division 2—Existing benefits scheme
14AApplication of Division
(1)This Division does not apply to, or in respect of, a member to whom Division 3 of this Part or Part 4 applies.
(2)If this Division applies to, or in respect of, a member immediately before the commencement of section 3 of the Parliamentary Superannuation Legislation (Reform) Act 2004, the entitlements of that member are to be determined in accordance with this Division if—
(a)subject to paragraph (b), the person continues to be a member and after ceasing to be member does not subsequently become a member to whom Part 4 applies; or
(b)the person ceases to be a member as a result of resigning as a member of a House of the Parliament and is elected as a member of the other House of the Parliament within 3 months after the resignation.
15Members' superannuation benefit
(1)In this section—
"FS",in relation to a person, means TS less PS;
"PS",in relation to a person, means the aggregate period, calculated in years and completed months as at 1 December 1993 or the date of ceasing to be a member, whichever is the earlier, of service as a member, or 20×5 years, whichever is the lesser;
"TS",in relation to a person, means the aggregate period, calculated in years and completed months as at the date of ceasing to be a member, of service as a member, or 20×5 years, whichever is the lesser.
(1A)If, when a person ceases to be a member—
(a)TS, in relation to that person is 15 years or more; or
(aa)TS, in relation to the person is 12 years or more and the person ceases to be a member as the result of a resignation or retirement which does not require or cause the holding of a by-election otherwise than on the day of a general election; or
(b)TS, in relation to the person is 8 years or more and the person ceases to be a member as a result of defeat at an election or as the result of resignation for, or of not seeking re‑election owing to, good and sufficient reasons which satisfy the trustees; or
(c)TS, in relation to the person is 6 years or more and the member has served in not less than 3 Parliaments, is of or over the age of 60 and ceases to be a member as a result of not seeking re-election at a general election—
the person is entitled to be paid out of the Scheme an annual pension at the rate ascertained in accordance with the formula A R basic salary from time to time.
(1B)For the purposes of subsection (1A)—
"R"is—
(a)in the case of a person who became a member on or after 1 December 1993, B1/C1; and
(b)in the case of a person who became a member before that date, B1/C1 as at the date of ceasing to be a member or the value of B/C as at 1 December 1993, whichever is the greater provided that in no case shall the value of R be greater than the value of B/C at the date of the person's retirement—
and—
"B"is the total salary received by the person pursuant to Part I or any corresponding previous enactment;
"C"is the total basic salary in respect of the period of service of the person in the Parliament;
"B1"is the total salary the person would have received pursuant to Part I or any corresponding previous enactment if the person had received the salary at current rates;
"C1"is the total salary the person would have received pursuant to Part I or any corresponding previous enactment if the person had always been paid the basic salary current as at the date of ceasing to be a member.
(1C)For the purposes of subsection (1A), if TS is 8 or more years—
(a)if PS in relation to the person is 20×5 years, A is 0×75;
(b)if PS in relation to the person is 8 or more but less than 20×5 years, A is 0×5 + (0×02 (PS-8)) + 0×017 FS;
(c)if PS in relation to the person is less than 8 years, A is 0×0625 PS + (0×045 (8‑PS)) + 0×017 (TS-8).
(1D)For the purposes of subsection (1A), if TS is less than 8 years, A is 0×5 PS/TS + 0×36 FS/TS.
(2)Subject to this Part a person who ceases to be a member as the result of defeat at an election or as the result of resignation or of not seeking re‑election and who is not entitled to a pension under this Part shall be entitled to have refunded to him—
(a)the amounts deducted under this Act or any corresponding previous enactment from salary paid to him; and
(b)any amount actually paid by him to the Fund under section 19 as in force before the commencement of section 105 of the Public Sector Superannuation (Administration) Act 1993—
less any amount previously refunded to him under this subsection or under any corresponding previous enactment.
(3)Subject to this Part where a member dies while serving as a member and that member is not survived by a partner or children or adult children the personal representative of that member shall be entitled to have refunded to him—
(a)the amounts deducted under this Act or any corresponding previous enactment from the salary paid to the member; and
(b)any amount actually paid by the member to the Fund under section 19 as in force before the commencement of section 105 of the Public Sector Superannuation (Administration) Act 1993—
less any amount previously refunded to the member under subsection (2) or under any corresponding previous enactment.
(3A)Where a person or a personal representative is entitled to a payment under subsection (2) or subsection (3) that person or personal representative shall be entitled in addition to the refund under the applicable subsection, to an amount equal to two and one-third times the amount that the person contributed before 1 December 1993 and is entitled to have refunded under subsection (2) or (3), together with an amount equal to one and two-thirds times the amount that the person contributed on or after that date and is so entitled to have refunded but if the person was entitled to a refund under subsection (2) by reason of ceasing to be a member otherwise than as the result of defeat at an election or as the result of resignation for or of not seeking re-election owing to good and sufficient reasons which satisfied the trustees, his additional entitlement under this subsection shall be one-half of the amount that he would have otherwise been entitled to.
(4)Where any refund of contributions or retiring allowance is or was made before 1 December 1993 under subsection (2) or any corresponding previous enactment to a member, and where that member or his partner becomes entitled to a pension under subsection (1) or under section 17 the payment of the pension or other benefit under this Act shall, unless the amount of that refund of contributions or retiring allowance is or has been paid into the Fund or into the Fund constituted under a corresponding previous enactment, be suspended until such time as the aggregate of the pension which would have been payable apart from this subsection would, if so paid, equal the amount of the refund of contributions or retiring allowance received by that member.
16Right to convert part of entitlement to lump sum entitlement
(1)Notwithstanding anything in this Part a former member who is entitled to a pension under section 15 or subsection (4) of section 21 may within the period of three months after ceasing to be a member, elect by notice in writing served on the secretary to convert all or part of his pension entitlement to a lump sum payment determined in accordance with subsection (2).
(2)A lump sum payment under subsection (1) shall be—
(a)if the former member was under the age of 66 years at the time that he ceased to be a member, an amount equal to the annual pension entitlement in respect of which the election was made multiplied by ten; or
(b)if the former member was of or over the age of 66 at the time that he ceased to be a member, an amount equal to the annual pension entitlement in respect of which the election was made multiplied by the number derived from deducting from ten the number of whole months by which the age of the member exceeded 65 years at the time he ceased to be a member multiplied by one-twenty-fourth.
(2A)Notwithstanding subsection (2)(b), subsection (2)(a) shall apply—
(a)to a former member of the Assembly who ceased to be a member of the Assembly at or prior to the next general election of the Assembly held after he attained the age of 66 years and whose resignation or retirement does not require or cause the holding of a by‑election otherwise than on the day of such general election; and
(b)to a former member of the Council who ceases to be a member at or prior to the next election for half the Council held after he attained the age of 66 years whose resignation or retirement does not require or cause the holding of a by-election otherwise than on the day for such election of half the Council.
(3)A former member who makes an election under subsection (1) shall be entitled to receive a lump sum payment calculated under subsection (2) and from the date of payment of that lump sum the annual pension payable to that former member shall be such proportion of the annual pension for the time being payable to that former member under section 15 as the amount of the annual pension that was payable to the former member immediately before the election was made less the amount of the annual pension in respect of which the election was made bears to the amount of the annual pension that was payable to the former member immediately before the election was made.
(4)The provisions of this section do not apply to a person who is entitled to a pension under section 17.
* * * * *
* * * * *
17Pension on retirement on grounds of ill health
(1)A person who becomes a member after the commencement of this Act may furnish to the Board a certificate of a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) who has been approved by the Board certifying that the member is not likely by reason of ill health to be rendered incapable, before the expiration of a period of fifteen years from the date of the certificate, of performing the duties of a member.
(2)Where a member who has furnished a certificate pursuant to subsection (1) or where a person who was a member at the commencement of this Act satisfies the Board that he has ceased to be a member because he has been rendered incapable of being a member by reason of ill health he shall, subject to subsection (3), be entitled to a pension calculated under section 15 if he ceases to be a member before the expiration of a period of fifteen years and if he ceases to be a member before the expiration of a period of eight years he shall for the purpose of that calculation be deemed to have served for eight years.
(3)A person who applies to the Board under this section shall provide the Board with such medical reports and other evidence as the Board may require.
(4)Subsection (1) shall apply in relation to a person who has served as a member in a previous Parliament or Parliaments as if the reference to the period of fifteen years in that subsection was a reference to a period equal to the difference between fifteen years and the aggregate period served as a member of previous Parliaments by the person furnishing the certificate.
18Entitlements on death of member
(1A)In this section—
minimum partner pension means whichever is the greater of—
(a)0×4 the basic salary as at 1 December 1993; and
(b)(0×4 PS/TS + 0×3 FS/TS) the basic salary from time to time—
where TS, PS and FS have the same meanings as in section 15 and are calculated at the date of the death of the person or of the person's ceasing to be a member, whichever first occurs.
(1)On the death of a former member who was receiving a pension under this Part the partner of that former member shall until his death be entitled to an annual pension at the rate of—
(a)two-thirds of the pension that would be payable from time to time to the former member but for his death or if the former member had pursuant to section 16 converted the whole or a part of his pension entitlement to a lump sum payment, two-thirds of the pension that would be payable to the former member but for his death if he had not so converted the whole or a part of his pension; or
(b)the minimum partner pension—
whichever is the greater at the date of the death of that first-mentioned person.
(4)A notice of variation to change the chosen fund must—
(a)specify the name of, and contact details for, the new chosen fund;
(b)be accompanied by evidence that the new chosen fund will—
(i)accept contributions under this Part; and
(ii)comply with any requirements which are prescribed for the purposes of section 35.
(5)Subject to any later variations, if the notice of variation complies with this section, it varies the choice notice accordingly with effect from the variation date.
38Revocation of a choice notice
(1)The member may revoke a choice notice he or she has given by a notice in writing—
(a)signed by the member; and
(b)given to the administering authority.
(2)The notice of revocation must specify a date from which the revocation is to take effect, being the date on which the notice of revocation is given or a later date.
(3)If the notice of revocation complies with this section, the revocation takes effect on the specified date.
39Obligation to notify person of right to choose a fund
(1)Within 28 days after the member becomes a person who, under section 33, can choose a fund as described in section 34, the administering authority must cause the member to be given a written notice containing the following information—
(a)a statement that the member may choose as the fund to which contributions in respect of the member will be paid under this Part—
(i)a complying superannuation fund; or
(ii)an RSA;
Note
Complying superannuation funds include any self-managed funds which are complying superannuation funds.
(b)a statement to the effect that if the member does not choose a fund, the contributions will be paid to the fund or scheme that is, from time to time, the default fund;
(c)such other information (if any) as is prescribed for the purposes of this section.
(2)For the purposes of subsection (1), a person becomes a person who, under section 33, can choose a fund as described in section 34, on whichever of the following days applies—
(a)unless paragraph (b) applies, the first day of the relevant new scheme contribution period of the person; or
(b)if the day on which the person is declared to have been elected under section 121 of the Electoral Act 2002 is later than the day applicable under paragraph (a), that later day.
Division 4—The default fund
40Declaration of the default fund
(1)The Minister may by notice published in the Government Gazette declare that a fund or scheme is the default fund for the purposes of this Part.
(2)Before making a declaration under subsection (1), the Minister must consult with the Speaker and the President.
(3)At the time the declaration is made, the fund or scheme must be a complying superannuation fund other than a self managed superannuation fund.
(4)A declaration made under subsection (1) must specify the date of effect of the declaration which may be the day on which the notice is published or an earlier or later day.
(5)The Minister must make a declaration under subsection (1) as soon as practicable after the commencement section 7 of the Parliamentary Superannuation Legislation (Reform) Act 2004.
(6)The Minister must ensure that there is only one default fund at any one time.
(7)The Minister may by notice published in the Government Gazette revoke a declaration made under subsection (1) at any time.
(8)A revocation made under subsection (7) must specify the date of effect of the revocation which may be the day on which the notice is published or an earlier or later day.
(9)If the Minister revokes a declaration made under subsection (1), the Minister must make another declaration under subsection (1) which takes effect immediately after the revocation takes effect.
Division 5—Miscellaneous
41Salary sacrifice
(1)A member may by notice in writing elect to make member contributions by way of salary sacrifice.
(2)An election under subsection (1) can only be made in respect of a member's future parliamentary salary.
(3)The notice under subsection (1) must—
(a)specify an amount of his or her parliamentary salary, which must not exceed 50% of that salary, which is to be used to make member contributions;
(b)be accompanied by evidence that the chosen fund or default fund will—
(i)accept contributions under this section; and
(ii)comply with any requirements which are prescribed for the purposes of this section.
(4)The administrator of the chosen fund or default fund may reject a request under this section if the administrator considers that the fund will not be able to comply with any requirements which are prescribed for the purposes of this section.
(5)The notice under subsection (1) must be given to the administering authority.
(6)The member may vary a notice he or she has given under subsection (1) by notice in writing and given to the administering authority.
(7)The notice of variation must specify a date from which the variation is to take effect, being the date on which the notice is given or a later date.
(8)The member may revoke a notice he or she has given under subsection (1) by notice in writing given to the administering authority.
(9)The notice of revocation must specify a date from which the revocation is to take effect, being the date on which the notice of revocation is given or a later date.
(10)An election under this section does not affect the entitlement of a member to make additional superannuation contributions from his or her post tax salary.
(11)An election made by a member under this section as in force before the commencement of section 16 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 is deemed to have and always to have had full effect according to its tenor as if it had been made under this section as amended by that section 16.
42Appropriation
The money required for the purposes of paying contributions under section 31 is to be paid out of the Consolidated Fund which is by virtue of this section appropriated to the necessary extent.
43Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.
PART 5—GENERAL
44Construction provision
(1)Any reference to the Parliamentary Salaries and Superannuation Act 1968 in any Act, subordinate instrument, agreement or other document, so far as it relates to any period after the commencement of section 48 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, is to be construed as a reference to the Parliamentary Salaries, Allowances and Superannuation Act 1968, unless the contrary intention appears.
(2)Any reference to member or members in this Act or the regulations, so far as it relates to any period after the commencement of section 50(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, is to be construed as a reference to Member or Members, unless the contrary intention appears.
* * * * *
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Parliamentary Salaries and Superannuation Act 1968 was assented to on 26 November 1968 and came into operation on 1 December 1968: Government Gazette 27 November 1968 page 3854.
The title of this Act was changed from the Parliamentary Salaries and Superannuation Act 1968 to the Parliamentary Salaries, Allowances and Superannuation Act 1968 by section 48(1) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Parliamentary Salaries, Allowances and Superannuation Act 1968 by Acts and subordinate instruments.
——————————————————————————————————
Parliamentary Salaries and Superannuation (Administration) Act 1969, No. 7800/1969
Assent Date: 22.4.69 Commencement Date: 22.4.69 CurrentState: All of Act in operation
Superannuation (Amendment) Act 1970, No. 8047/1970
Assent Date: 15.12.70 Commencement Date: 15.12.70 CurrentState: All of Act in operation
Parliamentary Salaries Act 1970, No. 8086/1970
Assent Date: 22.12.70 Commencement Date: 27.12.70: Government Gazette 23.12.70 p. 3969 CurrentState: All of Act in operation
Parliamentary Superannuation Act 1971, No. 8118/1971
Assent Date: 4.5.71 Commencement Date: 4.5.71 CurrentState: All of Act in operation
Parliamentary Salaries and Allowances Act 1973, No. 8530/1973
Assent Date: 18.12.73 Commencement Date: 23.12.73: Government Gazette 19.12.73 p. 4040 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation (Amendment) Act 1975, No. 8663/1975
Assent Date: 18.3.75 Commencement Date: 30.3.75: Government Gazette 26.3.75 p. 646 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation Act 1975, No. 8687/1975
Assent Date: 2.5.75 Commencement Date: 2.5.75 CurrentState: All of Act in operation
Parliamentary Allowances Act 1976, No. 8877/1976
Assent Date: 28.9.76 Commencement Date: 20.10.76: Government Gazette 20.10.76 p. 3051 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation Act 1978, No. 9117/1978
Assent Date: 16.5.78 Commencement Date: 16.5.78 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation Act 1980, No. 9432/1980
Assent Date: 28.10.80 Commencement Date: S. 2 on 30.3.75; s. 3 on 12.8.80; ss 1, 4 on 28.10.80: s. 1(3) CurrentState: All of Act in operation
Parliamentary Superannuation Act 1982, No. 9753/1982
Assent Date: 13.7.82 Commencement Date: S. 4 on 30.6.82: s. 4(2); rest of Act on 13.7.82: s. 1(2) CurrentState: All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date: 5.1.83 Commencement Date: 5.1.83 CurrentState: All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) CurrentState: All of Act in operation
Borrowing and Investment Powers Act 1987, No. 13/1987
Assent Date: 12.5.87 Commencement Date: S. 24 on 14.10.87: Government Gazette 14.10.87: p. 2712 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
State Superannuation Act 1988, No. 50/1988 (as amended by No. 81/1988)
Assent Date: 24.5.88 Commencement Date: S. 93(2)(Sch. 2 Pt 2 item 43) on 1.7.88: Government Gazette 1.6.88 p. 1487 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Salaries and Superannuation (Amendment) Act 1992, No. 56/1992
Assent Date: 14.8.92 Commencement Date: 14.8.92 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation (Further Amendment) Act 1992, No. 65/1992
Assent Date: 17.11.92 Commencement Date: 17.11.92 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation (Basic Salary) Act 1993, No. 3/1993
Assent Date: 20.4.93 Commencement Date: 14.12.92: s. 2 CurrentState: All of Act in operation
Superannuation (Compliance) Act 1993, No. 54/1993
Assent Date: 8.6.93 Commencement Date: Ss 1, 2, 10, 13 on 8.6.93: s. 2(1); rest of Act (except s. 4(4)) on 1.7.92: s. 2(2); s. 4(4) on 1.7.93: s. 2(3) CurrentState: All of Act in operation
Public Sector Superannuation (Administration) Act 1993, No. 110/1993
Assent Date: 30.11.93 Commencement Date: Ss 101, 105 on 30.11.93: s. 2(1); ss 103, 104, 106, 107 on 1.12.93: s. 2(5); ss 102, 108 on 1.1.94: s. 2(6) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Medical Practice Act 1994, No. 23/1994
Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 CurrentState: All of Act in operation
Superannuation Acts (Amendment) Act 1994, No. 58/1994
Assent Date: 15.6.94 Commencement Date: S. 4 on 30.11.93: s. 2(2); ss 7, 8, 10 on 1.1.94: s. 2(3); rest of Act on 15.6.94: s. 2(1) CurrentState: All of Act in operation
Superannuation Acts (Further Amendment) Act 1994, No. 120/1994
Assent Date: 20.12.94 Commencement Date: Ss 33, 35 on 1.12.93: s. 2(4); ss 32, 34 on 31.12.93: s. 2(5); s. 36 on 20.12.94: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
Assent Date: 5.12.95 Commencement Date: S. 10(Sch. 1 items 4.1, 4.2) on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Amendment) Act 1996, No. 4/1996
Assent Date: 18.6.96 Commencement Date: Ss 64, 68–70 on 18.6.96: s. 2(1); ss 65–67, 71–75 on 30.6.96: s. 2(12) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996
Assent Date: 2.7.96 Commencement Date: Ss 28–30 on 2.7.96: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Public Sector Management and Parliamentary Officers (Amendment) Act 1996, No. 24/1996
Assent Date: 2.7.96 Commencement Date: S. 32 on 2.7.96: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Further Amendment) Act 1996, No. 82/1996 (as amended by No. 50/1997)
Assent Date: 23.12.96 Commencement Date: S. 42(2)–(7) on 18.6.96: s. 2(2); s. 42(1) on 1.7.96: s. 2(2A); s. 43 on 2.7.96: s. 2(3); s. 44 on 1.1.97: s. 2(4); s. 45 on 23.12.96: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997
Assent Date: 11.6.97 Commencement Date: S. 18(3) on 11.6.97: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 70) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Amendment) Act 1998, No. 84/1998
Assent Date: 17.11.98 Commencement Date: S. 32 on 17.11.98: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Further Amendment) Act 1999, No. 13/1999
Assent Date: 11.5.99 Commencement Date: S. 7 on 11.5.99: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Amendment) Act 2000, No. 29/2000
Assent Date: 30.5.00 Commencement Date: S. 9(1) on 14.12.99: s. 2(2); ss 10, 11 on 31.5.00: s. 2(1); s. 9(2) on 5.11.02: s. 2(3) (Special Gazette 5.11.02 p. 1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 96) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date: 12.6.01 Commencement Date: S. 5(Sch. 3 item 3) on 23.8.01: Government Gazette 23.8.01 p. 1927 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001
Assent Date: 7.11.01 Commencement Date: S. 5 on 23.8.01: s. 2(2) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Committees and Parliamentary Salaries and Superannuation Acts (Amendment) Act 2003, No. 3/2003
Assent Date: 15.4.03 Commencement Date: S. 10 on 16.4.03: s. 2 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Acts (Family Law) Act 2003, No. 70/2003
Assent Date: 14.10.03 Commencement Date: S. 11(1) on 30.6.96: s. 2(2); ss 10, 11(2)(3) on 15.10.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Committees Act 2003, No. 110/2003
Assent Date: 9.12.03 Commencement Date: S. 62 on 10.12.03: s. 2 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Salaries and Superannuation (Amendment) Act 2004, No. 55/2004
Assent Date: 21.9.04 Commencement Date: 1.7.04: s. 2 CurrentState: All of Act in operation
Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004
Assent Date: 9.11.04 Commencement Date: Ss 3–5, 6(1)(2), 7 on 10.11.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Legislation (Governance Reform) Act 2005, No. 94/2005
Assent Date: 29.11.05 Commencement Date: Ss 25, 26 on 1.12.05: s. 2 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Health Professions Registration Act 2005, No. 97/2005
Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 39) on 1.7.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Legislation Amendment Act 2007, No. 4/2007
Assent Date: 20.3.07 Commencement Date: S. 9 on 21.3.07: s. 2 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Salaries and Superannuation Amendment Act 2007, No. 41/2007
Assent Date: 28.8.07 Commencement Date: S. 3 on 1.7.07: s. 2(1); s. 4 never proclaimed, repealed by No. 70/2013 s. 6(Sch. 4) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 43) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008
Assent Date: 11.12.08 Commencement Date: Ss 14–16 on 11.12.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 18) on 1.12.09: s. 2(2) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Salaries and Superannuation Amendment Act 2009, No. 20/2009
Assent Date: 10.6.09 Commencement Date: 1.7.09: s. 2 CurrentState: All of Act in operation
Superannuation Legislation Amendment Act 2009, No. 38/2009
Assent Date: 30.6.09 Commencement Date: Ss 22–24 on 1.7.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 40) on 1.7.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Legislation Amendment Act 2010, No. 40/2010
Assent Date: 30.6.10 Commencement Date: Ss 16–25 on 1.7.10: Government Gazette 1.7.10 p. 1359 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Salaries and Superannuation Amendment Act 2011, No. 37/2011
Assent Date: 23.8.11 Commencement Date: 24.8.11: s. 2 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation Further Amendment Act 2011, No. 46/2011
Assent Date: 22.9.11 Commencement Date: 1.7.11: s. 2 CurrentState: All of Act in operation
Parliamentary Salaries and Superannuation Amendment (Salary Restraint) Act 2012, No. 34/2012
Assent Date: 13.6.12 Commencement Date: S. 3 on 1.7.12: s. 2 CurrentState: All of Act in operation
Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013
Assent Date: 18.6.13 Commencement Date: Ss 3–10 on 1.7.13: s. 2 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Legislation Amendment Act 2013, No. 61/2013
Assent Date: 22.10.13 Commencement Date: S. 16 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1 CurrentState: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: S. 4 on 28.6.14: s. 2(1); s. 33(Sch. item 17) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019
Assent Date: 5.3.19 Commencement Date: S. 193 on 6.3.19: s. 2(1) Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Committees Amendment Act 2019, No. 4/2019
Assent Date: 13.3.19 Commencement Date: S. 6 on 14.3.19: s. 2(1) Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019
Assent Date: 19.3.19 Commencement Date: S. 61 on 1.7.18: s. 2(2); s. 55 on 29.10.18: s. 2(3); s. 47 on 20.3.19: s. 2(1); ss 48–54, 56–60, 62 on 16.9.19: s. 2(4) Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Superannuation Legislation Amendment Act 2019, No. 36/2019
Assent Date: 22.10.19 Commencement Date: S. 16 on 16.9.19: s. 2(3) Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
Assent Date: 5.9.23 Commencement Date: S. 7(Sch. 1 item 18) on 6.9.23: s. 2 Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024
Assent Date: 20.8.24 Commencement Date: Ss 142, 143 on 31.12.24: s. 2(2) Current State: This information relates only to the provision/s amending the Parliamentary Salaries, Allowances and Superannuation Act 1968
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3 Explanatory details
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