Remuneration Tribunal Determination 2013/13 Members of Parliament Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters (Cth)

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REMUNERATION TRIBUNAL

Determination 2013/13:
Members of Parliament – Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters

As amended.

Made under sub-sections 7(1), 7(1A), 7(1B), 7(1C), 7(2), 7(2A), 7(4) and 7(5G) of the Remuneration Tribunal Act 1973.

Consolidated by the Remuneration Tribunal Secretariat as at 17 April 2014 and incorporates amending determinations up to and including 2014/05 – Members of Parliament – Additional Salary for Parliamentary Office Holders

This Determination sets out the base salary for members of parliament, additional salary for parliamentary office holders, and related matters.  It comprises:

Contents

PART 1 - GENERAL

PART 2 – PARLIAMENTARY BASE SALARY

PART 3 – ADDITIONAL SALARY FOR PARLIAMENTARY OFFICE HOLDERS

PART 4 – MINISTERS OF STATE

SCHEDULE A - TABLE 1 – RATES OF ADDITIONAL SALARY

PART 1 - GENERAL

1.1Authority: This Determination is issued in accordance with the following subsections of the Remuneration Tribunal Act 1973 (‘the Act’): 7(1), 7(1A), 7(1B), 7(1C), 7(2), 7(2A), 7(4) and 7(5G).

1.2Effective Date: This Determination takes effect on and from 1 July 2013.

1.3         Effect on Earlier Determinations: This Determination supersedes and revokes in full Determinations 2012/02 (as amended) – Members of Parliament – Base Salary and Related Matters and 2012/03 – Parliamentary Office Holders – Additional Salary.

1.4         Definitions: The following definitions apply in this Determination:

‘base salary’ means parliamentary base salary as defined in the Remuneration Tribunal Act 1973 and also refers to the amount determined by the Remuneration Tribunal in this Determination;

‘member of parliament’ or ‘member’ means a Member of the House of Representatives or a Senator unless there is an explicit contrary intention.

PART 2 – PARLIAMENTARY BASE SALARY

2.1A member of parliament shall be paid a base salary of $195,130 per annum.

2.2The portion of the base salary that is not parliamentary allowance for the purposes of the Parliamentary Contributory Superannuation Act 1948 is $40,730.

PART 3 – ADDITIONAL SALARY FOR PARLIAMENTARY OFFICE HOLDERS[1]

[1] The Tribunal reports on, but does not determine, additional salary for Ministers of State.  Report 1 of 2012, available on the Tribunal’s website, is the Tribunal’s most recent Report on the matter (as at 1 July 2013).

3.1Subject to any exclusions specified in clause 3.4 and its subclauses of this Determination, a member who holds a parliamentary office specified in Table 1 shall be paid additional parliamentary office holder salary as is specified for that office in that table.

3.2       In administering this Determination, authorities shall, where necessary:

(a)calculate additional salary by applying the percentage in Column 2 of Table 1 to the base salary, rounding up to the nearest ten dollars; and

(b)pay the annual benefits specified in proportion (pro rata) to the office holder’s period of service during that year.

3.3The portion of additional parliamentary office holder salary that is not 'allowance by way of salary' for the purposes of the Parliamentary Contributory Superannuation Act 1948 is 20 per cent of the amount calculated in accordance with clauses 3.1 and 3.2.  The 20 per cent portion shall apply to each amount of additional salary paid to a member.

3.4     The following rules apply in determining the number of shadow ministers entitled to additional salary and at what rate (noting there is a transitional provision in clause 3.4.5):

3.4.1  The maximum number of shadow ministers entitled to be paid additional parliamentary office holder salary at the rate of 25 per cent of base salary is

A – B

where

A = the number of Ministers of Cabinet rank from time to time; and

B = the number of Opposition office holders, from time to time entitled to additional parliamentary office holder salary of more than 25 per cent of base salary because of their holding another office listed in Table 1.

3.4.2   The maximum number of shadow ministers entitled to be paid additional Parliamentary office holder salary at the rate of 20 per cent of base salary is

A – B – C,

where

A = the number of ministers specified in section 4(b) of the Ministers of State Act 1952;

B = shadow ministers from time to time entitled to additional salary of 25 per cent of base salary in accordance with clause 3.4.1; and

C = the number of Opposition office holders, from time to time entitled to additional parliamentary office holder salary of more than 25 per cent of base salary because of their holding another office listed in Table 1.

3.4.3     The Leader of the Opposition is to provide advice in writing to the paying authority in each House of Parliament as to which individual shadow ministers are to be paid in accordance with clauses 3.4.1 and 3.4.2.

3.4.4     A member who receives additional parliamentary office holder salary of more than 25 per cent of base salary because of his or her holding another office listed in Table 1 is not entitled to also be paid additional salary as a shadow minister; and a member who receives additional salary as a shadow minister is not entitled to additional salary for filling any other office listed in Table 1.

PART 4 – MINISTERS OF STATE

4.1The portion of the salary referred to in subsection 6(1) of the Act that is not salary for the purposes of the Parliamentary Contributory Superannuation Act 1948 is 20 per cent.

SCHEDULE A - TABLE 1 – RATES OF ADDITIONAL SALARY

Various Offices

OFFICE

(Column 1)

As a percentage of the base salary, per annum

(Column 2)

Leader of the Opposition 85.0%
President of the Senate 75.0%
Speaker of the House of Representatives 75.0%
Deputy Leader of the Opposition 57.5%
Leader of the Opposition in the Senate 57.5%
Leader of a recognised party of more than 10 members of Parliament, other than a party whose Leader is the Prime Minister or the Leader of the Opposition 45.0%
Leader of a recognised party of at least 5, and no more than 10, members of Parliament 42.5%
Manager of Opposition Business in the House of Representatives 27.5%
Chief Government Whip in the House of Representatives 26.0%
Shadow Minister (see clause 3.4) 25.0%
Chief Opposition Whip in the House of Representatives 23.0%
Shadow Minister (see clause 3.4) 20.0%
Deputy President and Chair of Committees in the Senate 20.0%
Deputy Speaker in the House of Representatives 20.0%
Deputy Leader of the Opposition in the Senate 20.0%
Chief Government Whip in the Senate 20.0%
Chief Opposition Whip in the Senate 18.0%
Second Deputy Speaker in the House of Representatives 13.0%
Whip in the House of Representatives of a Government party with more than 10 Members in the House 13.0%
Whip in the House of Representatives of an Opposition party with more than 10 Members in the House 12.0%
Head of a recognised party, not being a party whose Leader is the Prime Minister or the Leader of the Opposition, with at least five members in each house, sitting in the house other than that in which the Leader of the party sits 11.0%
Whip in the House of Representatives of a party with at least 5, and no more than 10, Members in the House 9.0%
Whip in the Senate of a recognised party of at least 5, and no more than 10, Senators 9.0%
Government Deputy Whip in the Senate 5.0%
Opposition Deputy Whip in the Senate 5.0%
Deputy Whip in the House of Representatives of a Government party with more than 10 Members in the House 3.0%
Deputy Whip in the House of Representatives of an Opposition party with more than 10 Members in the House 3.0%
Member of the Speaker's Panel in the House of Representatives 3.0%
Temporary Chairman of Committees in the Senate 3.0%
Deputy Whip in the House of Representatives of a party with at least 5, and no more than 10, Members in the House 2.0%

TABLE 1 – (cont)

Parliamentary Committee Offices

OFFICE

(Column 1)

As a percentage of the base salary, per annum

(Column 2)

Chair of the Joint Statutory Committee of Public Accounts and Audit 16%
Chair of the Joint Statutory Committee on Public Works 16%
Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade 16%
Chair of the Joint Standing Committee on Treaties 16%

Chair of the Joint Standing Committee on Electoral Matters

Effective 2 April 2014 – Refer Det 2014/05

16%
Chair of a Joint Statutory Committee or Joint Standing Committee, not otherwise specified (except the Joint Standing Committee on the Parliamentary Library) 11%
Chair of a Senate Legislative and General Purpose Standing Committee 11%
Chair of a House of Representatives General Purpose Standing Committee 11%
Chair of a Joint Select Committee or Select Committee in the Senate or the House of Representatives 11%
Chair of an Investigating Standing Committee established by resolution of either House 11%
Chair of the Senate Standing Committee of Privileges 11%
Chair of the House of Representatives Standing Committee of Privileges 11%
Chair of the Senate Standing Committee on Regulations and Ordinances 11%
Chair of the Senate Standing Committee for the Scrutiny of Bills 11%
Chair of the House of Representatives Standing Committee on Procedure 11%
Deputy Chair of the Joint Statutory Committee on Public Accounts and Audit 8%
Deputy Chair of the Joint Statutory Committee on Public Works 8%
Deputy Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade 8%
Deputy Chair of the Joint Standing Committee on Treaties 8%

Deputy Chair of the Joint Standing Committee on Electoral Matters

Effective 2 April 2014 – Refer Det 2014/05

8%
Deputy Chair of a Joint Statutory Committee or Joint Standing Committee, not otherwise specified (except the Joint Standing Committee on the Parliamentary Library) 5.5%
Deputy Chair of a House of Representatives General Purpose Standing Committee 5.5%
Deputy Chair of a Joint Select Committee or Select Committee in the Senate or the House of Representatives 5.5%
Deputy Chair of an Investigating Standing Committee established by resolution of either House 5.5%
Deputy Chair of the Senate Standing Committee of Privileges 5.5%
Deputy Chair of the House of Representatives Standing Committee of Privileges 5.5%
Deputy Chair of the Senate Standing Committee on Regulations and Ordinances 5.5%
Deputy Chair of the Senate Standing Committee for the Scrutiny of Bills 5.5%
Deputy Chair of the House of Representatives Standing Committee on Procedure 5.5%
Chair of the Senate Standing Committee of Senators’ Interests 3%
Chair of the House of Representatives Committee of Members’ Interests 3%
Chair of a Parliamentary Committee concerned with public affairs rather than the domestic affairs of Parliament not otherwise specified 3%

Notes to Remuneration Tribunal Determination 2013/13:

Members of Parliament - Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters

This determination as shown in this compilation is amended as indicated in the tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of FRLI registration

Date of commencement

Application, saving or transitional provisions

Determination 2013/13 – Members of Parliament – Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters

20/06/2013
F2013L01090

1/07/2013

-

Determination 2013/19 – Members of Parliament – Additional Salary for Parliamentary Office Holders

22/08/2013
F2013L01609

Cl 1.1, 1.2 – 23/08/2013

-

Determination 2014/05 – Members of Parliament – Additional Salary for Parliamentary Office Holders

17/04/2014
F2014L00422

Cl 1.1, 1.4, 1.5 – 18/04/2014

Cl 1.2, 1.3 – 2/04/2014

-

Notes to Remuneration Tribunal Determination 2013/13:

Members of Parliament - Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters

Table of Amendments

ad. = added or inserted                   am. = amended                   rs. = repealed and substituted   rep. = repealed

Provision affected How affected
Part 3
Clause 3.4.5 am 2013/19, rep 2014/05
Schedule A
Table 1 am 2014/05

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