Overview

The Determination 2017/24 under the Parliamentary Retirement Travel Act 2002 was enacted to provide clarity and update the qualifying periods for Parliamentary Retirement Travel. The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, was previously authorised to make such determinations, but with the commencement of the Parliamentary Business Resources Act 2017, the Tribunal’s authority transitioned to the PRT Act. This determination refines and replaces the provisions of the previous determination made under the Remuneration Tribunal Act 1973. The minor amendments, aimed at improving clarity and readability, were implemented without formal consultation due to their insubstantial nature. The primary objective of the determination is to specify the service periods required for members of Parliament, including those who have served as Prime Ministers, to qualify for retirement travel benefits upon leaving office.

Scope and Application

Determination 2017/24, made under subsection 30(1A) of the Parliamentary Retirement Travel Act 2002, applies to members of the Parliament who have served as Prime Ministers, determining their qualifying periods for Parliamentary Retirement Travel upon retirement. This determination, effective from the commencement of the Parliamentary Business Resources Act 2017, replaces the provisions of Part 8 of the former determination made under the Remuneration Tribunal Act 1973. The changes made to this determination were minor, focusing on improving clarity and readability, thus no formal consultation was deemed necessary. Clause 2.1 specifies the periods to be served by a member to qualify for the travel, while Clause 2.2 allows for these periods to be continuous or broken, and Clause 2.3 stipulates that any period served as Prime Minister will be trebled when calculating the member’s period of service. The determination is geographically applicable within the Commonwealth of Australia and pertains to the conduct and transactions of eligible parliamentary members.

Key Provisions

The determination, made under section 30(1A) of the Parliamentary Retirement Travel Act 2002 (PRT Act), specifies the qualifying periods for Parliamentary Retirement Travel for former members of the Parliament, particularly those who have served as Prime Ministers. Clause 2.1 outlines the specific periods that a member must serve to qualify for this travel benefit. Clause 2.2 clarifies that the service period can be either continuous or broken, providing flexibility in how the qualifying years are accumulated. Clause 2.3 stipulates that any period a member serves as Prime Minister is trebled when calculating their total service for retirement travel eligibility. The obligations imposed by this determination are primarily on the Remuneration Tribunal, which is tasked with establishing these qualifying periods under the PRT Act. The Tribunal must ensure that the specified periods are adhered to when determining eligibility for Parliamentary Retirement Travel. The determination also places an obligation on members of Parliament to ensure they meet the specified service requirements to qualify for the travel benefit upon retirement. Any breaches of the qualifying periods outlined in the determination may not be explicitly defined within the explanatory statement. However, in the context of Australian legislation, failure to meet the specified service requirements could potentially lead to disqualification from the Parliamentary Retirement Travel benefit. While specific penalties are not mentioned, non-compliance with statutory requirements can have significant implications, such as the loss of entitlements and potential reputational damage. The penalties, if applicable, would likely be managed within the broader framework of administrative law and the powers of the Remuneration Tribunal.