Made under section 38E of the Parliamentary Service Act 1999

We, SENATOR THE HON SUE LINES, President of the Senate and THE HON MILTON DICK MP, Speaker of the House of Representatives, after having received and taken account of advice from the Remuneration Tribunal, make the following amendment determination under subsection 38(E) of the Parliamentary Service Act 1999.

________________________________                           ________________________________ 

SENATOR THE HON SUE LINES                                            THE HON MILTON DICK MP

President of the Senate                                                        Speaker of the House of Representatives

Date:      18/12/2023                                                             Date:      18/12/2023    

Commonwealth of Australia

Parliamentary Service Act 1999

Determination Number 26 of 2023

Parliamentary Librarian, Department of Parliamentary Services

Remuneration and Other Conditions of appointment

Pursuant to section 38E of the Parliamentary Service Act 1999, after having sought and taken into account the advice of the Remuneration Tribunal, we hereby determine the remuneration and other conditions of appointment of the Parliamentary Librarian of the Department of Parliamentary Services as set out hereunder, with effect from 18 September 2023.

Part 1 Interpretation

In this Determination:

‘Base salary’ means the amount specified as base salary in clause 2.1 of this Determination.

‘Benefits’ means benefits other than cash and the Employer Superannuation Contributions provided to a Parliamentary Librarian at the Commonwealth’s expense. (See also clause 2.2).

‘Commonwealth Authority’ means:

a)      a body corporate established for a public purpose by or under a law of the Commonwealth or the Australian Capital territory; or

b)      a body corporate:

1. incorporate under a law of the Commonwealth or a State or Territory; and
2. in which the Commonwealth has a has a controlling interest; or

c)       an authority or body, not being a body corporate, established for a public purpose by or under a law of the Commonwealth or the Australian Capital Territory.

‘Department’ means the Department of Parliamentary Services.

‘Employer’ means the Commonwealth and includes any person authorised to exercise powers, perform acts, grant approvals or give directions for, or on behalf of, the Commonwealth.

‘Librarian’ means the Parliamentary Librarian of the Department of Parliamentary Services.

‘Secretary’ means the Secretary of the Department of Parliamentary Services.

‘Total remuneration’ means the amount specified as total remuneration in clause 2.1 of this Determination, representing the value of salary and benefits including employer superannuation contribution but not including the value of facilities provided as business support in Part 5, official travel specified in Part 6 and leave specified in Part 7 to 10.

1.1 The provisions of this Determination are additional to and subject to any applicable statutory entitlements or conditions, including those deriving from the following Acts and from regulations and instruments made under those Acts:

a)      Public Governance, Performance and Accountability Act 2013;

b)      Long Service Leave (Commonwealth Employees) Act 1973;

c)       Work Health and Safety Act 2011;

d)      Maternity Leave (Commonwealth Employees) Act 1973;

e)      Parliamentary Service Act 1999;

f)        Safety, Rehabilitation and Compensation Act 1988;

g)      Superannuation Act 1976;

h)      Superannuation Act 1990;

i)        Superannuation Act 2005;

j)        Superannuation Benefits (Supervisory Mechanisms) Act 1990;

k)       Superannuation (Productivity Benefit) Act 1988; and

l)        Fair Work Act 2009.

Part 2 Remuneration and related matters

2.1 The Librarian will be eligible for base salary and total remuneration as set out below:

a)      Base salary at the rate of $269,600 per annum; and

b)      Total remuneration of $321,250 per annum.

2.2 The amounts set out in clause 2.1 are expected to be adjusted annually following advice from the Remuneration tribunal.

2.3 Subject to this Part, the Librarian may elect to receive the benefit of total remuneration, other than the value of Employer Superannuation Contribution, in cash as salary or as a combination of salary and benefits, in accordance with the policies and procedures on salary packaging in the Department.

2.4 Any election made in accordance with clause 2.3 must be consistent with relevant taxation laws and rulings or guidelines applicable to salary packaging schemes issued by the Australian Taxation Office.

2.5 Any election made in accordance with clause 2.3 must not result in cost to the Commonwealth (including in relation to any fringe benefits taxation) additional to the cost which would be incurred if total remuneration elements able to be taken as salary were taken as salary.

2.6 The value attributable to the following is not taken to be part of the Total Remuneration:

a)      Facilities provided as business support under Part 5; or

b)      Travelling allowances and expenditure specified in Part 3; or

c)       Relocation costs under Part 11; or

d)      Compensation for early loss of office specified in Part 12.

Part 3 Superannuation

3.1 The Librarian’s Total remuneration will include the Employer Superannuation Contribution made in respect of the Librarian, which will be paid in accordance the relevant legislation and scheme rules.

Note: Additional superannuation contributions made under the salary packaging provisions of clause 2.3 do not form part of the Employer Superannuation Contribution.

3.6 Notwithstanding anything else in this Part, the value of the Employer Superannuation

Contribution is a non-salary component of total remuneration and may not be the subject of an election to take an equivalent amount of money instead.

Part 4 Official vehicle

4.1 An official vehicle will not be provided by the Commonwealth. The Librarian’s total remuneration will be taken to include the value of a vehicle, and access to parking.

Part 5 Business support

5.1 The Librarian is entitled to the provision by the Department of home computing facilities, including a broadband Internet connection, reimbursement of the cost of an Internet Service Provider, and other office facilities necessary at their residence for the efficient conduct of business. Such provisions includes incidental private use of those facilities.

5.2 The Librarian is entitled to domestic airline lounge membership at Commonwealth expense.

5.3 The Librarian is entitled to business support by way of newspapers, journals, periodicals and professional association membership.

Part 6 Official travel

6.1 The Librarian is entitled to travelling allowances and conditions for travel on official business within Australia and internationally in accordance with the provisions, and at the Tier 2 rate, as determined from time to time by the Remuneration Tribunal in relation to full-time public office holders. In making travel arrangements, the Librarian should comply with the travel-related administrative guidelines in place for SES employees in the Department.

6.2 The Librarian may be entitled to be accompanied by a spouse or partner at Commonwealth expense for purposes related to official business when travelling within Australia or overseas in accordance with this Determination. Such accompanied travel may occur only when the Presiding Officers agree that, given the purpose of the travel, it is demonstrably in the interest of the ParIiament for the Librarian to be accompanied by the spouse or partner.

Part 7 Annual leave

7.1 There will accrue to the Librarian annual leave at the rate of 20 days per annum, which will count as service for all purposes. The taking of leave is subject to approval by the Presiding Officers, who may delegate their power to approve leave to the Secretary. Subject to this Determination, leave will be administered in accordance with annual leave policies applying to SES employees of the Department.

7.2 The Librarian's annual leave credits include any remaining annual leave credits accrued either through prior service in the Australian Public Service or the ACT Government Service or through employment in a Commonwealth authority that, in either case, ceased not more than two months prior to being appointed Librarian.

7.3 In respect of any unused annual leave credit for which the Librarian is entitled to payment in lieu on cessation of employment, the rate of remuneration used for calculating the entitlement is base salary.

Part 8 Personal leave

8.1 The Librarian is entitled to a personal leave credit in accordance with the relevant leave policies applying to SES employees of the Department to accommodate personal illness or injury, to care for a family member or to meet family responsibilities of an emergency and/or unscheduled nature.

8.2 The Librarian's absence of three days or more using personal leave must be authorised by the Presiding Officers, who may delegate their power to authorise leave to the Secretary.

8.3 In addition to the personal leave entitlement accruing as specified above, the Librarian's entitlement to personal leave (however described) accrued either through prior service in the Australian Public Service or the ACT Government Service, or through employment in a Commonwealth authority that, in either case, ceased not more than two months prior to being appointed Librarian, will be recognised as if accrued as Librarian.

Part 9 Other leave

9.1 The Secretary may grant other leave to the Librarian, with or without pay. Leave without pay does not count as service for any purpose unless the Secretary determines otherwise.

Part 10 Long service leave

10.1 The Librarian is entitled to long service leave benefits under the Long Service Leave (Commonwealth Employees) Act 1973.

Part 11 Relocation expenses

11.1 If, before appointment, the Librarian resides in a location other than Canberra, the Presiding Officers may approve the payment of reasonable relocation expenses.

Part 12 Compensation for early termination of appointment

12.1 If the appointment of the Librarian is terminated under the provisions of the Parliamentary Services Act 1999 for the reasons other than physical or mental incapacity, misbehaviour or unsatisfactory service before the expiration of the term of the appointment and the Commonwealth has not made the Librarian an offer of suitable alternative employment, the Librarian will, upon termination, be entitled to be paid one-third of one month’s remuneration applying at the date of termination from the office, for each full month of service forgone, subject to:

a)      a minimum payment of four months of the superannuation salary applicable at that date; and

b)      a maximum payment of twelve months of the superannuation salary applicable at that date.

12.2 In this Determination, suitable alternative employment includes such employment with the Commonwealth, the administration of a Territory, a public statutory corporation referred to in paragraph 3(4)(da) of the Remuneration Tribunal Act 1973 or an incorporated company, all the stock or shares in the capital of which is, or are, beneficially owned by the Commonwealth or by a public statutory corporation.

12.3 Where the Librarian serves the full term of appointment, no entitlement to a payment under this Part arises. 

Part 13 Repeal of previous Determination

13.1 All Determinations previously made in respect of the Librarian under section 38E of the Parliamentary Service Act 1999 are repealed.