Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017

Administered by Department of Finance

Legislation au F2017L00751 Rules In force Legislative Instrument

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EXPLANATORY STATEMENT

Independent Parliamentary Expenses Authority Act 2017

Independent Parliamentary Expenses Authority
(President of the Remuneration Tribunal Fees and Allowances) Rule 2017

Authority

The Special Minister of State (the Minister) makes the Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017 (the Instrument) under subsection 64(1) of the Independent Parliamentary Expenses Authority Act 2017 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 64(1) of the Act provides that the Minister may, by legislative instrument, make rules required or permitted by this Act to be prescribed by the legislative rules, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. 

Subsection 19(4) of the Act provides that a Member of the Authority who is the President of the Remuneration Tribunal is to be paid the fees and allowances that are prescribed by the legislative rules. 

Subsection 33(3) of the AIA relevantly provides that where an Act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose and operation of the Instrument

The Instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

In accordance with the provisions of the Act, the Instrument sets out the payment of fees and allowances to the President of the Remuneration Tribunal in their ex officio role as a Member of the Independent Parliamentary Expenses Authority (the Authority).  The other Members of the Authority will be paid the remuneration and allowances as determined by the Remuneration Tribunal. 

A description of each provision in the Instrument is set out in the notes at Attachment A.

Consultation

Consultation was undertaken with the Independent Parliamentary Expenses Authority.  Public consultation was not undertaken, as that there is no impact on the public.  

Regulatory impact assessment

The Office of Best Practice Regulation has advised that a Regulation Impact Statement was not required (reference OBPR ID: 22403).

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislation Act applies to cause a statement of compatibility to be prepared in respect of that legislative instrument.  The statement of compatibility set out below has been prepared to meet that requirement.

Overview of the Instrument

The Instrument sets out the payment of fees and allowances to the President of the Remuneration Tribunal in their role as a Member of the Authority. 

Human rights implications

The Instrument has been assessed for compatibility with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

The Instrument does not engage any of those rights or freedoms. 

Conclusion

The Instrument is compatible with human rights as it does not raise any human rights issues.


Attachment A

Notes to the Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017

 

Section 1 Name

This section provides for the Instrument to be cited as the Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017.

Section 2 Commencement

This section provides for the Instrument to commence on 1 July 2017, being the date fixed for the commencement of the Independent Parliamentary Expenses Authority Act 2017 (the Act) by proclamation.

Section 3 Definitions

This section provides for the definitions of terms used in the Instrument.  

Section 4  Fees

This section provides that no fee is payable to the Remuneration Tribunal President (the RT President) for his or her work as a Member of the Authority.  As the RT President is already remunerated for his or her substantive position as President of the Remuneration Tribunal, it is concluded that no fees should be payable for the ex officio role as a Member of the Authority.

Section 5 Allowances

This section provides the level of allowances to be paid to the RT President in his or her role as a Member of the Authority.  Under this section, the RT President receives the same allowances as are prescribed for the purposes of section 12 of the Remuneration Tribunal Act 1973 (the RT Act).  Prescribed allowances under section 12 of the RT Act are set out in the Remuneration Tribunal (Members' Fees and Allowances) Regulation 2016 (the RT Regulation).  The RT Regulation entitles the RT President to the travelling allowances to which a Secretary of a Department is entitled for travel on official business within Australia and internationally, in accordance with a determination under section 61 of the Public Service Act 1999.  Tying the RT President’s allowances under the Act to those under the RT Act ensures that there is no inconsistency in the allowances paid to the President.

Providing travelling allowances to the RT President also ensures that he or she is covered for expenses incurred in relation to attending meetings of the Authority.

 

Overview

The Independent Parliamentary Expenses Authority Act 2017 was enacted to establish the Independent Parliamentary Expenses Authority, providing a framework for the independent assessment of expenses incurred by members of the Parliament of Australia. The Act was introduced to address the need for an independent body to review and determine the legitimacy of parliamentary expenses, ensuring transparency and accountability in the use of public funds. This legislation was enacted by the Parliament of Australia, with the objective of maintaining public trust in the parliamentary system by providing a transparent and impartial process for assessing parliamentary expenses. The Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017 was made under the authority conferred by the Act, setting out the fees and allowances for the President of the Remuneration Tribunal in their role as a Member of the Authority. This rule ensures that the President is appropriately compensated for their duties without incurring any additional financial burden, aligning their allowances with those prescribed for other high-ranking officials. The rule also specifies that no additional fees are payable for the President’s role as a Member of the Authority, given their existing remuneration as President of the Remuneration Tribunal. This regulation is designed to maintain consistency and fairness in the allowances paid to members of the Authority.

Scope and Application

The Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017 applies to the President of the Remuneration Tribunal in their role as a Member of the Independent Parliamentary Expenses Authority. This rule establishes the allowances to be paid to the President, excluding fees as they are already remunerated for their substantive role. The rule applies nationally as it is a legislative instrument made under the Independent Parliamentary Expenses Authority Act 2017, which is a Commonwealth Act. There are no exclusions or exemptions specified in the rule; however, the allowances are tied to those prescribed under the Remuneration Tribunal Act 1973, ensuring consistency. The rule does not extend or restrict application through subordinate instruments beyond what is specified within its provisions. Human rights compatibility has been assessed, and the rule is deemed compatible as it does not engage any of the rights and freedoms recognised or declared by the relevant international instruments.

Key Provisions

The Independent Parliamentary Expenses Authority (President of the Remuneration Tribunal Fees and Allowances) Rule 2017 (the Instrument) specifies the payment of fees and allowances to the President of the Remuneration Tribunal in their capacity as a Member of the Independent Parliamentary Expenses Authority (the Authority) (Section 4). The Instrument does not require the President of the Remuneration Tribunal to pay any fees for their role as a Member of the Authority because they are already remunerated for their primary position as President of the Remuneration Tribunal (Section 4). Instead, the Instrument provides that the President will receive allowances equivalent to those prescribed for the purposes of section 12 of the Remuneration Tribunal Act 1973 (the RT Act) (Section 5). These allowances are detailed in the Remuneration Tribunal (Members' Fees and Allowances) Regulation 2016 (the RT Regulation) and include travel allowances for official business within Australia and internationally (Section 5). The Instrument imposes specific obligations on the President of the Remuneration Tribunal in their role as a Member of the Authority. Firstly, it stipulates that no fees are payable for this role, as the President is already compensated for their primary duties as President of the Remuneration Tribunal (Section 4). Secondly, it mandates that the President receive allowances equivalent to those prescribed under the RT Act, ensuring consistency and fairness in remuneration (Section 5). The Instrument also requires the President to adhere to the prescribed allowances as outlined in the RT Regulation, specifically regarding travel allowances for official business (Section 5). There are no explicit offences, penalties, or consequences outlined in the Instrument for breach of its provisions. However, the Instrument is a disallowable legislative instrument under the Legislation Act 2003, meaning that it can be disallowed by either House of Parliament. The absence of specific penalties in the Instrument does not preclude potential consequences if the Instrument is disallowed, as this could impact the financial arrangements for the President’s role as a Member of the Authority. The compatibility of the Instrument with human rights has been assessed, and it has been determined that it does not engage any of the rights or freedoms recognised or declared by the relevant international instruments, thereby affirming its compatibility with human rights (Statement of compatibility with human rights).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.