Parliamentary Secretaries Act 1980

Overview

The Parliamentary Secretaries Act 1980 was enacted to regulate the appointment and remuneration of Parliamentary Secretaries to Ministers of State within the Australian federal government. This Act was introduced by the Parliament of Australia to address the need for clear guidelines concerning the roles and allowances of Parliamentary Secretaries, who assist Ministers in their duties. The primary objective of the Act is to ensure that Parliamentary Secretaries are appointed by the Prime Minister and that they do not receive any remuneration, with allowances for their expenses being determined by the Remuneration Tribunal. This legislation also made amendments to the Remuneration Tribunals Act 1973 to reflect the new provisions for Parliamentary Secretaries. The Parliamentary Secretaries Act 1980 grants the Prime Minister the authority to appoint members of either House of Parliament as Parliamentary Secretaries to Ministers of State, and allows for the revocation of these appointments at any time. Furthermore, it specifies that Parliamentary Secretaries are not to be remunerated, though they may be reimbursed for reasonable expenses incurred in the performance of their duties. This reimbursement is subject to the determination of the Remuneration Tribunal, which was also tasked with setting allowances for Parliamentary Secretaries. The Act ensures that these officials, while serving an important function in supporting Ministers, do not receive any form of payment beyond necessary expenses, thereby maintaining the integrity and impartiality of their roles.

Scope and Application

The Parliamentary Secretaries Act 1980 applies to members of either House of the Parliament who are appointed by the Prime Minister to serve as Parliamentary Secretaries to Ministers of State. These individuals are ineligible for remuneration or allowances for their roles as Parliamentary Secretaries, although they can be reimbursed for reasonable expenses incurred in performing their duties, subject to the limits set by the Remuneration Tribunal. The Act's jurisdiction is federal, governing the conduct and financial entitlements of Parliamentary Secretaries within the Commonwealth of Australia. The Act does not explicitly provide for extensions or restrictions of its application through subordinate instruments but does make amendments to the Remuneration Tribunals Act 1973 to clarify the Tribunal's role in determining reimbursement allowances for Parliamentary Secretaries. These amendments ensure that the Tribunal's authority over allowances does not extend to Parliamentary Secretaries, who fall under a separate determination process outlined in the Act.

Key Provisions

The Parliamentary Secretaries Act 1980 (section 3) allows the Prime Minister to appoint a member of either House of the Parliament to serve as a Parliamentary Secretary to a Minister of State. This appointment can be revoked by the Prime Minister at any time (section 3(2)). Furthermore, while holding this position, Parliamentary Secretaries are not entitled to any remuneration or allowance, although they can be reimbursed for expenses reasonably incurred in performing their duties, subject to certain limits (section 4). The Remuneration Tribunal is responsible for determining the maximum allowable reimbursement for these expenses (section 4(3)). Additionally, the Act amends the Remuneration Tribunals Act 1973 to clarify that the Tribunal cannot determine allowances for Parliamentary Secretaries, but must instead determine the maximum allowable reimbursement for expenses related to their duties (section 5). Under the Parliamentary Secretaries Act 1980, the Prime Minister has the sole authority to appoint and revoke Parliamentary Secretaries (section 3). The Act also stipulates that Parliamentary Secretaries are not to be remunerated for their positions but may be reimbursed for reasonable expenses incurred in carrying out their duties, with the maximum allowable reimbursement determined by the Remuneration Tribunal (section 4). The Remuneration Tribunals Act 1973 is amended to ensure that the Tribunal's authority does not extend to determining allowances for Parliamentary Secretaries, but rather to determining the maximum allowable reimbursement for their expenses (section 5). The Parliamentary Secretaries Act 1980 does not explicitly outline offences, penalties, or consequences for breaches of its provisions. However, any breach of the conditions or misuse of the allowances outlined in the Act could potentially lead to civil or criminal consequences under other relevant legislation. For example, misusing public funds or failing to adhere to the reimbursement limits set by the Remuneration Tribunal could result in penalties under general public service laws or the Public Service Act 1999, although the Act itself does not specify any particular penalties.