Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2017

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2017, made by the Speaker of the House of Representatives, aims to address the remuneration of the Clerk of the House of Representatives by amending the Parliamentary Service Determination Number 3 of 2012. Enacted by the Parliament of Australia, the Determination responds to the need to adjust the remuneration package of the Clerk to reflect changes recommended by the Remuneration Tribunal. The underlying policy objective is to ensure the remuneration of the Clerk remains in line with general adjustments for parliamentary officials, thereby maintaining fair and competitive compensation. This amendment ensures that the Clerk’s salary is periodically reviewed and adjusted in accordance with the advice from the Remuneration Tribunal, facilitating a transparent and equitable remuneration process.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2017 pertains specifically to the Clerk of the House of Representatives, an individual holding a pivotal role within the Australian federal parliamentary service. This amendment determination, made under subsection 63(1) of the Parliamentary Service Act 1999, establishes the remuneration and conditions of appointment for the Clerk, impacting a single office within the Commonwealth parliamentary framework. It was initiated by the Speaker of the House of Representatives, following advice from the Remuneration Tribunal. The determination came into effect on 1 July 2017, repealing and replacing Clause 2.1 of the Parliamentary Service Determination Number 3 of 2012, thereby setting the Clerk's total remuneration at $426,160 per annum, subject to periodic adjustments based on future advice from the Tribunal. The amendment does not extend to other parliamentary staff or officials, and no geographic limitations or exemptions are specified within the text of this determination.

Key Provisions

The main operative section of this Determination (Clause 2.1) amends the Parliamentary Service Determination Number 3 of 2012 by repealing the previous clause regarding the remuneration of the Clerk of the House of Representatives and substituting it with a new clause. The new clause specifies that the Clerk will be eligible for total remuneration of $426,160 per annum, with the expectation that this amount will be adjusted periodically based on advice from the Remuneration Tribunal concerning general remuneration adjustments. This adjustment mechanism ensures that the Clerk's remuneration remains aligned with broader remuneration trends within the Parliamentary Service. The Act imposes several obligations on the parties involved, primarily the Speaker of the House of Representatives, who is responsible for making this determination. The Speaker must receive and take account of advice from the Remuneration Tribunal before making any amendments to the remuneration conditions for the Clerk of the House of Representatives. This ensures that the determination is informed by expert advice and is in line with broader remuneration practices within the Parliamentary Service. In terms of breaches and consequences, the Determination itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, given its nature as an amendment to a parliamentary service determination, any failure to adhere to the stipulated remuneration conditions could potentially lead to legal challenges or disputes regarding the Clerk's remuneration. Additionally, if the determination is not made in accordance with the advice from the Remuneration Tribunal, it could be subject to judicial review or other forms of oversight to ensure compliance with legislative requirements. The specific consequences would depend on the context and nature of any non-compliance or dispute that arises.