Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2018

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2018 was enacted to amend the remuneration of the Clerk of the House of Representatives, addressing the need for periodic adjustments in line with general remuneration changes as advised by the Remuneration Tribunal. This amendment was made under the authority of subsection 63(1) of the Parliamentary Service Act 1999 by the Speaker of the House of Representatives, The Hon Tony Smith MP, after taking into account advice from the Remuneration Tribunal. The primary policy objective of this amendment is to ensure the Clerk's remuneration remains competitive and reflective of general remuneration adjustments, thereby maintaining the integrity and efficiency of the parliamentary service. The amendment determination came into effect on 1 July 2018.

Scope and Application

This Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2018 applies to the Clerk of the House of Representatives, an officer of the House, and concerns their remuneration and other conditions of appointment. This amendment to the Parliamentary Service Determination Number 3 of 2012 specifies the annual remuneration for the Clerk, which is set at $434,690 per annum, with expectations for periodic adjustments based on advice from the Remuneration Tribunal. The Determination is made under the authority of the Speaker of the House of Representatives and has a national jurisdictional reach as it pertains to a federal parliamentary officer. The Determination does not explicitly state any exclusions, exemptions, or thresholds, but it is implicit that it applies solely to the Clerk of the House of Representatives and does not extend to other parliamentary staff or officers. The amendment determination, once made, is binding and effective from 1 July 2018, with no indication of further extension or restriction through subordinate instruments in the text provided.

Key Provisions

The main operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2018 (paragraph 2) concern the remuneration and conditions of appointment for the Clerk of the House of Representatives. Specifically, the Determination amends Clause 2.1 of the Parliamentary Service Determination Number 3 of 2012, replacing it with new provisions regarding the annual remuneration of the Clerk, which is set at $434,690 per annum (subsection 2.1). Additionally, this remuneration is expected to be adjusted periodically based on advice from the Remuneration Tribunal about general remuneration adjustments (subsection 2.1). This Determination came into effect on 1 July 2018 (paragraph 1). The Determination imposes clear obligations and requirements on the parties it governs, primarily focusing on the remuneration and conditions of appointment for the Clerk of the House of Representatives. It mandates that the Clerk will receive an annual remuneration of $434,690, with adjustments to be made periodically as advised by the Remuneration Tribunal (subsection 2.1). This ensures that the remuneration aligns with general adjustments to public service remuneration and maintains the Clerk's salary at a competitive and appropriate level. The Determination does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, it operates under the broader legislative framework of the Parliamentary Service Act 1999, which may include penalties for non-compliance with statutory obligations. Typically, breaches of such legislative requirements could lead to civil or administrative consequences, although the exact nature and extent of such consequences would depend on the specific context and the applicable laws. While the Determination itself does not specify maximum penalties, it is part of the broader legislative framework where penalties could range from fines to more severe administrative actions. The exact penalties would be determined by the relevant authorities and the specific circumstances of the breach, ensuring that the obligations under the Determination are adhered to appropriately.