Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2019

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2019 was enacted to address the need for an updated remuneration package for the Clerk of the House of Representatives, as advised by the Remuneration Tribunal. This amendment determination, made by The Hon Tony Smith MP, Speaker of the House of Representatives, reflects the advice received and adjusts the annual remuneration for the Clerk to $443,390, with provisions for periodic adjustments based on further advice from the Tribunal. This Determination, which came into effect on 1 July 2019, aims to ensure that the remuneration remains competitive and reflective of the role’s responsibilities and the broader remuneration landscape.

Scope and Application

This Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2019 applies to the Clerk of the House of Representatives, a specific role within the Australian federal parliamentary system. The Determination is a modification to the remuneration and conditions of appointment for the Clerk, altering the total annual remuneration to $443,390 and specifying that this amount may be adjusted periodically based on advice from the Remuneration Tribunal regarding general remuneration adjustments. This Amendment operates within the framework of the Commonwealth, specifically addressing a role integral to the functioning of the House of Representatives. The scope of the Determination is limited to the remuneration and conditions applicable to the Clerk of the House of Representatives, and it does not extend to other parliamentary staff or roles. The Amendment determination does not explicitly state exclusions or thresholds but focuses on updating the remuneration conditions for this particular role. The application of this determination is confined to the federal level, impacting only the Clerk of the House of Representatives within the Commonwealth jurisdiction.

Key Provisions

The main operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2019 (section 2) make a specific alteration to the remuneration for the Clerk of the House of Representatives. The amendment, detailed in Clause 2.1, replaces the existing remuneration provisions in the Parliamentary Service Determination Number 3 of 2012. The new clause establishes that the Clerk will be eligible for total remuneration of $443,390 per annum, with this amount subject to periodic adjustments based on advice from the Remuneration Tribunal regarding general remuneration adjustments. The obligations and requirements imposed by this Act are primarily directed towards the Clerk of the House of Representatives. The Clerk must now receive remuneration as specified in the amended Clause 2.1, and this remuneration is to be adjusted periodically as advised by the Remuneration Tribunal. This adjustment ensures that the remuneration remains aligned with general remuneration trends as determined by the Tribunal. Additionally, the Clerk's remuneration conditions must adhere to the framework established by this Amendment Determination, which is grounded in the advice provided by the Remuneration Tribunal. There are no specific offences, penalties, or consequences for breach outlined within this Determination. The nature of the amendment is administrative, focusing on the financial remuneration of the Clerk of the House of Representatives. However, it is implicit that failure to comply with the remuneration provisions set out in this Amendment Determination could potentially lead to disputes or require judicial interpretation, particularly if there are ambiguities in the implementation of the Tribunal's advice. The Remuneration Tribunal, as the body providing the advice, plays a crucial role in ensuring that the remuneration adjustments are both fair and in line with broader remuneration practices. In summary, the Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2019 provides a clear framework for the remuneration of the Clerk of the House of Representatives, with adjustments to be made based on periodic advice from the Remuneration Tribunal. While the Determination itself does not explicitly outline penalties for non-compliance, adherence to the Tribunal's advice is crucial for ensuring that the Clerk's remuneration remains appropriate and equitable. This amendment ensures that the Clerk's remuneration is periodically reviewed and adjusted to reflect current remuneration standards, maintaining both fairness and consistency within the parliamentary service structure.