Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2022

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2022 was enacted to address the need for updating the remuneration of the Clerk of the House of Representatives. 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 Andrew Wallace MP, following advice from the Remuneration Tribunal. The policy objective behind this amendment is to ensure the remuneration of the Clerk remains competitive and reflective of the responsibilities and demands of the role. The determination took effect from 1 July 2022, and it specifies that the Clerk's total remuneration will be $455,590 per annum, subject to annual adjustments based on the advice received from the Remuneration Tribunal.

Scope and Application

This determination amends the remuneration for the Clerk of the House of Representatives, establishing that the Clerk will be eligible for total remuneration of $455,590 per annum, with annual adjustments based on advice from the Remuneration Tribunal. This legislative amendment applies specifically to the Clerk of the House of Representatives and is implemented under the authority of the Parliamentary Service Act 1999. The amendment affects a single individual within the Commonwealth parliamentary service, specifically altering the remuneration conditions for the Clerk. The jurisdictional reach of this amendment is confined to the Commonwealth level, and it does not extend to state or territory jurisdictions. No specific exclusions or exemptions are mentioned in the text, and the amendment directly modifies the remuneration conditions as set out in the Parliamentary Service Determination 1 of 2019.

Key Provisions

The key operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2022 (the "Determination") involve amending the remuneration and other conditions of employment for the Clerk of the House of Representatives. Specifically, clause 2.1 of the Determination replaces the previous clause in Parliamentary Service Determination 1 of 2019 to state that the Clerk will now be eligible for total remuneration of $455,590 per annum, with this amount expected to be adjusted annually based on advice received from the Remuneration Tribunal (section 2). This adjustment ensures that the remuneration reflects any changes recommended by the Tribunal, maintaining the remuneration's alignment with current economic conditions and the role's responsibilities. The Determination imposes several obligations on the Clerk of the House of Representatives and the entities involved in the administration of the Parliamentary Service. Primarily, it mandates that the Clerk’s remuneration be set at $455,590 per annum, with adjustments to follow the Tribunal’s advice. Additionally, it places the responsibility on the Speaker of the House of Representatives, in this case, The Hon Andrew Wallace MP, to implement this amendment in accordance with the advice received. The Speaker’s role, as outlined in the Determination, is to make the amendment determination after considering the advice from the Remuneration Tribunal, ensuring the changes are legally and procedurally sound. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination for non-compliance with the amendment. The focus of the Determination is on setting and adjusting the remuneration of the Clerk, without explicitly detailing punitive measures for failure to adhere to the new remuneration schedule. However, the authority of the Speaker and the binding nature of the Remuneration Tribunal's advice imply that any significant deviation from the set remuneration could be subject to review or correction through appropriate legislative or administrative processes. The Determination is effective from 1 July 2022, as stated in the commencement section. This date marks the beginning of the new remuneration conditions for the Clerk of the House of Representatives, ensuring that the changes are implemented promptly and effectively. The timing of the commencement aligns with the annual cycle of remuneration adjustments, allowing for timely updates based on the Tribunal’s advice. In summary, the Determination sets forth the new remuneration for the Clerk of the House of Representatives, imposes obligations on the Clerk and the Speaker to adhere to this new remuneration schedule, and commences on 1 July 2022. It does not specify penalties for non-compliance but relies on the procedural integrity of the Speaker and the authority of the Remuneration Tribunal to enforce the new remuneration conditions.