Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2023

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2023 was enacted to revise the remuneration and conditions of employment for the Clerk of the House of Representatives. This amendment, made under the authority of subsection 63(1) of the Parliamentary Service Act 1999, was introduced to address the need for an updated remuneration framework for the Clerk, reflecting the advice from the Remuneration Tribunal. The determination was made by The Hon Milton Dick MP, the Speaker of the House of Representatives, and it aims to provide a clear and adjusted remuneration package that aligns with contemporary standards and expectations. This amendment seeks to ensure that the remuneration for the Clerk of the House of Representatives is reviewed and adjusted annually, thereby maintaining its relevance and fairness within the parliamentary service framework.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the House of Representatives) Determination 2023 applies to the Clerk of the House of Representatives, who is an individual employed within the Commonwealth Parliament. This legislation modifies the remuneration and other conditions of employment for the Clerk, who is a pivotal role within the administration of the House of Representatives. The amendment is made under the authority of subsection 63(1) of the Parliamentary Service Act 1999 and is effective from 1 July 2023. It specifically replaces the remuneration clause of the Parliamentary Service Determination 1 of 2019 to set the total remuneration for the Clerk at $473,820 per annum, with future adjustments to be made annually based on advice from the Remuneration Tribunal. This determination is strictly within the Commonwealth jurisdiction and does not extend to other entities, industries, or persons outside the specified role within the Parliament.

Key Provisions

The main operative sections of this amendment determination are those that specify the new remuneration for the Clerk of the House of Representatives, effective from 1 July 2023. Specifically, section 2.1 of the determination substitutes the previous remuneration clause with a new one that sets the annual remuneration for the Clerk at $473,820, with adjustments to be made annually based on advice from the Remuneration Tribunal (section 2.1). The obligations imposed by this determination primarily concern the financial commitment of the House of Representatives to the remuneration of the Clerk. The House must ensure that the Clerk receives the adjusted remuneration as per the advice of the Remuneration Tribunal, reflecting the updated clause in the Parliamentary Service Determination 1 of 2019 (section 2). The determination also obligates the House to comply with the conditions set forth by the Remuneration Tribunal, including any adjustments to the remuneration that may be recommended in future advice (section 2.1). In terms of legal consequences, the determination itself does not explicitly outline offences or penalties for non-compliance. However, failure to adhere to the updated remuneration conditions could potentially lead to disputes or legal challenges, particularly if the Clerk or other parties believe that the remuneration is not being appropriately adjusted or disbursed. The primary consequence of non-compliance would likely stem from the resultant dispute, which might need to be resolved through the courts or other legislative processes. The specific maximum penalties or civil/criminal consequences are not detailed in this determination, but any breaches of the remuneration conditions could lead to significant legal ramifications.