Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2013

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2013 was introduced to address issues pertaining to the remuneration of the Clerk of the Senate, a role critical to the administration of the Senate in Australia. Enacted by the President of the Senate, Senator the Hon John Hogg, following advice from the Remuneration Tribunal, this determination aimed to ensure that the remuneration for the Clerk of the Senate is both fair and reflective of the responsibilities associated with the position. The underlying policy objective is to provide clarity and stability in the remuneration framework for the Clerk of the Senate, thereby maintaining the efficiency and effectiveness of Senate operations. This amendment came into effect on 1 July 2013, as stipulated in the commencement clause, and it replaces the previous remuneration details with new figures and conditions as recommended by the Remuneration Tribunal.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2013 applies specifically to the Clerk of the Senate, a role within the Australian Parliament, and modifies the remuneration and conditions of appointment as determined under the Parliamentary Service Act 1999. The determination is a Commonwealth instrument, reflecting the legislative power of the federal government in determining the salary and other conditions for a key officer within the parliamentary service. The Determination commenced on 1 July 2013, amending the previous Parliamentary Service Determination 2012/1, to adjust the annual remuneration of the Clerk of the Senate to $409,600 and to establish a process for periodic adjustments based on advice from the Remuneration Tribunal. There are no stated exclusions or exemptions within the text of the Determination itself; however, the broader scope and applicability of the Act and any subordinate legislation would need to be considered for a full understanding of its application.

Key Provisions

The main operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2013 (paragraph 1) establish that the Determination commences on 1 July 2013. Section 2 then details specific amendments to the Parliamentary Service Determination 2012/1, most notably concerning the remuneration and conditions of appointment for the Clerk of the Senate. The amendment to Clause 6.1 specifies that the Clerk's total remuneration is set at $409,600 per annum, while Clause 6.2 indicates that the Clerk's remuneration will be adjusted periodically based on advice from the Remuneration Tribunal about general remuneration adjustments. Under this Determination, the primary obligations imposed on the parties or entities it governs are related to the remuneration and conditions of appointment for the Clerk of the Senate. The Determination mandates that the Clerk's total remuneration be set at $409,600 per annum, replacing any previous figures that may have been in effect under Clause 6.1 of the Parliamentary Service Determination 2012/1. Furthermore, Clause 6.2 requires that the Clerk's remuneration be subject to periodic adjustments, which will be informed by the advice from the Remuneration Tribunal concerning general remuneration adjustments. These adjustments ensure that the Clerk's remuneration remains competitive and reflective of broader changes in remuneration within the parliamentary service. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, it does imply that adherence to the stipulated remuneration and periodic adjustments is crucial. Non-compliance with these provisions could potentially lead to legal scrutiny or disputes over the Clerk's remuneration. While the Determination itself does not detail penalties, any breach of the terms set out by the Remuneration Tribunal or failure to adjust remuneration as advised could result in legal consequences, including potential enforcement actions or further legislative amendments.