Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2016 was enacted by the President of the Senate, Senator the Hon Stephen Parry, under the authority of subsection 63(1) of the Parliamentary Service Act 1999. This amendment addresses the need to update the remuneration for the Clerk of the Senate, ensuring it aligns with current market conditions and the responsibilities associated with the role. The determination repeals the previous clause on the Clerk’s remuneration set out in the Parliamentary Service Determination 2012/1 and substitutes it with a new clause specifying the Clerk’s total remuneration as $417,800 per annum, effective from 1 January 2016. This amendment reflects the Remuneration Tribunal's advice and aims to maintain the integrity and efficiency of the Senate’s administrative functions by ensuring fair and competitive remuneration for the Clerk.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2016 applies to the Clerk of the Senate, a designated officer within the Parliamentary Service. This amendment to the Parliamentary Service Determination 2012/1Clerk of the Senate: Remuneration and other conditions of appointment directly modifies the remuneration package for the Clerk of the Senate. It operates under the auspices of the Commonwealth of Australia, as it is made by the President of the Senate in accordance with subsection 63(1) of the Parliamentary Service Act 1999. The Determination specifies that the total annual remuneration for the Clerk of the Senate is set at $417,800, effectively repealing and replacing previous remuneration clauses. There are no explicit exclusions, exemptions, or thresholds mentioned in this Determination, and it stands as a standalone legislative instrument without the need for further extensions or restrictions through subordinate instruments.

Key Provisions

The main operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2016 (the "Determination") establish the new remuneration for the Clerk of the Senate. According to section 2, the Determination amends the Parliamentary Service Determination 2012/1, specifically clause 6.1, which sets the remuneration for the Clerk of the Senate. The amendment repeals the previous clause and substitutes it with a new clause specifying the Clerk’s total remuneration as $417,800 per annum. This is effective from 1 January 2016, as stated in section 1. The Determination imposes specific requirements and obligations on the Clerk of the Senate and other relevant entities. Under section 2, the Clerk of the Senate must receive a total remuneration of $417,800 per annum, as per the substituted clause 6.1. This new remuneration structure must be adhered to by the Clerk and recognised in all agreements or contracts related to their role. Additionally, the determination ensures that the Remuneration Tribunal's advice, as required by subsection 63(1) of the Parliamentary Service Act 1999, is taken into account when making such amendments. The Determination does not explicitly outline offences or penalties for non-compliance with the remuneration provisions. However, breaches of the conditions set by this Determination could potentially lead to legal disputes or administrative actions under the Parliamentary Service Act 1999. The Act itself may provide for certain consequences, such as disciplinary measures or contractual penalties, but these are not detailed within the Determination. The exact nature and extent of penalties for non-compliance would depend on the specific terms of the Clerk’s contract and the broader legal framework governing the Parliamentary Service.