Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2018

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2018 was enacted to amend the existing remuneration conditions for the Clerk of the Senate as specified in the Parliamentary Service Determination 2012. This legislation was introduced to address the need for an updated remuneration package for the Clerk of the Senate, reflecting changes in responsibilities and the economic environment since the initial determination was made. The determination was made by the President of the Senate, Senator the Hon Scott Ryan, in accordance with subsection 63(1) of the Parliamentary Service Act 1999, following advice from the Remuneration Tribunal. The policy objective was to ensure that the remuneration for the Clerk of the Senate was fair, reflecting the role's importance and the duties it entails. The amendment set the Clerk’s total remuneration at $426,160 per annum, effective from 15 April 2018.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2018 applies to the Clerk of the Senate, a key administrative role within the Australian Parliament. The Determination amends the Parliamentary Service Determination 2012/1, specifically altering the remuneration and other terms and conditions of appointment for the Clerk of the Senate. The scope of the Act is narrowly focused on setting the annual remuneration for the Clerk of the Senate at $426,160, effective from 15 April 2018. This determination is a direct application of the Parliamentary Service Act 1999, which governs the remuneration and conditions of service for parliamentary officers and staff. The Amendment Determination has a national reach as it pertains to the federal parliament of Australia, thus its application is not restricted by jurisdictional boundaries within the Commonwealth. There are no stated exclusions or exemptions within the Determination itself, though the broader Act may encompass other provisions that govern the scope of its application. The Determination does not extend its application through subordinate instruments but stands as a specific amendment to the 2012 Determination.

Key Provisions

The main operative section of the Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2018 is section 2, which amends the Clerk of the Senate's remuneration and terms of appointment. Specifically, it repeals the previous clause (Clause 6.1 of the Parliamentary Service Determination 2012/1) and substitutes it with a new clause that sets the Clerk's Total Remuneration at $426,160 per annum (section 2). This change was made based on advice from the Remuneration Tribunal and is effective from the commencement date of 15 April 2018. The Act imposes a clear obligation on the Clerk of the Senate to adhere to the updated remuneration as outlined in the amended clause. This adjustment reflects a change in the financial compensation for the role, and it is important that the Clerk is compensated according to this new rate. The amendment also ensures that the Clerk's terms and conditions of appointment are updated in line with the new remuneration figure, maintaining consistency and fairness in the role's compensation. In terms of enforcement and consequences, the Determination itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the remuneration set forth in the Act. However, any failure to adhere to the amended remuneration and terms of appointment could potentially lead to broader legal or administrative consequences, given the legislative framework within which the Clerk operates. The primary focus of this Determination is to ensure that the Clerk of the Senate is compensated appropriately and that the terms of their appointment are clearly defined and updated accordingly.