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 adjust the remuneration of the Clerk of the Senate, a key administrative role within the Australian federal Parliament. This amendment was introduced to address the need for updated remuneration that reflects the responsibilities and complexities of the role as assessed by the Remuneration Tribunal. The determination was made by the President of the Senate, Senator the Hon Scott Ryan, following advice from the Tribunal, and it aims to ensure fair compensation for the Clerk, who plays a crucial role in the functioning of the Senate. This legislative action underscores the importance of maintaining equitable and competitive remuneration for roles that are pivotal to the legislative process in Australia. The Determination commenced on 1 July 2018, replacing the previous clause with a new specified annual remuneration for the Clerk of the Senate.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2018 applies to the Clerk of the Senate, a key position within the Australian Parliamentary Service. 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. Effective from 1 July 2018, the new total annual remuneration for the Clerk is set at $434,690, reflecting adjustments made by the Remuneration Tribunal and approved by the President of the Senate. This amendment ensures that the remuneration of the Clerk of the Senate aligns with the recommendations of the Tribunal and the legislative framework provided by the Parliamentary Service Act 1999. The Determination itself does not explicitly state any exclusions or exemptions, and it is made within the jurisdictional scope of the Commonwealth of Australia, impacting only the specified position within the Australian Parliament.

Key Provisions

The main operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2018 (the Determination) are the commencement clause and the amendment clause. Section 1 states that the Determination commences on 1 July 2018. Section 2 outlines the specific changes to the Parliamentary Service Determination 2012/1, which concerns the remuneration and other terms and conditions of appointment for the Clerk of the Senate. Under section 2, Clause 6.1 of the 2012/1 Determination is repealed and substituted with a new clause setting the Clerk’s Total Remuneration at $434,690 per annum. The Determination imposes clear obligations on the Clerk of the Senate by setting the total remuneration for the position. This means that the Clerk is entitled to an annual salary of $434,690, and any other terms and conditions of appointment must align with this new remuneration figure. The Determination ensures that the Clerk’s remuneration is updated to reflect any changes recommended by the Remuneration Tribunal and approved by the President of the Senate. There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination itself for breach of its provisions. However, the Determination is made under the authority of the Parliamentary Service Act 1999, which may include provisions for enforcement and penalties for non-compliance with its terms. For example, any failure to adhere to the remuneration and terms set by the Determination could lead to legal action or disciplinary measures under the broader legislative framework of the Act. The maximum penalties would be determined by the specific provisions of the Parliamentary Service Act 1999, not by the Determination itself.