Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2019

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2019, issued by Senator the Hon Scott Ryan, President of the Senate, is an amendment to the existing Parliamentary Service Determination 2012/1. This Determination was introduced to address the need for an updated remuneration package for the Clerk of the Senate, in light of advice from the Remuneration Tribunal. The determination was made under subsection 63(1) of the Parliamentary Service Act 1999 and commenced on 1 July 2019. The primary objective of this amendment is to revise the remuneration and other terms and conditions of appointment for the Clerk of the Senate, with the new annual total remuneration set at $443,390. This amendment to the Parliamentary Service Determination 2012/1, specifically Clause 6.1, repeals the previous clause and substitutes it with the updated remuneration figure for the Clerk of the Senate. By doing so, the determination ensures that the Clerk's remuneration aligns with the recommendations of the Remuneration Tribunal and the broader objectives of the Parliamentary Service Act 1999.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2019 applies specifically to the Clerk of the Senate, a key position within the Australian Parliament. The Determination, made by the President of the Senate, amends the remuneration for the Clerk of the Senate, setting their total annual remuneration at $443,390. This amendment was made following advice from the Remuneration Tribunal and came into effect on 1 July 2019. The jurisdictional reach of this Determination is confined to the Commonwealth of Australia, as it pertains to the federal parliamentary service. The Determination directly affects the individual in the role of the Clerk of the Senate at the time of its commencement and does not extend to any other parliamentary roles or positions. Subordinate instruments may further detail or implement specific aspects of this remuneration amendment, but the primary scope remains the adjustment of the Clerk's salary as outlined.

Key Provisions

The key operative sections of the Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2019 (the Determination) include the commencement date (section 1) and the amendment to the Clerk’s remuneration (section 2). Section 1 states that the Determination commenced on 1 July 2019. Section 2 amends the Parliamentary Service Determination 2012/1, specifically clause 6.1, to change the Clerk’s total remuneration from its previous amount to $443,390 per annum. The Determination imposes obligations and requirements on the parties it governs, primarily the Clerk of the Senate and the Remuneration Tribunal. It mandates that the Clerk’s remuneration be set at $443,390 per annum, as specified in section 2. This is a direct amendment to the existing terms and conditions of the Clerk’s appointment, ensuring that the remuneration is updated in accordance with the advice received from the Remuneration Tribunal. While the Determination itself does not explicitly outline offences, penalties, or civil/criminal consequences for breaches, the underlying legislation, the Parliamentary Service Act 1999, governs the enforcement of such compliance. Breaches of the terms and conditions set forth in the Act could potentially lead to civil or criminal liability, depending on the nature and severity of the breach. The penalties for such breaches would be determined in accordance with the relevant sections of the Act, and could include fines or other sanctions as prescribed by law. It is important for the parties governed by this Determination to adhere to the stipulated remuneration to avoid any potential legal repercussions.