Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2022

Overview

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2022, made under subsection 63(1) of the Parliamentary Service Act 1999, addresses the remuneration of the Clerk of the Senate. This determination was introduced to amend the Parliamentary Service Determination 2012/1, specifically altering the remuneration and terms of appointment for the Clerk of the Senate. The determination, which came into effect on 1 July 2022, was made by the President of the Senate, Senator the Hon Slade Brockman, following advice from the Remuneration Tribunal. The principal policy objective behind this amendment is to ensure that the remuneration of the Clerk of the Senate is set at a level reflective of the responsibilities and requirements of the position, thereby maintaining the integrity and efficiency of the Senate's administrative functions.

Scope and Application

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2022 applies specifically to the Clerk of the Senate, who is a key position within the Australian Parliament. This legislation amends the Parliamentary Service Determination 2012/1, altering the total remuneration for the Clerk of the Senate to $455,590 per annum. The amendment was made under the authority of subsection 63(1) of the Parliamentary Service Act 1999 and was enacted following advice from the Remuneration Tribunal. The new remuneration terms are applicable from the commencement date of 1 July 2022, effectively replacing the previous clause concerning the Clerk's remuneration and other terms of appointment. This amendment is limited to the remuneration of the Clerk of the Senate and does not extend to other positions or members of the Parliamentary Service, ensuring that the changes are narrowly focused on the specified role.

Key Provisions

The Parliamentary Service (Remuneration) Amendment (Clerk of the Senate) Determination 2022 amends the Parliamentary Service Determination 2012/1, specifically altering the remuneration of the Clerk of the Senate. Under section 2 of the Determination, Clause 6.1, the previous clause is repealed and replaced with a new clause that sets the Clerk’s total remuneration at $455,590 per annum. This amendment, which came into effect on 1 July 2022, directly impacts the financial compensation package for the Clerk of the Senate. The Determination imposes a clear obligation on the Senate to adhere to the new remuneration terms for the Clerk of the Senate as stipulated in Clause 6.1. This means that the Senate must ensure the Clerk receives the annual remuneration of $455,590 as set forth in this Determination. Furthermore, the Determination highlights the formal process through which such amendments are made, requiring the President of the Senate to act upon advice from the Remuneration Tribunal before effectuating any changes. In terms of potential consequences, the Determination does not explicitly outline specific offences or penalties for non-compliance with the new remuneration terms. However, any breach of the terms set by the Determination could lead to legal scrutiny or proceedings, particularly if it is found that the Senate has failed to meet the financial obligations towards the Clerk of the Senate. The lack of specified penalties in the Determination suggests that any enforcement actions would be subject to broader legislative frameworks and judicial interpretations.