REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2005/17
Parliamentary Office Holders – Additional Salary
1. The Remuneration Tribunal has inquired into and determined the additional salary for parliamentary office holders, as it is empowered to do by the Remuneration Tribunal Act 1973 (the Act). The Tribunal has decided that no change should be made to the levels of additional salary.
In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
PART 1 – GENERAL
2. Clause 1.1 specifies the authority for the determination and administration matters.
3. Clause 1.2 sets the date of effect for this determination and revokes Determination 2005/02 in full.
PART 2 – ADDITIONAL SALARY AND RELATED MATTERS
4. Clause 2.1 outlines how to determine the basic salary for the purposes of this Determination.
5. Clause 2.2 provides that the additional salary to be paid to parliamentary office holders is specified in Table 1 of the determination.
6. Clause 2.3 specifies how authorities are to administer payment of the additional salary.
Authority: Sub-section 7(1)
of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal Act 1973 was enacted to provide a framework for the Remuneration Tribunal to determine the remuneration of various public office holders, including parliamentary office holders. This Act was introduced to ensure that the remuneration of these officials is reviewed and adjusted periodically to reflect changes in living standards and other relevant factors, thereby maintaining the integrity and efficiency of the public service. The Remuneration Tribunal, established under this Act, has the authority to conduct inquiries and make determinations regarding the remuneration of public officials, as seen in Determination 2005/17 concerning the additional salary for parliamentary office holders. In this particular determination, the Tribunal decided against any changes to the existing levels of additional salary after considering relevant consultations. This determination was made under the authority granted by Subsection 7(1) of the Act, ensuring the process aligns with established legislative practices.
Scope and Application
The Remuneration Tribunal Act 1973 establishes the framework for the Remuneration Tribunal to determine salaries and other remuneration for specified office holders in Australia. This includes parliamentary office holders, as evidenced by Determination 2005/17 concerning additional salary. The Act applies to individuals who hold parliamentary positions, which can include members of federal and state parliaments, as well as certain officers and officials within the parliamentary system. The Tribunal's jurisdiction extends across the Commonwealth, meaning it has a national reach in its determinations. The Act empowers the Tribunal to make decisions on remuneration without any stated exclusions or thresholds, but its application can be extended or restricted through subordinate instruments such as the determinations it issues. Determination 2005/17, for instance, outlines specific salary levels for parliamentary office holders and revokes previous determinations, illustrating how the Tribunal can adjust its application over time.
Key Provisions
The Remuneration Tribunal has exercised its powers under the Remuneration Tribunal Act 1973 (the Act) to determine the additional salary for parliamentary office holders, as outlined in Determination 2005/17. According to Clause 1.1, this determination is made in accordance with the authority and administration provisions set forth in the Act. The determination specifies that no change should be made to the existing levels of additional salary for parliamentary office holders (Clause 2.2). The basic salary for these purposes is defined in Clause 2.1, and the actual additional salary amounts are detailed in Table 1 of the determination. Clause 2.3 then outlines the administrative procedures for the payment of these additional salaries.
The obligations imposed by this determination are primarily administrative. Under Clause 1.2, the determination revokes the previous Determination 2005/02 in its entirety and sets the date of effect for this new determination, thereby establishing a clear timeline for implementation. The Tribunal must ensure that the consultation process, as per established practice, is followed in making these determinations (Clause 1.1). Furthermore, authorities responsible for administering the payment of additional salaries must adhere to the procedures specified in Clause 2.3.
Breach of the obligations or requirements set forth in this determination may lead to various consequences. While the specific penalties are not detailed in the determination itself, breaches of provisions under the Remuneration Tribunal Act 1973 could potentially result in civil or criminal penalties, depending on the nature and severity of the breach. Typically, penalties for such breaches could include fines or other sanctions, but the exact penalties would be governed by other relevant legislation or administrative guidelines. The Act itself does not specify maximum penalties for breaches of this particular determination.