Remuneration Tribunal Determination 2006/23 - Remuneration and Allowances for Holders of Public Office and Members of Parliament

Administered by Department of Employment and Workplace Relations

Legislation au F2007L00074 Not in force Legislative Instrument

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REMUNERATION TRIBUNAL

 

Explanatory Statement: Determination 2006/23

Remuneration and Allowances for Holders of Public Office and Members of Parliament

 

1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.

 

2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.

 

3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.

 

PART 1 – FULL-TIME OFFICES

 

5.                  Clause 1.1 specifies the Principal Determination (Number 13 of 2006 as amended) for the purposes of Part 1 of the Determination.

 

6.                  Clause 1.2 advises that the Tribunal has inquired into the levels of remuneration and related matters for office holders and has decided that no changes should be made to the Principal Determination.

 

PART 2 – SPECIFIED STATUTORY OFFICERS

 

7.                  Clause 2.1 specifies the Principal Determination (Number 5 of 2006 as amended) for the purposes of Part 2 of the Determination.

 

8. Clause 2.2 advises that the Tribunal has inquired into the levels of remuneration and related matters for office holders and has decided that no changes should be made to the Principal Determination.

 

 

PART 3 – PART-TIME OFFICES

 

9.                  Clause 3.1 specifies the Principal Determination (Number 12 of 2006 as amended) for the purposes of Part 3 of the Determination.

 

10.             Clause 3.2 specifies the annual fee for the Chairman of the ABC in lieu of the previous specified annual fee.

 

11.             Clause 3.3 removes the reference to Mr McDonald as Chairman of the ABC.

 

12.             Clause 3.4 inserts an annual fee of $29,000 for members of the Pharmaceutical Benefits Advisory Committee (PBAC) and the associated clause 3.5 removes reference to the PBAC from Schedule B of the Determination.

 

13.             Clause 3.6 specifies the annual fee for the Chairman and Members of the Australian Fair Pay Commission in lieu of the previous specified annual fees.

 

14.             Clause 3.7 provides that the Chairman and Members will receive an additional daily fee as specified for each day above 35 days per annum, with the additional daily fee to apply for up to a maximum of 85 and 55 days, respectively, per annum.

 

15.             Clauses 3.8 provides that clauses 3.2 to 3.7 take effect on and from 1 January 2007.

 

16.             Clause 3.9 advises that the Tribunal has inquired into the levels of fees and allowances for office holders and has decided that no other changes should be made to the Principal Determination.

 

PART 4 – MEMBERS OF PARLIAMENT - TRAVELLING ALLOWANCE

 

17.             Clause 4.1 specifies the Principal Determination (Number 14 of 2006 as amended) for the purposes of Part 4 of the Determination.

 

18.             Clause 4.2 amends Table 2A in clause 2.13 of the Principal Determination, to increase, from 12 to 30, the maximum number of nights per year for which senators, except senators from the Northern Territory, may claim travelling allowance for overnight stays within their electorates when travelling on parliamentary or electorate business.  The maximum numbers of overnight stays per year are otherwise unchanged.
 

 

 

 

 

 

PART 5 – MEMBERS OF PARLIAMENT - ENTITLEMENTS

 

19.             Clause 5.1 specifies the Principal Determination (Number 18 of 2006 as amended) for the purposes of Part 5 of the Determination.

 

20.             Clause 5.2 updates the heading for Part 8 of the Principal Determination.

 

21.             Clause 5.3 inserts three new clauses into the Principal Determination, to provide a Resettlement Allowance to Members of Parliament who have been elected since 2001; who are not able to access a pension or superannuation benefit immediately upon ceasing to be a Member of the Parliament; and who have lost party endorsement to contest an election (other than in cases of misconduct) and/or are defeated at an election.

 

PART 6 –PARLIAMENTARY OFFICE HOLDERS – ADDITIONAL SALARY

 

22.             Clause 6.1 specifies the Principal Determination (Number 21 of 2006) for the purposes of Part 6 of the Determination.

 

23.             Clause 6.2 amends Table 1 of the Principal Determination to provide additional salary for Deputy Chairmen of certain Parliamentary Committees at a rate of 50% of the additional salary is paid to the relevant Committee Chairman.

 

Authority: Sub-sections 7(1), 7(3) and 7(4) of

the Remuneration Tribunal Act 1973.

Overview

The Remuneration Tribunal Determination 2006/23 was enacted to establish and regulate the remuneration and allowances for holders of public office and members of Parliament in Australia. This determination, made under the authority of the Remuneration Tribunal Act 1973, aims to ensure that remuneration for public office holders is fair and competitive while reflecting the responsibilities and demands of their roles. The determination addresses the need for transparency and consistency in the remuneration process for various public office holders and parliamentary members. It was enacted by the Remuneration Tribunal, which is tasked with reviewing and setting remuneration levels for public office holders and members of Parliament, ensuring that these levels are appropriate and in line with the duties and obligations of the respective offices. The policy objective of this determination is to maintain a balanced and equitable remuneration structure that reflects the changing nature of public service and parliamentary duties.

Scope and Application

The Remuneration Tribunal Determination 2006/23 under the Remuneration Tribunal Act 1973 establishes remuneration and allowances for various office holders in Australia, including full-time and part-time office holders, specified statutory officers, Members of Parliament, and parliamentary office holders. This legislation applies to public office holders at the federal level and does not extend to state or territory officers unless specifically mentioned. The Tribunal’s determination includes no changes to remuneration for full-time offices and specified statutory officers but introduces new allowances and fees for part-time offices, including changes for the Chairman of the ABC, the Pharmaceutical Benefits Advisory Committee, and the Australian Fair Pay Commission. Members of Parliament now have an increased allowance for overnight stays within their electorates, and a new Resettlement Allowance is introduced for certain Members who meet specific criteria. Additionally, Deputy Chairmen of certain Parliamentary Committees are entitled to an additional salary. This Determination is applicable nationally and is subject to amendments through subordinate instruments as authorised by the Remuneration Tribunal Act 1973.

Key Provisions

The Determination 2006/23 from the Remuneration Tribunal outlines various provisions for remuneration and allowances for holders of public office and members of parliament. The principal determinations (Numbers 13, 5, 12, 14, 18, and 21 of 2006 as amended) are referenced in various parts of the determination. Clauses 1.2, 2.2, 3.2, and 3.9 explicitly state that the Tribunal decided no changes should be made to these Principal Determinations. However, specific adjustments are made in other clauses, such as changes in fees for the Chairman of the ABC, the Pharmaceutical Benefits Advisory Committee (PBAC), and the Australian Fair Pay Commission, among others. The obligations and requirements imposed by this Act are primarily to maintain and review the remuneration and allowances for public office holders and members of parliament. The Tribunal is empowered to make these determinations under the Remuneration Tribunal Act 1973 and must consult as part of its established practice. The Determination also mandates that any retrospective application must comply with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of individuals other than the Commonwealth or its authorities, nor impose any liabilities on such individuals. Regarding offences, penalties, or consequences for breaches, the Determination itself does not explicitly outline penalties for non-compliance. However, the Remuneration Tribunal Act 1973 and the Legislative Instruments Act 2003 may provide the legal framework under which penalties or consequences for non-compliance could be enforced. The maximum penalties would typically depend on the specific nature of the breach and the relevant statutory provisions governing such actions. Nonetheless, the Determination ensures that any retrospective application adheres to the legal standards set to protect individual rights and liabilities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.