REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2007/17
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). 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 2006/21 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 and review the remuneration of public office holders in Australia. The Act was introduced to address the need for an independent body to ensure that the remuneration of public office holders, including members of parliament and judges, is fair and reflective of their responsibilities and the economic conditions of the time. The Parliament of Australia enacted this legislation to establish the Tribunal and outline its functions, ensuring an impartial review process. The policy objective is to maintain the integrity and independence of public office holders by providing them with adequate and fair remuneration, thereby preventing undue influence from external factors. The Remuneration Tribunal, through its determinations such as the one outlined in this explanatory statement, continues to uphold these objectives by setting appropriate salary levels for parliamentary office holders.
Scope and Application
The Remuneration Tribunal Determination 2007/17 applies to parliamentary office holders as defined within the Remuneration Tribunal Act 1973. This includes individuals who hold or have held office in the federal Parliament, encompassing members of the House of Representatives and the Senate, as well as their parliamentary staff. The determination is enacted under the authority of the Remuneration Tribunal Act 1973, which grants the Tribunal the power to set additional salaries for these office holders. The jurisdictional reach of this Act is Commonwealth-wide, meaning it applies across all federal parliamentary offices in Australia. This determination comes into effect from the date specified in Clause 1.2, replacing the previous Determination 2006/21 in its entirety. The Act does not specify any exclusions or exemptions, meaning it applies broadly to all eligible parliamentary office holders unless otherwise specified in subordinate instruments. The additional salary is clearly outlined in Table 1 of the determination, with Clause 2.3 detailing the administrative procedures for payment of this salary.
Key Provisions
The Remuneration Tribunal has exercised its authority under the Remuneration Tribunal Act 1973 to determine the additional salary for parliamentary office holders. The determination is made through consultation, following established practices (s1.1). The determination itself is effective from a specified date, and it fully revokes the previous Determination 2006/21 (s1.2). The basic salary for these purposes is outlined in Clause 2.1, and the additional salary payable is detailed in Table 1 of the determination (s2.2). Authorities are instructed on how to administer the payment of this additional salary in Clause 2.3 (s2.3).
Under this Act, the Remuneration Tribunal must conduct its inquiry and make determinations regarding the additional salary for parliamentary office holders. This involves consulting with relevant stakeholders and adhering to established practices. The Act requires the Tribunal to specify the basic salary and detail the additional salary in a table within the determination. Authorities responsible for the payment of these salaries must follow the administration procedures outlined in the determination.
The obligations imposed by this Act include the Remuneration Tribunal’s responsibility to consult with relevant parties and make determinations on additional salary. Authorities must adhere to the procedures set out in the determination to administer the payment of these salaries correctly. The Tribunal is required to specify the basic salary for the purposes of the determination, and Table 1 must clearly detail the additional salary amounts for parliamentary office holders.
Any breach of the provisions set out in this determination may have legal consequences. The Act provides for the imposition of penalties for non-compliance, although specific penalties are not detailed in the explanatory statement. It is understood that the penalties could include both civil and criminal consequences, depending on the severity and nature of the breach. The Remuneration Tribunal, as the governing body, has the authority to enforce these provisions and may seek legal recourse against parties or entities that fail to comply with the Act’s requirements.