Remuneration Tribunal Determination 2008/02 - Members of Parliament - Travelling Allowance

Overview

The Remuneration Tribunal Explanatory Statement, Determination 2008/02, which addresses the travelling allowance for Members of Parliament, was enacted in 2008 under the authority of the Remuneration Tribunal Act 1973. This legislation was introduced to address the need for fair and adequate remuneration for Members of Parliament, ensuring that their allowances are commensurate with the responsibilities and demands of their roles, particularly with respect to travel requirements. The Remuneration Tribunal, established by the Commonwealth Parliament, is responsible for making determinations concerning the remuneration and related matters for office holders, thereby ensuring that these individuals are appropriately compensated for their service. The policy objective of this determination is to provide clarity and additional allowances for the Chief Whips of the Government and Opposition in the House of Representatives, recognising the additional travel necessitated by their duties. The explanatory statement details that the Tribunal has undertaken its inquiry and determination in accordance with established practices, including necessary consultations. Importantly, any retrospective application of this determination is consistent with subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of individuals other than the Commonwealth or its authorities, nor does it impose any liability on such individuals. The determination specifies a maximum entitlement of ten nights for the travelling allowance up to 30 June 2008, with any further entitlements to be determined at a later date. This approach reflects the Tribunal's commitment to reviewing and adjusting allowances as necessary to maintain fairness and adequacy in the remuneration of Members of Parliament.

Scope and Application

The Remuneration Tribunal, pursuant to its powers under the Remuneration Tribunal Act 1973, has made a determination regarding the remuneration of Members of Parliament, specifically addressing their travelling allowances. This determination, encapsulated in Determination 2008/02, applies to the Chief Whips of the Government and Opposition in the House of Representatives, providing them with additional access to a travelling allowance when their duties necessitate travel away from their home base and Canberra. The allowance is capped at ten nights up until 30 June 2008, with any further entitlement to be determined at a later date. This determination adheres to the legislative requirements and ensures that its retrospective application does not adversely affect the rights of any individual, as stipulated under subsection 12(2) of the Legislative Instruments Act 2003. The authority for this determination is derived from sub-sections 7(1), 7(2), and 7(4) of the Remuneration Tribunal Act 1973.

Key Provisions

The primary operative sections of the Remuneration Tribunal Determination 2008/02, particularly those relevant to Members of Parliament, include Clause 1.1, which specifies the Principal Determination (Number 15 of 2007), and Clause 1.2, which provides additional access to a travelling allowance for the Chief Whips of the Government and Opposition in the House of Representatives. According to Clause 1.1, the Principal Determination is referenced to ensure clarity and consistency in applying the remuneration guidelines. Clause 1.2, supported by Clause 1.3, sets a maximum entitlement of ten nights up to 30 June 2008 for the Chief Whips when their duties necessitate travel away from their home base and Canberra. Any further entitlement beyond this period will be subject to future determinations. The Remuneration Tribunal Act 1973 imposes specific obligations on the parties governed by this determination. The Tribunal is mandated to consult established practices to inform its determinations, as indicated in the Explanatory Statement. Additionally, the Tribunal must ensure that any retrospective application of its decisions does not adversely affect the rights of individuals, other than the Commonwealth or its authorities, and does not impose any liabilities on them. This is in line with subsection 12(2) of the Legislative Instruments Act 2003. The determination must also adhere to the authority granted under sub-sections 7(1), 7(2), and 7(4) of the Remuneration Tribunal Act 1973, ensuring that the provisions are legally sound and within the scope of the Tribunal’s powers. In terms of consequences for non-compliance, the Explanatory Statement does not explicitly outline specific offences or penalties for breaches of the Determination. However, any actions that deviate from the provisions of the Remuneration Tribunal Act 1973 and the Legislative Instruments Act 2003 could potentially lead to legal repercussions. For instance, if the Tribunal makes a determination that adversely affects the rights of individuals or imposes liabilities contrary to subsection 12(2) of the Legislative Instruments Act 2003, it could face legal challenges. While the determination itself does not specify maximum penalties, breaches of the Remuneration Tribunal Act 1973 could incur penalties as outlined in the primary legislation, which may include fines or other sanctions as deemed appropriate by the relevant authorities.