Remuneration Tribunal Determination 2009/19 - Members of Parliament - Entitlements

Overview

The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, plays a critical role in determining the entitlements of members of the Parliament. Enacted by the Parliament of Australia, the Act was introduced to ensure that members of Parliament receive appropriate remuneration that reflects their roles and responsibilities. The 2009/19 determination by the Tribunal addresses specific allowances for members, including the removal of certain communications allowances and their consolidation under the Parliamentary Entitlements Act 1990. This determination reflects the Tribunal's commitment to regularly reviewing and updating entitlements to maintain fairness and transparency in the remuneration of federal parliamentarians, thereby upholding the policy objective of equitable compensation for parliamentary service.

Scope and Application

The Remuneration Tribunal Determination 2009/19, made under the Remuneration Tribunal Act 1973, applies specifically to members of the Australian Parliament, addressing their entitlements and allowances. The scope of this legislation encompasses the financial and other benefits due to individuals who serve in the Parliament, ensuring they are appropriately compensated for their roles. This includes the adjustment and revision of allowances as necessitated by changes in the broader legislative framework, such as the integration of new provisions under the Parliamentary Entitlements Act 1990. The geographic reach of this Act is national, affecting all members of the Parliament regardless of the state or territory they represent. The determination clarifies that certain allowances, such as the Communications Allowance, are now governed by the regulations under the Parliamentary Entitlements Act 1990, rather than being part of the Remuneration Tribunal's direct purview. This legislative amendment ensures that entitlements are aligned with current legislative standards and practices.

Key Provisions

The primary sections of this determination (sections 1.1 to 1.3) reference and modify the Principal Determination (number 18 of 2006 as amended) concerning allowances for Members of Parliament. Specifically, the determination excludes certain entitlements that were previously provided under the Principal Determination, namely the Communications Allowance and the ability to aggregate this allowance with another allowance. These exclusions are made in light of the new provisions under the Parliamentary Entitlements Act 1990, which now cover similar entitlements. This alignment ensures that there is no duplication in entitlements and that the allowances are consistent with the updated regulations. The obligations imposed by this determination on the parties involved, primarily the Remuneration Tribunal and Members of Parliament, include ensuring compliance with the modified allowances as specified. The Tribunal is obligated to consult and inform itself through established practices, as mandated by the Remuneration Tribunal Act 1973, particularly under sub-sections 7(1), 7(2), and 7(4). Members of Parliament must adhere to the updated allowances and entitlements as set out in this determination, which now reflect the changes in the Parliamentary Entitlements Act 1990. The consequences for non-compliance with this determination are not explicitly detailed within the text provided, but generally, breaches of Remuneration Tribunal determinations can lead to legal actions. The Tribunal has the authority to enforce its determinations, and any failure to comply could result in civil or administrative penalties. These could include corrective actions, financial penalties, or other measures deemed necessary to ensure adherence to the determinations. The specific penalties would depend on the nature and severity of the breach, as well as the applicable laws governing the Tribunal's enforcement powers.