REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2009/20
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 2008/19 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.
7. Clause 2.4 defines the term ‘member of Parliament’ as it is used in the Determination, to distinguish it from expressions signifying membership of one House or the other.
Authority: Sub-section 7(1)
of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal Determination 2009/20, issued under the authority of the Remuneration Tribunal Act 1973, addresses the need to determine the additional salary for parliamentary office holders. This determination was enacted to ensure that the remuneration of these office holders is reviewed and adjusted appropriately in accordance with the functions of the Remuneration Tribunal. The determination, which revokes the previous Determination 2008/19 in its entirety, sets out the process for calculating and administering the additional salary payable, as well as defining key terms used in the determination. The objective of this legislation is to provide clarity and consistency in the remuneration of parliamentary office holders, ensuring it remains fair and reflective of their roles and responsibilities within the parliamentary system.
Scope and Application
The Remuneration Tribunal, as authorised by the Remuneration Tribunal Act 1973, has determined an additional salary for parliamentary office holders, specifically members of Parliament as defined in this Determination. This Act applies to individuals holding office as members of Parliament, thereby extending its application to all such office holders in Australia. The Tribunal's jurisdiction is national, reflecting the Commonwealth's constitutional and legislative framework. The Determination is effective from a specified date and revokes the previous Determination 2008/19 in its entirety. The determination is made in consultation with established practices and is set out in detailed clauses, including how basic salary is determined, the specifics of the additional salary outlined in Table 1, and the administrative processes for salary payment. This Determination does not include any stated exclusions or exemptions, applying uniformly to all parliamentary office holders as defined. Any further extension or restriction of application is managed through subordinate instruments or subsequent determinations by the Tribunal.
Key Provisions
The main operative sections of the Remuneration Tribunal Determination 2009/20 (Clause 2.2) outline the specifics of the additional salary for parliamentary office holders. This salary is specified in Table 1 of the determination and represents a clear, defined amount that will be paid on top of the base salary for these positions. Clause 2.1 provides the methodology for determining the basic salary, ensuring that the additional salary is accurately calculated and applied. Clause 2.3 details the administrative processes governing the payment of this additional salary, while Clause 2.4 defines the term 'member of Parliament' to avoid any ambiguity regarding who is eligible for this additional remuneration.
The obligations imposed by the Act on the parties involved are primarily administrative and procedural. According to Clause 1.1, the Remuneration Tribunal must consult in accordance with established practice when making such determinations. Clause 1.2 sets the effective date of the determination and revokes the previous Determination 2008/19 in its entirety, ensuring a clear and updated framework for salary determination. Additionally, Clause 2.3 places the responsibility on the relevant authorities to administer the payment of the additional salary as specified in the determination, ensuring that the process is transparent and compliant with the established guidelines.
Failure to comply with the provisions of this determination could lead to legal consequences. While the specific penalties are not detailed in the text, breaches of provisions under the Remuneration Tribunal Act 1973 (as referenced in Clause 1.1) can result in both civil and criminal penalties. The Act empowers the Tribunal to enforce compliance, and breaches could potentially lead to legal action against non-compliant parties, with penalties that may include fines or other sanctions as determined by the courts. The maximum penalties, however, are not specified in the provided text but would typically be outlined in the Remuneration Tribunal Act 1973.