Remuneration Tribunal Determination 2011/12 - Members of Parliament - Entitlements

Overview

The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, has issued a determination concerning the entitlements of members of Parliament. This determination was introduced to address the need for updated guidelines regarding allowances and other significantly related matters for members of parliament and public office holders. The Remuneration Tribunal Act 1973 empowers the Tribunal to make such determinations, which were made following consultations in accordance with established practices. The explanatory statement clarifies that any retrospective application of these determinations is consistent with the provisions of the Legislative Instruments Act 2003, ensuring that the rights of individuals, apart from the Commonwealth or its authorities, are not adversely affected. This determination particularly focuses on the Resettlement Allowance, modifying its qualification provisions for members and senators elected before and after the 2004 general election, effective from 27 June 2011.

Scope and Application

The Remuneration Tribunal Explanatory Statement Determination 2011/12 pertains to the remuneration and significantly related matters of members of parliament and public office holders, as authorised by the Remuneration Tribunal Act 1973. This determination applies to members and senators elected both before and after the 2004 general election, with specific changes to the qualification provisions for the Resettlement Allowance for those elected post-2004. Notably, the determination clarifies that these members and senators qualify for the Resettlement Allowance if they declare an intention to remain in the workforce after leaving Parliament. The changes specified in Clause 1.2 are effective as of 27 June 2011, and senators who leave Parliament after 30 June 2011 and have already had their Resettlement Allowance approved under the previous provisions are also recognised as qualifying under the new terms. Any retrospective application of this determination is compliant with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of individuals or impose liabilities on them.

Key Provisions

The primary sections of this determination outline the specific changes to the entitlements of Members of Parliament, particularly concerning the Resettlement Allowance. Section 1.1 refers to the Principal Determination (Number 18 of 2006 as amended), which forms the basis of this legislative change. Section 1.2 modifies the qualifying provisions for the Resettlement Allowance, clarifying that members and senators elected at or after the 2004 general election are eligible for this allowance if they declare their intention to remain in the workforce post their parliamentary tenure. Importantly, this amendment applies to members and senators leaving Parliament after 27 June 2011. Section 1.3 sets the effective date for these changes, but also ensures that senators who left Parliament after 30 June 2011 and had their Resettlement Allowance approved under previous terms, are also considered under the new provisions. The Remuneration Tribunal Act 1973 mandates that the Tribunal consult and inform itself through established practices when making determinations regarding remuneration and related matters for members of parliament and public office holders. This determination was made following such consultation, ensuring that it is well-informed and considered. The Act also stipulates that any retrospective application of this determination does not adversely affect the rights of any person other than the Commonwealth or its authorities, and does not impose any new liabilities on such persons. This ensures that the changes are applied fairly and justly, without retroactive penalties or disadvantages. The Remuneration Tribunal has specific obligations under this determination, including ensuring that the Resettlement Allowance is accessible to eligible members and senators. These obligations involve reviewing and approving applications for the allowance, ensuring that all qualifying conditions are met, and making the necessary adjustments to the allowance terms for those who meet the criteria. The Tribunal must also ensure that any retrospective applications of the determination do not negatively impact individuals’ rights or impose new liabilities, in accordance with the Legislative Instruments Act 2003. Failure to comply with the provisions of this determination could result in legal consequences. While the specific offences and penalties are not detailed in the text, breaches of the Remuneration Tribunal Act 1973 or the Legislative Instruments Act 2003 could lead to both civil and criminal penalties. For instance, if an individual or entity fails to adhere to the Tribunal's determinations, they could face legal action, fines, or other penalties as prescribed by the relevant legislation. The exact nature and extent of these penalties would depend on the specific breach and the applicable laws.