REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2011/20
Members of Parliament - Entitlements
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for members of parliament and public office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person’s disadvantage, nor does it impose any liability on such a person.
PART 1 – MEMBERS OF PARLIAMENT
4. Clause 1.1 specifies the Principal Determination (Number 18 of 2006 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 and 1.3 increase the maximum amount of charter allowance available per year to eligible senators and members, with effect on and from 1 July 2011.
6. Clause 1.4 adjusts the Resettlement Allowance. The basic payment will be three months’ pay, rather than 12 weeks. In addition, a member or senator who has served more than one term in the Parliament, and who is entitled to the basic Resettlement Allowance, will be entitled to an additional three months’ pay.
Authority: Sub-sections 7(1), 7(2), and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal, established under the Remuneration Tribunal Act 1973, has enacted a determination concerning the entitlements of members of parliament and public office holders. This determination, which is informed by consultation practices as per established procedures, addresses the need to ensure that the remuneration and related matters for such officials are reviewed and adjusted appropriately. The Remuneration Tribunal's authority to make these determinations is explicitly outlined in the Act, ensuring that the entitlements are aligned with the needs of the officeholders and the legislative framework. Importantly, any retrospective application of this determination is in accordance with the provisions of the Legislative Instruments Act 2003, ensuring that it does not adversely affect individuals other than the Commonwealth or its authorities, nor does it impose any liabilities on such individuals.
Scope and Application
The Remuneration Tribunal Determination 2011/20 pertains to the remuneration and associated entitlements for members of parliament and public office holders in Australia, operating under the authority granted by the Remuneration Tribunal Act 1973. This determination applies specifically to members of parliament and public office holders, setting out their entitlements including adjustments to charter and resettlement allowances. The application of this determination is governed by the legislative instruments and consultation practices established under the Tribunal's mandate. Notably, the 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. The determination extends to all members of parliament and public office holders within the Commonwealth jurisdiction, with specific clauses addressing the adjustments to allowances effective from 1 July 2011. Subordinate instruments may further detail the application and implementation of these entitlements.
Key Provisions
The Remuneration Tribunal has established the determination under the Remuneration Tribunal Act 1973, focusing on the remuneration and related matters for members of parliament and public office holders. This determination, specifically Determination 2011/20, is rooted in consultation practices and is intended to set the terms for the entitlements of these public officials. The Tribunal's process involves consulting as per established norms, ensuring a well-considered and balanced approach to remuneration.
This determination imposes several key obligations on members of parliament and other public office holders. Notably, it increases the maximum annual charter allowance for eligible senators and members, effective from 1 July 2011. Furthermore, it revises the Resettlement Allowance, stipulating that the basic payment will now be three months’ pay instead of 12 weeks, and adds an additional three months’ pay for those who have served more than one term. These changes are designed to reflect updated considerations and provide fair compensation for the duties and responsibilities undertaken by these officials.
The determination also outlines the potential consequences of non-compliance. Although specific offences, penalties, or consequences are not detailed in the text provided, it is implied that any breach of the determined terms could lead to legal repercussions. Under Australian law, such breaches could result in civil or criminal penalties, depending on the severity and nature of the breach. The maximum penalties for breaches of legislative instruments are typically severe, reflecting the importance of adhering to the determined terms for the integrity of public office and remuneration practices.
In terms of retrospective application, the determination does not affect the rights of any individual to their disadvantage, nor does it impose any liability on such individuals. This is explicitly stated to comply with subsection 12(2) of the Legislative Instruments Act 2003, ensuring that the determination does not have an adverse impact on those who were not directly involved in the decision-making process or who were not aware of the changes at the time they occurred. The careful wording ensures that the determination is fair and just, protecting the rights of all involved.