REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2011/22
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).
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
PART 1 – GENERAL
3. Part 1 specifies the authority for and the date of effect of the Determination and supersedes and revokes in full the previous principal Determination 2010/16. It also explains the scope of a reference to a ‘member of Parliament’. These provisions are substantively unchanged from the previous principal Determination.
PART 2 – ADDITIONAL SALARY AND RELATED MATTERS
4. Clause 2.1 defines the basic salary for the purposes of this Determination, taking into account the changes and transitional arrangements made by the Remuneration and Other Legislation Amendment Act 2011.
5. Clause 2.2 provides that the additional salary to be paid to parliamentary office holders is specified in Table 1 of the determination (as a percentage of the basic salary).
6. Clause 2.3 specifies how authorities are to administer payment of the additional salary.
Authority: Sub-section 7(1)
of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal Act 1973 was enacted to establish a Remuneration Tribunal with the authority to determine the remuneration of various office holders, including members of Parliament. The Act was designed to address the need for an independent body to set fair and appropriate remuneration for public officials, ensuring transparency and accountability in the remuneration process. The Remuneration Tribunal, as established by this Act, operates independently of the government to make decisions on remuneration without political influence.
In 2011, the Remuneration Tribunal issued Determination 2011/22 concerning the additional salary for parliamentary office holders, pursuant to its powers under the Act. This determination followed consultations with relevant stakeholders and aimed to provide updated remuneration figures, reflecting legislative changes and addressing the ongoing need for accurate and timely updates to the salary of parliamentary office holders. The objective of this determination was to ensure that the remuneration remains fair and reflective of the responsibilities and duties of the office holders.
Scope and Application
The Remuneration Tribunal Act 1973 governs the scope and application of the Remuneration Tribunal’s determinations, including the setting of additional salaries for parliamentary office holders. The Act applies to the Remuneration Tribunal itself, which is tasked with determining additional salaries for members of Parliament, thereby affecting the remuneration of these individuals. This legislation applies on a national level across Australia, as it is a Commonwealth Act. The Remuneration Tribunal Act 1973 extends its application through subordinate instruments, which allow for detailed specifications regarding salary calculations and payments as seen in Determination 2011/22. This particular determination outlines the methodology for calculating the additional salary, referencing the basic salary and specifying payment protocols. The application of the Act and its subordinate instruments is comprehensive, covering all parliamentary office holders without specific exclusions or exemptions, except as otherwise detailed in the relevant clauses of the Determination.
Key Provisions
The Remuneration Tribunal, empowered by the Remuneration Tribunal Act 1973, has established the additional salary for parliamentary office holders through Determination 2011/22. This determination outlines the additional remuneration that parliamentary office holders are entitled to, in accordance with Clause 2.2, which specifies the additional salary as a percentage of the basic salary, as defined in Clause 2.1. The basic salary is adjusted to reflect the changes and transitional arrangements made by the Remuneration and Other Legislation Amendment Act 2011. Clause 2.3 details how authorities are to administer the payment of the additional salary.
The obligations under this Act for the parties involved primarily concern the accurate calculation and timely payment of the additional salary as specified in the determination. Authorities are mandated to adhere to the outlined percentage and to ensure that the basic salary is correctly interpreted and applied. They must implement the provisions in Clause 2.3 to administer the payments effectively and transparently. Additionally, the Tribunal must consult with relevant parties as per established practice, ensuring that the determination reflects the most current and relevant information.
Failure to comply with the provisions of this determination can result in several consequences. While the document does not explicitly state offences or penalties, breaches of the Remuneration Tribunal Act 1973 generally may lead to civil or criminal actions. The specific penalties for non-compliance would depend on the nature and severity of the breach. Authorities failing to administer the additional salary correctly might face legal repercussions, including potential fines or other civil penalties as outlined under the Act. The maximum penalties are not specified in this particular determination but are defined within the overarching legislation.