REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2012/03
Parliamentary Additional Salary and Related Matters
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. Full reasons for the Tribunal’s decisions, as required by s 7A of the Act, are published on the Tribunal’s website.
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.
4. This Determination is compatible with the human rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination does not engage any of the applicable rights or freedoms.
PART 1 – GENERAL
5. Part 1 specifies the authority for and the date of effect of the Determination and supersedes and revokes the previous principal Determination 2011/22. It also defines ‘base salary’ and explains the scope of a reference to a ‘member’ of parliament.
PART 2 – ADDITIONAL SALARY FOR PARLIAMENTARY OFFICE HOLDERS
6. Clause 2.1 provides that the additional salary to be paid to parliamentary office holders is specified in Table 1 of the Determination. Entries for three new offices have been included in the Table: Manager of Opposition Business in the House of Representatives; member of the shadow Cabinet; and member of the outer shadow ministry.
7. Clause 2.2 specifies how authorities are to administer payment of the additional salary.
8. Clause 2.3 specifies the portion of additional salary, of office holders listed in Table 1, that will not count as allowance by way of salary for the purposes of the Parliamentary Contributory Superannuation Act 1948.
9. Clause 2.4, with subclauses 2.4.1 to 2.4.5, limits the number of shadow ministers who may be paid in accordance with the Determination. In general this will mean that there cannot be more shadow ministers paid than ministers in the Government at any time. However, clause 2.4.5 is a transitional provision, in place until the next election at the latest, that recognises the makeup of the shadow ministry current at the time that the Determination was made.
PART 3 - MINISTERS OF STATE
10. Clause 3.1 specifies the portion of additional salary of Ministers of State, that will not count as allowance by way of salary for the purposes of the Parliamentary Contributory Superannuation Act 1948.
Authority: Subsections 7(1), 7(1B), 7(1C), 7(2), 7(2A), 7(4) and 7(5G)
of the Remuneration Tribunal Act 1973