Remuneration Tribunal Determination 2012/21 - Members of Parliament - Entitlements

Overview

The Determination 2012/21, enacted by the Remuneration Tribunal under the Remuneration Tribunal Act 1973, addresses the remuneration and related entitlements of members of the Australian Parliament. This legislative instrument was developed to ensure that the entitlements of office holders are periodically reviewed and updated, aligning with the principle of fair compensation for public service. The determination was made after thorough consultation in accordance with established practice, ensuring that the changes reflect current needs and circumstances. Importantly, this Determination does not apply retrospectively in a way that adversely affects the rights of any person other than the Commonwealth or an authority of the Commonwealth, as stipulated by the Legislative Instruments Act 2003. Moreover, it aligns with human rights standards as declared in international instruments under the scrutiny of the Human Rights (Parliamentary Scrutiny) Act 2011. This Determination modifies specific aspects of the Principal Determination 2012 to allow travel reimbursement for trips between Canberra and other capital cities and regional centres, and to adjust the provisions for parking reimbursement at a terminus when taking approved commercial travel.

Scope and Application

This Determination 2012/21, issued under the Remuneration Tribunal Act 1973, applies to members of Parliament, specifically addressing their entitlements. The Tribunal has established the remuneration and related matters for these office holders, ensuring compliance with the legislative framework. The application of this Determination is retrospective in accordance with the Legislative Instruments Act 2003, provided it does not adversely affect the rights of individuals or impose any new liabilities on them. Importantly, this Determination is consistent with human rights as recognised by international instruments, without infringing on any recognised freedoms. Clause 1.1 of the Determination specifies the Principal Determination (Number 4 of 2012 as amended), while Clause 1.2 extends the allowance for travel between Canberra and other capital cities and regional centres. Clauses 1.3 and 1.4 modify provisions for parking at a terminus, enabling senators and members to claim reimbursement for parking when taking approved commercial travel from such locations.

Key Provisions

The main operative sections of this Determination pertain to the allowances and reimbursements available to members of Parliament. Specifically, Clause 1.2 modifies the Principal Determination to now permit travel between Canberra and other capital cities and regional centres, which was previously disallowed (Clause 1.1). Clauses 1.3 and 1.4 adjust the provisions for parking at a terminus, allowing senators and members to claim reimbursement for parking up to a specified maximum amount if they park at a terminus from which they take approved commercial travel (Sub-sections 7(1), 7(2) and 7(4) of the Remuneration Tribunal Act 1973). This Determination imposes obligations and requirements on the parties it governs, primarily the members of Parliament, to ensure compliance with the newly established allowances and reimbursement provisions. Senators and members must adhere to the specified maximum amounts for parking reimbursement and ensure their travel aligns with the updated allowances. Additionally, they must ensure that any claims for reimbursement are substantiated and comply with the approved commercial travel stipulations. Breach of the provisions set out in this Determination may have legal consequences. Although specific offences and penalties are not detailed in the Determination, it is implied that any non-compliance with the established allowances and reimbursement policies could be subject to scrutiny and potential disciplinary action. The Remuneration Tribunal Act 1973 provides the legislative framework under which such breaches may be addressed, though the exact nature of penalties would depend on the specific circumstances and any applicable internal parliamentary procedures or external legal frameworks.