Explanatory Statement: Determination 2013/19
Members of Parliament – Additional Salary for Parliamentary Office Holders
- The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for 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 – ADDITIONAL SALARY
4. Clause 1.1 specifies the Principal Determination (Number 13 of 2013) for the purposes of Part 1 of the Determination.
5. Clause 1.2 changes the wording of clause 3.4.5 so that the end date of the provision contained in that clause is the date of the swearing in of a government following the 2013 election rather than the election date itself.
Authority: Sub-sections 7(1) and 7(4)
of the Remuneration Tribunal Act 1973
Overview
The Determination 2013/19, titled "Members of Parliament – Additional Salary for Parliamentary Office Holders," was enacted in 2013 by the Remuneration Tribunal under the authority granted by the Remuneration Tribunal Act 1973. This legislation was introduced to address the need for adjustments to the remuneration of parliamentary office holders, ensuring their salaries are reviewed and updated in line with the evolving demands and responsibilities of their roles. The Tribunal's determination is grounded in its mandate to consult and make informed decisions on matters related to the remuneration of office holders, thereby maintaining fairness and relevance in their compensation. The policy objective is to ensure that parliamentary office holders are adequately compensated for their duties, reflecting changes such as the swearing-in of a new government following an election.
Scope and Application
The Determination 2013/19, under the Remuneration Tribunal Act 1973, applies to office holders within the Australian Parliament, specifically those holding positions that entitle them to additional salary. This includes Members of Parliament who are designated as office holders, such as the Speaker of the House of Representatives, the President of the Senate, and other parliamentary officials who meet the criteria for receiving supplementary remuneration. The determination is made by the Remuneration Tribunal, which consults and gathers information in accordance with established practices. The geographic and jurisdictional reach of this legislation is within the Commonwealth of Australia, affecting federal parliamentary office holders. Notably, this Determination does not affect the rights of any person to their disadvantage, nor does it impose any liability on such individuals, as it is compliant with subsection 12(2) of the Legislative Instruments Act 2003. The legislation does not specify exclusions, exemptions, or thresholds, but it does note that any retrospective application does not disadvantage any person, ensuring that the rights of individuals are protected. Subordinate instruments may extend or restrict the application of this Determination as necessary.
Key Provisions
The main operative sections of this Determination (F2013L01609) focus on the additional salary for parliamentary office holders. Clause 1.1 (section 4) specifies the Principal Determination (Number 13 of 2013), which sets the framework for Part 1 of the Determination. Clause 1.2 (section 5) amends clause 3.4.5 to extend the end date of the provision, so it now concludes with the swearing in of a government following the 2013 election, rather than the election date itself. This alteration is authorised under sub-sections 7(1) and 7(4) of the Remuneration Tribunal Act 1973.
The Determination imposes specific obligations on the parties or entities it governs. It mandates that the remuneration and related matters for office holders be reviewed and determined by the Remuneration Tribunal in accordance with established practices. The Tribunal is required to consult relevant stakeholders in making these determinations. Additionally, the Determination stipulates that any retrospective application must comply with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of any person (other than the Commonwealth or an authority of the Commonwealth) and does not impose any liability on such a person.
In terms of consequences for breach, the Determination does not explicitly outline offences, penalties, or civil/criminal consequences. However, the authority granted under the Remuneration Tribunal Act 1973 and the Legislative Instruments Act 2003 implies that any non-compliance with the provisions of the Determination could result in legal ramifications. These may include enforcement actions taken by the Tribunal or relevant authorities to ensure adherence to the specified remuneration and related matters for office holders.