Remuneration Tribunal Determination 2014/05 - Members of Parliament - Additional Salary for Parliamentary Office Holders

Overview

The Determination 2014/05, issued under the Remuneration Tribunal Act 1973, addresses the issue of additional salary for office holders within the Australian Parliament, specifically targeting the remuneration for the Chair and Deputy Chair of the Joint Standing Committee on Electoral Matters. This determination was enacted to ensure that remuneration for these roles remains competitive and reflective of the responsibilities involved. The Remuneration Tribunal, empowered by the Act, conducted consultations in line with established practices to inform this determination. It is noteworthy that any retrospective application of this determination adheres to the guidelines set forth in the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of individuals or impose liabilities beyond what is necessary. Clause 1.1 references the Principal Determination (Number 13 of 2013, as amended), establishing the framework for Part 1 of the Determination. Clauses 1.2 and 1.3 specify the additional salary percentages for the Chair and Deputy Chair of the Joint Standing Committee on Electoral Matters, set at 16% and 8% of the base salary, respectively. Clause 1.4 delineates the effective date of these salary provisions, while Clause 1.5 removes a transitional clause that has since expired, thereby streamlining the current remuneration structure.

Scope and Application

The Determination 2014/05 pertains to the remuneration and related matters for certain office holders within the Australian Parliament, specifically targeting the Chair and Deputy Chair of the Joint Standing Committee on Electoral Matters. This determination is enacted under the authority granted to the Remuneration Tribunal by the Remuneration Tribunal Act 1973. The Tribunal has exercised its powers to specify the additional salary for these particular positions, setting it at 16% of the base salary for the Chair and 8% for the Deputy Chair. The provisions in this determination do not apply retrospectively in a manner that would disadvantage any person other than the Commonwealth or its authorities, and it does not impose any new liabilities. The application of this Determination is limited to the specified office holders within the Joint Standing Committee on Electoral Matters, and it does not extend to other members of Parliament or any other entities outside the scope of the Tribunal's mandate under the Act.

Key Provisions

The key operative sections of this legislation (F2014L00422) are primarily located within Part 1, detailing the additional salary provisions for specific parliamentary office holders. Clause 1.1 references the Principal Determination (Number 13 of 2013 as amended), which establishes the foundational framework for the salary provisions. Clause 1.2 specifies that the Chair of the Joint Standing Committee on Electoral Matters will receive an additional salary of 16% of their base salary, while Clause 1.3 provides for an 8% additional salary for the Deputy Chair of the same committee. Clause 1.4 sets the date from which these additional salary provisions will take effect, and Clause 1.5 removes a transitional clause that has expired. These clauses ensure that the remuneration of these specific office holders is clearly defined and appropriately adjusted. The Remuneration Tribunal Act 1973 empowers the Remuneration Tribunal to make these determinations, and the Tribunal has exercised this power in consultation with relevant stakeholders. The Tribunal's process includes established practices to inform its determinations, ensuring that the decisions are fair and well-considered. The Tribunal's decision to remove the transitional provision in Clause 1.5 reflects the completion of its intended purpose, thereby tidying up the legislative framework. The obligations imposed by this Act on the relevant parties primarily involve adherence to the specified salary provisions for the Chair and Deputy Chair of the Joint Standing Committee on Electoral Matters. These office holders must accept the remuneration as set out in the Determination, and any changes to their salary will be in accordance with the provisions outlined in Clauses 1.2 and 1.3. The legislation also imposes a procedural obligation on the Tribunal to consult with relevant stakeholders before making any determinations. In terms of potential consequences for breach, the Explanatory Statement clarifies that the Determination does not affect the rights of any person to their disadvantage and does not impose any liability on such a person. Therefore, there are no specific offences, penalties, or civil/criminal consequences outlined within this particular Determination. The legislation ensures that any retrospective application does not adversely impact individuals, aligning with subsection 12(2) of the Legislative Instruments Act 2003.