Remuneration Tribunal Determination 2014/20 - Members of Parliament - Entitlements

Overview

The Determination 2014/20 Members of Parliament – Entitlements, enacted under the authority of the Remuneration Tribunal Act 1973, addresses the remuneration and related matters for members of the Australian Parliament. The Remuneration Tribunal, empowered by the Act, undertook this determination to ensure that the entitlements of office holders are reviewed and appropriately adjusted. The objective is to maintain fair and reasonable compensation for members of Parliament, reflecting the evolving needs and circumstances of their roles. The determination process involved consultation as per established practice, ensuring that any retrospective application does not disadvantage individuals or impose new liabilities, in accordance with the Legislative Instruments Act 2003. Specifically, this determination modifies the Principal Determination (Number 4 of 2012) to include ferry transportation costs for senators, aligning with the transport costs of their vehicles, thereby enhancing the comprehensiveness of their entitlements.

Scope and Application

The Determination 2014/20 under the Remuneration Tribunal Act 1973 applies to members of the Parliament of Australia, specifically detailing their entitlements, including but not limited to, the remuneration for office holders. This legislation, established through the Remuneration Tribunal, aims to ensure fair and consistent application of entitlements across federal representatives. It applies to all members of the Commonwealth Parliament, including members of the House of Representatives and senators, ensuring that their entitlements are comprehensively addressed and updated as necessary. The geographic and jurisdictional reach of this legislation is national, as it pertains to the federal members of Parliament and their respective entitlements. Notably, this Determination does not apply to any persons or entities outside of the federal parliamentary context, and it does not impose any liability on individuals other than the Commonwealth or its authorities. The application of this Determination is retrospective in nature, in compliance with subsection 12(2) of the Legislative Instruments Act 2003, provided it does not adversely affect the rights of any person other than the Commonwealth or its authorities. Furthermore, the scope of this legislation is extended and refined through subordinate instruments, ensuring that the entitlements are clearly defined and appropriately modified to address any emerging needs or changes in the parliamentary context.

Key Provisions

The legislation, Determination 2014/20 Members of Parliament – Entitlements, primarily operates by detailing specific entitlements for office holders, as determined by the Remuneration Tribunal under the Remuneration Tribunal Act 1973. Section 4 of the Determination refers to the Principal Determination (Number 4 of 2012 as amended) to establish the foundational framework for these entitlements (Clause 1.1). Notably, Clause 1.2 amends the wording of paragraph (b) of clause 3.3 in the Principal Determination to now include senators in the entitlement to ferry transportation costs. This means that senators will now be reimbursed for ferry service charges related to the transport of their vehicle, in addition to their own passenger fare (Clause 1.2). The Act imposes specific obligations on the parties governed by it, particularly focusing on the entitlements of office holders as determined by the Remuneration Tribunal. This includes ensuring that senators are provided with the correct reimbursement for ferry transportation costs, as outlined in Clause 1.2. The Tribunal has consulted in accordance with established practice, ensuring that any changes are informed and considered (Clause 2). Additionally, the Authority granted by Sub-sections 7(1), 7(2), and 7(4) of the Remuneration Tribunal Act 1973 underpins the Tribunal's power to make these determinations (Clause 5). In terms of consequences for breach, the legislation specifies that any retrospective application of this Determination does not affect the rights of individuals (other than the Commonwealth or an authority of the Commonwealth) to their disadvantage nor does it impose any liability on such individuals (Clause 3). The application of this Determination is in accordance with subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it operates within the legal framework that protects individuals from disadvantage. There are no explicit mentions of penalties or specific civil or criminal consequences for non-compliance within the text provided, but the legislative context implies adherence to the outlined entitlements is mandatory for the relevant authorities.