Overview

The Determination 2014/23, made under the Remuneration Tribunal Act 1973, establishes the remuneration and related entitlements for members of parliament. This determination was enacted to ensure that the Remuneration Tribunal's findings on these matters are transparent and consistent with established practices. The Tribunal consulted extensively in making this determination, ensuring that any retrospective application does not adversely affect the rights of individuals, as stipulated by the Legislative Instruments Act 2003. The principal aim of this legislation is to provide clarity and fairness in the entitlements awarded to members of parliament, reflecting the evolving needs of their roles and responsibilities.

Scope and Application

The Determination 2014/23 made under the Remuneration Tribunal Act 1973 pertains specifically to the remuneration and associated matters for members of the Australian Parliament, including members of the House of Representatives and the Senate. This legislation applies to all members of Parliament and is concerned with their entitlements, clarifying terms such as accompanying and joining, defining a sitting week, and detailing provisions for family reunion. The scope of this Determination is confined to the federal level, applying to all members of the Commonwealth Parliament, and is not extended to state or territory parliaments. The Determination does not apply retrospectively in a manner that would disadvantage any person other than the Commonwealth or its authorities, nor does it impose any new liabilities on such persons, as stipulated under the Legislative Instruments Act 2003. The Remuneration Tribunal has ensured its determinations align with established practices, including consultation processes, to maintain fairness and transparency in its rulings.

Key Provisions

The main operative sections of Determination 2014/23: Members of Parliament - Entitlements, include Clause 1.1, which specifies the Principal Determination (Number 04 of 2012 as amended) for the purposes of Part 1 of the Determination (Clause 4). Clauses 1.2 and 1.3 clarify the definitions of "accompany" and "join" within the Determination (Clauses 5 and 6). Clause 1.4 defines a "sitting week" for a member and senator (Clause 7). Clause 1.5 amends a cross-reference to a clause, ensuring that the text remains accurate and up to date (Clause 7). Clause 1.6 provides for a person under the family reunion provision to remain in Canberra without the parliamentarian for the period between adjoining sitting weeks, provided the parliamentarian returns to Canberra (Clause 8). Clause 1.7 sets the date of effect for Clauses 1.2 to 1.6 (Clause 9). The Determination imposes several obligations and requirements on the parties it governs. It requires the Remuneration Tribunal to make determinations regarding the remuneration and significantly related matters for members of parliament, in accordance with the Remuneration Tribunal Act 1973 (subsection 7(1), 7(2) and 7(4)). The Tribunal must consult established practice and inform itself through consultation before making these determinations (Clause 2). Additionally, the Determination outlines the circumstances under which a person under the family reunion provision may remain in Canberra without the parliamentarian, and the conditions for a Presiding Officer's absence from Canberra on parliamentary or official business (Clauses 6 and 8). There are no specific offences, penalties, or consequences mentioned in the Determination for breaches of its provisions. However, it is important to note that the Determination provides that any retrospective application 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 (Clause 1, referring to subsection 12(2) of the Legislative Instruments Act 2003). It is likely that any breaches of the Determination or its associated legislation would be subject to the relevant penalties and consequences outlined in the Remuneration Tribunal Act 1973 or other applicable laws.