Explanatory Statement: Determination 2015/15
Members of Parliament – Entitlements
- The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for members of parliament, 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 – ENTITLEMENTS
4. Clause 1.1 specifies the Principal Determination (Number 4 of 2012 as amended) for the purposes of Part 1 of the Determination.
5. Clause 1.2 amends the existing family reunion provisions to provide an additional and specific provision for senators and members travelling inter-state on parliamentary, electorate or official business, who are breastfeeding a child. It provides that the breastfeeding senator or member may be accompanied or joined by her spouse, nominee or designated person, travelling at economy class, to support her to breastfeed her child.
6. Clause 1.3 has been amended to clarify the application of those provisions. This does not alter the effect of the clause.
Authority: Sub-sections 7(1), 7(2) and 7(4)
of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal has enacted Determination 2015/15 under the Remuneration Tribunal Act 1973 to address the remuneration and related entitlements of members of parliament. This legislation was introduced to ensure that the Remuneration Tribunal could properly fulfil its mandate of determining the remuneration and significantly related matters for members of parliament. The Tribunal has carried out its duty by engaging in consultation in accordance with established practices, and any retrospective application of this Determination adheres to subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of any individual (other than the Commonwealth or its authorities) and does not impose any liabilities. One of the key amendments made by this Determination includes an update to family reunion provisions, specifically allowing breastfeeding senators and members travelling inter-state on parliamentary or official business to be accompanied by a spouse, nominee, or designated person, at economy class, to support breastfeeding. This amendment aims to provide practical support for breastfeeding members in their official duties.
Scope and Application
The Determination 2015/15, issued under the Remuneration Tribunal Act 1973, outlines the remuneration and related entitlements for members of parliament in Australia. This Determination applies to members of parliament, including senators and members of the House of Representatives, in relation to their entitlements as established by the Principal Determination (Number 4 of 2012, as amended). The Remuneration Tribunal, empowered by the Remuneration Tribunal Act, has consulted in accordance with established practice to make this Determination. It is noted that any retrospective application does not affect the rights of a person to their disadvantage nor impose any liability on such a person, in accordance with subsection 12(2) of the Legislative Instruments Act 2003. Furthermore, the scope of the Determination extends to making specific amendments to family reunion provisions to provide additional support for breastfeeding senators and members travelling inter-state on parliamentary business, allowing them to be accompanied by a spouse, nominee, or designated person. This Determination does not extend beyond the federal level, meaning it applies across the Commonwealth of Australia.
Key Provisions
The Determination 2015/15, under the authority of the Remuneration Tribunal Act 1973, provides comprehensive guidelines on the entitlements of members of parliament. Clause 1.1 refers to the Principal Determination (Number 4 of 2012 as amended), which is central to understanding the entitlements outlined in Part 1 of the Determination. Clause 1.2 introduces a specific provision to assist senators and members who are breastfeeding and travelling interstate on parliamentary, electorate or official business. It allows these members to be accompanied by their spouse, nominee or designated person, who can travel at economy class to provide support for breastfeeding. Clause 1.3 further clarifies the application of these provisions without altering their effect.
The obligations imposed by this Determination require members of parliament, particularly those who are breastfeeding, to comply with the specific provisions outlined in Clause 1.2. This includes ensuring that their spouse, nominee or designated person can travel at economy class to provide necessary support. The Remuneration Tribunal is responsible for ensuring that these entitlements are clearly understood and properly implemented. They are also tasked with consulting as per established practice, as stated in the Explanatory Statement.
In terms of potential consequences, the Determination does not create any new liabilities for individuals, except for the Commonwealth or its authorities, as specified in subsection 12(2) of the Legislative Instruments Act 2003. This means that the retrospective application of this Determination does not adversely affect the rights of any person, nor does it impose any new liabilities. The primary focus is on ensuring that members of parliament have the necessary support during travel when breastfeeding, without creating any unintended legal or financial burdens for individuals.