Explanatory Statement: Remuneration Tribunal (Members of Parliament) Amendment Determination (No.1) 2025
- The determination is made under the Parliamentary Business Resources Act 2017 (the PBR Act). Sections 45, 46 and 46A of the PBR Act require the Tribunal to make determinations in relation to various matters for members, and former members, of the Parliament at least once each year.
- The Tribunal must determine the remuneration to be paid to members, the rates of travel allowances for domestic travel, and the allowances and expenses to be paid to former members, and the allowances to be paid to the estate of a member who dies in office. The Tribunal must publish its reasons for making a determination.
- The Tribunal also has functions under section 35 of the PBR Act relating to travel expenses, travel and private vehicle allowances and other public resources. The Tribunal must inquire annually into travel expenses and travel allowances for domestic travel (except travel on a special purpose aircraft) and may be asked by the Special Minister of State to inquire into other matters. Regulations must be made or amended in accordance with the Tribunal’s recommendations.
Consultation
Resettlement allowance
- On 27 February 2025, Senator the Hon Don Farrell, Special Minister of State, wrote to the Tribunal asking it to consider extending eligibility for resettlement allowance to include circumstances where an Australian Electoral Commission redistribution of electoral divisions results in the abolition of an electorate.
- The Tribunal’s Reasons for Determination are available at www.remtribunal.gov.au.
Exemption from disallowance
- Subsection 47(7) of the PBR Act provides that this determination is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to it.
- Exemption from disallowance is appropriate in the context of this instrument, as it amends the conditions for Parliamentarians.
The power to repeal, rescind and revoke, amend and vary
- Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Details of the determination are as follows:
Section 1 – Name
- Section 1 specifies the name of the instrument as the Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2025.
Section 2 – Commencement
- Section 2 specifies the commencement date of the instrument as the day after the instrument is registered on the Federal Register of Legislation.
Section 3 – Authority
- Section 3 specifies the authority for the instrument, section 46 of the PBR Act.
Section 4 – Schedules
- Section 4 outlines the effect of instruments specified in a Schedule to the instrument.
SCHEDULE 1—AMENDMENTS
- Items 1 to 5 amend section 4.7 of the Remuneration Tribunal (Members of Parliament) Determination 2024 which specifies the situations in which a former member is eligible for resettlement allowance, to include the situation where the redistribution of electoral divisions results in the abolition of the former member’s electorate and, the former member does not contest the election immediately following that redistribution.
Authority: Section 46
Parliamentary Business Resources Act 2017
Overview
The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2025 was enacted to address a gap in the eligibility criteria for resettlement allowances for former members of Parliament. This legislation was introduced under the Parliamentary Business Resources Act 2017 and was enacted by the Remuneration Tribunal. The primary policy objective of this determination is to ensure that former members of Parliament who lose their seats due to electoral redistributions are fairly compensated, thereby maintaining the integrity and continuity of parliamentary service. The Remuneration Tribunal was tasked with this amendment following a request by the Special Minister of State, Senator the Hon Don Farrell, to extend the eligibility for resettlement allowance to include such circumstances. The determination ensures that former members who do not contest the subsequent election are entitled to the resettlement allowance, reflecting the Tribunal’s commitment to equitable treatment of all former members.
Scope and Application
The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2025 applies to members and former members of the Parliament, governing aspects such as the remuneration for members, travel allowances for domestic travel, and the allowances and expenses for former members, including the resettlement allowance. The determination is made under the Parliamentary Business Resources Act 2017 and is subject to annual review by the Remuneration Tribunal, which must publish its reasons for any determinations. Notably, this determination extends eligibility for resettlement allowance to include situations where an Australian Electoral Commission redistribution results in the abolition of an electorate. The instrument commences on the day after it is registered on the Federal Register of Legislation and is exempt from disallowance as specified under section 42 of the Legislation Act 2003. The authority for this amendment stems from section 46 of the Parliamentary Business Resources Act 2017, which mandates annual determinations concerning various allowances and expenses for Parliamentarians.
Key Provisions
The main operative sections of the Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 1) 2025 involve the extension of eligibility for resettlement allowance (section 4) to include circumstances where a redistribution of electoral divisions results in the abolition of a former member's electorate and the former member does not contest the election immediately following that redistribution (Schedule 1, items 1 to 5). The Determination is structured under the authority of section 46 of the Parliamentary Business Resources Act 2017 (PBR Act) and specifies its name, commencement date, and authority (sections 1 to 3).
The obligations imposed by the Determination on the Remuneration Tribunal include the necessity to make amendments to the criteria for resettlement allowance eligibility for former members of Parliament (section 4). This amendment is intended to ensure that former members who find their electorate abolished due to electoral redistributions and do not contest the subsequent election receive resettlement allowance (Schedule 1, items 1 to 5). The Tribunal must also publish its reasons for making this determination (section 45 of the PBR Act).
Breach of the obligations or non-compliance with the Determination may result in civil or criminal consequences, though specific penalties are not detailed within the text. Under the Acts Interpretation Act 1901, the power to make, grant, or issue any legislative or administrative instrument includes the power to repeal, rescind, revoke, amend, or vary such instruments (subsection 33(3)). This means that any failure to comply with the Determination could potentially lead to legal action, although exact penalties are not specified in the provided text. The Determination itself is exempt from disallowance as per subsection 47(7) of the PBR Act and section 42 of the Legislation Act 2003.