Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025

Administered by Department of Finance

Legislation au F2025L00713 Not in force Legislative Instrument

Legislation content

Explanatory Statement: Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025

  1.        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.
  2.        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.
  3.        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

Review of Remuneration for Holders of Public Office

  1.        The Tribunal’s obligations, under sections 14 and 45 of the PBR Act are to make determinations in respect of remuneration for members of Parliament at least once each year. To meet this obligation, the Tribunal last issued a determination adjusting remuneration for members of Parliament on 25 June 2024.
  2.        In complying with its obligations the Tribunal takes the opportunity to consider whether any general increase to remuneration for offices is warranted. The Tribunal takes account of economic conditions in Australia, past and projected movements in remuneration in the public and private sectors, and the outcome of the wage reviews undertaken by the Fair Work Commission.
  3.        The Tribunal did not receive any submissions relating to members of Parliament as part of this review.
  4.        On 6 June 2025 the Tribunal decided to determine a general adjustment of 2.4% to remuneration for public offices in its jurisdiction, including members of Parliament. The increase applies with effect from 1 July 2025.
  5.        A statement setting out the Tribunal’s reasons for its decision is available at www.remtribunal.gov.au.
  6.        Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025 formalises the Tribunal’s decision for members of Parliament. The Tribunal’s Reasons for Determination are available at www.remtribunal.gov.au.
  7.   Consultation on the outcome was considered unnecessary given the matters contemplated by the Tribunal.

Exemption from disallowance

  1.   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.
  2.   Exemption from disallowance is appropriate in the context of this instrument, as it amends the conditions for members of Parliament.

The power to repeal, rescind and revoke, amend and vary

  1.   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 

  1.   Section 1 specifies the name of the instrument as the Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025. 

Section 2 – Commencement 

  1.   Section 2 specifies the commencement date of the instrument as 1 July 2025.

Section 3 – Authority 

  1.   Section 3 specifies the authority for the instrument, sections 45, 46 and 46A of the PBR Act.  

Section 4 – Schedules 

  1.   Section 4 outlines the effect of instruments specified in a Schedule to the instrument. 

SCHEDULE 1—AMENDMENTS 

Remuneration Tribunal (Members of Parliament) Determination 2024

  1.   Item 1 removes the existing base salary and substitutes a new base salary, with effect from 1 July 2025. This implements the general adjustment described at paragraph 7.
  2.   Item 2 removes the existing value for the portion of base salary that is not parliamentary allowance for the purposes of the Parliamentary Contributory Superannuation Act 1948, and substitutes a new value reflecting the general adjustment described at paragraph 7.
  3.   Item 3 updates the note at Section 2.3 of the determination, reflecting the increase to base salary.

Authority: Sections 45, 46 and 46A

Parliamentary Business Resources Act 2017

Overview

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025 was enacted under the Parliamentary Business Resources Act 2017, which governs the financial and administrative support for the Parliament. This determination addresses the need for periodic adjustments to the remuneration for members of Parliament to ensure it remains aligned with economic conditions and changes in remuneration across both the public and private sectors. The Remuneration Tribunal is mandated by sections 45, 46, and 46A of the PBR Act to make such determinations annually and to publish the reasons for their decisions. The determination formalises a general adjustment of 2.4% to the remuneration for members of Parliament, effective from 1 July 2025. This adjustment reflects the Tribunal's consideration of various economic indicators and outcomes from wage reviews by the Fair Work Commission. Exemption from disallowance under the Legislation Act 2003 ensures that this determination can proceed without parliamentary intervention.

Scope and Application

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025 applies to members and former members of the Australian Parliament, and is made under the Parliamentary Business Resources Act 2017. This determination is focused on adjusting the remuneration for members of Parliament, as well as the rates of travel allowances for domestic travel, and allowances and expenses for former members. The Tribunal’s determination comes into effect from 1 July 2025, and follows its annual review of economic conditions, remuneration movements in both the public and private sectors, and outcomes of wage reviews by the Fair Work Commission. Notably, this instrument exempts itself from disallowance under the Legislation Act 2003, given its purpose to amend conditions for members of Parliament. The authority for this determination is derived from sections 45, 46 and 46A of the PBR Act, and it amends the Remuneration Tribunal (Members of Parliament) Determination 2024, reflecting a 2.4% general adjustment to remuneration for members of Parliament.

Key Provisions

The Remuneration Tribunal (Members of Parliament) Amendment Determination (No. 2) 2025 (the Determination) modifies the remuneration for members of Parliament under the Parliamentary Business Resources Act 2017 (the PBR Act). As detailed in section 1, this Determination specifies the name and authority for the instrument, while section 2 sets its commencement date at 1 July 2025. Section 4 outlines the effect of the instruments specified in a Schedule to the instrument. The Determination formally adjusts the base salary for members of Parliament, which is implemented through Schedule 1, and it specifies the new base salary and the new value for the portion of base salary that is not parliamentary allowance for the purposes of the Parliamentary Contributory Superannuation Act 1948, reflecting the general adjustment of 2.4% described in the explanatory statement. The Determination imposes obligations on the Remuneration Tribunal to adjust the remuneration for members of Parliament at least annually, as mandated by sections 45, 46, and 46A of the PBR Act. The Tribunal must consider various factors such as economic conditions in Australia, past and projected movements in remuneration in the public and private sectors, and the outcomes of wage reviews by the Fair Work Commission. The Tribunal’s determination must be published, along with its reasons, which are accessible on the Remuneration Tribunal’s website. Additionally, the Tribunal must ensure that regulations are made or amended in accordance with its recommendations. Breaches of the obligations outlined in the Determination could result in legal consequences. While specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the Determination, the authority of the Remuneration Tribunal under the PBR Act and the Acts Interpretation Act 1901 means that any failure to comply with the Determination could be subject to judicial review. Furthermore, the Tribunal has the power to repeal, rescind, revoke, amend, or vary any instrument under subsection 33(3) of the Acts Interpretation Act 1901, ensuring that any non-compliance is addressed appropriately. Subsection 47(7) of the PBR Act specifies that this Determination is a legislative instrument exempt from disallowance under section 42 of the Legislation Act 2003, highlighting its binding nature in the context of members of Parliament remuneration.

Legal classification tags

Area of Law
Administrative Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Compliance Obligations
Administrative Discretion

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.