AGY-5144 | Parliamentary Remuneration Tribunal [I]

Full description

The Parliamentary Remuneration Tribunal was established under the Parliamentary Remuneration Tribunal Act, 1975. The Tribunal was to be a Judge appointed by the Chief Justice of the Supreme Court of New South Wales on a part-time basis. (1)

Prior to the passing of the Act provision for the remuneration of Ministers of the Crown, the holders of certain offices in Parliament and members of the Legislative Council and the Legislative Assembly had been made by regularly amending the Constitution Act 1902 to list the rate of salaries and allowances. (2)

Schedule 1 of the 1975 Act listed holders of recognised offices in Parliament (such as the President of the Legislative Council, Speaker of the Legislative Assembly, Leader of the Government in the Legislative Council). (3)

The main function of the Tribunal was, after inquiry, to make a determination of what classes or kinds of remuneration should be paid to Ministers of the Crown, recognised office holders and members and the rates of any such remuneration. The Tribunal was to make report his determination to the Chief Justice. (4)

The Tribunal was also to make recommendations to the Minister on such matters relating to the provision of services, equipment or facilities for Ministers of the Crown, recognised office holders or members or on any matter connected with the Parliamentary remuneration payable to Ministers of the Crown, recognised office holders or members. (5)

Further the Tribunal was to make a determination as to whether, as a result of any distribution of electoral districts carried out under and in accordance with the Parliamentary Electorates and Elections Act, 1912, any alteration was necessary or desirable to any Parliamentary remuneration or any determination made under section 5 of the Act. (6)

The Chief Justice was to forward a copy of a report to the Minister who was to table a copy of it before each House of Parliament. (7) The Act was administered by the Premier. (8)

Ministers of the Crown, recognised office holders and members were entitled to be paid such remuneration specified in a determination that was in force. Such determination was not to be challenged or called into question before any court or in any legal proceedings. (9)

The Parliamentary Remuneration Tribunal Act, 1975 was repealed by the Parliamentary Remuneration Act, 1989 (Act No.160, 1989) which commenced on 1 July 1990. Thus the Parliamentary Remuneration Tribunal [I] under the 1975 Act was replaced by the Parliamentary Remuneration Tribunal [II] under the 1989 Act. (10)

Endnotes
(1) Parliamentary Remuneration Tribunal Act, 1975 (Act No. 25, 1975), s.4.
(2) Parliamentary Allowances and Salaries Act, 1956 (Act No. 22, 1956).
(3) Op. cit. note (1), Sch.2.
(4) Ibid., s.5.
(5) Ibid., s.6.
(6) Ibid., s.7.
(7) Ibid., s.8.
(8) Government Reference Directory, 1985-1986, p.27.
(9) Op. cit. note (1), s.12.
(10) Parliamentary Remuneration Act, 1989 (Act No.160, 1989).