AGY-5145 | Parliamentary Remuneration Tribunal [II]

Full description

The Parliamentary Remuneration Tribunal was constituted under section 8 of the Parliamentary Remuneration Act 1989. (1)

The Tribunal consisted of a judicial member of the Industrial Relations Commission appointed by the President on a part time basis. (2)

The functions of the Tribunal were:
(a) to determine additional allowances to be payable to a member or recognised office holder (for example, electoral allowances, travelling allowances and expenses, ad committee allowances), and
(b) to make recommendations to the Minister on matters referred to it by the Minister, relating to the provision of services, equipment or facilities to a member or recognised office holder. (3)

The Tribunal was also required to approve proposed amendments to the Parliamentary Contribution Superannuation Act 1971. Recognised Office Holders (such as Ministers, President of the Legislative Council and Speaker of the Legislative Assembly) were listed in Schedule 1 of the Act.

Parliamentary remuneration in the form of basic salary, additional salary and expense allowance were a matter of statutory entitlement under the Act. Additional entitlements that were the subject of the determinations might be in any form (including for example allowances, services, facilities or equipment).

Annual determinations took effect from 1 July each year. The Tribunal's report and determination were tabled in the Parliament and published in the NSW Government Gazette. Ministerial responsibility for the Tribunal was with the Premier. (4)

From 16 September 2009 the Parliamentary Remuneration Amendment (Salary Packaging) Act 2009 (Act No.62, 2009) amended the Parliamentary Remunerations Act 1989 so that the Tribunal was re-established under section 14G. (5)

From 8 December 2016, when the Industrial Relations Act was amended, Schedule 2 (1) of the Parliamentary Remunerations Act 1989 was amended so that: The Tribunal was to consist of a person, appointed by the Governor on a part-time basis, who holds or has held a judicial office of this State, and that, The Minister is not to recommend to the Governor the appointment of a person as the Tribunal unless the Minister certifies that the Chief Justice of the Supreme Court has nominated the person for the appointment. (6)

The secretariat for NSW Remuneration Tribunals is located in the NSW Public Service Commission. While the secretariat provides administrative and policy support for each remuneration tribunal, the NSW Public Service Commission does not seek to influence the Tribunals in the undertaking of their independent statutory responsibilities. (7)

Endnotes
1.Parliamentary Remuneration Tribunal Act, 1989 (Act No.160, 1989), s.8.
2. NSW Remuneration Tribunals website, http://www.remtribunals.nsw.gov.au (accessed 1 November 2006).
3. Op. cit. note 1, s.9.
4. Op. cit. note 2.
5. Parliamentary Remuneration Amendment (Salary Packaging) Act 2009 (Act No.62, 2009) Sch.2 adding Part 3B and renumbering sections in the Principal Act.
6. Industrial Relations Amendment (Industrial Court) Act 2016 (Act No.16, 2016), Sch.2.28 [3] amending the Principal Act Sch.2, cl.1 (1); Commencement Proclamation (2016 674), NSW Legislation Website, 15 November 2016; Remuneration Tribunals, Parliamentary, https://www.remtribunals.nsw.gov.au/parliamentary (accessed 24 January 2023).
7. NSW Remunerations Tribunals, About, https://www.remtribunals.nsw.gov.au/about#where-is-the-nsw-remuneration-tribunal-secretariat (accessed 25 January 2023).