Remuneration Tribunal Determination 2013/13 - Members of Parliament - Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters

Link to law: https://www.comlaw.gov.au/Details/F2013L01090

 
REMUNERATION TRIBUNAL
 
Determination 2013/13:
Members of Parliament – Base Salary, Additional Salary for Parliamentary Office Holders, and Related Matters
This Determination sets out the base salary for members of parliament, additional salary for parliamentary office holders, and related matters.  It comprises:
 
Contents
PART 1 - GENERAL 1
PART 2 – PARLIAMENTARY BASE SALARY. 1
PART 3 – ADDITIONAL SALARY FOR PARLIAMENTARY OFFICE HOLDERS. 2
PART 4 – MINISTERS OF STATE. 3
SCHEDULE A - TABLE 1 – RATES OF ADDITIONAL SALARY. 4
 
 
PART 1 - GENERAL                                                                                                                     
1.1            Authority: This Determination is issued in accordance with the following subsections of the Remuneration Tribunal Act 1973 (‘the Act’): 7(1), 7(1A), 7(1B), 7(1C), 7(2), 7(2A), 7(4) and 7(5G).
1.2       Effective Date: This Determination takes effect on and from 1 July 2013.
1.3         Effect on Earlier Determinations: This Determination supersedes and revokes in full Determinations 2012/02 (as amended) – Members of Parliament – Base Salary and Related Matters and 2012/03 – Parliamentary Office Holders – Additional Salary.
1.4         Definitions: The following definitions apply in this Determination:
           ‘base salary’ means parliamentary base salary as defined in the Remuneration Tribunal Act 1973 and also refers to the amount determined by the Remuneration Tribunal in this Determination;
              ‘member of parliament’ or ‘member’ means a Member of the House of Representatives or a Senator unless there is an explicit contrary intention.
 
PART 2 – PARLIAMENTARY BASE SALARY
2.1         A member of parliament shall be paid a base salary of $195,130 per annum.
2.2         The portion of the base salary that is not parliamentary allowance for the purposes of the Parliamentary Contributory Superannuation Act 1948 is $40,730.
PART 3 – ADDITIONAL SALARY FOR PARLIAMENTARY OFFICE HOLDERS[1]
3.1         Subject to any exclusions specified in clause 3.4 and its subclauses of this Determination, a member who holds a parliamentary office specified in Table 1 shall be paid additional parliamentary office holder salary as is specified for that office in that table.
3.2       In administering this Determination, authorities shall, where necessary:
(a)      calculate additional salary by applying the percentage in Column 2 of Table 1 to the base salary, rounding up to the nearest ten dollars; and
(b)      pay the annual benefits specified in proportion (pro rata) to the office holder’s period of service during that year.
3.3      The portion of additional parliamentary office holder salary that is not 'allowance by way of salary' for the purposes of the Parliamentary Contributory Superannuation Act 1948 is 20 per cent of the amount calculated in accordance with clauses 3.1 and 3.2.  The 20 per cent portion shall apply to each amount of additional salary paid to a member.
3.4     The following rules apply in determining the number of shadow ministers entitled to additional salary and at what rate (noting there is a transitional provision in clause 3.4.5):
3.4.1  The maximum number of shadow ministers entitled to be paid additional parliamentary office holder salary at the rate of 25 per cent of base salary is
A – B
where
A = the number of Ministers of Cabinet rank from time to time; and
B = the number of Opposition office holders, from time to time entitled to additional parliamentary office holder salary of more than 25 per cent of base salary because of their holding another office listed in Table 1.
3.4.2   The maximum number of shadow ministers entitled to be paid additional Parliamentary office holder salary at the rate of 20 per cent of base salary is
A – B – C,
where
A = the number of ministers specified in section 4(b) of the Ministers of State Act 1952;
B = shadow ministers from time to time entitled to additional salary of 25 per cent of base salary in accordance with clause 3.4.1; and
C = the number of Opposition office holders, from time to time entitled to additional parliamentary office holder salary of more than 25 per cent of base salary because of their holding another office listed in Table 1.
3.4.3     The Leader of the Opposition is to provide advice in writing to the paying authority in each House of Parliament as to which individual shadow ministers are to be paid in accordance with clauses 3.4.1 and 3.4.2.
3.4.4     A member who receives additional parliamentary office holder salary of more than 25 per cent of base salary because of his or her holding another office listed in Table 1 is not entitled to also be paid additional salary as a shadow minister; and a member who receives additional salary as a shadow minister is not entitled to additional salary for filling any other office listed in Table 1.
3.4.5   The number of shadow ministers who can be paid under clause 3.4.2 is increased by two until the date of the 2013 federal election.
 
PART 4 – MINISTERS OF STATE
4.1      The portion of the salary referred to in subsection 6(1) of the Act that is not salary for the purposes of the Parliamentary Contributory Superannuation Act 1948 is 20 per cent.
 
 
Signed this 18th day of June 2013
 
 
 
 
 
                Signed
 
 
 
 
 
                Signed
 
 
 
 
 
                Signed

John C Conde AO
PRESIDENT
John B Prescott AC
MEMBER
Jillian Segal AM
MEMBER

 
SCHEDULE A - TABLE 1 – RATES OF ADDITIONAL SALARY
Various Offices
OFFICE
(Column 1)
 
As a percentage of the base salary, per annum
(Column 2)

Leader of the Opposition
85.0%

President of the Senate
75.0%

Speaker of the House of Representatives
75.0%

Deputy Leader of the Opposition
57.5%

Leader of the Opposition in the Senate
57.5%

Leader of a recognised party of more than 10 members of Parliament, other than a party whose Leader is the Prime Minister or the Leader of the Opposition
45.0%

Leader of a recognised party of at least 5, and no more than 10, members of Parliament
42.5%

Manager of Opposition Business in the House of Representatives
27.5%

Chief Government Whip in the House of Representatives
26.0%

Shadow Minister (see clause 3.4)
25.0%

Chief Opposition Whip in the House of Representatives
23.0%

Shadow Minister (see clause 3.4)
20.0%

Deputy President and Chair of Committees in the Senate
20.0%

Deputy Speaker in the House of Representatives
20.0%

Deputy Leader of the Opposition in the Senate
20.0%

Chief Government Whip in the Senate
20.0%

Chief Opposition Whip in the Senate
18.0%

Second Deputy Speaker in the House of Representatives
13.0%

Whip in the House of Representatives of a Government party with more than 10 Members in the House
13.0%

Whip in the House of Representatives of an Opposition party with more than 10 Members in the House
12.0%

Head of a recognised party, not being a party whose Leader is the Prime Minister or the Leader of the Opposition, with at least five members in each house, sitting in the house other than that in which the Leader of the party sits
11.0%

Whip in the House of Representatives of a party with at least 5, and no more than 10, Members in the House
9.0%

Whip in the Senate of a recognised party of at least 5, and no more than 10, Senators
9.0%

Government Deputy Whip in the Senate
5.0%

Opposition Deputy Whip in the Senate
5.0%

Deputy Whip in the House of Representatives of a Government party with more than 10 Members in the House
3.0%

Deputy Whip in the House of Representatives of an Opposition party with more than 10 Members in the House
3.0%

Member of the Speaker's Panel in the House of Representatives
3.0%

Temporary Chairman of Committees in the Senate
3.0%

Deputy Whip in the House of Representatives of a party with at least 5, and no more than 10, Members in the House
2.0%

 
TABLE 1 – (cont)
Parliamentary Committee Offices

OFFICE
 
(Column 1)
 
As a percentage of the base salary, per annum
(Column 2)

Chair of the Joint Statutory Committee of Public Accounts and Audit
16%

Chair of the Joint Statutory Committee on Public Works
16%

Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade
16%

Chair of the Joint Standing Committee on Treaties
16%

Chair of a Joint Statutory Committee or Joint Standing Committee, not otherwise specified (except the Joint Standing Committee on the Parliamentary Library)
11%

Chair of a Senate Legislative and General Purpose Standing Committee
11%

Chair of a House of Representatives General Purpose Standing Committee
11%

Chair of a Joint Select Committee or Select Committee in the Senate or the House of Representatives
11%

Chair of an Investigating Standing Committee established by resolution of either House
11%

Chair of the Senate Standing Committee of Privileges
11%

Chair of the House of Representatives Standing Committee of Privileges
11%

Chair of the Senate Standing Committee on Regulations and Ordinances
11%

Chair of the Senate Standing Committee for the Scrutiny of Bills
11%

Chair of the House of Representatives Standing Committee on Procedure
11%

Deputy Chair of the Joint Statutory Committee on Public Accounts and Audit
8%

Deputy Chair of the Joint Statutory Committee on Public Works
8%

Deputy Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade
8%

Deputy Chair of the Joint Standing Committee on Treaties
8%

Deputy Chair of a Joint Statutory Committee or Joint Standing Committee, not otherwise specified (except the Joint Standing Committee on the Parliamentary Library)
5.5%

Deputy Chair of a House of Representatives General Purpose Standing Committee
5.5%

Deputy Chair of a Joint Select Committee or Select Committee in the Senate or the House of Representatives
5.5%

Deputy Chair of an Investigating Standing Committee established by resolution of either House
5.5%

Deputy Chair of the Senate Standing Committee of Privileges
5.5%

Deputy Chair of the House of Representatives Standing Committee of Privileges
5.5%

Deputy Chair of the Senate Standing Committee on Regulations and Ordinances
5.5%

Deputy Chair of the Senate Standing Committee for the Scrutiny of Bills
5.5%

Deputy Chair of the House of Representatives Standing Committee on Procedure
5.5%

Chair of the Senate Standing Committee of Senators’ Interests
3%

Chair of the House of Representatives Committee of Members’ Interests
3%

Chair of a Parliamentary Committee concerned with public affairs rather than the domestic affairs of Parliament not otherwise specified
3%

 
 

[1] The Tribunal reports on, but does not determine, additional salary for Ministers of State.  Report 1 of 2012, available on the Tribunal’s website, is the Tribunal’s most recent Report on the matter (as at 1 July 2013).
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