Northern Territory Explanatory Statements
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ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) AMENDMENT BILL 2009
2.
Att C - Expl Statement AMSO Amendment 2009
11-6-092009
LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY
CHIEF MINISTER
ASSEMBLY MEMBERS AND STATUTORY OFFICERS
(REMUNERATION AND OTHER ENTITLEMENTS)
AMENDMENT BILL 2009
Serial No. 45
EXPLANATORY STATEMENT
GENERAL OUTLINE
The Bill proposes to reinstate the power of the Northern Territory Remuneration Tribunal to determine “capacity” entitlements for Members of the Legislative Assembly, following receipt of legal advice that the Tribunal did not have the power under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act, as previously understood, to determine this particular type of entitlement.
These entitlements relate to the provision of facilities which enable performance of the functions of a Member. This includes matters such as provision for electorate offices, staff, office equipment, motor vehicle, communications, postage, child care and travel entitlements (other than travel allowance).
The Bill also clarifies the Remuneration Tribunal’s power to set entitlements in specific, limited circumstances for Members who have not been successful when standing for re-election.
NOTES ON CLAUSES
Clause 1. Short Title
This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009.
Clause 2. Commencement
Provides that the Act will commence on the date fixed by the Administrator by Gazette notice.
Clause 3. Act amended
Notes that the Act being amended is the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006.
Clause 4. Amendment of section 2 (Definitions)
(1) Drafting style change. Omits the introductory phrase “In this Act, unless the contrary intention appears – “ and replaces it with more contemporary phrasing “In this Act:”.
(2) Amended definition of entitlement which now becomes: “a salary, an allowance and any other remuneration or benefit (including, for example, a reimbursement of expenses incurred, and the provision of goods, services, facilities and any other assistance).” This is intended to make it clear that capacity (or non-personal) types of entitlements are included in this definition.
Clause 5. Amendment of section 4 (Other entitlements)
(1) The heading for section 4 “Other entitlements” is deleted and replaced with the heading “Tribunal’s powers”. This is a more accurate description of the content of this section.
(2) New sections (1A), (1B). and (1C).
New (1A) prescribes the Tribunal’s power to inquire into and determine an entitlement for a former Assembly member who retires involuntarily. Involuntary retirement will be defined in regulations but in broad terms this will apply to a member who was elected at or since the June 2005 NT General Election who (1) is not able to access a pension or superannuation benefit for their Assembly service immediately after ceasing to be an MLA and (2) loses his or her seat or is not re-nominated by their party to contest their seat, except by reason of misconduct. Defining “involuntary retirement” in the regulations rather than the Act provides flexibility to modify the eligibility for the entitlement should legitimate new circumstances arise.
New (1B) expands on the Tribunal’s general power to inquire into and determine the entitlements of Assembly members by specifying the types of capacity entitlements the Tribunal may deal with including establishing or maintaining electorate offices for an Assembly member, official travel, the provision of a motor vehicle and certain child care expenses.
New (1C) provides, however, that the Tribunal does not have the power to inquire into and determine an entitlement for a matter prescribed by regulation. The matters intended to be prescribed by regulation will include office space, furniture and equipment provided to Ministers, the Office of the Leader of the Opposition, the Speaker and Independent Members in their Parliament House offices and any other non-electorate office accommodation.
Clause 6. Repeal and substitution of section 24 (Regulations)
Drafting style change. Omits the current wording in section 24 and replaces it with the contemporary phrasing: “The Administrator may make regulations under this Act.”
Clause 7. New Part 6
This clause inserts a new Part into the Principal Act, being Part 6 – Transitional and savings matters for Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009.
This consists of a new section 30(1) and (2). This section provides that the existing administrative arrangements (for MLA capacity entitlements) as made by the Chief Minister and tabled in the Legislative Assembly on 21 February 2007 and 29 November 2007 continue to have effect until a determination by the Tribunal under section 4 of the Act takes effect i.e. a determination by the Tribunal of one or more capacity entitlements for MLAs.
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