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Queensland Independent Remuneration Tribunal Bill 2013
Queensland Independent Remuneration
Tribunal Bill 2013
Explanatory Notes
Short title
The short title of the Bill is the Queensland Independent Remuneration Tribunal Act 2013.
Policy objectives and the reasons for them
On 11 July 2013, the Premier announced the establishment of a Tribunal to determine the
future remuneration and allowances for State Members of Parliament under a five point plan
to reform the Queensland Parliament's entitlements system.
The five point plan involves:
ˇ breaking the nexus between the remuneration of Federal and State Members of
Parliament;
ˇ formally establishing the Tribunal to determine State Members of Parliaments' salary
and allowances;
ˇ ensuring that determinations of the Tribunal are independent, binding and not subject
to change by politicians;
ˇ ensuring that back pay for current and former State Members of Parliament is only
applicable from 1 July 2013; and
ˇ tasking the Tribunal with conducting a full review of State Members of Parliaments'
allowances to ensure they are not a defacto salary, but proper reimbursement of
expenses incurred in serving an electorate.
The Premier's announcement arose in the context of ongoing concerns about the link between
the annual salary of Commonwealth Members of Parliament and Queensland Members of
Parliament.
The Parliament of Queensland Act 2001 currently provides that a member of the Queensland
Legislative Assembly is entitled to an annual salary that is $500 less than the annual salary of
a member of the Commonwealth Parliament. However, in August 2010, Commonwealth
Members of Parliament received a 4.29 per cent salary increase and the former Premier
limited the increase for Queensland Members of Parliament to 2.5 per cent. This effectively
broke the $500 nexus with Commonwealth Members of Parliament.
In August 2011, Queensland Members of Parliament received a 2.5 per cent increase, while
Commonwealth Members of Parliament received a 3.1 per cent increase.
On 15 March 2012, during the 2012 State Election campaign, Commonwealth Members of
Parliament received a 31.2 per cent increase and later, on 1 July 2012, a further 3 per cent
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Queensland Independent Remuneration Tribunal Bill 2013
salary increase. On 1 July 2013 a further 2.4 per cent increase was received by
Commonwealth Members of Parliament. These salary increases were not passed on to
Queensland Members of Parliament.
The Acting Premier released a press statement on 1 July 2013 announcing, among other
things, that following receipt of legal advice the $500 nexus should be complied with and
reinstated from 1 July 2013.
Subsequently on 4 July 2013 the Governor in Council approved gazettal of a 41.9 per cent
salary increase for Queensland Members with effect from 1 July 2013.
Therefore, the objectives of the Bill are to implement the Premier's five point plan outlined
above to:
ˇ establish an independent Tribunal to review and determine the salaries, allowances
and entitlements of members and former members of the Legislative Assembly;
ˇ break the salary nexus between the remuneration of Federal and State Members of
Parliament, and between State Members of Parliament and Local Government
Councillors; and
ˇ return salary levels for State Members of Parliament to the levels that applied on
30 June 2013 and ensure no flow on effects to members and former members in
relation to salaries, allowances, entitlements and superannuation from the 1 July 2013
salary increase.
Achievement of policy objectives
The Tribunal
To achieve its objectives, the Bill will establish an independent Tribunal and set out its
functions and powers to review and determine the salaries, allowances and entitlements of
Members and former Members of the Queensland Legislative Assembly.
The Bill will:
ˇ establish the Tribunal as a statutory authority with legislative independence to review
and make determinations about the remuneration of members and former members of
the Legislative Assembly;
ˇ provide that the Tribunal will be required to act independently, impartially and fairly
and will not be subject to any direction or control by any entity or Minister;
ˇ provide strict eligibility requirements for the appointment of Tribunal members to
ensure they are not a person who would likely have a conflict of interest in carrying
out their responsibilities on the Tribunal;
ˇ ensure that should a Tribunal member have a conflict of interest in a matter to be
considered by the Tribunal they must disclose the interest and not take part in the
consideration or decision regarding the matter unless otherwise consented to by the
remaining Tribunal members;
ˇ enable the Governor in Council to terminate the appointment of a Tribunal member in
limited circumstances;
ˇ require the Tribunal to prepare a written report about the operations of the Tribunal
during each financial year;
ˇ provide that when making a determination the Tribunal may have regard to the value
to the community of a member carrying out the member's role, functions and
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responsibilities; the importance of a member being appropriately remunerated for
carrying out the member's role, functions and responsibilities; relevant laws applying
to members; and any other matters the Tribunal considers appropriate; and
ˇ require the Tribunal to consult with and consider the views of the Clerk of the
Parliament about the determination; ensure any allowances paid to a member reflect
the amount of reasonable expenses incurred by a member in servicing the member's
electorate and that these allowances are not a substitute for remuneration.
Salary nexus
The Bill will break the salary nexus between the remuneration of Commonwealth and State
Members of Parliament and the salary nexus between the remuneration of State Members of
Parliament and Local Government Councillors.
Any actions taken between 1 September 2009 (the first time a Commonwealth salary increase
was not passed on in full) and 30 June 2013, where the Commonwealth Members of
Parliament salary increase was not passed on, or not passed on in full to State Members of
Parliament, will be retrospectively validated and confirmed under the Bill.
1 July 2013 salary increase
The Bill will stop the effect of changes to salaries from 1 July 2013 and, until the first
determination for members of the Legislative Assembly is made by the Tribunal, will return
the salaries to the 30 June 2013 rates. The first determination for members of the Legislative
Assembly will be applied from 1 July 2013, and the Clerk of the Parliament is enabled to
recover any overpayments since that date.
Alternative ways of achieving policy objectives
Consideration was previously given to the following alternative options regarding the setting
of the base salary of Queensland Members of Parliament:
1. referring the matter to the Committee of the Legislative Assembly for advice with the
Committee taking advice from external experts to arrive at a recommendation to the
Parliament of a new mechanism;
2. linking the base salary of Queensland Members of Parliament to the nearest rate in the
Senior Executive Service of the Public Service;
3. amending the Parliament of Queensland Act 2001 to link percentage increases to the
base salary of Queensland Members of Parliament to the same percentage increases
received by public servants in the Core Queensland Government's Department
Certified Agreement; or
4. retaining a nexus with Federal Members of Parliament but amending the Parliament
of Queensland Act 2001 to provide a greater variation than $500, for example,
$50 000 less.
While options one to four would have required minimal changes to the existing legislative
framework for setting the salaries, allowances and entitlements of Queensland Members of
Parliament, the establishment of an Independent Remuneration Tribunal is considered to be
the most effective option in removing Members of Parliament from any involvement in
determining their salaries, allowances and entitlements.
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Queensland Independent Remuneration Tribunal Bill 2013
The establishment of an independent Tribunal will provide for independent and legally
binding decisions on Members and former Members of Parliament and remove any perceived
or actual conflict of interest in the determination of the salaries, allowances and entitlements
of Members and former Members of Parliament.
Estimated cost for government implementation
It is expected that the costs of administering and resourcing the Tribunal will be minimal. A
secretariat of existing departmental officers has been established within the Department of the
Premier and Cabinet to support the Tribunal and the Bill requires the Chief Executive to
make available to the Tribunal the staff assistance and resources the Tribunal needs to
effectively perform its functions. The Bill also provides that in making a determination the
Tribunal must have regard to effective and efficient processes in carrying out its functions.
Tribunal members will be entitled to meeting and special assignment fees in accordance with
the Government Policy Remuneration of Part-time Chairs and Members of Government
Boards, Committees and Statutory Authorities, for their work on the Tribunal.
Consistency with fundamental legislative principles
Regard should be had to whether the legislation makes rights and liberties, or
obligations dependent on administrative power only if the power is sufficiently defined
and subject to appropriate review -
Legislative Standards Act 1992, section 4 (3)(a)
The Bill provides that there is no administrative or judicial review of the Tribunal's
determinations, other than on a question going to the Tribunal's jurisdiction. However, this is
considered justified to ensure certainty of the Tribunal's decisions which are intended to be
binding on Members and former Members of Parliament. It will also be open to the
Queensland Parliament to overturn a Tribunal's determination through an Act of Parliament.
Additionally, this provision is consistent with the New South Wales Parliamentary
Remuneration Tribunal whose determinations or rulings are not subject to judicial review.
Regard should be had to whether the legislation affects rights and liberties, or imposes
obligations retrospectively -
Legislative Standards Act 1992, section 4 (3)(g)
Retrospective provisions are contained in the Bill to break the nexus between the salaries of
Commonwealth Members and Queensland Members of Parliament from 1 September 2009
and enables Members of Parliaments' salary rates to be returned to the levels which applied
on 30 June 2013.
The retrospective provisions aim at preventing any Member or former Member of Parliament
from pursuing monies or superannuation benefits that they did not receive in accordance with
the Parliament of Queensland Act 2001 between 1 September 2009 and 30 June 2013.
These retrospective provisions are considered justified as they confirm a policy position
which was publicly announced on many occasions by the former Premier from 2009 to 2011
and is corrective action for the consequence of not maintaining the salary nexus with
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Commonwealth members. The Premier, in his public announcement of 11 July 2013, also
announced that retrospective provisions would be provided for in the legislation.
Consultation
The Premier publicly announced the establishment of the Queensland Independent
Remuneration Tribunal on 11 July 2013.
The Clerk of the Parliament and the Queensland Independent Remuneration Tribunal, which
was established administratively on 16 July 2013, have been consulted in the development of
the Bill and support the Bill.
Consistency with legislation of other jurisdictions
The Bill is specific to the State of Queensland. However, other jurisdictions, including the
Commonwealth, New South Wales, Western Australia and the Australian Capital Territory,
have tribunals responsible for determining the salaries, allowances and entitlements of
Members of Parliament in their jurisdictions. The remuneration tribunals and relevant
establishing legislation in these jurisdictions were taken into consideration during the
development of the Bill.
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Queensland Independent Remuneration Tribunal Bill 2013
Notes on provisions
Part 1 Preliminary
Clause 1 sets out the short title of the Bill.
Clause 2 states that the Act commences, or is taken to have commenced on 9 August 2013.
Clause 3 provides that in accordance with the policy objectives of the Bill the main purpose
of the Act is to establish the Queensland Independent Remuneration Tribunal to review and
decide remuneration in connection with members and former members of the Legislative
Assembly.
Clause 4 provides that the Act binds all persons, including the State.
Clause 5 references the dictionary in schedule 1 for definitions of particular words used in the
Act.
Part 2 Queensland Independent Remuneration Tribunal
Clause 6 establishes the Queensland Independent Remuneration Tribunal as a statutory
authority.
Clause 7 outlines that the Tribunal has the functions of reviewing and making determinations
about the remuneration in connection with members and former members of the Legislative
Assembly.
Clause 8 specifies that the Tribunal has the powers necessary or convenient to perform its
functions, including any additional powers given to it under this or another Act. This clause is
in recognition of the need for the Tribunal to be independent and have flexibility with regard
to certain principles, in reviewing and making determinations about the remuneration of
members and former members of the Legislative Assembly.
Clause 9 provides legislative independence for the Tribunal and Tribunal members and
implements the policy objective of providing an independent, impartial and fair mechanism
for determining the remuneration in connection with members and former members of the
Legislative Assembly without any direction or control by any entity, including any Minister.
Clause 10 stipulates that the Tribunal consists of three persons appointed by the Governor in
Council.
Clause 11 lists when a person is eligible for appointment as a Tribunal member and when a
person is not eligible for appointment to the Tribunal. The intent of this provision is to ensure
that any Tribunal members are suitably qualified for appointment and any conflicts of interest,
or perceived conflicts of interest that may result if an ineligible person is appointed are
avoided as far as possible prior to appointment to the Tribunal.
The dictionary in schedule 1 of the Bill defines `conviction', `indictable offence' and `spent
conviction' for the purposes of the Bill.
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Clause 12 provides that a Tribunal member is appointed by the Governor in Council for a
fixed term of three years, unless the member is being appointed to fill a casual vacancy under
clause 20. A fixed term provides certainty for, and ensures the independence of, Tribunal
members.
To allow for continuity of expertise and experience on the Tribunal a member may be
reappointed. There are no limits in the Bill on the number of times that a member may be
reappointed by the Governor in Council.
Clause 13 outlines the conditions of appointment for Tribunal members including that they
are appointed on a part-time basis with remuneration and allowances decided by the
Governor in Council. Tribunal members also hold office on the conditions not provided for in
this Act that are decided by the Governor in Council and are appointed under this Act, and
not the Public Service Act 2008.
Clause 14 enables the Governor in Council to appoint one Tribunal member to be the
chairman of the Tribunal. The member appointed as the chairman may be appointed chairman
at the same time as they are appointed as a Tribunal member and holds office as chairman for
the term of their appointment as a Tribunal member.
Clause 15 allows the Minister to ask the Commissioner of the Queensland Police Service for
a written report about the criminal history (as defined under the Criminal Law (Rehabilitation
of Offenders) Act 1986 to the extent the criminal history relates to indictable offences (other
than spent convictions), and a brief description of the circumstances of a conviction
mentioned in the criminal history of a Tribunal member, or person being considered for
appointment as a Tribunal member.
The inclusion of a current Tribunal member is to allow the Minister to seek a report about the
member's criminal history if the Tribunal member is proposed for reappointment, or to check
that there have been no changes in the Tribunal member's criminal history since they were
appointed to the Tribunal.
If the request relates to a person being considered for appointment to the Tribunal the
Minister may only make the request if the person has given the Minister written consent for
the request.
The Commissioner of the Queensland Police Service must comply with the request only in
relation to information in the Commissioner's possession or to which the Commissioner has
access.
The Minister must ensure a criminal history report is destroyed as soon as practicable after it
is no longer needed for the purpose for which it was requested.
Clause 16 requires a Tribunal member to immediately disclose any changes in their criminal
history to the Minister, unless the Tribunal member has a reasonable excuse.
Contravention by a Tribunal member of the requirement to disclose a change in their criminal
history, without reasonable excuse, may lead to termination of their appointment by the
Governor in Council under clause 18.
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Clause 17 applies to a Tribunal member if they have a direct or indirect interest, financial or
otherwise, in a matter being considered or about to be considered by the Tribunal and the
interest could conflict with the proper performance of the member's duties for considering
the matter.
As soon as practicable after the relevant facts come to the Tribunal member's knowledge the
member must disclose the nature of the interest at a meeting of the tribunal and must not take
part, or further part in any consideration of, or decision about, the matter without the consent
of the other Tribunal members. The Tribunal member's disclosure must be recorded in the
Tribunal's minutes.
Despite clause 23, for quorum purposes, if a Tribunal member is not present at a meeting of
the Tribunal for consideration of, or decision about, the matter that they have an interest in
and there would be a quorum if the member were present, the remaining members present is a
quorum of the Tribunal for considering or deciding the matter at the meeting.
Enabling Tribunal members to assess the disclosed conflict of interest and decide whether to
allow the disclosing member to take part in the consideration or decision about the matter
maintains the independence of the Tribunal while ensuring that conflicts of interest are
appropriately managed.
Clause 18 sets out the basis upon which a member may be removed from office by the
Governor in Council. The grounds for terminating a Tribunal member's appointment are
limited to ensure independence of the Tribunal.
Clause 19 specifies that where a member resigns; is removed by the Governor in Council
under clause 18; or completes a term of office and is not reappointed, the office of the
Tribunal member becomes vacant.
Clause 20 provides that where there is a casual vacancy in the office of a Tribunal member
(for instance, if the member resigns) during the current term of that Tribunal member's
appointment, another eligible person (the new member) is to be appointed by the Governor in
Council for the remainder of their predecessor's term of appointment.
At the expiry of the new member's term of appointment under the casual vacancy provision,
the new member may be reappointed by the Governor in Council under clause 12.
Clause 21 gives the Tribunal discretion, subject to the Act, in how it conducts its business,
including its meetings. This clause recognises the independence of the Tribunal and that it is
not subject to control by any entity in undertaking its functions.
Clause 22 enables the chairman to convene meetings of the Tribunal at the times and places
the chairman decides. Where the chairman is present the chairman will preside. If the
chairman is absent, another Tribunal member nominated by the chairman must preside.
A meeting of the Tribunal may be held using technology to allow reasonably
contemporaneous and continuous communication between Tribunal members such as
teleconferencing or videoconferencing. If this technology is used by a Tribunal member they
are taken to be present at the meeting.
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To enable `flying minutes' a decision of the Tribunal, including a determination or ruling is
validly made even if it is not made at a Tribunal meeting, if notice of the decision is given
under procedures approved by the Tribunal and the quorum requirements are met.
Clause 23 provides that for making a determination or ruling, a quorum is three Tribunal
members. The requirement for all Tribunal members to make a determination or ruling
reflects the importance to be placed upon a determination or ruling.
For all other decisions (excluding a determination or ruling) a quorum is two Tribunal
members. However, if a Tribunal member discloses a conflict of interest under clause 17, the
quorum arrangements may vary depending on whether the conflict of interest disclosed is
resolved to the remaining Tribunal members' satisfaction.
Clause 24 requires the Tribunal to keep minutes of its meetings including a record of all
decisions, including determinations and rulings, of the Tribunal.
Clause 25 provides that as the Tribunal is a statutory authority, the chief executive of the
department with administrative responsibility for the Act must make available to the Tribunal
the staff assistance and resources the Tribunal needs to effectively perform its functions.
Clause 26 provides that as soon as practicable after the end of the financial year, but within a
period that will allow the report to be tabled in the Legislative Assembly within three months
after the end of the financial year to which the report relates, the Tribunal must prepare an
annual report about the operations of the Tribunal to give to the Clerk of the Parliament for
tabling in the Legislative Assembly. On receiving the report the Clerk must table a copy of it
in the Legislative Assembly.
Part 3 Tribunal's determinations
Clause 27 enables the Tribunal to fulfil its functions under the Act, by giving the Tribunal the
power to make determinations about the remuneration in connection with members and
former members of the Legislative Assembly. The term `remuneration' is defined in the
dictionary, schedule 1, to mean the salary, allowances or entitlements in connection with a
member or former member, other than accommodation services or other entitlements
mentioned in clause 55.
The Tribunal may also make determinations about any remuneration (for example
entitlements) that may apply to the spouses of members or former members as per the
definition of spouse of a member and spouse of a former member that was in the Members'
Entitlements Handbook prior to the Tribunal's first determination. The Tribunal may do this
if it chooses, as provisions for these entitlements were included in that Handbook.
Clause 28 gives the Tribunal broad methods of inquiry and outlines procedures for making a
determination. The Tribunal is not bound by the rules of evidence, must have regard to
effective and efficient processes in carrying out its functions and may:
ˇ inquire into, and inform itself of anything in the way it considers appropriate;
ˇ seek and receive written and oral statements from any entity it considers appropriate;
and
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ˇ act with as little formality as it considers appropriate.
Clause 29 lists the general principles the Tribunal may have regard to in making a
determination as follows:
ˇ the value to the community of a member of the Legislative Assembly carrying out the
member's role, functions and responsibilities;
ˇ the importance of a member of the Legislative Assembly being appropriately
remunerated for carrying out the member's role, functions and responsibilities;
ˇ relevant laws applying to members; and
ˇ other matters the Tribunal considers appropriate such as the size of a member of the
Legislative Assembly's electorate.
Different remuneration in connection with different members and former members of the
Legislative Assembly may also be provided for in a determination of the Tribunal.
Clause 30 states the requirements for making a determination. In making a determination the
Tribunal must:
ˇ consult with and consider the views of the Clerk of the Parliament. This is recognition
of the Clerk of the Parliament's role as accountable officer for the remuneration of
members and former members;
ˇ ensure that any allowances to be paid to a member of the Legislative Assembly reflect
the amount of reasonable expenses incurred by a member in servicing the member's
electorate;
ˇ ensure that such allowances are not a substitute for other remuneration; and
ˇ ensure that accommodation, services or other entitlements mentioned in clause 55 are
not taken into account.
Clause 31 requires the Tribunal to make its first determination on or before 15 October 2013.
The Tribunal may make as many determinations as it feels necessary, but the Tribunal is
required to ensure that a determination is made within one year after the previous
determination.
Clause 32 provides that a determination has effect on the day stated in the determination and
may have effect on a day before it is made. This will allow for determinations to be
backdated as considered appropriate, for example, to the commencement of the financial year
on 1 July.
Clause 33 creates a legal entitlement to members or former members of the Legislative
Assembly or their spouses to receive the remuneration decided by the Tribunal under a
determination.
Clause 34 requires a copy of each determination and written notice of the reasons for the
determination to be tabled in the Legislative Assembly. The chairman of the Tribunal is to
give the Clerk of the Parliament these documents to table in the Legislative Assembly,
immediately after receiving them.
Tabling the determinations in the Legislative Assembly ensures that determinations will be
on the public record and those affected by the determinations and rulings (members and
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former members of the Legislative Assembly) will be made aware of any resulting changes to
their remuneration as soon as possible.
Clause 35 requires the chairman to make the determination and reasons for the determination
publicly available as soon as practicable after a determination is made. In practice this will
likely mean publishing the determination and reasons for the determination on the Tribunal's
website.
Clause 36 enables the Clerk of the Parliament, as the relevant accountable officer responsible
for implementing a determination to, by written notice, ask the Tribunal to give a ruling on
the interpretation or application of a determination. The Tribunal must give the ruling to the
Clerk of the Parliament as soon as practicable after the request is made, unless the request is
withdrawn.
Clause 37 limits review and appeal of a Tribunal determination or ruling (decision). Unless
the Supreme Court decides that a Tribunal decision is affected by jurisdictional error, the
decision:
ˇ is final and conclusive;
ˇ cannot be challenged, appealed against, reviewed, quashed, set aside or called into
question in any other way under the Judicial Review Act 1991 or otherwise; and
ˇ is not subject to any declaratory, injunctive or other order of the Supreme Court,
another court, tribunal or another entity on any ground.
This clause reinforces the independence of the Tribunal and is in recognition of the need for
Tribunal decisions to be legally binding on, and not brought into question by any person,
including members and former members of the Legislative Assembly, affected by Tribunal
decisions.
Part 4 Members' remuneration
This part amends and essentially reproduces, where necessary, chapter 7 (Members' salaries
and allowances) of the Parliament of Queensland Act 2001. Chapter 7 of the Parliament of
Queensland Act 2001 will be repealed from 9 August 2013.
Clause 38 provides the definitions for Part 4 for `annual salary', `committee, member', and
`recognised political party'.
Clause 39 defines a recognised political party in the Legislative Assembly. Clause 39 is
essentially a reproduction of sections 112(3) to 112(8) of the Parliament of Queensland Act
2001.
Clause 40 states that the purpose of Part 4 is to provide for particular matters about the
annual salary, and any additional salary or allowances in connection with members of the
Legislative Assembly.
Clause 41 provides that a member of the Legislative Assembly is entitled to an annual salary
decided by the Tribunal under a determination.
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Clause 42 lists the offices that may be entitled under a determination, to be paid salary in
addition to the annual salary the member of the Legislative Assembly is entitled to receive
under clause 41. Another office approved by resolution of the Legislative Assembly may also
be entitled to be paid an additional salary.
The Clause also provides that a determination about additional salary may provide for
different additional salaries for different Ministers having regard to the responsibilities of the
Minister.
Clause 43 provides that the amount of additional salary for a member of the Legislative
Assembly under clause 42 is to be decided by the Tribunal under a determination. A member
of the Legislative Assembly is entitled to be paid only one additional salary, being the higher
or highest of the additional salaries, if the member is entitled to be paid more than one
additional salary.
Clause 44 provides that if the Deputy Speaker acts as Speaker for a continuous period of
30 days or more, and the Speaker is entitled to an additional salary under clause 42, for the
whole period the Deputy Speaker acts, the Deputy Speaker is to be paid an additional salary
at the rate for the time being applicable to the office of the Speaker, instead of any additional
salary payable to the person as the Deputy Speaker. Clause 44 is essentially a reproduction of
section 116 of the Parliament of Queensland Act 2001.
Clause 45 provides that if a temporary Deputy Speaker acts in the office of the Deputy
Speaker for a continuous period of 30 days or more, and the Deputy Speaker is entitled to an
additional salary under Clause 42, for the whole of the period that the temporary Deputy
Speaker acts, the temporary Deputy Speaker is to be paid an additional salary at the rate for
the time being applicable to the office of the Deputy Speaker. Clause 45 is essentially a
reproduction of section 117 of the Parliament of Queensland Act 2001.
Clause 46 provides that if a member acts as a Minister for a continuous period of 30 days or
more, for the whole of the period the member acts, the member is to be paid any additional
salary at the rate for the time being applicable to the office of the Minister. If a Minister (the
first Minister) acts in another Minister's office for a continuous period of 30 days or more,
and a higher additional salary under clause 42 is payable for the other Minister's office, for
the whole period the first Minister acts, the first Minister is to be paid the higher additional
salary at the rate for the time being applicable to the other Minister's office. Clause 46 is
essentially a reproduction of section 118 of the Parliament of Queensland Act 2001.
Clause 47 provides that division 3 only applies for the purpose of deciding the period for
which an annual salary or additional salary for a member of the Legislative Assembly is
payable. Clause 47 is essentially a reproduction of section 119 of the Parliament of
Queensland Act 2001.
Clause 48 sets out when a member's entitlement to be paid a salary as a member starts and
ends. Clause 48 is essentially a reproduction of section 120 of the Parliament of Queensland
Act 2001.
Clause 49 sets out when a member's entitlement to be paid an additional salary under clause
42 starts and ends. Clause 49 is essentially a reproduction of section 121 of the Parliament of
Queensland Act 2001.
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Clause 50 provides for a member's salary to be withheld if it appears to the Speaker, or if the
member concerned is the Speaker, the Deputy Speaker, that the member's seat has become
vacant when the Assembly is not sitting. Clause 50 is essentially a reproduction of section
122 of the Parliament of Queensland Act 2001.
Clause 51 provides for salary sacrifice arrangements for Members of the Legislative
Assembly. Clause 51 provides that a member may elect that the annual salary and any
additional salary of the member be provided in part by the payment of salary to the member
and in part by the payment of superannuation contributions to the superannuation fund of the
member, or an amount under an arrangement about salary packaging that is the same as an
arrangement about salary packaging applying to a public service employee.
A member may also elect for their annual salary and any additional salary to be provided
entirely by the payment of superannuation contributions to the superannuation fund of the
member
If a member elects that part or all of the members' annual salary and any additional salary is
to be provided by payment of superannuation contributions the election must be made by
written notice given to the Clerk.
If a member chooses to salary sacrifice in accordance with clause 51, the member is taken to
have received the annual salary and any additional salary the member is entitled to.
This clause essentially reproduces and expands section 123B of the Parliament of
Queensland Act 2001 to provide that Members of the Legislative Assembly may salary
sacrifice in circumstances other than superannuation contributions. However, those
circumstances are limited and a member must follow the same arrangements about salary
packaging that apply to a public service employee as if the member was a public sector
employee.
Clause 52 allows a member to vary or revoke an election about superannuation contributions
by written notice given to the Clerk. Clause 52 is essentially a reproduction of section 123C
of the Parliament of Queensland Act 2001.
Clause 53 defines `prescribed rate of interest' as interest at the Reserve Bank of Australia
cash rate plus 50 basis points, calculated daily. The cash rate is published on the Reserve
Bank of Australia website at .
Clause 54 provides that a member is entitled to the allowances and entitlements decided by
the Tribunal under a determination.
Clause 55 provides that the Act does not prevent a person from receiving other entitlements
as set out in the clause. Examples of accommodation and services for paragraph (b) of Clause
55 do not include minor office equipment or stationery/consumables as outlined in section 2.5
of the Members' Office Support Handbook as in force before 9 August 2013.
Clause 56 provides that former members of the Legislative Assembly are liable to repay the
pro rata amount of any overpaid advance allowance. The overpaid amount will be subject to
interest if it remains unpaid at the end of six months from the date the person stops being a
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member. The Clerk is able to recover any outstanding debts to the State through a court of
competent jurisdiction, with the approval of the Premier. Clause 56 is essentially a
reproduction of section 123E of the Parliament of Queensland Act 2001.
Clause 57 provides that a member is liable to repay an overpayment of an allowance paid on
condition that the member accounts for the member's expenditure of the allowance to the
Clerk. If the Clerk considers the member has not satisfactorily accounted for the expenditure
of the allowance or part of the allowance, the Clerk is able to deduct the overpayment from
any further allowance to which the member is entitled.
If any part of the overpayment has not been deducted by the Clerk from any further
allowance to which the member is entitled, or is unpaid after the end of six months after the
day the member stops being a member, interest is payable on the unpaid amount. The
overpayment, together with any interest payable is a debt owing to the State and may be
recovered by the Clerk, with the approval of the Premier, in a court of competent jurisdiction.
Clause 58 authorises the Clerk to issue certificates about any overpayments still owing to the
State including associated accrued interest. The certificates may be used in court proceedings.
Clause 59 provides that any amounts payable to a member under this part that the member
has not drawn by the end of seven days after 1 July in each year, become part of the
consolidated fund and the member is no longer entitled to payment of the amounts. Clause 59
is essentially a reproduction of section 123 of the Parliament of Queensland Act 2001.
Part 5 Other matters
Clause 60 requires the Clerk of the Parliament to keep a document titled the Members'
Remuneration Handbook.
Clause 61 gives the Governor in Council the power to make regulations under the Act.
Part 6 Transitional provisions
Clause 62 provides a definition of Member's Entitlements Handbook for part 6.
Clause 63 sets out the purpose of division 2.
Clause 64 sets out the remuneration that a person who was a member of the Legislative
Assembly in the relevant period (1 September 2009 to 30 June 2013) is taken to have been
entitled to. The effect of this clause is to validate the salary rates approved by the Governor in
Council during this period. By extension, this would also validate the flow on adjustments
made under the Superannuation (State Public Sector) Deed 1990.
Clause 65 provides how the Parliamentary Members' Salary Notice (No. 1) 2013 made by
the Governor in Council on 4 July 2013 has no effect and is taken never to have had effect.
Clause 66 sets out how certain remuneration is to be provided to members of the Legislative
Assembly for the period starting on 9 August 2013 and ending on the day the tribunal makes
it first determination for members of the Assembly. The effect of this clause is to return
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members' salaries to the rates that existed as at 30 June 2013, pending the issuing of the
Tribunal's first determination.
Clause 67 provides that despite clause 32 (when a Tribunal determination has effect) the first
determination in connection with members and former members of the Legislative Assembly
has effect on 1 July 2013.
Clause 68 provides that a person who was a member of the Legislative Assembly on 1 July
2013 is liable to repay an overpayment received by the member. The Clerk is empowered to
recover the overpayment by deducting the amount, or the amount in instalments, from the
fortnightly salary payable to the member.
If a member stops being a member after 1 July 2013 and any part of the overpayment is
unpaid after the end of six months after the day the member stops being a member, interest is
payable on the unpaid amount. The overpayment together with any interest payable is a debt
owing to the State and may be recovered by the Clerk, with the approval of the Premier, in a
court of competent jurisdiction.
The Clerk may issue certificates about any overpayments still owing to the State including
associated accrued interest. The certificates may be used in court proceedings.
Clause 69 provides that the Members' Entitlements Handbook and Members' Office Support
Handbook as in effect immediately before 9 August 2013 are taken to be the Members'
Remuneration Handbook.
Clause 70 applies despite clause 12(1) which provides that members of the Tribunal are to be
appointed for a term of three years. The Premier appointed the first Tribunal members on 16
July 2013 and their three year term is to commence from this date. This clause therefore
provides that the term of the first Tribunal members appointed under clause 12 ends three
years after 16 July 2013, being 15 July 2016.
Clause 71 provides a transitional regulation-making power. A regulation (transitional
regulation) may make provision of a saving or transitional nature about a matter that is
necessary to make provision to assist in the administration of or to achieve the purposes of,
the Act; and the Act does not make provision or sufficient provision.
A transitional regulation may have retrospective operation to a day that is not earlier than 9
August 2013 and must declare it is a transitional regulation.
This clause and any transitional regulation expire on 9 August 2014.
Part 7 Amendments and repeal of legislation
Clause 72 states that this division amends this Act.
Clause 73 amends the long title of the Act to omit `Assembly, to amend' and insert
`Assembly'.
Clause 74 states that this division amends the Constitution of Queensland 2001.
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Queensland Independent Remuneration Tribunal Bill 2013
Clause 75 amends section 20 (separate appropriation for Legislative Assembly) of the
Constitution of Queensland 2001, to omit `Parliament of Queensland Act 2001' and insert
`Queensland Independent Remuneration Tribunal Act 2013'.
Clause 76 states that this division amends the Crime and Misconduct Act 2001.
Clause 77 amends section 300 (membership of parliamentary committee) of the Crime and
Misconduct Act 2001 to omit `Manager of Government Business' and insert `Leader of the
House'.
Clause 78 amends schedule 2 (dictionary) of the Crime and Misconduct Act 2001 to omit the
definition of `Manager of Government Business' and insert the definition of `Leader of the
House'.
Clause 79 states that this division amends the Local Government Act 2009.
Clause 80 amends section 183 (establishing the tribunal) of the Local Government Act 2009
to omit section 183 (2)(c) and insert `deciding the maximum amount of remuneration that is
payable to the councillors in each of the categories; and'
Clause 81 amends section 270 (regulation-making power) of the Local Government Act 2009
to omit section 270(2)(a) and insert `the processes of the tribunal; or'.
Clause 82 inserts a new chapter 9, part 6 `Transitional provision for Queensland Independent
Remuneration Tribunal Act 2013' in the Local Government Act 2009 to provide that the
amendment of the Local Government Regulation 2012 by the Queensland Independent
Remuneration Tribunal Act 2013 does not affect the power of the Governor in Council to
further amend the regulation or to repeal it.
Clause 83 states that this division amends the Local Government Regulation 2012.
Clause 84 amends section 241 (establishing categories of local governments) of the Local
Government Regulation 2012 to omit section 241 (2) and insert `the purpose of establishing
categories of local governments is to enable the tribunal to decide the maximum amounts of
remuneration that are payable to mayors and other councillors in each of the categories.
Clause 85 amends section 244 (deciding remuneration) of the Local Government Regulation
2012. The heading of section 244 is amended to include `maximum amount of' after
`deciding'.
Section 244 (1) is omitted and `the tribunal must, before 1 December of each year, and for
each category of local government, decide the maximum amount of remuneration payable
from 1 July of the following year to a councillor, mayor or deputy mayor of a local
government in each category' is inserted.
Subsections 244 (3) and (6) are omitted and the section is renumbered accordingly.
In section 244 (5) `subsection (4)(b)' is omitted and `subsection (3)(b)' is inserted.
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Queensland Independent Remuneration Tribunal Bill 2013
Clause 86 omits section 245 (varying remuneration) of the Local Government Regulation
2012.
Clause 87 amends section 246 (remuneration schedule) of the Local Government Regulation
2012 to omit section 246(1) and insert `the tribunal must prepare a remuneration schedule
after the tribunal makes a decision about maximum amounts of remuneration under section
244'.
Before the word `remuneration' in section 246(2)(c) the words `maximum amount of' have
been inserted.
Clause 88 omits sections 247 and 248 of the Local Government Regulation 2012 and replaces
them with the following:
ˇ Section 247 provides that a local government must pay remuneration to each
councillor of the local government. The maximum amount of remuneration payable to
a councillor under the remuneration schedule will apply unless the local government,
by resolution, decides it is not to apply. If the local government decides the maximum
amount of remuneration is not to apply, it must, by resolution, decide the amount of
remuneration to be paid to each councillor. That amount cannot exceed the maximum
remuneration amount determined by the Tribunal under the remuneration schedule.
The amount of remuneration for each councillor, other than a mayor or deputy mayor,
must be the same subject to section 248. If the local government seeks to apply an
amount other than the maximum amount determined by the Tribunal, it must resolve
to do so within 90 days of gazettal of the remuneration schedule;
ˇ Section 248 applies if a local government considers that, having regard to exceptional
circumstances, a councillor of its local government is entitled to an amount of
remuneration that is more than the maximum amount of remuneration payable to the
councillor under the remuneration schedule. The local government may make a
submission to the tribunal for approval to pay the councillor an amount of
remuneration of more than the maximum amount (a higher amount). The tribunal may,
but is not required to, consider the submission. If the tribunal is satisfied that, having
regard to the exceptional circumstances, the councillor is entitled to be paid any
higher amount the tribunal may approve payment of that amount.
Clause 89 inserts a new Chapter 12, `Transitional provisions for Queensland Independent
Remuneration Tribunal Act 2013' in the Local Government Regulation 2012. The purpose of
the new chapter is to stop any variation of a councillor's salary during the period starting on 1
July 2013 and ending on 30 June 2014. This chapter also clarifies that for the period starting
on 1 January 2014 and ending on 30 June 2014, a councillor of a new local government is
entitled only to the remuneration payable to the person under a decision of the tribunal taken
to be made under previous section 246. A new local government means Douglas Shire
Council, Livingstone Shire Council, Noosa Shire Council and Mareeba Shire Council, all to
come into existence on 1 January 2014.
Clause 90 states that this division amends the Parliamentary Service Act 1988.
Clause 91 amends section 8 (delegations) of the Parliamentary Service Act 1988 to omit `the
chairperson of committees'.
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Queensland Independent Remuneration Tribunal Bill 2013
Clause 92 states that this division amends the Parliament of Queensland Act 2001.
Clause 93 amends section 13 (voting) subsection (b) of the Parliament of Queensland Act
2001 to omit `Chairperson of Committees' and insert `Deputy Speaker'.
Clause 94 amends section 16 (Deputy Speaker in particular circumstances) of the Parliament
of Queensland Act 2001 to omit `Chairperson of Committees' in section 16 (3), (4) and (5)
and insert `Deputy Speaker'. For Section 16 (5) `Chairperson of Committees' is omitted and
`Deputy Speaker' inserted.
Clause 95 replaces the heading of chapter 2, part 4 `Chairperson of Committees' of the
Parliament of Queensland Act 2001 and inserts `Part 4 Deputy Speaker'.
Clause 96 amends section 17 (Chairperson of Committees) and section 17(4) of the
Parliament of Queensland Act 2001 to omit `Chairperson of Committees' and insert `Deputy
Speaker'.
Clause 97 amends section 18 (Chairperson of Committees continues to hold office on
Assembly's expiry or dissolution) of the Parliament of Queensland Act 2001 to omit
`Chairperson of Committees' and insert `Deputy Speaker'.
Clause 98 amends section 20 (how the proxy votes) of the Parliament of Queensland Act
2001 to omit `Chairperson of Committees' and insert `Deputy Speaker'.
Clause 99 amends section 65 (meaning of paid public appointment and related appointment)
of the Parliament of Queensland Act 2001. In section 65(3)(b), after `Act', `or resolution of
the Assembly' is inserted. This is a consequential amendment given clause 42. In Section
65(6), the definition reward in paragraph (a), `chapter 7' is omitted and the Queensland
Independent Remuneration Tribunal Act 2013 is inserted. This is a consequential amendment
given clause 42.
Clause 100 amends section 70 (meaning of transacts business) of the Parliament of
Queensland Act 2001 by omitting the definition of reward in Section 70(5), paragraph (a),
`chapter 7' and insert the Queensland Independent Remuneration Tribunal Act 2013.
Clause 101 amends section 81 (membership) of the Parliament of Queensland Act 2001 to
omit `Manager of Government Business' and insert `Leader of the House'.
Clause 102 amends section 83 (meetings) of the Parliament of Queensland Act 2001 to omit
`Manager of Government Business' and insert `Leader of the House'.
Clause 103 amends section 91 (membership and operation-less than 15% non-government
membership of Assembly) of the Parliament of Queensland Act 2001 to omit `Manager of
Government Business' and insert `Leader of the House'.
Clause 104 amends section 91A (membership and operation-at least 15% but less than 25%
non-government membership of Assembly) of the Parliament of Queensland Act 2001 to
omit `Manager of Government Business' and insert `Leader of the House'.
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Queensland Independent Remuneration Tribunal Bill 2013
Clause 105 amends section 91B (membership and operation-at least 25% but less than 50%
non-government membership of Assembly) of the Parliament of Queensland Act 2001 to
omit `Manager of Government Business' and insert `Leader of the House'.
Clause 106 amends section 91C (membership and operation - at least 50% non-government
membership of Assembly) of the Parliament of Queensland Act 2001 to omit `Manager of
Government Business' and insert `Leader of the House'.
Clause 107 amends section 103 (membership) of the Parliament of Queensland Act 2001 to
omit `Manager of Government Business' and insert `Leader of the House'.
Clause 108 amends section 104 (chairperson) of the Parliament of Queensland Act 2001 to
omit `Manager of Government Business' and insert `Leader of the House'.
Clause 109 omits chapter 7 (members' salaries and allowances) of the Parliament of
Queensland Act 2001.
Clause 110 inserts a new chapter 10, part 7 `Queensland Independent Remuneration Tribunal
Act 2013' into the Parliament of Queensland Act 2001.
Clause 111 amends the schedule (dictionary) of the Parliament of Queensland Act 2001 to
omit the definitions of `Chairperson of Committees', `Manager of Government Business' and
`Temporary Chairperson of Committees' and insert definitions of `Deputy Speaker' and
`Leader of the House'. A reference to `Chairperson of Committees' is also replaced with a
reference to `Deputy Speaker' within the definition of `temporary Chairperson of
Committees'.
Clause 112 repeals the Parliament of Queensland Regulation 2012, SL No. 142.
Schedule 1 Dictionary
Schedule 1 contains the definitions of words used in this Act.
ŠThe State of Queensland 2013
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