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PARLIAMENTARY REMUNERATION (DETERMINATION OF REMUNERATION) AMENDMENT BILL 2015

South Australia

Parliamentary Remuneration (Determination of Remuneration) Amendment Bill 2015

A BILL FOR

An Act to amend the Parliamentary Remuneration Act 1990

.

Contents

Part 1—Preliminary

1Short title

2Commencement

3Amendment provisions

Part 2—Amendment of Parliamentary Remuneration Act 1990

4Amendment of section 3—Interpretation

5Insertion of sections 3A and 3B

3ADeterminations etc of Remuneration Tribunal

3BAbolition of certain allowances etc

6Substitution of section 4

4Remuneration

4AACommon allowance

4ABBasic salary

4ACAdditional salary

7Substitution of Schedule

Schedule—Offices attracting additional salary

Schedule 1—Transitional provision

1Remuneration under Parliamentary Remuneration Act 1990 to continue until determination of Remuneration Tribunal

2Certain annual travel allowance claims not payable

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Parliamentary Remuneration (Determination of Remuneration) Amendment Act 2015.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Parliamentary Remuneration Act 1990

4—Amendment of section 3—Interpretation

(1) Section 3, definitions of basic salary and benefits—delete the definitions and substitute:

additional salary—see section 4AC(1);

basic salary—see section 4AB;

common allowance—see section 4AA;

(2) Section 3—after the definition of non-participating member insert:

remuneration means—

(a) salary; and

(b) allowances; and

(c) expenses (including travel expenses); and

(d) fees; and

(e) any other benefit (whether of a pecuniary nature or otherwise);

5—Insertion of sections 3A and 3B

After section 3 insert:

3A—Determinations etc of Remuneration Tribunal

(1) In relation to an enquiry, determination or other function under this Act, the Remuneration Tribunal must endeavour to maximise the transparency of parliamentary remuneration.

(2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this Act.

(3) The Remuneration Tribunal may make different provision according to the member, the electorate, the House of Parliament or the circumstances to which the determination is to apply.

(4) The Remuneration Tribunal may, subject to section 4A(3), vary an amount payable according to any other factor that the Remuneration Tribunal considers relevant.

(5) A date fixed by the Remuneration Tribunal as the date on which a determination comes into operation may be earlier than the date of the determination (but not earlier than the date of commencement of this section).

(6) The regulations may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this Act.

3B—Abolition of certain allowances etc

(1) Subject to this section, any of the following remuneration that was payable to members and former members of Parliament immediately before the commencement of this section is no longer payable:

(a) annual travel allowance;

(b) the metrocard special pass;

(c) remuneration consisting of subsidised or free interstate rail travel;

(d) payment for service by members on parliamentary committees (other than presiding members);

(e) expense allowances for Ministers of the Crown determined by the Remuneration Tribunal;

(f) expense allowances for the following officers of the Parliament determined by the Remuneration Tribunal:

(i) Speaker;

(ii) Chairman of Committees;

(iii) Leader of the Opposition in the House of Assembly;

(iv) Deputy Leader of the Opposition in the House of Assembly;

(v) President;

(vi) Leader of the Opposition in the Legislative Council.

(2) Subsection (1)

does not apply in relation to the remuneration referred to in paragraphs (a)

to (d)

(inclusive) until the Remuneration Tribunal has made the first determinations under section 4AA(1)(b) and (2) following the commencement of that section.

(3) Remuneration of a kind referred to in subsection (1)

will continue to be payable to persons who are, on the commencement of this section, former members of Parliament to whom the remuneration is payable.

(4) Nothing in this section limits the operation of section 6A.

6—Substitution of section 4

Section 4—delete the section and substitute:

4—Remuneration

(1) The remuneration of a member of Parliament consists of—

(a) the basic salary; and

(b) such additional salary as may be payable to the member; and

(c) such electorate allowances and other remuneration as may be determined from time to time by the Remuneration Tribunal or is otherwise payable in accordance with this Act.

(2) The Remuneration Tribunal must, in determining electorate allowances and other remuneration for members of Parliament—

(a) have regard not only to their parliamentary duties but also to—

(i) their duty to be actively involved in community affairs; and

(ii) their duty to represent and assist their constituents in dealings with governmental and other public agencies and authorities; and

(b) must not reduce an amount payable merely because there has been a change in basic salary.

4AA—Common allowance

(1) The Remuneration Tribunal must, as soon as is reasonably practicable after the commencement of this section—

(a) ascertain the full value of the following components of remuneration payable to members of Parliament immediately before the commencement of this section (being remuneration that is, on the commencement of section 3B, no longer payable):

(i) annual travel allowance;

(ii) metrocard special pass;

(iii) remuneration consisting of subsidised or free interstate rail travel; and

(b) determine an amount of remuneration that reasonably compensates members of Parliament for the abolition of each of those components.

(2) The Remuneration Tribunal must, as soon as is reasonably practicable after the commencement of this section, determine the amount of remuneration payable to all members of Parliament for their service as ordinary members on parliamentary committees, comprising—

(a) an amount equal to the quotient of the total amount of additional salary paid to ordinary members of all parliamentary committees for the financial year immediately preceding the commencement of this section, divided by the number of members of both Houses of Parliament; and

(b) if the Remuneration Tribunal considers that the amount calculated under paragraph (a)

does not adequately remunerate members for their service as ordinary members on parliamentary committees—an additional amount determined by the Remuneration Tribunal.

(3) The Remuneration Tribunal must, at least once in each 12 month period, review the remuneration referred to in subsection (1)(b)

and subsection (2)

and may, if it considers it appropriate to do so, determine to increase an amount of remuneration payable by a specified amount.

(4) The aggregated amount (up to a maximum of $42 000) of the remuneration referred to in subsection (1)(b)

and subsection (2)

as varied from time to time will be taken to be the common allowance payable to all members of Parliament.

(5) In this section—

ordinary member, of a parliamentary committee, means a member who is not a presiding member.

4AB—Basic salary

The basic salary payable to a member of Parliament is salary at a rate equal to the rate from time to time of the Commonwealth basic salary less $42 000 plus the common allowance for the relevant year.

4AC—Additional salary

(1) If a member of Parliament holds an office specified in the Schedule, additional salary is payable to the member at a rate equal to the percentage of the basic salary (calculated to the nearest dollar) specified in the Schedule in relation to that office.

(2) The Remuneration Tribunal may determine that a member holding an office other than those specified in the Schedule should be paid additional salary.

(3) If the Remuneration Tribunal makes a determination under subsection (2)

, the Remuneration Tribunal must determine the rate of additional salary (whether calculated as a percentage of the basic salary or otherwise) that will be paid to a member holding the office as additional salary.

(4) A person who holds more than 1 office as a Minister of the Crown may only be paid additional salary and other remuneration in respect of 1 of those offices.

(5) A person who holds more than 1 office specified in the Schedule may only be paid additional salary and other remuneration in respect of 1 of those offices.

(6) The number of shadow Ministers paid additional salary at any time is not to exceed the number of Ministers of the Crown holding office at that time (and, if there are more shadow Ministers than Ministers of the Crown, then the Leader of the Opposition in the House of Assembly is to nominate which of the shadow Ministers are to be paid additional salary).

7—Substitution of Schedule

Schedule—delete the Schedule and substitute:

Schedule—Offices attracting additional salary