{"id":"parliamentary-remuneration-act-1990","name":"Parliamentary Remuneration Act 1990","slug":"parliamentary-remuneration-act-1990","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106210,"registerId":"sa-parliamentary-remuneration-act-1990-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parliamentary Remuneration Act 1990","content":"South Australia\nParliamentary Remuneration Act 1990\nAn Act to make provision in relation to the remuneration of members of Parliament; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tDeterminations etc of Remuneration Tribunal\n3B\tAbolition of certain allowances etc\n4\tRemuneration\n4AA\tCommon allowance\n4AB\tBasic salary\n4AC\tAdditional salary\n4A\tNon-monetary benefits\n4B\tSalary sacrifice for superannuation purposes\n5\tCessation of entitlement to remuneration\n5A\tInvoluntary retirement payment\n6\tPayment from Consolidated Account\n6A\tAbility to provide other allowances and benefits\n7\tRegulations\nSchedule—Offices attracting additional salary\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Parliamentary Remuneration Act 1990.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nadditional salary—see section 4AC(1);\nbasic salary—see section 4AB;\ncommon allowance—see section 4AA;\nCommonwealth basic salary means the annual allowance by way of salary from time to time payable under the law of the Commonwealth to a member of the House of Representatives of the Parliament of the Commonwealth who is not entitled to any additional allowance for holding any office, or performing any function, in, or in relation to, that Parliament or that House;\nnon‑participating member means a member of either House of Parliament who has made an election under section 7E of the Parliamentary Superannuation Act 1974;\nPSS 3 means the scheme of superannuation known as PSS 3 under the Parliamentary Superannuation Act 1974;\nremuneration means—\n\t(a)\tsalary; and\n\t(b)\tallowances; and\n\t(c)\texpenses (including travel expenses); and\n\t(d)\tfees; and\n\t(e)\tany other benefit (whether of a pecuniary nature or otherwise).\n3A—Determinations etc of Remuneration Tribunal\n\t(1)\tIn relation to an enquiry, determination or other function under this Act, the Remuneration Tribunal must endeavour to maximise the transparency of parliamentary remuneration.\n\t(2)\tJurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this Act.\n\t(3)\tThe 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.\n\t(4)\tThe Remuneration Tribunal may, subject to section 4A(3), vary an amount payable according to any other factor that the Remuneration Tribunal considers relevant.\n\t(5)\tA 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).\n\t(6)\tThe regulations may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this Act.\n3B—Abolition of certain allowances etc\n\t(1)\tSubject 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:\n\t(a)\tannual travel allowance;\n\t(b)\tthe metrocard special pass;\n\t(c)\tremuneration consisting of subsidised or free interstate rail travel;\n\t(d)\tpayment for service by members on parliamentary committees (other than presiding members);\n\t(e)\texpense allowances for Ministers of the Crown determined by the Remuneration Tribunal;\n\t(f)\texpense allowances for the following officers of the Parliament determined by the Remuneration Tribunal:\n\t(i)\tSpeaker;\n\t(ii)\tChairman of Committees;\n\t(iii)\tLeader of the Opposition in the House of Assembly;\n\t(iv)\tDeputy Leader of the Opposition in the House of Assembly;\n\t(v)\tPresident;\n\t(vi)\tLeader of the Opposition in the Legislative Council.\n\t(2)\tSubsection (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.\n\t(3)\tRemuneration 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.\n\t(4)\tNothing in this section limits the operation of section 6A.\n4—Remuneration\n\t(1)\tThe remuneration of a member of Parliament consists of—\n\t(a)\tthe basic salary; and\n\t(b)\tsuch additional salary as may be payable to the member; and\n\t(c)\tsuch 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.\n\t(2)\tThe Remuneration Tribunal must, in determining electorate allowances and other remuneration for members of Parliament—\n\t(a)\thave regard not only to their parliamentary duties but also to—\n\t(i)\ttheir duty to be actively involved in community affairs; and\n\t(ii)\ttheir duty to represent and assist their constituents in dealings with governmental and other public agencies and authorities; and\n\t(b)\tmust not reduce an amount payable merely because there has been a change in basic salary.\n4AA—Common allowance\n\t(1)\tThe Remuneration Tribunal must, as soon as is reasonably practicable after the commencement of this section—\n\t(a)\tascertain 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):\n\t(i)\tannual travel allowance;\n\t(ii)\tmetrocard special pass;\n\t(iii)\tremuneration consisting of subsidised or free interstate rail travel; and\n\t(b)\tdetermine an amount of remuneration that reasonably compensates members of Parliament for the abolition of each of those components.\n\t(2)\tThe 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—\n\t(a)\tan 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\n\t(b)\tif 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.\n\t(3)\tThe 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.\n\t(4)\tThe 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.\n\t(5)\tIn this section—\nordinary member, of a parliamentary committee, means a member who is not a presiding member.\n4AB—Basic salary\nThe 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.\n4AC—Additional salary\n\t(1)\tIf 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.\n\t(2)\tThe Remuneration Tribunal may determine that a member holding an office other than those specified in the Schedule should be paid additional salary.\n\t(3)\tIf 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.\n\t(4)\tA 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.\n\t(5)\tA 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.\n\t(6)\tThe 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).\n\t(7)\tIf a member of Parliament ceases to hold an office specified in the Schedule and the relevant presiding officer for the member certifies, on the basis of medical evidence provided by the member, that they are satisfied that the cessation is due to the ill health, or a disability, of the member, the member continues to be entitled to additional salary as if they had not ceased to hold the office until—\n\t(a)\tthe member is again appointed to an office specified in the Schedule; or\n\t(b)\tthe member ceases to be a member of Parliament; or\n\t(c)\tthe relevant presiding officer for the member is no longer satisfied that the member is unable to hold an office specified in the Schedule due to the ill health, or a disability, of the member; or\n\t(d)\tthe House of Assembly is next dissolved by the Governor,\nwhichever occurs first.\n\t(8)\tThe relevant presiding officer for a member of Parliament who is receiving additional salary in accordance with subsection (7) may, at any time, require the member to provide further medical evidence for the purpose of satisfying the relevant presiding officer that the member continues to be unable to hold an office specified in the Schedule due to the ill health, or a disability, of the member.\n\t(9)\tIn this section—\nmedical evidence means a report or certificate of a medical practitioner;\nrelevant presiding officer for a member means—\n\t(a)\tin the case of a member of the House of Assembly—the Speaker of the House of Assembly; or\n\t(b)\tin the case of a member of the Legislative Council—the President of the Legislative Council.\n4A—Non-monetary benefits\n\t(1)\tA determination of the Remuneration Tribunal, in accordance with section 4, with respect to the provision of non-monetary benefits for members of Parliament may—\n\t(a)\tprovide for the provision (at the option of a member) of any article, motor vehicle, equipment or service to members; and\n\t(b)\tspecify the terms and conditions which are to apply to the provision and use of such articles, motor vehicles, equipment or services; and\n\t(c)\tprovide for the calculation and imposition of any contribution which the member is required to make towards the cost of providing the article, motor vehicle, equipment or service; and\n\t(d)\tmake any other provision necessary to give effect to the determination.\n\t(2)\tIf the Remuneration Tribunal determines that a contribution is payable by a member of Parliament towards the cost of providing an article, motor vehicle, equipment or service, a member of Parliament may, in accordance with the determination of the Tribunal and despite any other provision of this Act, elect to pay the contribution by any of the following means, or by a combination of the following means:\n\t(a)\tby way of a salary sacrifice by the member;\n\t(b)\tby way of a reduction in the allowances and expenses that would otherwise be payable to the member;\n\t(c)\tby a direct payment by the member to the Treasurer.\n\t(3)\tExcept as provided by subsection (2), a determination of the Remuneration Tribunal must not provide for any reduction in the electorate allowances and other allowances and expenses payable to members of Parliament by reason of the provision of any non-monetary benefits to members.\n\t(4)\tIn making a determination with respect to the provision of non-monetary benefits for members of Parliament, the Remuneration Tribunal must have regard to any non‑monetary benefits provided under the law of the Commonwealth to senators or members of the House of Representatives of the Parliament of the Commonwealth, and to the terms and conditions on which such benefits are provided.\n\t(5)\tA determination of the Remuneration Tribunal with respect to the provision of motor vehicles to members of Parliament must specify a motor vehicle, or range of motor vehicles, that will constitute the standard motor vehicle to be provided to members in accordance with the determination.\n\t(6)\tA member of Parliament who is, in accordance with a determination of the Remuneration Tribunal, entitled to be provided with a motor vehicle may request the provision of a motor vehicle that is other than a standard motor vehicle specified in the determination, provided that any extra cost involved in the provision of such a motor vehicle is to be borne by the member in accordance with guidelines determined by the Remuneration Tribunal (and is payable in a manner determined under those guidelines).\n4B—Salary sacrifice for superannuation purposes\n\t(1)\tIn this section—\nsalary means basic salary and additional salary (if any).\n\t(2)\tA member of Parliament may elect to forego a percentage or amount of salary that would otherwise be paid to the member and instead have contributions made—\n\t(a)\tin the case of a non‑participating member—to the complying fund that applies in relation to the member under section 7E of the Parliamentary Superannuation Act 1974; and\n\t(b)\tin any other case—to PSS 3,\nfor superannuation purposes.\n\t(3)\tThe election must—\n\t(a)\tbe made in writing; and\n\t(b)\tbe signed by the member; and\n\t(c)\tbe furnished to the Treasurer.\n\t(4)\tThe election must—\n\t(a)\tspecify the percentage or amount of salary that is foregone; and\n\t(b)\tspecify the date from which the election is to have effect, being a date—\n\t(i)\tthat is at least 14 days after the date on which the notice is furnished to the Treasurer; and\n\t(ii)\tthat coincides with a date on which salary is actually due to be paid to the member; and\n\t(c)\tcontain such other information (if any) as is required by the Treasurer.\n\t(6)\tIf an amount of salary is specified, it must be an amount of salary per pay period.\n\t(7)\tIf a member has made an election under this section then, while the election has effect—\n\t(a)\tthe salary to which the member would otherwise be entitled under this Act is reduced in accordance with the terms of the election; and\n\t(b)\tthe Treasurer must make contributions of amounts representing the amount of reduction for the benefit of the member—\n\t(i)\tin the case of a non‑participating member—to the complying fund that applies in relation to the member under section 7E of the Parliamentary Superannuation Act 1974; and\n\t(ii)\tin any other case—in accordance with section 14C(2) of the Parliamentary Superannuation Act 1974.\n\t(8)\tA member who has made an election under this section may vary the election from time to time in accordance with the regulations.\n\t(9)\tAn election under this section will cease to have effect if—\n\t(a)\tthe member dies; or\n\t(b)\tthe member revokes the election by notice in writing furnished to the Treasurer in accordance with the regulations.\n\t(10)\tFor the purposes of determining a percentage of salary under this section, any amount that may be deducted from salary under section 4A or 6A(2) will be disregarded.\n\t(11)\tA member who has made an election under this section must—\n\t(a)\tpay to the Treasurer an administrative charge of an amount fixed by the Treasurer at intervals, and in a manner, specified by the Treasurer; and\n\t(b)\tif required by the Treasurer, enter into an arrangement specified by the Treasurer under which the member indemnifies the Crown with respect to—\n\t(i)\tany income tax or other taxation liability whatsoever (including any administrative penalty, fine or other amount) that may become payable pursuant to any relevant taxation legislation or ruling; and\n\t(ii)\tany other liability that may arise on account of the member's decision to sacrifice salary under this section.\n5—Cessation of entitlement to remuneration\nThe entitlement of a member of Parliament to remuneration under this Act does not cease by reason of the fact that he or she has ceased to be a member—\n\t(a)\ton the dissolution of the House of which he or she is a member; or\n\t(b)\ton the expiry of the member's term by the effluxion of time,\nbut such entitlement does cease—\n\t(c)\tin the case of the additional salary and allowances, expenses and benefits in respect of an office specified in the Schedule—when the person ceases to hold that office (subject to section 4AC(7)); and\n\t(d)\tin the case of other remuneration—when a successor is elected as a member of Parliament in his or her place.\n5A—Involuntary retirement payment\n\t(1)\tAn eligible member who retires involuntarily following the commencement of this section is entitled to an involuntary retirement payment equal to 12 weeks of basic salary (which will be taken to be remuneration for the purposes of section 6).\n\t(2)\tA former member will be taken to have retired involuntarily for the purposes of subsection (1) if, and only if, the former member is taken to have retired involuntarily for the purposes of the Parliamentary Superannuation Act 1974.\n\t(3)\tHowever, a former member who is taken to have retired involuntarily for the purposes of the Parliamentary Superannuation Act 1974 on the basis that, following the expiration of the member's term of office or his or her resignation, the member sought to be and was elected at an election for the Parliament of another State or the Commonwealth will not be taken to have retired involuntarily for the purposes of subsection (1).\n\t(4)\tIn this section—\neligible member means—\n\t(a)\ta PSS 3 member; or\n\t(b)\ta non‑participating member;\nPSS 3 member means a member of PSS 3 under the Parliamentary Superannuation Act 1974, other than—\n\t(a)\ta person who is only a member of PSS 3 in order to establish—\n\t(i)\ta rollover account under section 7F of that Act; or\n\t(ii)\ta Government contribution account under section 7G of that Act,\n(or both); or\n\t(b)\ta person who is also a member pensioner (within the meaning of that Act).\n6—Payment from Consolidated Account\nA member of Parliament is entitled to the remuneration fixed by or under this Act and this section is sufficient authority for the payment from the Consolidated Account of the amounts required for that purpose.\n6A—Ability to provide other allowances and benefits\n\t(1)\tThis Act does not limit or affect the ability of the Parliament or the Crown to provide allowances and other benefits that are additional or supplementary to the awards of the Remuneration Tribunal under this Act.\n\t(2)\tIf the Parliament or the Crown offers to provide any allowance or benefit to a member of Parliament under this section and it is a condition of that offer that the member pay a contribution towards the cost of providing the allowance or benefit—\n\t(a)\tthe provision of the allowance or benefit must be at the option of the member; and\n\t(b)\tthe member may, despite any other provision of this Act, elect to pay the contribution by any of the following means, or by a combination of the following means:\n\t(i)\tby way of a salary sacrifice by the member;\n\t(ii)\tby way of a reduction in the allowances and expenses that would otherwise be payable to the member;\n\t(iii)\tby a direct payment by the member to the Treasurer.\n7—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\nSchedule—Offices attracting additional salary\n\nOffice\nPercentage of basic salary\nPremier\n100\nDeputy Premier\n85\nLeader of the Opposition in the House of Assembly\n75\nDeputy Leader of the Opposition in the House of Assembly\n60\nLeader of the Government in the Legislative Council\n85\nLeader of the Opposition in the Legislative Council\n60\nDeputy Leader of the Opposition in the Legislative Council\n10\nSpeaker of the House of Assembly\n75\nPresident of the Legislative Council\n75\nGovernment Whip in the House of Assembly\n18\nOpposition Whip in the House of Assembly\n18\nGovernment Whip in the Legislative Council\n10\nOpposition Whip in the Legislative Council\n10\nMinister of the Crown (if a member of Executive Council)\n75\nMinister of the Crown (if not a member of Executive Council)\n41\nShadow Minister\n25\nParliamentary Secretary\n20\nChairman of Committees in the House of Assembly\n37.5\nPresiding Member of the Aboriginal Lands Parliamentary Standing Committee\n14\nPresiding Member of the Economic and Finance Committee\n17\nPresiding Member of the Environment, Resources and Development Committee\n17\nPresiding Member of the Legislative Review Committee\n14\nPresiding Member of the Public Works Committee\n14\nPresiding Member of the Social Development Committee\n14\nPresiding Member of the Statutory Authorities Review Committee\n14\nPresiding Member of the Natural Resources Committee (unless a Minister)\n14\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1990\n14\nParliamentary Remuneration Act 1990\n12.4.1990\n19.4.1990 (Gazette 19.4.1990 p1136)\n1991\n50\nParliamentary Committees Act 1991\n21.11.1991\n11.2.1992 (Gazette 5.12.1991 p1668)\n1994\n18\nParliamentary Committees (Miscellaneous) Amendment Act 1994\n12.5.1994\n12.5.1994 (Gazette 12.5.1994 p1188)\n1994\n84\nParliamentary Remuneration (Salary Rates Freeze) Amendment Act 1994\n8.12.1994\n8.12.1994\n1995\n22\nParliamentary Remuneration (Basic Salary) Amendment Act 1995\n20.4.1995\n1.7.1995: s 2\n1996\n89\nParliamentary Remuneration (Supplementary Allowances and Benefits) Amendment Act 1996\n12.12.1996\n12.12.1996\n1997\n69\nStatutes Amendment (Ministers of the Crown) Act 1997\n11.12.1997\nPt 6 (s 11)—17.12.1997 (Gazette 17.12.1997 p1639)\n2002\n29\nConstitution (Parliamentary Secretaries) Amendment Act 2002\n7.11.2002\n7.11.2002\n2003\n24\nAboriginal Lands Parliamentary Standing Committee Act 2003\n24.7.2003\nSch (cl 5)—18.9.2003 (Gazette 18.9.2003 p3599)\n2003\n34\nParliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Act 2003\n31.7.2003\n31.7.2003\n2003\n35\nRiver Murray Act 2003\n31.7.2003\nSch (cl 18)—24.11.2003 (Gazette 20.11.2003 p4203)\n2004\n39\nParliamentary Remuneration (Non-monetary Benefits) Amendment Act 2004\n12.8.2004\n12.8.2004\n2004\n47\nParliamentary Remuneration (Restoration of Provisions) Amendment Act 2004\n9.12.2004\n9.12.2004\n2005\n43\nParliamentary Superannuation (Scheme for New Members) Amendment Act 2005\n21.7.2005\nPt 3 (ss 48 & 49)—15.9.2005 (Gazette 15.9.2005 p3346)\n2010\n15\nStatutes Amendment (Members' Benefits) Act 2010\n7.10.2010\nPt 2 (ss 4—6)—7.10.2010: s 2(1)\n2011\n47\nParliamentary Remuneration (Basic Salary) Amendment Act 2011\n8.12.2011\n8.12.2011\n2012\n15\nParliamentary Remuneration (Basic Salary) Amendment Act 2012\n24.5.2012\n1.7.2012: s 2\n2013\n56\nAboriginal Lands Parliamentary Standing Committee (Presiding Member) Amendment Act 2013\n7.11.2013\nSch 1 (cl 1)—7.12.2013: s 2\n2015\n24\nParliamentary Remuneration (Determination of Remuneration) Amendment Act 2015\n1.10.2015\n29.10.2015 (Gazette 29.10.2015 p4741)\n2025\n79\nStatutes Amendment (Superannuation and Other Payments) Act 2025\n4.12.2025\nPt 3 (ss 4 to 6)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n31.7.2003\ns 3\n\n\nadditional salary\ninserted by 24/2015 s 4(1)\n29.10.2015\nbasic salary\nsubstituted by 84/1994 s 2\n8.12.1994\n\nsubstituted by 22/1995 s 3\n1.7.1995\n\nsubstituted by 47/2011 s 3\n8.12.2011\n\nsubstituted by 15/2012 s 4\n1.7.2012\n\nsubstituted by 24/2015 s 4(1)\n29.10.2015\nbenefits\ninserted by 34/2003 s 3\n31.7.2003\n\ndeleted by 24/2015 s 4(1)\n29.10.2015\ncommon allowance\ninserted by 24/2015 s 4(1)\n29.10.2015\nnon-participating member\ninserted by 15/2010 s 4\n7.10.2010\nPSS 3\ninserted by 15/2010 s 4\n7.10.2010\nremuneration\ninserted by 24/2015 s 4(2)\n29.10.2015\nss 3A and 3B\ninserted by 24/2015 s 5\n29.10.2015\ns 4 before substitution by 24/2015\n\n\ns 4(1)\namended by 34/2003 s 4(1)\n31.7.2003\ns 4(2)\namended by 34/2003 s 4(2)\n31.7.2003\ns 4(4)\namended by 34/2003 s 4(3)\n31.7.2003\ns 4(5)\nsubstituted by 34/2003 s 4(4)\n31.7.2003\ns 4\nsubstituted by 24/2015 s 6\n29.10.2015\nss 4AA and 4AB\ninserted by 24/2015 s 6\n29.10.2015\ns 4AC\ninserted by 24/2015 s 6\n29.10.2015\ns 4AC(7)—(9)\ninserted by 79/2025 s 4\n4.12.2025\ns 4A\ninserted by 34/2003 s 5\n31.7.2003\ns 4A(2)\namended by 47/2004 s 3(1)\n9.12.2004\ns 4A(3)\namended by 39/2004 s 3(1)\n12.8.2004\n\namended by 47/2004 s 3(2)\n9.12.2004\ns 4A(4)\namended by 39/2004 s 3(2)\n12.8.2004\n\namended by 47/2004 s 3(3)\n9.12.2004\ns 4A(5)\nsubstituted by 39/2004 s 3(3)\n12.8.2004\n\nsubstituted by 47/2004 s 3(4)\n9.12.2004\ns 4B\ninserted by 39/2004 s 4\n12.8.2004\n\ndeleted by 47/2004 s 4\n9.12.2004\n\ninserted by 43/2005 s 48\n15.9.2005\ns 4B(1)\n\n\neligible member\ndeleted by 15/2010 s 5(1)\n7.10.2010\nnon-participating member\ndeleted by 15/2010 s 5(1)\n7.10.2010\nPSS 3\ndeleted by 15/2010 s 5(1)\n7.10.2010\nPSS 3 member\ndeleted by 15/2010 s 5(1)\n7.10.2010\ns 4B(2)\namended by 15/2010 s 5(2), (3)\n7.10.2010\ns 4B(4)\namended by 79/2025 s 5(1)\n4.12.2025\ns 4B(5)\ndeleted by 79/2025 s 5(2)\n4.12.2025\ns 4B(7)\namended by 15/2010 s 5(4)\n7.10.2010\ns 4B(10)\namended by 79/2025 s 5(3)\n4.12.2025\ns 5\nsubstituted by 34/2003 s 5\n31.7.2003\n\namended by 79/2025 s 6\n4.12.2025\ns 5A\ninserted by 15/2010 s 6\n7.10.2010\ns 6\namended by 34/2003 s 6\n31.7.2003\ns 6A\n\n\ns 6A(1)\ns 6A inserted by 89/1996 s 2\n12.12.1996\n\ns 6A redesignated as s 6A(1) by 47/2004 s 5\n9.12.2004\ns 6A(2)\ninserted by 47/2004 s 5\n9.12.2004\ns 6A(3)\ninserted by 47/2004 s 5\n9.12.2004\n\ndeleted by 43/2005 s 49\n15.9.2005\nSch before substitution by 24/2015\namended by 50/1991 Sch Pt 2\n11.2.1992\n\namended by 18/1994 Sch cl 3\n12.5.1994\n\namended by 69/1997 s 11\n17.12.1997\n\namended by 29/2002 s 5\n7.11.2002\n\namended by 24/2003 Sch cl 5\n18.9.2003\n\namended by 35/2003 Sch cl 18\n24.11.2003\n\namended by 56/2013 Sch 1 cl 1(1), (2)\n7.12.2013\nSch\nsubstituted by 24/2015 s 7\n29.10.2015\nTransitional etc provisions associated with Act or amendments\nParliamentary Remuneration (Supplementary Allowances and Benefits) Amendment Act 1996\n3—Application of amendment\nThe amendment made to the principal Act by this Act operates both prospectively and retrospectively.\nParliamentary Remuneration (Powers of Remuneration Tribunal) Amendment Act 2003, Sch\n2—Transitional provision\nThe President of the Remuneration Tribunal must, within two months after the commencement of this Act, convene a sitting of the Tribunal for the purpose of reviewing any determination of the Tribunal that is in force under the Parliamentary Remuneration Act 1990 at the commencement of this Act.\nParliamentary Remuneration (Non-monetary Benefits) Amendment Act 2004, Sch 1—Transitional provisions\n\tThe Remuneration Tribunal must, within 4 months after the commencement of this clause, make a determination in accordance with section 4A of the Parliamentary Remuneration Act 1990 providing for the provision of a motor vehicle to each member of Parliament (at the option of each member).\nParliamentary Remuneration (Restoration of Provisions) Amendment Act 2004, Sch 1—Transitional provisions\n\tThe requirement, under Schedule 1 of the Parliamentary Remuneration (Non-monetary Benefits) Amendment Act 2004, for the Remuneration Tribunal to make a determination, within 4 months after the commencement of that Act, as specified in that Schedule is revoked (and any determination made in accordance with that requirement is void and of no effect).\nParliamentary Superannuation (Scheme for New Members) Amendment Act 2005, Sch 1—Transitional provisions\n2—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.\nParliamentary Remuneration (Determination of Remuneration) Amendment Act 2015, Sch 1—Transitional provision\n1—Remuneration under Parliamentary Remuneration Act 1990 to continue until determination of Remuneration Tribunal\nOn the commencement of this clause, the remuneration of a member of Parliament will, subject to clause 2, continue to be determined in accordance with the Parliamentary Remuneration Act 1990 as if this Act had not been enacted until any required determinations of the Remuneration Tribunal have come into operation.\nNote—\nThis includes, to avoid doubt, the remuneration abolished under section 3B of the Parliamentary Remuneration Act 1990 (as enacted by this Act).\n2—Certain annual travel allowance claims not payable\n\t(1)\tThis clause applies to an amount of annual travel allowance claimed by a member of Parliament in circumstances where the claim—\n\t(a)\tis made on or after 1 September 2015; and\n\t(b)\trelates to travel undertaken, or to be undertaken, on or after 1 September 2015; and\n\t(c)\trequires an amount of the member's annual travel allowance for a following year or years to be brought forward.\n\t(2)\tHowever, this clause does not apply to an amount of annual travel allowance referred to in subclause (1) if payment of the amount of travel allowance so claimed was authorised prior to 1 September 2015 by—\n\t(a)\tif the member is a member of the House of Assembly—the Speaker of the House of Assembly; or\n\t(b)\tif the member is a member of the Legislative Council—the President of the Legislative Council.\n\t(3)\tDespite a provision of the Parliamentary Remuneration Act 1990, an amount of annual travel allowance to which this clause applies—\n\t(a)\tif the amount has not been paid to the member of Parliament—will be taken not to be payable to the member; or\n\t(b)\tif the amount has been paid to the member of Parliament—must be repaid by the member in accordance with a scheme determined by—\n\t(i)\tif the member is a member of the House of Assembly—the Speaker of the House of Assembly; or\n\t(ii)\tif the member is a member of the Legislative Council—the President of the Legislative Council.\nHistorical versions\nReprint No 1—11.2.1992\n\nReprint No 2—12.5.1994\n\nReprint No 3—8.12.1994\n\nReprint No 4—1.7.1995\n\nReprint No 5—12.12.1996\n\nReprint No 6—17.12.1996\n\nReprint No 7—7.11.2002\n\nReprint No 8—31.7.2003\n\nReprint No 9—18.9.2003\n\nReprint No 10—24.11.2003\n\n12.8.2004\n\n9.12.2004\n\n15.9.2005\n\n7.10.2010\n\n8.12.2011\n\n1.7.2012\n\n7.12.2013\n\n29.10.2015\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has broadened since the original 1990 text. Originally a statute to set parliamentary pay, it now: (a) delegates extensive operational power to the Remuneration Tribunal to make determinations and vary treatment by member/electorate/House (section 3A); (b) abolishes several specific historic allowances and replaces them with a Tribunal‑calculated common allowance (sections 3B and 4AA); (c) expressly provides for non‑monetary benefits and the terms on which members may receive and contribute to them (section 4A); (d) establishes formal salary‑sacrifice mechanics into superannuation with Treasurer‑administered requirements and member indemnities (section 4B); and (e) adds an involuntary retirement payment linked to the Parliamentary Superannuation Act (section 5A). Those additions move the Act beyond a simple schedule of rates into a framework of delegated determinations, optional benefit mechanisms and interactions with superannuation law."},"complexity_factors":["Multiple defined terms introduced and amended over time (e.g. additional salary, basic salary, common allowance, non‑participating member, PSS 3, remuneration)","Broad delegations and discretion to the Remuneration Tribunal (section 3A) including ability to vary by member, electorate, House or circumstance","Schedule with many listed offices and percentage‑based additional salary that interacts with section 4AC (percentage calculations, exclusivity rules for multiple offices)","Nested conditions and exceptions (e.g. abolition of old allowances in section 3B subject to delayed operation until Tribunal determinations under section 4AA, and transitional clauses)","Multiple cross‑references to the Parliamentary Superannuation Act 1974 (affecting eligibility, definitions and contribution mechanics) — external dependency increases interpretive complexity","Optional non‑monetary benefits with specified methods for member contribution (section 4A) and constraints on reducing other allowances (4A(3))","Detailed procedural requirements for salary sacrifice (written election, notice periods, Treasurer role, administrative charges and possible indemnities) in section 4B","Medical evidence and certification rules that preserve additional salary after cessation of office in specific health circumstances (section 4AC(7)–(9))","Multiple amendments and transitional provisions across many years (legislative history shows repeated substitutions and insertions) increasing the need to check historical and current text for current effect"],"plain_english_summary":"**What this law does (in plain English)**\n\n- Creates the rules for how members of the South Australian Parliament are paid: what counts as pay, how base pay is calculated, what extra pay can be paid for offices, and what other allowances or benefits may be provided (see sections 4, 4AA–4AC and the Schedule).\n\n- Gives the Remuneration Tribunal the job of making the detailed decisions (determinations) about allowances, non‑monetary benefits and related matters, and requires the Tribunal to aim for transparency and to have express power to vary arrangements by member, electorate, House or circumstances (see sections 3A and 4).\n\n- Replaces several old, specific allowances (like annual travel allowance, metrocard pass and some rail travel and committee payments) with an aggregated \"common allowance\" that the Tribunal must calculate to compensate members for abolition of those items (see section 3B and 4AA). The common allowance is capped in aggregation against the $42,000 figure described in section 4AA(4).\n\n- Sets the formula for a member's pay: a basic salary (derived from the Commonwealth basic salary less $42,000 plus the common allowance), plus any additional salary for holding particular offices (the Schedule lists offices and the percentage of basic salary) and any electorate allowances or other amounts the Tribunal determines (see sections 4, 4AB, 4AC and the Schedule).\n\n- Allows the Tribunal to authorise non‑monetary benefits for members (for example, motor vehicles or equipment), to set terms and member contributions, and to allow members to meet contributions by salary sacrifice, reductions in allowances, or direct payment (see section 4A).\n\n- Permits members to sacrifice part of their salary into approved superannuation arrangements (subject to written election rules, Treasurer notification, administrative charges and possible indemnities) and provides how those sacrificed amounts are to be contributed on their behalf (see section 4B).\n\n- Provides that certain entitlements continue briefly even after a member ceases to hold office (for example at dissolution) and sets the point at which particular office‑related additional salaries stop (see section 5 and cross‑references to section 4AC(7)).\n\n- Creates an \"involuntary retirement\" payment for eligible former members equal to 12 weeks of basic salary if they are taken to have retired involuntarily under the Parliamentary Superannuation Act (see section 5A).\n\n- Authorises payment of amounts required by the Act from the Consolidated Account (public revenue) and allows Parliament or the Crown to provide additional supplementary allowances or benefits beyond Tribunal awards, subject to member choice and contribution arrangements (see sections 6 and 6A).\n\nWhy this matters and who it affects\n\n- Directly affects every member of the South Australian Parliament: how much they are paid, what extra pay they can receive for offices they hold, whether they get benefits such as a motor vehicle, and whether they may sacrifice pay into superannuation (see sections 4, 4A, 4B, 4AC and the Schedule).\n\n- Shifts detailed decision‑making to the Remuneration Tribunal (section 3A). That centralises technical decisions in an independent (statutory) decision‑maker rather than leaving them all to Parliament itself.\n\n- Shifts some previously itemised payments (travel, committee service payments for ordinary committee members) into a common allowance so that the Tribunal manages those amounts centrally (sections 3B and 4AA). That changes the way members experience and claim those amounts.\n\nPractical mechanics, costs and incentives (mechanisms you can act on)\n\n- Who pays: all Tribunal‑determined remuneration authorised by the Act is payable from the Consolidated Account (section 6). Members can be required to meet administrative charges or indemnities when they elect salary sacrifice (section 4B(11)).\n\n- Who decides: the Remuneration Tribunal sets electorate allowances, common allowance amounts, determinations about non‑monetary benefits and may set differential arrangements by member or electorate (section 3A; see also sections 4 and 4A–4AC). The Treasurer handles administrative aspects of salary sacrifice (sections 4B(3)–(4) and 4B(11)).\n\n- Behaviour effects and trade‑offs:\n  - Concentration of extra pay into officeholders: the Schedule lists percentage uplifts for specific offices (Premier, Ministers, Speakers, Whips, committee presiding members, etc.). Those uplifts create concentrated additional payments for a subset of members (section 4AC and the Schedule).\n  - Removal of specified small allowances and replacement by a common allowance simplifies the list of discrete entitlements but gives the Tribunal discretion about how the aggregate compensation is split and reviewed (sections 3B and 4AA). This shifts budgeting and member incentives from claiming itemised benefits to receiving an aggregated payment.\n  - Non‑monetary benefits are optional and subject to Tribunal terms; members pay any extra cost by salary sacrifice, reduced allowances, or direct payment—this shifts some costs onto members and requires administrative arrangements with the Treasurer (section 4A and section 6A).\n  - Salary sacrifice for superannuation requires a signed written election, notice to the Treasurer, possible administrative charges and indemnities for taxation risks—these are explicit compliance and cost obligations for members who choose that route (section 4B(2)–(4) and 4B(11)).\n  - Medical certification rules allow a member who stops holding a specified office due to ill health to continue receiving additional salary for a limited period; that creates an administrative process (medical evidence, review by the presiding officer) and a time‑limited protection (section 4AC(7)–(9)).\n\nImplementation, compliance and governance risks\n\n- The Tribunal has broad discretion (may vary amounts by member, electorate, House or circumstances and may backdate commencement dates within limits) which increases the number of determinations and the administrative oversight needed (section 3A(3)–(5)).\n\n- The Act cross‑references the Parliamentary Superannuation Act 1974 for superannuation treatment and for involuntary retirement definitions; that creates dependency on another statute for eligibility and technical treatment (sections 4B and 5A). This can complicate interpretation and administration when both Acts are changed.\n\n- Where Parliament or the Crown offers supplementary benefits outside Tribunal awards (section 6A), there is scope for differing arrangements to be made outside the Tribunal process – that creates a parallel route for benefits subject to member choice and possibly different contribution rules.\n\nSource's stated purpose and a practical check\n\n- The Act empowers the Remuneration Tribunal and consolidates and modernises remuneration arrangements (explicit in the Act's structure and the Tribunal powers in section 3A). That centralises technical decisions and replaces a set of historic itemised entitlements with a common allowance and Tribunal determinations (sections 3B and 4AA).\n\n- Practical costs and trade‑offs: centralisation reduces piecemeal claims administration but increases reliance on Tribunal determinations and creates discretionary levers (differential treatment, backdating of commencements, decisions about non‑monetary benefits) that require clear procedures and transparency (section 3A(1) requires the Tribunal to endeavour to maximise transparency). Members bear some costs directly where they choose optional benefits or salary sacrifice (sections 4A(2) and 4B(11)).\n\nKey statutory references: sections 3A, 3B, 4, 4AA–4AC, 4A, 4B, 5, 5A, 6, 6A and the Schedule."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1990 purpose of simply setting MP salaries. Major expansions include: (1) 2003 amendments adding non-monetary benefits and Tribunal powers; (2) 2004 amendments adding salary sacrifice for motor vehicles; (3) 2005 amendments integrating superannuation scheme changes; (4) 2010 amendments adding involuntary retirement payments and new superannuation categories; (5) 2015 amendments completely restructuring the remuneration system with the common allowance mechanism to replace abolished perks. The Act has evolved from a straightforward salary-setting statute into a comprehensive remuneration and benefits framework with complex interactions with superannuation law."},"complexity_factors":["Multiple defined terms in section 3 (7 defined terms including circular references where terms refer to other sections)","Complex formula for basic salary calculation involving external reference (Commonwealth basic salary) minus fixed amount plus variable allowance","Nested conditional logic in section 4AC(7)-(9) regarding ill health continuation of additional salary with multiple terminating events","Cross-references to Parliamentary Superannuation Act 1974 throughout (sections 4B, 5A)","Multiple transitional provisions and historical amendments showing significant legislative evolution (35+ amendment entries)","Interaction between statutory provisions and Remuneration Tribunal determinations creating a dual system of fixed amounts and discretionary amounts","Exception to exception in section 5A(3) regarding involuntary retirement (excludes those elected to other parliaments)","Salary sacrifice mechanics in section 4B with multiple payment methods and administrative requirements"],"plain_english_summary":"This South Australian law sets out how much MPs (members of Parliament) get paid and what benefits they receive.\n\n**What it does:**\n- Establishes a **basic salary** for all MPs, calculated by taking the federal MP base salary and subtracting $42,000, then adding a \"common allowance\"\n- Creates a **common allowance** (up to $42,000) that compensates MPs for abolished perks like travel allowances and free interstate rail travel\n- Sets **additional salary** for MPs who hold special offices (like Premier, Ministers, Speaker, Committee Chairs) — these are listed in a Schedule with percentages of the basic salary (e.g., Premier gets 100% extra, Ministers get 75% or 41% depending on whether they're in the Executive Council)\n- Allows the **Remuneration Tribunal** (an independent body) to determine other allowances and benefits, including non-monetary benefits like motor vehicles\n- Lets MPs **sacrifice salary** (give up part of their pay) to boost their superannuation (retirement savings)\n- Provides a **12-week payment** for MPs who are forced to retire involuntarily (lose their seat against their will)\n- Ensures MPs keep getting paid for a short period after Parliament is dissolved or their term expires, until their successor is elected\n\n**Who it affects:**\n- All members of the South Australian Parliament (House of Assembly and Legislative Council)\n- Former members in some cases (continued payment of certain abolished allowances)\n\n**Why it matters:**\nThis law determines how much taxpayers pay their elected representatives. It tries to balance transparency (requiring the Tribunal to maximise transparency) with flexibility, while cleaning up old perks by converting them into cash allowances. It also includes safeguards so MPs can't double-dip by holding multiple offices and provides protections for MPs who lose their jobs due to ill health."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope or whether it changed from original intent — no legislative text was provided. The page returned was an error page from a website migration, not the Act itself."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess complexity of provisions, cross-references, definitions, or schedules without the text","Score of 1 reflects absence of analysable content, not simplicity of the underlying Act"],"plain_english_summary":"The Parliamentary Remuneration Act 1990 (SA) sets out how South Australian parliamentarians are paid — covering base salaries, allowances and related entitlements — and establishes who administers and funds those payments. \n\nIt primarily affects members of the Legislative Assembly and Legislative Council, the taxpayers who fund remuneration, and the agencies that process and regulate parliamentary pay."}},"importantCases":[],"_links":{"self":"/api/acts/parliamentary-remuneration-act-1990","history":"/api/acts/parliamentary-remuneration-act-1990/history","analysis":"/api/acts/parliamentary-remuneration-act-1990/analysis","conflicts":"/api/acts/parliamentary-remuneration-act-1990/conflicts","importantCases":"/api/acts/parliamentary-remuneration-act-1990/important-cases","documents":"/api/acts/parliamentary-remuneration-act-1990/documents"}}