{"id":"qld:act-2013-032","name":"Queensland Independent Remuneration Tribunal Act 2013","slug":"queensland-independent-remuneration-tribunal-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"32 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29716,"registerId":"qld-act-2013-032-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Independent Remuneration Tribunal Act 2013 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences, or is taken to have commenced, on 9 August 2013.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to establish the Queensland Independent Remuneration Tribunal to review and decide—\nremuneration in connection with members and former members of the Assembly; and\nentitlements of cross bench members to additional staff members.\ns 3 amd 2020 No. 25 s 13\n- (a) remuneration in connection with members and former members of the Assembly; and\n- (b) entitlements of cross bench members to additional staff members.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Independent Remuneration Tribunal","content":"# Queensland Independent Remuneration Tribunal","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment of tribunal","content":"## Establishment of tribunal","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment","content":"### sec.6 Establishment\n\nThe Queensland Independent Remuneration Tribunal is established.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions","content":"### sec.7 Functions\n\nThe tribunal has the following functions—\nto review remuneration in connection with members and former members of the Assembly;\nto review entitlements of cross bench members to additional staff members;\nto make determinations under this Act about the matters mentioned in paragraphs (a) and (b) .\ns 7 amd 2020 No. 25 s 14\n- (a) to review remuneration in connection with members and former members of the Assembly;\n- (b) to review entitlements of cross bench members to additional staff members;\n- (c) to make determinations under this Act about the matters mentioned in paragraphs (a) and (b) .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Powers","content":"### sec.8 Powers\n\nThe tribunal has the powers necessary or convenient to perform the tribunal’s functions.\nThe tribunal also has the other powers given to the tribunal under this Act or another Act.\n(sec.8-ssec.1) The tribunal has the powers necessary or convenient to perform the tribunal’s functions.\n(sec.8-ssec.2) The tribunal also has the other powers given to the tribunal under this Act or another Act.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Independence of tribunal and tribunal members","content":"### sec.9 Independence of tribunal and tribunal members\n\nIn performing or exercising its functions or powers, the tribunal—\nmust act independently, impartially and fairly; and\nis not subject to direction or control by any entity, including any Minister.\nA tribunal member, in performing or exercising the member’s functions or powers, is not subject to direction or control by any entity, including any Minister.\n(sec.9-ssec.1) In performing or exercising its functions or powers, the tribunal— must act independently, impartially and fairly; and is not subject to direction or control by any entity, including any Minister.\n(sec.9-ssec.2) A tribunal member, in performing or exercising the member’s functions or powers, is not subject to direction or control by any entity, including any Minister.\n- (a) must act independently, impartially and fairly; and\n- (b) is not subject to direction or control by any entity, including any Minister.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Membership of tribunal","content":"## Membership of tribunal","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Membership","content":"### sec.10 Membership\n\nThe tribunal consists of 3 persons appointed by the Governor in Council.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.11 Eligibility for appointment\n\nA person is eligible for appointment as a tribunal member only if the person—\nhas extensive knowledge of, and experience in, 1 or more of the following—\nState government;\ncommunity affairs;\nhuman resource management;\nindustrial relations;\nlaw;\npublic administration;\npublic finance;\npublic sector ethics; or\nhas other knowledge and experience the Governor in Council considers appropriate.\nHowever, a person is not eligible for appointment as a tribunal member if the person—\nis a member or former member of the Assembly or a spouse of a member or former member; or\nis a candidate for election as a member of the Assembly; or\nis employed under the Public Sector Act 2022 or the Parliamentary Service Act 1988 ; or\nis a member of the Parliament of the Commonwealth or another State or a Territory; or\nis a candidate for election as a member of the Parliament of the Commonwealth or another State or a Territory; or\nis a councillor of a local government, or a candidate for election as a councillor; or\naccepts an appointment as a councillor; or\nis an employee of a local government; or\nis a member or employee of a political party; or\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence.\ns 11 amd 2022 No. 34 s 365 sch 3 ; 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.11-ssec.1) A person is eligible for appointment as a tribunal member only if the person— has extensive knowledge of, and experience in, 1 or more of the following— State government; community affairs; human resource management; industrial relations; law; public administration; public finance; public sector ethics; or has other knowledge and experience the Governor in Council considers appropriate.\n(sec.11-ssec.2) However, a person is not eligible for appointment as a tribunal member if the person— is a member or former member of the Assembly or a spouse of a member or former member; or is a candidate for election as a member of the Assembly; or is employed under the Public Sector Act 2022 or the Parliamentary Service Act 1988 ; or is a member of the Parliament of the Commonwealth or another State or a Territory; or is a candidate for election as a member of the Parliament of the Commonwealth or another State or a Territory; or is a councillor of a local government, or a candidate for election as a councillor; or accepts an appointment as a councillor; or is an employee of a local government; or is a member or employee of a political party; or is an insolvent under administration; or has a conviction, other than a spent conviction, for an indictable offence.\n- (a) has extensive knowledge of, and experience in, 1 or more of the following— (i) State government; (ii) community affairs; (iii) human resource management; (iv) industrial relations; (v) law; (vi) public administration; (vii) public finance; (viii) public sector ethics; or\n- (i) State government;\n- (ii) community affairs;\n- (iii) human resource management;\n- (iv) industrial relations;\n- (v) law;\n- (vi) public administration;\n- (vii) public finance;\n- (viii) public sector ethics; or\n- (b) has other knowledge and experience the Governor in Council considers appropriate.\n- (i) State government;\n- (ii) community affairs;\n- (iii) human resource management;\n- (iv) industrial relations;\n- (v) law;\n- (vi) public administration;\n- (vii) public finance;\n- (viii) public sector ethics; or\n- (a) is a member or former member of the Assembly or a spouse of a member or former member; or\n- (b) is a candidate for election as a member of the Assembly; or\n- (c) is employed under the Public Sector Act 2022 or the Parliamentary Service Act 1988 ; or\n- (d) is a member of the Parliament of the Commonwealth or another State or a Territory; or\n- (e) is a candidate for election as a member of the Parliament of the Commonwealth or another State or a Territory; or\n- (f) is a councillor of a local government, or a candidate for election as a councillor; or\n- (g) accepts an appointment as a councillor; or\n- (h) is an employee of a local government; or\n- (i) is a member or employee of a political party; or\n- (j) is an insolvent under administration; or\n- (k) has a conviction, other than a spent conviction, for an indictable offence.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Term of appointment","content":"### sec.12 Term of appointment\n\nA tribunal member is appointed for 3 years.\nA tribunal member may be reappointed.\n(sec.12-ssec.1) A tribunal member is appointed for 3 years.\n(sec.12-ssec.2) A tribunal member may be reappointed.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Conditions of appointment","content":"### sec.13 Conditions of appointment\n\nA tribunal member—\nis appointed on a part-time basis; and\nis entitled to be paid the remuneration and allowances decided by the Governor in Council; and\nholds office on the conditions not provided for in this Act that are decided by the Governor in Council.\nA tribunal member is appointed under this Act and not the Public Sector Act 2022 .\ns 13 amd 2022 No. 34 s 365 sch 3\n(sec.13-ssec.1) A tribunal member— is appointed on a part-time basis; and is entitled to be paid the remuneration and allowances decided by the Governor in Council; and holds office on the conditions not provided for in this Act that are decided by the Governor in Council.\n(sec.13-ssec.2) A tribunal member is appointed under this Act and not the Public Sector Act 2022 .\n- (a) is appointed on a part-time basis; and\n- (b) is entitled to be paid the remuneration and allowances decided by the Governor in Council; and\n- (c) holds office on the conditions not provided for in this Act that are decided by the Governor in Council.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chairman of tribunal","content":"### sec.14 Chairman of tribunal\n\nThe Governor in Council must appoint 1 tribunal member to be the chairman of the tribunal.\nA person may be appointed as the chairman at the same time as the person is appointed as a tribunal member.\nThe chairman holds office for the term of the chairman’s appointment as a tribunal member.\n(sec.14-ssec.1) The Governor in Council must appoint 1 tribunal member to be the chairman of the tribunal.\n(sec.14-ssec.2) A person may be appointed as the chairman at the same time as the person is appointed as a tribunal member.\n(sec.14-ssec.3) The chairman holds office for the term of the chairman’s appointment as a tribunal member.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Report about criminal history","content":"### sec.15 Report about criminal history\n\nThis section applies to the following persons—\na tribunal member;\na person being considered for appointment as a tribunal member (a prospective member ).\nThe Minister may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, if the request relates to a prospective member, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, subsection (4) applies only in relation to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.15-ssec.1) This section applies to the following persons— a tribunal member; a person being considered for appointment as a tribunal member (a prospective member ).\n(sec.15-ssec.2) The Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.15-ssec.3) However, if the request relates to a prospective member, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.15-ssec.4) The commissioner of the police service must comply with the request.\n(sec.15-ssec.5) However, subsection (4) applies only in relation to information in the commissioner’s possession or to which the commissioner has access.\n(sec.15-ssec.6) The Minister must ensure a report given to the Minister under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a tribunal member;\n- (b) a person being considered for appointment as a tribunal member (a prospective member ).\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Disclosure of changes in criminal history","content":"### sec.16 Disclosure of changes in criminal history\n\nIf there is a change in the criminal history of a tribunal member, the member must, unless the member has a reasonable excuse, immediately disclose the change to the Minister.\nTo comply with subsection (1) , the information disclosed about a conviction for an offence in the tribunal member’s criminal history must include the following—\nthe existence of the conviction;\nwhen the offence was committed;\nenough details to identify the offence;\nwhether or not a conviction was recorded;\nthe sentence imposed on the member.\n(sec.16-ssec.1) If there is a change in the criminal history of a tribunal member, the member must, unless the member has a reasonable excuse, immediately disclose the change to the Minister.\n(sec.16-ssec.2) To comply with subsection (1) , the information disclosed about a conviction for an offence in the tribunal member’s criminal history must include the following— the existence of the conviction; when the offence was committed; enough details to identify the offence; whether or not a conviction was recorded; the sentence imposed on the member.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) enough details to identify the offence;\n- (d) whether or not a conviction was recorded;\n- (e) the sentence imposed on the member.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Disclosure of interests","content":"### sec.17 Disclosure of interests\n\nThis section applies to a tribunal member if—\nthe member has a direct or indirect interest, financial or otherwise, in a matter being considered or about to be considered by the tribunal; and\nthe interest could conflict with the proper performance of the member’s duties for considering the matter.\nAs 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.\nThe tribunal member must not take part, or take further part, in any consideration of, or decision about, the matter without the consent of the other members.\nIf—\nbecause of this section, a tribunal member is not present at a meeting of the tribunal for consideration of, or decision about, the matter; and\nthere would be a quorum if the member were present;\nthe remaining members present are a quorum of the tribunal for considering or deciding the matter at the meeting.\nA disclosure under subsection (2) must be recorded in the tribunal’s minutes.\nSubsection (4) applies despite section 23 .\n(sec.17-ssec.1) This section applies to a tribunal member if— the member has 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.\n(sec.17-ssec.2) 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.\n(sec.17-ssec.3) The tribunal member must not take part, or take further part, in any consideration of, or decision about, the matter without the consent of the other members.\n(sec.17-ssec.4) If— because of this section, a tribunal member is not present at a meeting of the tribunal for consideration of, or decision about, the matter; and there would be a quorum if the member were present; the remaining members present are a quorum of the tribunal for considering or deciding the matter at the meeting.\n(sec.17-ssec.5) A disclosure under subsection (2) must be recorded in the tribunal’s minutes.\n(sec.17-ssec.6) Subsection (4) applies despite section 23 .\n- (a) the member has a direct or indirect interest, financial or otherwise, in a matter being considered or about to be considered by the tribunal; and\n- (b) the interest could conflict with the proper performance of the member’s duties for considering the matter.\n- (a) because of this section, a tribunal member is not present at a meeting of the tribunal for consideration of, or decision about, the matter; and\n- (b) there would be a quorum if the member were present;","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Termination of appointment","content":"### sec.18 Termination of appointment\n\nThe Governor in Council may at any time remove a tribunal member from office if the member—\nis physically or mentally incapable of satisfactorily performing the member’s functions; or\nceases to be eligible for appointment under section 11 ; or\nhas engaged in conduct that would warrant dismissal from the public service if the member were a public service officer; or\ncontravenes section 16 (1) or 17 (2) or (3) .\n- (a) is physically or mentally incapable of satisfactorily performing the member’s functions; or\n- (b) ceases to be eligible for appointment under section 11 ; or\n- (c) has engaged in conduct that would warrant dismissal from the public service if the member were a public service officer; or\n- (d) contravenes section 16 (1) or 17 (2) or (3) .","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Vacation of office","content":"### sec.19 Vacation of office\n\nThe office of a tribunal member becomes vacant if the member—\nresigns the member’s office by signed notice of resignation given to the Minister; or\nis removed from office under section 18 ; or\ncompletes a term of office but is not reappointed.\n- (a) resigns the member’s office by signed notice of resignation given to the Minister; or\n- (b) is removed from office under section 18 ; or\n- (c) completes a term of office but is not reappointed.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Casual vacancy in tribunal member’s office","content":"### sec.20 Casual vacancy in tribunal member’s office\n\nIf a vacancy happens in the office of a member (the vacating member ) during the currency of the member’s term of appointment, another person (the new member ) must be appointed by the Governor in Council to fill the vacancy.\nDespite section 12 (1) , the new member’s appointment continues only for the remainder of the vacating member’s term of appointment.\nThe new member must be eligible for appointment under section 11 .\n(sec.20-ssec.1) If a vacancy happens in the office of a member (the vacating member ) during the currency of the member’s term of appointment, another person (the new member ) must be appointed by the Governor in Council to fill the vacancy.\n(sec.20-ssec.2) Despite section 12 (1) , the new member’s appointment continues only for the remainder of the vacating member’s term of appointment.\n(sec.20-ssec.3) The new member must be eligible for appointment under section 11 .","sortOrder":23},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Tribunal’s business and meetings","content":"## Tribunal’s business and meetings","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conduct of business","content":"### sec.21 Conduct of business\n\nSubject to this Act, the tribunal may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Tribunal meetings","content":"### sec.22 Tribunal meetings\n\nMeetings of the tribunal are to be held at the times and places the chairman decides.\nThe chairman must preside at all meetings at which the chairman is present.\nIf the chairman is absent from a meeting, another tribunal member nominated by the chairman must preside.\nA meeting of the tribunal may be held using any technology allowing reasonably contemporaneous and continuous communication between tribunal members.\nteleconferencing\nA tribunal member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\nA decision, including a determination or ruling, is validly made by the tribunal even if it is not made at a tribunal meeting, if—\nnotice of the decision is given under procedures approved by the tribunal; and\nthe decision is made by the quorum required for the decision under section 23 .\n(sec.22-ssec.1) Meetings of the tribunal are to be held at the times and places the chairman decides.\n(sec.22-ssec.2) The chairman must preside at all meetings at which the chairman is present.\n(sec.22-ssec.3) If the chairman is absent from a meeting, another tribunal member nominated by the chairman must preside.\n(sec.22-ssec.4) A meeting of the tribunal may be held using any technology allowing reasonably contemporaneous and continuous communication between tribunal members. teleconferencing\n(sec.22-ssec.5) A tribunal member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\n(sec.22-ssec.6) A decision, including a determination or ruling, is validly made by the tribunal 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 decision is made by the quorum required for the decision under section 23 .\n- (a) notice of the decision is given under procedures approved by the tribunal; and\n- (b) the decision is made by the quorum required for the decision under section 23 .","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Quorum","content":"### sec.23 Quorum\n\nFor making a determination or ruling, a quorum is 3 tribunal members.\nFor deciding a matter at a meeting of the tribunal, other than making a determination or ruling, a quorum is 2 tribunal members.\n(sec.23-ssec.1) For making a determination or ruling, a quorum is 3 tribunal members.\n(sec.23-ssec.2) For deciding a matter at a meeting of the tribunal, other than making a determination or ruling, a quorum is 2 tribunal members.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Minutes","content":"### sec.24 Minutes\n\nThe tribunal must keep minutes of its meetings.\nThe minutes must include a record of all decisions, including determinations and rulings, of the tribunal.\n(sec.24-ssec.1) The tribunal must keep minutes of its meetings.\n(sec.24-ssec.2) The minutes must include a record of all decisions, including determinations and rulings, of the tribunal.","sortOrder":28},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Assistance for tribunal","content":"### sec.25 Assistance for tribunal\n\nThe chief executive must make available to the tribunal the staff assistance and resources the tribunal needs to effectively perform its functions.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Annual report","content":"### sec.26 Annual report\n\nThe tribunal must prepare and give to the Clerk a written report about the operations of the tribunal during each financial year.\nThe tribunal must give the report to the Clerk 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 Assembly within 3 months after the end of the financial year to which the report relates.\nOn receiving the report, the Clerk must table a copy of it in the Assembly.\n(sec.26-ssec.1) The tribunal must prepare and give to the Clerk a written report about the operations of the tribunal during each financial year.\n(sec.26-ssec.2) The tribunal must give the report to the Clerk 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 Assembly within 3 months after the end of the financial year to which the report relates.\n(sec.26-ssec.3) On receiving the report, the Clerk must table a copy of it in the Assembly.","sortOrder":31},{"sectionNumber":"pt.3","sectionType":"part","heading":"Tribunal’s determinations","content":"# Tribunal’s determinations","sortOrder":32},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Making determinations","content":"## Making determinations","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Power to make determination","content":"### sec.27 Power to make determination\n\nThe tribunal has the power to make determinations about the following matters—\nremuneration in connection with members and former members of the Assembly;\nentitlements of cross bench members to additional staff members.\ns 27 amd 2020 No. 25 s 16\n- (a) remuneration in connection with members and former members of the Assembly;\n- (b) entitlements of cross bench members to additional staff members.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Procedures for making determination","content":"### sec.28 Procedures for making determination\n\nIn making a determination, the tribunal—\nmay inquire into, and inform itself, of anything in the way it considers appropriate; and\nmay seek and receive written or oral statements from any entity it considers appropriate; and\nmay act with as little formality as it considers appropriate; and\nmust have regard to effective and efficient processes in carrying out its functions; and\nis not bound by the rules of evidence.\n- (a) may inquire into, and inform itself, of anything in the way it considers appropriate; and\n- (b) may seek and receive written or oral statements from any entity it considers appropriate; and\n- (c) may act with as little formality as it considers appropriate; and\n- (d) must have regard to effective and efficient processes in carrying out its functions; and\n- (e) is not bound by the rules of evidence.","sortOrder":35},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Application of subdivision","content":"### sec.28A Application of subdivision\n\nThis subdivision applies in relation to a determination about remuneration in connection with members and former members of the Assembly (a remuneration determination ).\ns 28A ins 2020 No. 25 s 17","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"General principles for making remuneration determinations","content":"### sec.29 General principles for making remuneration determinations\n\nIn making a remuneration determination, the tribunal may have regard to the following—\nthe value to the community of a member of the Assembly carrying out the member’s role, functions and responsibilities;\nthe importance of a member being appropriately remunerated for carrying out the member’s role, functions and responsibilities;\nrelevant laws applying to members;\nother matters the tribunal considers appropriate.\nthe size of a member’s electorate\nA remuneration determination may provide for different remuneration in connection with different members and different former members of the Assembly.\ns 29 amd 2020 No. 25 s 18\n(sec.29-ssec.1) In making a remuneration determination, the tribunal may have regard to the following— the value to the community of a member of the Assembly carrying out the member’s role, functions and responsibilities; the importance of a member being appropriately remunerated for carrying out the member’s role, functions and responsibilities; relevant laws applying to members; other matters the tribunal considers appropriate. the size of a member’s electorate\n(sec.29-ssec.2) A remuneration determination may provide for different remuneration in connection with different members and different former members of the Assembly.\n- (a) the value to the community of a member of the Assembly carrying out the member’s role, functions and responsibilities;\n- (b) the importance of a member being appropriately remunerated for carrying out the member’s role, functions and responsibilities;\n- (c) relevant laws applying to members;\n- (d) other matters the tribunal considers appropriate. Example of a matter for paragraph (d) — the size of a member’s electorate","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Requirements for making remuneration determinations","content":"### sec.30 Requirements for making remuneration determinations\n\nIn making a remuneration determination, the tribunal must—\nconsult with, and consider the views of, the Clerk; and\nensure that any allowances to be paid to a member of the Assembly reflect the amount of reasonable expenses incurred by a member in servicing the member’s electorate; and\nensure allowances mentioned in paragraph (b) are not a substitute for other remuneration; and\nensure that accommodation, services or other entitlements mentioned in section 59D are not taken into account.\ns 30 amd 2020 No. 25 s 19\n- (a) consult with, and consider the views of, the Clerk; and\n- (b) ensure that any allowances to be paid to a member of the Assembly reflect the amount of reasonable expenses incurred by a member in servicing the member’s electorate; and\n- (c) ensure allowances mentioned in paragraph (b) are not a substitute for other remuneration; and\n- (d) ensure that accommodation, services or other entitlements mentioned in section 59D are not taken into account.","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"When remuneration determinations to be made","content":"### sec.31 When remuneration determinations to be made\n\nThe tribunal must make its first remuneration determination by 15 October 2013.\nEach subsequent remuneration determination must be made within 1 year after the previous remuneration determination.\nSubsection (2) does not apply to a remuneration determination about a member’s salary entitlement.\ns 31 amd 2015 No. 3 s 30 ; 2020 No. 25 s 20\n(sec.31-ssec.1) The tribunal must make its first remuneration determination by 15 October 2013.\n(sec.31-ssec.2) Each subsequent remuneration determination must be made within 1 year after the previous remuneration determination.\n(sec.31-ssec.3) Subsection (2) does not apply to a remuneration determination about a member’s salary entitlement.","sortOrder":39},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Remuneration determinations about salary entitlements following public service salary decisions","content":"### sec.31A Remuneration determinations about salary entitlements following public service salary decisions\n\nThe tribunal may not make a remuneration determination about a member’s salary entitlement unless a public service salary decision is made.\nWithin 90 days after a public service salary decision is made, the tribunal must make a remuneration determination about members’ salary entitlements.\nThe remuneration determination may not increase a member’s salary entitlement by a rate that is higher than the rate of increase to the salary or wage of a departmental employee under the public service salary decision.\nIf the remuneration determination increases a member’s salary entitlement, the determination must provide for the increase to take effect, or to have taken effect, on the same day the increase to the salary or wage of a departmental employee takes or took effect under the public service salary decision.\nIn this section—\ndepartmental employee means a public service employee employed to work in the administrative stream in the department.\ndirective see the Public Sector Act 2022 , schedule 2 .\nindustrial instrument see the Industrial Relations Act 2016 , schedule 5 .\npublic service salary decision means an industrial instrument or directive that includes provision about the salary or wage of a departmental employee.\nsalary entitlement means an entitlement to—\nan annual salary under section 41 ; or\nan additional salary under section 42 .\ns 31A ins 2015 No. 3 s 31\namd 2020 No. 25 s 21 ; 2022 No. 34 s 365 sch 3\n(sec.31A-ssec.1) The tribunal may not make a remuneration determination about a member’s salary entitlement unless a public service salary decision is made.\n(sec.31A-ssec.2) Within 90 days after a public service salary decision is made, the tribunal must make a remuneration determination about members’ salary entitlements.\n(sec.31A-ssec.3) The remuneration determination may not increase a member’s salary entitlement by a rate that is higher than the rate of increase to the salary or wage of a departmental employee under the public service salary decision.\n(sec.31A-ssec.4) If the remuneration determination increases a member’s salary entitlement, the determination must provide for the increase to take effect, or to have taken effect, on the same day the increase to the salary or wage of a departmental employee takes or took effect under the public service salary decision.\n(sec.31A-ssec.5) In this section— departmental employee means a public service employee employed to work in the administrative stream in the department. directive see the Public Sector Act 2022 , schedule 2 . industrial instrument see the Industrial Relations Act 2016 , schedule 5 . public service salary decision means an industrial instrument or directive that includes provision about the salary or wage of a departmental employee. salary entitlement means an entitlement to— an annual salary under section 41 ; or an additional salary under section 42 .\n- (a) an annual salary under section 41 ; or\n- (b) an additional salary under section 42 .","sortOrder":40},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Particular remuneration determinations about additional salary entitlements","content":"### sec.31B Particular remuneration determinations about additional salary entitlements\n\nThe tribunal may make a remuneration determination about the additional salary entitlement for an office if—\nit is the first remuneration determination about the entitlement since the office was approved by resolution of the Assembly to be an office to which section 42 applies; or\nthe tribunal is satisfied—\nthere has been a change to the role, functions or responsibilities of a member holding the office; and\nthe current additional salary entitlement for the office, relative to the current additional salary entitlements for other offices to which section 42 applies, is no longer appropriate.\nSection 31A does not apply to a remuneration determination under subsection (1) .\nIn this section—\nadditional salary entitlement , for an office, means the entitlement of a member holding the office to an additional salary under section 42 .\ns 31B ins 2015 No. 3 s 31\namd 2020 No. 25 s 22\n(sec.31B-ssec.1) The tribunal may make a remuneration determination about the additional salary entitlement for an office if— it is the first remuneration determination about the entitlement since the office was approved by resolution of the Assembly to be an office to which section 42 applies; or the tribunal is satisfied— there has been a change to the role, functions or responsibilities of a member holding the office; and the current additional salary entitlement for the office, relative to the current additional salary entitlements for other offices to which section 42 applies, is no longer appropriate.\n(sec.31B-ssec.2) Section 31A does not apply to a remuneration determination under subsection (1) .\n(sec.31B-ssec.3) In this section— additional salary entitlement , for an office, means the entitlement of a member holding the office to an additional salary under section 42 .\n- (a) it is the first remuneration determination about the entitlement since the office was approved by resolution of the Assembly to be an office to which section 42 applies; or\n- (b) the tribunal is satisfied— (i) there has been a change to the role, functions or responsibilities of a member holding the office; and (ii) the current additional salary entitlement for the office, relative to the current additional salary entitlements for other offices to which section 42 applies, is no longer appropriate.\n- (i) there has been a change to the role, functions or responsibilities of a member holding the office; and\n- (ii) the current additional salary entitlement for the office, relative to the current additional salary entitlements for other offices to which section 42 applies, is no longer appropriate.\n- (i) there has been a change to the role, functions or responsibilities of a member holding the office; and\n- (ii) the current additional salary entitlement for the office, relative to the current additional salary entitlements for other offices to which section 42 applies, is no longer appropriate.","sortOrder":41},{"sectionNumber":"sec.31C","sectionType":"section","heading":"Application of subdivision","content":"### sec.31C Application of subdivision\n\nThis subdivision applies in relation to a determination about entitlements of cross bench members to additional staff members (an additional staff member determination ).\ns 31C ins 2020 No. 25 s 23","sortOrder":42},{"sectionNumber":"sec.31D","sectionType":"section","heading":"General matters about additional staff member determinations","content":"### sec.31D General matters about additional staff member determinations\n\nAn additional staff member determination may provide for additional staff members for—\nall cross bench members; or\n1 or more stated classes of cross bench members; or\n1 or more stated cross bench members; or\na combination of 1 or more stated classes of cross bench members and 1 or more stated cross bench members.\nAn additional staff member determination may provide for—\nthe same entitlement to additional staff members for all cross bench members, or classes of cross bench members, for whom the determination is made; or\ndifferent entitlements to additional staff members for cross bench members, or classes of cross bench members, for whom the determination is made.\nAn additional staff member determination may state 1 or more of the following matters for an additional staff member for a cross bench member—\nthe role of the staff member;\nthe classification level of, including, for example, the level of salary for, the staff member;\nthe location where the staff member is to perform the staff member’s functions for the cross bench member.\ns 31D ins 2020 No. 25 s 23\n(sec.31D-ssec.1) An additional staff member determination may provide for additional staff members for— all cross bench members; or 1 or more stated classes of cross bench members; or 1 or more stated cross bench members; or a combination of 1 or more stated classes of cross bench members and 1 or more stated cross bench members.\n(sec.31D-ssec.2) An additional staff member determination may provide for— the same entitlement to additional staff members for all cross bench members, or classes of cross bench members, for whom the determination is made; or different entitlements to additional staff members for cross bench members, or classes of cross bench members, for whom the determination is made.\n(sec.31D-ssec.3) An additional staff member determination may state 1 or more of the following matters for an additional staff member for a cross bench member— the role of the staff member; the classification level of, including, for example, the level of salary for, the staff member; the location where the staff member is to perform the staff member’s functions for the cross bench member.\n- (a) all cross bench members; or\n- (b) 1 or more stated classes of cross bench members; or\n- (c) 1 or more stated cross bench members; or\n- (d) a combination of 1 or more stated classes of cross bench members and 1 or more stated cross bench members.\n- (a) the same entitlement to additional staff members for all cross bench members, or classes of cross bench members, for whom the determination is made; or\n- (b) different entitlements to additional staff members for cross bench members, or classes of cross bench members, for whom the determination is made.\n- (a) the role of the staff member;\n- (b) the classification level of, including, for example, the level of salary for, the staff member;\n- (c) the location where the staff member is to perform the staff member’s functions for the cross bench member.","sortOrder":43},{"sectionNumber":"sec.31E","sectionType":"section","heading":"General principles for making additional staff member determinations","content":"### sec.31E General principles for making additional staff member determinations\n\nIn making an additional staff member determination, the tribunal may have regard to the following—\nparliamentary resources provided to cross bench members and other members of the Assembly;\nthe composition of the Assembly and how the composition of the Assembly affects cross bench members;\nthe workload and duties of the cross bench members for whom the tribunal is considering to make the determination;\nwhether the cross bench members for whom the tribunal is considering to make the determination are members of political parties;\nrelevant laws applying to members of the Assembly;\nother matters the tribunal considers appropriate.\nIn this section—\ncomposition of the Assembly means the extent to which the Assembly is made up of the following members of the Assembly—\nmembers of a political party recognised in the Assembly as being in government;\nmembers of a political party recognised in the Assembly as being in opposition;\ncross bench members.\nparliamentary resources , for a member of the Assembly, means services and support, including, for example, general staff members, provided to the member, in the parliamentary precinct or elsewhere, to help the member to carry out the member’s duties.\ns 31E ins 2020 No. 25 s 23\n(sec.31E-ssec.1) In making an additional staff member determination, the tribunal may have regard to the following— parliamentary resources provided to cross bench members and other members of the Assembly; the composition of the Assembly and how the composition of the Assembly affects cross bench members; the workload and duties of the cross bench members for whom the tribunal is considering to make the determination; whether the cross bench members for whom the tribunal is considering to make the determination are members of political parties; relevant laws applying to members of the Assembly; other matters the tribunal considers appropriate.\n(sec.31E-ssec.2) In this section— composition of the Assembly means the extent to which the Assembly is made up of the following members of the Assembly— members of a political party recognised in the Assembly as being in government; members of a political party recognised in the Assembly as being in opposition; cross bench members. parliamentary resources , for a member of the Assembly, means services and support, including, for example, general staff members, provided to the member, in the parliamentary precinct or elsewhere, to help the member to carry out the member’s duties.\n- (a) parliamentary resources provided to cross bench members and other members of the Assembly;\n- (b) the composition of the Assembly and how the composition of the Assembly affects cross bench members;\n- (c) the workload and duties of the cross bench members for whom the tribunal is considering to make the determination;\n- (d) whether the cross bench members for whom the tribunal is considering to make the determination are members of political parties;\n- (e) relevant laws applying to members of the Assembly;\n- (f) other matters the tribunal considers appropriate.\n- (a) members of a political party recognised in the Assembly as being in government;\n- (b) members of a political party recognised in the Assembly as being in opposition;\n- (c) cross bench members.","sortOrder":44},{"sectionNumber":"sec.31F","sectionType":"section","heading":"Requirement to consult with Clerk","content":"### sec.31F Requirement to consult with Clerk\n\nIn making an additional staff member determination, the tribunal must consult with, and consider the views of, the Clerk.\ns 31F ins 2020 No. 25 s 23","sortOrder":45},{"sectionNumber":"sec.31G","sectionType":"section","heading":"When additional staff member determinations to be made","content":"### sec.31G When additional staff member determinations to be made\n\nSubject to subsection (2) , the tribunal may decide the frequency of additional staff member determinations.\nThe tribunal must make an additional staff member determination within 3 months after each of the following days—\nthe day the Assembly is next summoned under the Constitution of Queensland 2001 , section 15 (1) ;\nif a person becomes, or ceases to be, a cross bench member during a term of the Assembly—the day the person becomes, or ceases to be, a cross bench member.\nIn this section—\nterm , of the Assembly, means the period—\nstarting on the day the Assembly is summoned under the Constitution of Queensland 2001 , section 15 (1) ; and\nending on the day the Assembly is next dissolved or expires.\ns 31G ins 2020 No. 25 s 23\n(sec.31G-ssec.1) Subject to subsection (2) , the tribunal may decide the frequency of additional staff member determinations.\n(sec.31G-ssec.2) The tribunal must make an additional staff member determination within 3 months after each of the following days— the day the Assembly is next summoned under the Constitution of Queensland 2001 , section 15 (1) ; if a person becomes, or ceases to be, a cross bench member during a term of the Assembly—the day the person becomes, or ceases to be, a cross bench member.\n(sec.31G-ssec.3) In this section— term , of the Assembly, means the period— starting on the day the Assembly is summoned under the Constitution of Queensland 2001 , section 15 (1) ; and ending on the day the Assembly is next dissolved or expires.\n- (a) the day the Assembly is next summoned under the Constitution of Queensland 2001 , section 15 (1) ;\n- (b) if a person becomes, or ceases to be, a cross bench member during a term of the Assembly—the day the person becomes, or ceases to be, a cross bench member.\n- (a) starting on the day the Assembly is summoned under the Constitution of Queensland 2001 , section 15 (1) ; and\n- (b) ending on the day the Assembly is next dissolved or expires.","sortOrder":46},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Effect of determinations","content":"## Effect of determinations","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"When determination has effect","content":"### sec.32 When determination has effect\n\nA determination has effect on the day stated in the determination.\nA determination may have effect on a day before it is made.\n(sec.32-ssec.1) A determination has effect on the day stated in the determination.\n(sec.32-ssec.2) A determination may have effect on a day before it is made.","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Effect of determination","content":"### sec.33 Effect of determination\n\nIf the tribunal makes a remuneration determination, a member or former member is entitled to the remuneration decided by the tribunal under the determination.\nAlso see part 4 .\nIf the tribunal makes an additional staff member determination, a cross bench member is entitled to the additional staff members, decided by the tribunal for the member, under the determination.\nAlso see part 4A .\ns 33 sub 2020 No. 25 s 24\n(sec.33-ssec.1) If the tribunal makes a remuneration determination, a member or former member is entitled to the remuneration decided by the tribunal under the determination. Also see part 4 .\n(sec.33-ssec.2) If the tribunal makes an additional staff member determination, a cross bench member is entitled to the additional staff members, decided by the tribunal for the member, under the determination. Also see part 4A .","sortOrder":49},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Tabling and publication of determinations and reasons for determinations","content":"## Tabling and publication of determinations and reasons for determinations","sortOrder":50},{"sectionNumber":"sec.34","sectionType":"section","heading":"Determination and reasons to be tabled","content":"### sec.34 Determination and reasons to be tabled\n\nThe chairman must give the following documents to the Clerk—\na copy of each determination;\nwritten notice of the reasons for the determination.\nThe Clerk must table the documents in the Assembly immediately after receiving the documents.\n(sec.34-ssec.1) The chairman must give the following documents to the Clerk— a copy of each determination; written notice of the reasons for the determination.\n(sec.34-ssec.2) The Clerk must table the documents in the Assembly immediately after receiving the documents.\n- (a) a copy of each determination;\n- (b) written notice of the reasons for the determination.","sortOrder":51},{"sectionNumber":"sec.35","sectionType":"section","heading":"Determination and reasons to be published","content":"### sec.35 Determination and reasons to be published\n\nAs soon as practicable after a determination is made, the chairman must make the determination and the reasons for the determination publicly available.\npublication on a website","sortOrder":52},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":53},{"sectionNumber":"sec.36","sectionType":"section","heading":"Ruling about determination","content":"### sec.36 Ruling about determination\n\nThe Clerk may, by written notice, ask the tribunal to give a ruling on the interpretation or application of a determination.\nUnless the request is withdrawn, the tribunal must give the ruling to the Clerk as soon as practicable after the request is made.\n(sec.36-ssec.1) The Clerk may, by written notice, ask the tribunal to give a ruling on the interpretation or application of a determination.\n(sec.36-ssec.2) Unless the request is withdrawn, the tribunal must give the ruling to the Clerk as soon as practicable after the request is made.","sortOrder":54},{"sectionNumber":"sec.37","sectionType":"section","heading":"Limitation of review and appeal","content":"### sec.37 Limitation of review and appeal\n\nUnless the Supreme Court decides that a tribunal decision is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, or another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nIn this section—\ntribunal decision means a determination or ruling.\n(sec.37-ssec.1) Unless the Supreme Court decides that a tribunal decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, or another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.37-ssec.2) In this section— tribunal decision means a determination or ruling.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, or another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":55},{"sectionNumber":"pt.4","sectionType":"part","heading":"Members’ remuneration","content":"# Members’ remuneration","sortOrder":56},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.38 Definitions for pt 4\n\nIn this part—\nannual salary , of a member, means the annual salary the member is entitled to under section 41 .\ncommittee means—\na statutory committee within the meaning of the Parliament of Queensland Act 2001 ; or\nthe Parliamentary Crime and Corruption Committee established under the Crime and Corruption Act 2001 .\nmember means a member of the Assembly.\nrecognised political party see section 39 .\ns 38 amd 2014 No. 21 s 94 (2) sch 2\n- (a) a statutory committee within the meaning of the Parliament of Queensland Act 2001 ; or\n- (b) the Parliamentary Crime and Corruption Committee established under the Crime and Corruption Act 2001 .","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":"Meaning of recognised political party","content":"### sec.39 Meaning of recognised political party\n\nA recognised political party is—\na registered political party of which at least 10% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 (rounded up to the nearest whole number) are members; or\nConstitution of Queensland 2001 , section 11 (Number of members of Legislative Assembly)—\nThe Legislative Assembly is to consist of 93 members.\na registered political party if—\nat least 3 Assembly members are party members and were party members at the most recent election at which the party member was elected as an Assembly member; and\nfor the most recent general election, the total number of first preference votes for all candidates who were party members was at least 10% of the total number of first preference votes for all candidates.\nHowever, a political party is not a recognised political party if an Assembly member who is a party member is also a Minister.\nA political party stops being a recognised political party under subsection (1) (b) if the total number of Assembly members who are party members is not at least 90% of the total number of Assembly members who were party members for the most recent general election (rounded up to the nearest whole number).\nSubsection (3) does not limit another way a political party may stop being a recognised political party.\nIn this section—\nAssembly member means a member of the Assembly.\nfirst preference vote see the Electoral Act 1992 , section 2 .\nparty member , in relation to a political party, means a member of the political party.\nregistered political party means a political party registered under the Electoral Act 1992 , part 6 .\ns 39 amd 2016 No. 20 s 20\n(sec.39-ssec.1) A recognised political party is— a registered political party of which at least 10% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 (rounded up to the nearest whole number) are members; or Constitution of Queensland 2001 , section 11 (Number of members of Legislative Assembly)— The Legislative Assembly is to consist of 93 members. a registered political party if— at least 3 Assembly members are party members and were party members at the most recent election at which the party member was elected as an Assembly member; and for the most recent general election, the total number of first preference votes for all candidates who were party members was at least 10% of the total number of first preference votes for all candidates.\n(sec.39-ssec.2) However, a political party is not a recognised political party if an Assembly member who is a party member is also a Minister.\n(sec.39-ssec.3) A political party stops being a recognised political party under subsection (1) (b) if the total number of Assembly members who are party members is not at least 90% of the total number of Assembly members who were party members for the most recent general election (rounded up to the nearest whole number).\n(sec.39-ssec.4) Subsection (3) does not limit another way a political party may stop being a recognised political party.\n(sec.39-ssec.5) In this section— Assembly member means a member of the Assembly. first preference vote see the Electoral Act 1992 , section 2 . party member , in relation to a political party, means a member of the political party. registered political party means a political party registered under the Electoral Act 1992 , part 6 .\n- (a) a registered political party of which at least 10% of the number of Assembly members provided for under the Constitution of Queensland 2001 , section 11 (rounded up to the nearest whole number) are members; or Note— Constitution of Queensland 2001 , section 11 (Number of members of Legislative Assembly)— The Legislative Assembly is to consist of 93 members.\n- The Legislative Assembly is to consist of 93 members.\n- (b) a registered political party if— (i) at least 3 Assembly members are party members and were party members at the most recent election at which the party member was elected as an Assembly member; and (ii) for the most recent general election, the total number of first preference votes for all candidates who were party members was at least 10% of the total number of first preference votes for all candidates.\n- (i) at least 3 Assembly members are party members and were party members at the most recent election at which the party member was elected as an Assembly member; and\n- (ii) for the most recent general election, the total number of first preference votes for all candidates who were party members was at least 10% of the total number of first preference votes for all candidates.\n- The Legislative Assembly is to consist of 93 members.\n- (i) at least 3 Assembly members are party members and were party members at the most recent election at which the party member was elected as an Assembly member; and\n- (ii) for the most recent general election, the total number of first preference votes for all candidates who were party members was at least 10% of the total number of first preference votes for all candidates.","sortOrder":59},{"sectionNumber":"sec.40","sectionType":"section","heading":"Purpose of pt 4","content":"### sec.40 Purpose of pt 4\n\nThe purpose of this part is to provide for particular matters about the annual salary, and any additional salary or allowances in connection with members.","sortOrder":60},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Annual salary and additional salary","content":"## Annual salary and additional salary","sortOrder":61},{"sectionNumber":"sec.41","sectionType":"section","heading":"Annual salary entitlement of member","content":"### sec.41 Annual salary entitlement of member\n\nA member is entitled to an annual salary decided by the tribunal under a remuneration determination.\ns 41 amd 2020 No. 25 s 25","sortOrder":62},{"sectionNumber":"sec.42","sectionType":"section","heading":"Additional salary entitlement of some members","content":"### sec.42 Additional salary entitlement of some members\n\nA member who holds any of the following offices may be entitled under a remuneration determination to be paid salary in addition to the salary the member is entitled to under section 41 —\nMinister\nAssistant Minister and Leader of the House\nAssistant Minister\nSpeaker\nDeputy Speaker\nLeader of the Opposition\nDeputy Leader of the Opposition\nManager of Opposition Business\nleader in the Assembly of a recognised political party, other than the Leader or Deputy Leader of the Opposition\nchief government whip\nsenior government whip\ngovernment deputy whip\nopposition whip\nchairperson of a committee\nmember of a committee\nanother office approved by resolution of the Assembly to be an office to which this section applies.\nA remuneration determination about additional salary may provide for different additional salaries for different Ministers having regard to the responsibilities of the Ministers.\nIn this section—\nmember , of a committee, includes, for the Committee of the Legislative Assembly, a member of the Assembly who is performing the role of a member of the committee as an alternate under the Parliament of Queensland Act 2001 , section 81 .\ns 42 amd 2020 No. 25 s 26\n(sec.42-ssec.1) A member who holds any of the following offices may be entitled under a remuneration determination to be paid salary in addition to the salary the member is entitled to under section 41 — Minister Assistant Minister and Leader of the House Assistant Minister Speaker Deputy Speaker Leader of the Opposition Deputy Leader of the Opposition Manager of Opposition Business leader in the Assembly of a recognised political party, other than the Leader or Deputy Leader of the Opposition chief government whip senior government whip government deputy whip opposition whip chairperson of a committee member of a committee another office approved by resolution of the Assembly to be an office to which this section applies.\n(sec.42-ssec.2) A remuneration determination about additional salary may provide for different additional salaries for different Ministers having regard to the responsibilities of the Ministers.\n(sec.42-ssec.3) In this section— member , of a committee, includes, for the Committee of the Legislative Assembly, a member of the Assembly who is performing the role of a member of the committee as an alternate under the Parliament of Queensland Act 2001 , section 81 .\n- • Minister • Assistant Minister and Leader of the House • Assistant Minister • Speaker • Deputy Speaker • Leader of the Opposition • Deputy Leader of the Opposition • Manager of Opposition Business • leader in the Assembly of a recognised political party, other than the Leader or Deputy Leader of the Opposition • chief government whip • senior government whip • government deputy whip • opposition whip • chairperson of a committee • member of a committee • another office approved by resolution of the Assembly to be an office to which this section applies.\n- • Minister\n- • Assistant Minister and Leader of the House\n- • Assistant Minister\n- • Speaker\n- • Deputy Speaker\n- • Leader of the Opposition\n- • Deputy Leader of the Opposition\n- • Manager of Opposition Business\n- • leader in the Assembly of a recognised political party, other than the Leader or Deputy Leader of the Opposition\n- • chief government whip\n- • senior government whip\n- • government deputy whip\n- • opposition whip\n- • chairperson of a committee\n- • member of a committee\n- • another office approved by resolution of the Assembly to be an office to which this section applies.\n- • Minister\n- • Assistant Minister and Leader of the House\n- • Assistant Minister\n- • Speaker\n- • Deputy Speaker\n- • Leader of the Opposition\n- • Deputy Leader of the Opposition\n- • Manager of Opposition Business\n- • leader in the Assembly of a recognised political party, other than the Leader or Deputy Leader of the Opposition\n- • chief government whip\n- • senior government whip\n- • government deputy whip\n- • opposition whip\n- • chairperson of a committee\n- • member of a committee\n- • another office approved by resolution of the Assembly to be an office to which this section applies.","sortOrder":63},{"sectionNumber":"sec.43","sectionType":"section","heading":"Amount of additional salary","content":"### sec.43 Amount of additional salary\n\nThe amount of any additional salary of a member under section 42 is the additional salary for that member decided by the tribunal under a remuneration determination.\nHowever, a member is entitled to be paid only 1 additional salary.\nIf, but for subsection (2) , a member would be entitled to be paid more than 1 additional salary, the member is entitled to be paid the higher or highest of the additional salaries.\ns 43 amd 2020 No. 25 s 27\n(sec.43-ssec.1) The amount of any additional salary of a member under section 42 is the additional salary for that member decided by the tribunal under a remuneration determination.\n(sec.43-ssec.2) However, a member is entitled to be paid only 1 additional salary.\n(sec.43-ssec.3) If, but for subsection (2) , a member would be entitled to be paid more than 1 additional salary, the member is entitled to be paid the higher or highest of the additional salaries.","sortOrder":64},{"sectionNumber":"sec.44","sectionType":"section","heading":"Additional salary of Deputy Speaker","content":"### sec.44 Additional salary of Deputy Speaker\n\nThis section applies if—\nthe Deputy Speaker acts as the Speaker for a continuous period of 30 days or more; and\nthe Speaker is entitled to an additional salary under section 42 .\nFor the whole of the 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 him or her as the Deputy Speaker.\n(sec.44-ssec.1) This section applies if— the Deputy Speaker acts as the Speaker for a continuous period of 30 days or more; and the Speaker is entitled to an additional salary under section 42 .\n(sec.44-ssec.2) For the whole of the 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 him or her as the Deputy Speaker.\n- (a) the Deputy Speaker acts as the Speaker for a continuous period of 30 days or more; and\n- (b) the Speaker is entitled to an additional salary under section 42 .","sortOrder":65},{"sectionNumber":"sec.45","sectionType":"section","heading":"Additional salary of temporary Deputy Speaker","content":"### sec.45 Additional salary of temporary Deputy Speaker\n\nThis section applies if—\na temporary Deputy Speaker acts in the office of the Deputy Speaker for a continuous period of 30 days or more; and\nthe Deputy Speaker is entitled to an additional salary under section 42 .\nFor the whole of the period 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.\nIn this section—\ntemporary Deputy Speaker means a member appointed or recognised as a temporary Deputy Speaker under the standing rules and orders adopted under the Parliament of Queensland Act 2001 , section 11 .\n(sec.45-ssec.1) This section applies 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 section 42 .\n(sec.45-ssec.2) For the whole of the period 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.\n(sec.45-ssec.3) In this section— temporary Deputy Speaker means a member appointed or recognised as a temporary Deputy Speaker under the standing rules and orders adopted under the Parliament of Queensland Act 2001 , section 11 .\n- (a) a temporary Deputy Speaker acts in the office of the Deputy Speaker for a continuous period of 30 days or more; and\n- (b) the Deputy Speaker is entitled to an additional salary under section 42 .","sortOrder":66},{"sectionNumber":"sec.46","sectionType":"section","heading":"Additional salary of acting Minister","content":"### sec.46 Additional salary of acting Minister\n\nIf 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.\nSubsection (3) applies if—\na Minister (the first Minister ) acts in another Minister’s office for a continuous period of 30 days or more; and\na higher additional salary under section 42 is payable for the other Minister’s office.\nFor the whole of the 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.\n(sec.46-ssec.1) 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.\n(sec.46-ssec.2) Subsection (3) applies 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 section 42 is payable for the other Minister’s office.\n(sec.46-ssec.3) For the whole of the 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.\n- (a) a Minister (the first Minister ) acts in another Minister’s office for a continuous period of 30 days or more; and\n- (b) a higher additional salary under section 42 is payable for the other Minister’s office.","sortOrder":67},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Payment of salaries","content":"## Payment of salaries","sortOrder":68},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application of div 3","content":"### sec.47 Application of div 3\n\nThis division only applies for the purpose of deciding the period for which an annual salary or additional salary for a member is payable.","sortOrder":69},{"sectionNumber":"sec.48","sectionType":"section","heading":"When salary is paid","content":"### sec.48 When salary is paid\n\nA person is entitled to salary as a member from the day of the poll at which the person is elected as a member until the day the person stops being a member.\nFor subsection (1) , if the person is a member on the expiry or dissolution of the Assembly—\nthe person does not stop being a member on the expiry or dissolution; and\nif the person is not elected at the general election held after the expiry or dissolution, the person stops being a member on the polling day for the general election.\n(sec.48-ssec.1) A person is entitled to salary as a member from the day of the poll at which the person is elected as a member until the day the person stops being a member.\n(sec.48-ssec.2) For subsection (1) , if the person is a member on the expiry or dissolution of the Assembly— the person does not stop being a member on the expiry or dissolution; and if the person is not elected at the general election held after the expiry or dissolution, the person stops being a member on the polling day for the general election.\n- (a) the person does not stop being a member on the expiry or dissolution; and\n- (b) if the person is not elected at the general election held after the expiry or dissolution, the person stops being a member on the polling day for the general election.","sortOrder":70},{"sectionNumber":"sec.49","sectionType":"section","heading":"When additional salary is paid","content":"### sec.49 When additional salary is paid\n\nA member who is entitled to additional salary under section 42 for holding an office is entitled to be paid the additional salary from the day of—\nfor an office holder appointed by the Assembly—the appointment; or\notherwise—notification of the appointment to the Speaker or the Assembly;\nuntil the day the person stops holding the office.\nFor subsection (1) , the person stops holding the office on—\nfor the Speaker—the day the person’s appointment as Speaker ends under the Parliament of Queensland Act 2001 , section 14 (3) or 15 ; or\nfor the Deputy Speaker—the day the person’s appointment as Deputy Speaker ends under the Parliament of Queensland Act 2001 , section 17 (3) or 18 ; or\nfor a Minister—the day the person’s appointment as Minister ends under the Constitution of Queensland 2001 , section 34 ; or\nfor an Assistant Minister—the day the person’s appointment as Assistant Minister ends under the Constitution of Queensland 2001 , section 26 ; or\nfor a member who is a chairperson or a member of a committee on the expiry or dissolution of the Assembly—the polling day for the general election held after the expiry or dissolution; or\nfor another person holding office—\nthe day the person resigns the office; or\nthe day the person stops being a member; or\nthe day a successor is appointed to the office and, if the successor is not appointed by the Assembly, the Assembly or Speaker is notified of the appointment of the successor.\n(sec.49-ssec.1) A member who is entitled to additional salary under section 42 for holding an office is entitled to be paid the additional salary from the day of— for an office holder appointed by the Assembly—the appointment; or otherwise—notification of the appointment to the Speaker or the Assembly; until the day the person stops holding the office.\n(sec.49-ssec.2) For subsection (1) , the person stops holding the office on— for the Speaker—the day the person’s appointment as Speaker ends under the Parliament of Queensland Act 2001 , section 14 (3) or 15 ; or for the Deputy Speaker—the day the person’s appointment as Deputy Speaker ends under the Parliament of Queensland Act 2001 , section 17 (3) or 18 ; or for a Minister—the day the person’s appointment as Minister ends under the Constitution of Queensland 2001 , section 34 ; or for an Assistant Minister—the day the person’s appointment as Assistant Minister ends under the Constitution of Queensland 2001 , section 26 ; or for a member who is a chairperson or a member of a committee on the expiry or dissolution of the Assembly—the polling day for the general election held after the expiry or dissolution; or for another person holding office— the day the person resigns the office; or the day the person stops being a member; or the day a successor is appointed to the office and, if the successor is not appointed by the Assembly, the Assembly or Speaker is notified of the appointment of the successor.\n- (a) for an office holder appointed by the Assembly—the appointment; or\n- (b) otherwise—notification of the appointment to the Speaker or the Assembly;\n- (a) for the Speaker—the day the person’s appointment as Speaker ends under the Parliament of Queensland Act 2001 , section 14 (3) or 15 ; or\n- (b) for the Deputy Speaker—the day the person’s appointment as Deputy Speaker ends under the Parliament of Queensland Act 2001 , section 17 (3) or 18 ; or\n- (c) for a Minister—the day the person’s appointment as Minister ends under the Constitution of Queensland 2001 , section 34 ; or\n- (d) for an Assistant Minister—the day the person’s appointment as Assistant Minister ends under the Constitution of Queensland 2001 , section 26 ; or\n- (e) for a member who is a chairperson or a member of a committee on the expiry or dissolution of the Assembly—the polling day for the general election held after the expiry or dissolution; or\n- (f) for another person holding office— (i) the day the person resigns the office; or (ii) the day the person stops being a member; or (iii) the day a successor is appointed to the office and, if the successor is not appointed by the Assembly, the Assembly or Speaker is notified of the appointment of the successor.\n- (i) the day the person resigns the office; or\n- (ii) the day the person stops being a member; or\n- (iii) the day a successor is appointed to the office and, if the successor is not appointed by the Assembly, the Assembly or Speaker is notified of the appointment of the successor.\n- (i) the day the person resigns the office; or\n- (ii) the day the person stops being a member; or\n- (iii) the day a successor is appointed to the office and, if the successor is not appointed by the Assembly, the Assembly or Speaker is notified of the appointment of the successor.","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Apparent vacation of seat when Assembly not sitting","content":"### sec.50 Apparent vacation of seat when Assembly not sitting\n\nThis section applies if at any time when the Assembly is not sitting the seat of any member has become vacant for any cause.\nThe Speaker, or if the member concerned is the Speaker, the Deputy Speaker, may direct the Treasurer to retain the amounts that would be payable to the member for the interval between the happening of the cause and the next sitting or session of the Assembly.\nIf the Assembly declares the seat to have been vacated, no payment is to be made to the member for the time that has elapsed since the happening of the cause.\nHowever, if the seat is not declared to have been vacated, the amounts retained by the Treasurer are to be immediately paid to the member.\n(sec.50-ssec.1) This section applies if at any time when the Assembly is not sitting the seat of any member has become vacant for any cause.\n(sec.50-ssec.2) The Speaker, or if the member concerned is the Speaker, the Deputy Speaker, may direct the Treasurer to retain the amounts that would be payable to the member for the interval between the happening of the cause and the next sitting or session of the Assembly.\n(sec.50-ssec.3) If the Assembly declares the seat to have been vacated, no payment is to be made to the member for the time that has elapsed since the happening of the cause.\n(sec.50-ssec.4) However, if the seat is not declared to have been vacated, the amounts retained by the Treasurer are to be immediately paid to the member.","sortOrder":72},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Salary sacrifice","content":"## Salary sacrifice","sortOrder":73},{"sectionNumber":"sec.51","sectionType":"section","heading":"Member may salary sacrifice","content":"### sec.51 Member may salary sacrifice\n\nA member may elect that the annual salary and any additional salary of the member—\nbe provided in part by the payment of salary to the member and in part by the payment of—\nsuperannuation contributions for the member; or\nan amount under an arrangement about salary packaging that is the same as an arrangement about salary packaging applying to a public service employee; or\nbe provided entirely by the payment of superannuation contributions for the member.\nIf the member elects that part or all of the member’s annual salary and any additional salary is to be provided by payment of superannuation contributions under subsection (1) , the election must be made by written notice given to the Clerk.\nDespite part or all of the annual salary or any additional salary of the member being paid under subsection (1) , the member is taken to have received the annual salary and any additional salary the member is entitled to.\nIn this section—\nadditional salary , of a member, means salary the member is entitled to under sections 42 to 46 .\n(sec.51-ssec.1) 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 for 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; or be provided entirely by the payment of superannuation contributions for the member.\n(sec.51-ssec.2) If the member elects that part or all of the member’s annual salary and any additional salary is to be provided by payment of superannuation contributions under subsection (1) , the election must be made by written notice given to the Clerk.\n(sec.51-ssec.3) Despite part or all of the annual salary or any additional salary of the member being paid under subsection (1) , the member is taken to have received the annual salary and any additional salary the member is entitled to.\n(sec.51-ssec.4) In this section— additional salary , of a member, means salary the member is entitled to under sections 42 to 46 .\n- (a) be provided in part by the payment of salary to the member and in part by the payment of— (i) superannuation contributions for the member; or (ii) an amount under an arrangement about salary packaging that is the same as an arrangement about salary packaging applying to a public service employee; or\n- (i) superannuation contributions for the member; or\n- (ii) an amount under an arrangement about salary packaging that is the same as an arrangement about salary packaging applying to a public service employee; or\n- (b) be provided entirely by the payment of superannuation contributions for the member.\n- (i) superannuation contributions for the member; or\n- (ii) an amount under an arrangement about salary packaging that is the same as an arrangement about salary packaging applying to a public service employee; or","sortOrder":74},{"sectionNumber":"sec.52","sectionType":"section","heading":"Variation or revocation of election","content":"### sec.52 Variation or revocation of election\n\nA member may, by written notice given to the Clerk, vary or revoke a notice of election mentioned in section 51 (2) .","sortOrder":75},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Allowances and entitlements","content":"## Allowances and entitlements","sortOrder":76},{"sectionNumber":"sec.53","sectionType":"section","heading":"Definition for div 5","content":"### sec.53 Definition for div 5\n\nIn this division—\nprescribed rate of interest means interest at the Reserve Bank of Australia cash rate plus 50 basis points, calculated daily.\nThe cash rate is published on the Reserve Bank of Australia website at <www.rba.gov.au>.","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":"Member’s allowances and entitlements","content":"### sec.54 Member’s allowances and entitlements\n\nA member is entitled to the allowances and entitlements decided by the tribunal under a remuneration determination.\ns 54 amd 2020 No. 25 s 28","sortOrder":78},{"sectionNumber":"sec.56","sectionType":"section","heading":"Liability of former members to repay advance allowance","content":"### sec.56 Liability of former members to repay advance allowance\n\nIf a member is paid an advance allowance and then stops being a member before the end of the period in relation to which the allowance is paid, the member is liable to repay the pro rata amount of the allowance relating to the remainder of the period (the overpayment ).\nIf any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\nThe overpayment together with any interest payable under subsection (2) 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.\nIn this section—\nadvance allowance means an allowance of a particular type payable to a member under the members’ handbook in relation to a period and in advance for the period.\npro rata amount , of an advance allowance relating to the remainder of a period, means the proportion of the amount of the allowance that is the same proportion that the remainder of the period bears to the whole period.\n(sec.56-ssec.1) If a member is paid an advance allowance and then stops being a member before the end of the period in relation to which the allowance is paid, the member is liable to repay the pro rata amount of the allowance relating to the remainder of the period (the overpayment ).\n(sec.56-ssec.2) If any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\n(sec.56-ssec.3) The overpayment together with any interest payable under subsection (2) 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.\n(sec.56-ssec.4) In this section— advance allowance means an allowance of a particular type payable to a member under the members’ handbook in relation to a period and in advance for the period. pro rata amount , of an advance allowance relating to the remainder of a period, means the proportion of the amount of the allowance that is the same proportion that the remainder of the period bears to the whole period.","sortOrder":79},{"sectionNumber":"sec.57","sectionType":"section","heading":"Liability of member to repay allowance","content":"### sec.57 Liability of member to repay allowance\n\nThis section applies if—\na member is paid an allowance on condition that the member accounts for the member’s expenditure of the allowance to the Clerk; and\nthe Clerk considers the member has not satisfactorily accounted for the expenditure of the allowance or part of the allowance.\nThe member is liable to repay the overpayment.\nThe Clerk may deduct the overpayment from any further allowance to which the member is entitled.\nIf any part of the overpayment has not been deducted under subsection (3) or is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\nThe overpayment together with any interest payable under subsection (4) 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.\nIn this section—\noverpayment means the amount of an allowance for which the Clerk considers the member has not satisfactorily accounted.\n(sec.57-ssec.1) This section applies if— a member is paid an allowance on condition that the member accounts for the member’s expenditure of the allowance to the Clerk; and the Clerk considers the member has not satisfactorily accounted for the expenditure of the allowance or part of the allowance.\n(sec.57-ssec.2) The member is liable to repay the overpayment.\n(sec.57-ssec.3) The Clerk may deduct the overpayment from any further allowance to which the member is entitled.\n(sec.57-ssec.4) If any part of the overpayment has not been deducted under subsection (3) or is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\n(sec.57-ssec.5) The overpayment together with any interest payable under subsection (4) 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.\n(sec.57-ssec.6) In this section— overpayment means the amount of an allowance for which the Clerk considers the member has not satisfactorily accounted.\n- (a) a member is paid an allowance on condition that the member accounts for the member’s expenditure of the allowance to the Clerk; and\n- (b) the Clerk considers the member has not satisfactorily accounted for the expenditure of the allowance or part of the allowance.","sortOrder":80},{"sectionNumber":"sec.58","sectionType":"section","heading":"Clerk’s certificate","content":"### sec.58 Clerk’s certificate\n\nA certificate signed by the Clerk stating any of the following is evidence of the matter stated—\nthat a person was a member who had received an allowance of a stated amount, including a stated amount in relation to a stated period;\nthat under section 56 or 57 the person is liable to repay a stated amount of the allowance and any accrued interest;\nthat the person at a stated date had not paid a stated amount the person is liable to repay under section 56 or 57 .\n- (a) that a person was a member who had received an allowance of a stated amount, including a stated amount in relation to a stated period;\n- (b) that under section 56 or 57 the person is liable to repay a stated amount of the allowance and any accrued interest;\n- (c) that the person at a stated date had not paid a stated amount the person is liable to repay under section 56 or 57 .","sortOrder":81},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Other provision","content":"## Other provision","sortOrder":82},{"sectionNumber":"sec.59","sectionType":"section","heading":"Annual reversion to treasury of undrawn amounts","content":"### sec.59 Annual reversion to treasury of undrawn amounts\n\nIf amounts payable to a member under this part have not been drawn by the member by the end of 7 days after 1 July in each year, the amounts are to revert to the treasury and become part of the consolidated fund.\nThe member is no longer entitled to payment of the amounts.\n(sec.59-ssec.1) If amounts payable to a member under this part have not been drawn by the member by the end of 7 days after 1 July in each year, the amounts are to revert to the treasury and become part of the consolidated fund.\n(sec.59-ssec.2) The member is no longer entitled to payment of the amounts.","sortOrder":83},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Additional staff members for cross bench members","content":"# Additional staff members for cross bench members","sortOrder":84},{"sectionNumber":"sec.59A","sectionType":"section","heading":"Purpose of part","content":"### sec.59A Purpose of part\n\nThe purpose of this part is to provide for particular matters about additional staff members for cross bench members.\ns 59A ins 2020 No. 25 s 30","sortOrder":85},{"sectionNumber":"sec.59B","sectionType":"section","heading":"Clerk to give effect to entitlement to additional staff members","content":"### sec.59B Clerk to give effect to entitlement to additional staff members\n\nThis section applies in relation to a cross bench member if the member is entitled to additional staff members under an additional staff member determination.\nThe cross bench member may request the Clerk provide additional staff members to the cross bench member in accordance with the additional staff member determination.\nThe Clerk must give effect to a cross bench member’s request under subsection (2) in a way—\nthe Clerk considers appropriate; and\nthat ensures the member’s request is fulfilled to the greatest practicable extent without exceeding the member’s entitlement under the additional staff member determination.\nThe Clerk’s functions under this section are to be carried out as part of the Clerk’s functions under the Parliamentary Service Act 1988 as the chief executive of the parliamentary service established under that Act.\nSee the Parliamentary Service Act 1988 , part 5 for matters about the management of the parliamentary service established under that Act.\ns 59B ins 2020 No. 25 s 30\n(sec.59B-ssec.1) This section applies in relation to a cross bench member if the member is entitled to additional staff members under an additional staff member determination.\n(sec.59B-ssec.2) The cross bench member may request the Clerk provide additional staff members to the cross bench member in accordance with the additional staff member determination.\n(sec.59B-ssec.3) The Clerk must give effect to a cross bench member’s request under subsection (2) in a way— the Clerk considers appropriate; and that ensures the member’s request is fulfilled to the greatest practicable extent without exceeding the member’s entitlement under the additional staff member determination.\n(sec.59B-ssec.4) The Clerk’s functions under this section are to be carried out as part of the Clerk’s functions under the Parliamentary Service Act 1988 as the chief executive of the parliamentary service established under that Act. See the Parliamentary Service Act 1988 , part 5 for matters about the management of the parliamentary service established under that Act.\n- (a) the Clerk considers appropriate; and\n- (b) that ensures the member’s request is fulfilled to the greatest practicable extent without exceeding the member’s entitlement under the additional staff member determination.","sortOrder":86},{"sectionNumber":"sec.59C","sectionType":"section","heading":"When entitlement to additional staff members ceases","content":"### sec.59C When entitlement to additional staff members ceases\n\nA person’s entitlement under an additional staff member determination ceases if—\nthe person ceases to be a cross bench member; or\nfor an entitlement that is conditional on the person being part of a class of cross bench members—the person ceases to be part of the class.\nThis section does not limit the ways in which a person’s entitlement under an additional staff member determination may cease.\ns 59C ins 2020 No. 25 s 30\n(sec.59C-ssec.1) A person’s entitlement under an additional staff member determination ceases if— the person ceases to be a cross bench member; or for an entitlement that is conditional on the person being part of a class of cross bench members—the person ceases to be part of the class.\n(sec.59C-ssec.2) This section does not limit the ways in which a person’s entitlement under an additional staff member determination may cease.\n- (a) the person ceases to be a cross bench member; or\n- (b) for an entitlement that is conditional on the person being part of a class of cross bench members—the person ceases to be part of the class.","sortOrder":87},{"sectionNumber":"sec.59D","sectionType":"section","heading":"Act does not affect other entitlements","content":"### sec.59D Act does not affect other entitlements\n\nThis Act does not prevent a person from receiving—\naccommodation and services in the parliamentary precinct under the Parliamentary Service Act 1988 , section 5 (a) ; or\naccommodation and services supplied elsewhere under the Parliamentary Service Act 1988 , section 5 (b) ; or\nelectorate offices, office furniture and fixed telephones, staffing support, computers, printing and copying hardware and other information technology infrastructure and major items of office equipment\nentitlements under the Queensland Ministerial Handbook or Queensland Opposition Handbook published by the department in which the Constitution of Queensland 2001 is administered; or\nentitlements under the Guidelines for the Financial Management of the Office of the Speaker; or\nentitlements arising out of a national or international arrangement.\nexpenses and travel entitlements for participation in a trade mission or a Commonwealth Parliamentary Association function\ns 59D (prev s 55) reloc and renum 2020 No. 25 s 29\n- (a) accommodation and services in the parliamentary precinct under the Parliamentary Service Act 1988 , section 5 (a) ; or\n- (b) accommodation and services supplied elsewhere under the Parliamentary Service Act 1988 , section 5 (b) ; or Examples of accommodation and services for paragraph (b) — electorate offices, office furniture and fixed telephones, staffing support, computers, printing and copying hardware and other information technology infrastructure and major items of office equipment\n- (c) entitlements under the Queensland Ministerial Handbook or Queensland Opposition Handbook published by the department in which the Constitution of Queensland 2001 is administered; or\n- (d) entitlements under the Guidelines for the Financial Management of the Office of the Speaker; or\n- (e) entitlements arising out of a national or international arrangement. Example of entitlement for paragraph (e) — expenses and travel entitlements for participation in a trade mission or a Commonwealth Parliamentary Association function","sortOrder":88},{"sectionNumber":"pt.5","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":89},{"sectionNumber":"sec.60","sectionType":"section","heading":"Members’ handbook","content":"### sec.60 Members’ handbook\n\nThe Clerk must keep a document (the Members’ Remuneration Handbook ) that includes details of—\ncurrent remuneration in connection with members of the Assembly; and\nservices and support provided to members for the members’ electorate and parliamentary offices.\nAs soon as practicable after tabling a copy of a determination about members of the Assembly under section 34 (2) , the Clerk must publish a current copy of the Members’ Remuneration Handbook on the website of the Queensland Parliament.\nIn this section—\ncurrent copy , of the Members’ Remuneration Handbook in relation to a determination, means a copy of the handbook that includes the details of all current remuneration in connection with members as provided for under the determination.\nmember includes a former member of the Assembly.\n(sec.60-ssec.1) The Clerk must keep a document (the Members’ Remuneration Handbook ) that includes details of— current remuneration in connection with members of the Assembly; and services and support provided to members for the members’ electorate and parliamentary offices.\n(sec.60-ssec.2) As soon as practicable after tabling a copy of a determination about members of the Assembly under section 34 (2) , the Clerk must publish a current copy of the Members’ Remuneration Handbook on the website of the Queensland Parliament.\n(sec.60-ssec.3) In this section— current copy , of the Members’ Remuneration Handbook in relation to a determination, means a copy of the handbook that includes the details of all current remuneration in connection with members as provided for under the determination. member includes a former member of the Assembly.\n- (a) current remuneration in connection with members of the Assembly; and\n- (b) services and support provided to members for the members’ electorate and parliamentary offices.","sortOrder":90},{"sectionNumber":"sec.61","sectionType":"section","heading":"Regulation-making power","content":"### sec.61 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":91},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":92},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":93},{"sectionNumber":"sec.62","sectionType":"section","heading":"Definition for pt 6","content":"### sec.62 Definition for pt 6\n\nIn this part—\nMembers’ Entitlements Handbook means the Members’ Entitlements Handbook setting out benefits in connection with members and former members of the Assembly approved by the Governor in Council.","sortOrder":94},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Provisions about members of the Assembly","content":"## Provisions about members of the Assembly","sortOrder":95},{"sectionNumber":"sec.63","sectionType":"section","heading":"Purpose of div 2","content":"### sec.63 Purpose of div 2\n\nThe purpose of this division is to—\naffirm the remuneration paid in connection with members of the Assembly between 1 September 2009 and 30 June 2013; and\nstop the effect of changes to remuneration from 1 July 2013 and, until the first determination is made, return remuneration in connection with members to the 30 June 2013 rates; and\napply the first determination from 1 July 2013, and recover any overpayments since that date.\n- (a) affirm the remuneration paid in connection with members of the Assembly between 1 September 2009 and 30 June 2013; and\n- (b) stop the effect of changes to remuneration from 1 July 2013 and, until the first determination is made, return remuneration in connection with members to the 30 June 2013 rates; and\n- (c) apply the first determination from 1 July 2013, and recover any overpayments since that date.","sortOrder":96},{"sectionNumber":"sec.64","sectionType":"section","heading":"Provision about members’ remuneration from 1 September 2009 to 30 June 2013","content":"### sec.64 Provision about members’ remuneration from 1 September 2009 to 30 June 2013\n\nA person who was a member of the Assembly in the relevant period is taken to have been entitled only to the remuneration approved by the Governor in Council and stated in schedules A and F, and section 3.12, of the Members’ Entitlements Handbook as in effect from time to time during the relevant period.\nThis section applies despite the Parliament of Queensland Act 2001 , chapter 7 , and any other Act or law, as in force before 9 August 2013.\nIn this section—\nrelevant period means the period starting 1 September 2009 and ending 30 June 2013.\n(sec.64-ssec.1) A person who was a member of the Assembly in the relevant period is taken to have been entitled only to the remuneration approved by the Governor in Council and stated in schedules A and F, and section 3.12, of the Members’ Entitlements Handbook as in effect from time to time during the relevant period.\n(sec.64-ssec.2) This section applies despite the Parliament of Queensland Act 2001 , chapter 7 , and any other Act or law, as in force before 9 August 2013.\n(sec.64-ssec.3) In this section— relevant period means the period starting 1 September 2009 and ending 30 June 2013.","sortOrder":97},{"sectionNumber":"sec.65","sectionType":"section","heading":"Members’ salary notice has no effect","content":"### sec.65 Members’ salary notice has no effect\n\nThe 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.\nSubsection (1) does not invalidate or otherwise affect anything done under the notice before 9 August 2013.\nSubsection (2) is subject to section 68.\n(sec.65-ssec.1) 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.\n(sec.65-ssec.2) Subsection (1) does not invalidate or otherwise affect anything done under the notice before 9 August 2013.\n(sec.65-ssec.3) Subsection (2) is subject to section 68.","sortOrder":98},{"sectionNumber":"sec.66","sectionType":"section","heading":"Provision about members’ remuneration from 9 August 2013 to making of first determination","content":"### sec.66 Provision about members’ remuneration from 9 August 2013 to making of first determination\n\nFor the relevant period, a member of the Assembly is entitled to the remuneration approved by the Governor in Council and stated in schedules A and F of the Members’ Entitlements Handbook as in effect on 30 June 2013.\nFor this section—\na reference in schedules A and F of the Members’ Entitlements Handbook to the Chairperson of Committees is taken to be a reference to the Deputy Speaker; and\nthe reference in schedule A of the Members’ Entitlements Handbook to the Assistant Minister and Manager of Government Business is taken to be a reference to the Assistant Minister and Leader of the House.\nThis section applies despite part 4.\nIn this section—\nrelevant period means the period starting on 9 August 2013 and ending on the day the tribunal makes its first determination.\n(sec.66-ssec.1) For the relevant period, a member of the Assembly is entitled to the remuneration approved by the Governor in Council and stated in schedules A and F of the Members’ Entitlements Handbook as in effect on 30 June 2013.\n(sec.66-ssec.2) For this section— a reference in schedules A and F of the Members’ Entitlements Handbook to the Chairperson of Committees is taken to be a reference to the Deputy Speaker; and the reference in schedule A of the Members’ Entitlements Handbook to the Assistant Minister and Manager of Government Business is taken to be a reference to the Assistant Minister and Leader of the House.\n(sec.66-ssec.3) This section applies despite part 4.\n(sec.66-ssec.4) In this section— relevant period means the period starting on 9 August 2013 and ending on the day the tribunal makes its first determination.\n- (a) a reference in schedules A and F of the Members’ Entitlements Handbook to the Chairperson of Committees is taken to be a reference to the Deputy Speaker; and\n- (b) the reference in schedule A of the Members’ Entitlements Handbook to the Assistant Minister and Manager of Government Business is taken to be a reference to the Assistant Minister and Leader of the House.","sortOrder":99},{"sectionNumber":"sec.67","sectionType":"section","heading":"When first determination has effect","content":"### sec.67 When first determination has effect\n\nDespite section 32, the first determination in connection with members and former members of the Assembly has effect on 1 July 2013.","sortOrder":100},{"sectionNumber":"sec.68","sectionType":"section","heading":"Liability to repay overpayment","content":"### sec.68 Liability to repay overpayment\n\nA person who was a member of the Assembly on 1 July 2013 is liable to repay an overpayment received by the member.\nThe Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the member.\nIf a member stops being a member after 1 July 2013 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\nThe overpayment together with any interest payable under subsection (3) 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.\nA certificate signed by the Clerk stating any of the following is evidence of the matter stated—\nthat a person was a member who had received an overpayment of a stated amount in relation to a stated period;\nthat under this section the person is liable to repay a stated amount of the overpayment and any accrued interest;\nthat the person at a stated date had not paid a stated amount the person is liable to repay under this section.\nIn this section—\noverpayment , for a member of the Assembly, means any amount of remuneration received by the member from 1 July 2013 to the day the tribunal makes its first determination that is more than the amount of remuneration the member is entitled to receive for that period under the first determination.\nremuneration means any salary, additional salary or expense of office allowance payable in relation to the member under the Parliamentary Members’ Salary Notice (No. 1) 2013 made by the Governor in Council on 4 July 2013.\ns 68 amd 2015 No. 3 s 32\n(sec.68-ssec.1) A person who was a member of the Assembly on 1 July 2013 is liable to repay an overpayment received by the member.\n(sec.68-ssec.2) The Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the member.\n(sec.68-ssec.3) If a member stops being a member after 1 July 2013 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the member stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\n(sec.68-ssec.4) The overpayment together with any interest payable under subsection (3) 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.\n(sec.68-ssec.5) A certificate signed by the Clerk stating any of the following is evidence of the matter stated— that a person was a member who had received an overpayment of a stated amount in relation to a stated period; that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest; that the person at a stated date had not paid a stated amount the person is liable to repay under this section.\n(sec.68-ssec.6) In this section— overpayment , for a member of the Assembly, means any amount of remuneration received by the member from 1 July 2013 to the day the tribunal makes its first determination that is more than the amount of remuneration the member is entitled to receive for that period under the first determination. remuneration means any salary, additional salary or expense of office allowance payable in relation to the member under the Parliamentary Members’ Salary Notice (No. 1) 2013 made by the Governor in Council on 4 July 2013.\n- (a) that a person was a member who had received an overpayment of a stated amount in relation to a stated period;\n- (b) that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest;\n- (c) that the person at a stated date had not paid a stated amount the person is liable to repay under this section.","sortOrder":101},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":102},{"sectionNumber":"sec.69","sectionType":"section","heading":"Provision about members’ handbook","content":"### sec.69 Provision about members’ handbook\n\nThe handbooks are taken to be the Members’ Remuneration Handbook.\nIn this section—\nhandbooks means the following documents as in effect immediately before 9 August 2013—\nthe Members’ Entitlements Handbook;\nthe Members’ Office Support Handbook setting out electorate and Parliament House office support for members of the Assembly approved by the Governor in Council.\n(sec.69-ssec.1) The handbooks are taken to be the Members’ Remuneration Handbook.\n(sec.69-ssec.2) In this section— handbooks means the following documents as in effect immediately before 9 August 2013— the Members’ Entitlements Handbook; the Members’ Office Support Handbook setting out electorate and Parliament House office support for members of the Assembly approved by the Governor in Council.\n- (a) the Members’ Entitlements Handbook;\n- (b) the Members’ Office Support Handbook setting out electorate and Parliament House office support for members of the Assembly approved by the Governor in Council.","sortOrder":103},{"sectionNumber":"sec.70","sectionType":"section","heading":"Term of appointment of first tribunal members","content":"### sec.70 Term of appointment of first tribunal members\n\nDespite section 12(1), the term of appointment for the first tribunal members appointed under that section ends on 15 July 2016.","sortOrder":104},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Revocation and transitional provisions for Parliament of Queensland and Other Acts Amendment Act 2015","content":"## Revocation and transitional provisions for Parliament of Queensland and Other Acts Amendment Act 2015","sortOrder":105},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definitions for div 4","content":"### sec.71 Definitions for div 4\n\nIn this division—\nmember means a member of the Assembly.\npublic service salary decision see section 31A(5).\ns 71 prev s 71 exp 9 August 2014 (see s 71(4))\npres s 71 ins 2015 No. 3 s 33","sortOrder":106},{"sectionNumber":"sec.72","sectionType":"section","heading":"Retrospective revocation of Determination 7/2015","content":"### sec.72 Retrospective revocation of Determination 7/2015\n\nDetermination 7/2015 made by the tribunal on 5 March 2015 is of no effect and is taken to have never had effect.\ns 72 ins 2015 No. 3 s 33","sortOrder":107},{"sectionNumber":"sec.73","sectionType":"section","heading":"Liability to repay overpayment","content":"### sec.73 Liability to repay overpayment\n\nThe purpose of this section is to enable the recovery of any overpayments made to members for the period from 6 April 2015 until the day this section commences (the transitional period ), consequent on the retrospective revocation of Determination 7/2015 under section 72.\nDetermination 7/2015 stated that it took effect on 6 April 2015.\nFor this section—\na member’s actual remuneration is the amount of remuneration received by the member for the transitional period; and\na member’s entitlement is the amount of remuneration to which the member was entitled, under this Act as affected by section 72, for the transitional period; and\nan overpayment is an amount by which a member’s actual remuneration is more than the member’s entitlement.\nA person who was a member at any time during the transitional period is liable to repay any overpayment received by the person.\nThe Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the person.\nIf the person stopped or stops being a member on or after 6 April 2015 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the person stopped or stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\nThe overpayment together with any interest payable under subsection (5) may, with the Premier’s approval, be recovered by the Clerk as a debt owing to the State.\nA certificate signed by the Clerk stating any of the following is evidence of the matter stated—\nthat a person was a member who had received an overpayment of a stated amount in relation to a stated period;\nthat under this section the person is liable to repay a stated amount of the overpayment and any accrued interest;\nthat the person at a stated date had not paid a stated amount the person is liable to repay under this section.\ns 73 ins 2015 No. 3 s 33\n(sec.73-ssec.1) The purpose of this section is to enable the recovery of any overpayments made to members for the period from 6 April 2015 until the day this section commences (the transitional period ), consequent on the retrospective revocation of Determination 7/2015 under section 72. Determination 7/2015 stated that it took effect on 6 April 2015.\n(sec.73-ssec.2) For this section— a member’s actual remuneration is the amount of remuneration received by the member for the transitional period; and a member’s entitlement is the amount of remuneration to which the member was entitled, under this Act as affected by section 72, for the transitional period; and an overpayment is an amount by which a member’s actual remuneration is more than the member’s entitlement.\n(sec.73-ssec.3) A person who was a member at any time during the transitional period is liable to repay any overpayment received by the person.\n(sec.73-ssec.4) The Clerk may recover the overpayment by deducting the amount, or the amount in instalments, from the fortnightly salary payable to the person.\n(sec.73-ssec.5) If the person stopped or stops being a member on or after 6 April 2015 and any part of the overpayment is unpaid after the day (the relevant day ) that is 6 months after the day the person stopped or stops being a member, the prescribed rate of interest is payable on the unpaid amount on and from the day after the relevant day.\n(sec.73-ssec.6) The overpayment together with any interest payable under subsection (5) may, with the Premier’s approval, be recovered by the Clerk as a debt owing to the State.\n(sec.73-ssec.7) A certificate signed by the Clerk stating any of the following is evidence of the matter stated— that a person was a member who had received an overpayment of a stated amount in relation to a stated period; that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest; that the person at a stated date had not paid a stated amount the person is liable to repay under this section.\n- (a) a member’s actual remuneration is the amount of remuneration received by the member for the transitional period; and\n- (b) a member’s entitlement is the amount of remuneration to which the member was entitled, under this Act as affected by section 72, for the transitional period; and\n- (c) an overpayment is an amount by which a member’s actual remuneration is more than the member’s entitlement.\n- (a) that a person was a member who had received an overpayment of a stated amount in relation to a stated period;\n- (b) that under this section the person is liable to repay a stated amount of the overpayment and any accrued interest;\n- (c) that the person at a stated date had not paid a stated amount the person is liable to repay under this section.","sortOrder":108},{"sectionNumber":"sec.74","sectionType":"section","heading":"Determination about salary entitlements in response to particular decision before commencement","content":"### sec.74 Determination about salary entitlements in response to particular decision before commencement\n\nThis section applies if a public service salary decision was made on or after the introduction day and before the day this section commences.\nThe tribunal must make a determination about members’ salary entitlements under section 31A as if the public service salary decision were made on the day this section commences.\nIn this section—\nintroduction day means the day on which the Bill for the Parliament of Queensland and Other Acts Amendment Act 2015 was introduced into the Assembly.\ns 74 ins 2015 No. 3 s 33\n(sec.74-ssec.1) This section applies if a public service salary decision was made on or after the introduction day and before the day this section commences.\n(sec.74-ssec.2) The tribunal must make a determination about members’ salary entitlements under section 31A as if the public service salary decision were made on the day this section commences.\n(sec.74-ssec.3) In this section— introduction day means the day on which the Bill for the Parliament of Queensland and Other Acts Amendment Act 2015 was introduced into the Assembly.","sortOrder":109},{"sectionNumber":"sec.75","sectionType":"section","heading":"Determination about salary entitlements in response to Directive 16/13","content":"### sec.75 Determination about salary entitlements in response to Directive 16/13\n\nThis section applies if Directive 16/13 is still in effect on 1 December 2015.\nThe tribunal must make a determination about members’ salary entitlements under section 31A as if Directive 16/13 were made on 1 December 2015.\nFor subsection (2), any provision of Directive 16/13 for a salary increase that applies to a period before 1 December 2015 is to be disregarded.\nIn this section—\nDirective 16/13 means the directive of that name made under the Public Service Act 2008 , section 54 (1) .\ns 75 ins 2015 No. 3 s 33\n(sec.75-ssec.1) This section applies if Directive 16/13 is still in effect on 1 December 2015.\n(sec.75-ssec.2) The tribunal must make a determination about members’ salary entitlements under section 31A as if Directive 16/13 were made on 1 December 2015.\n(sec.75-ssec.3) For subsection (2), any provision of Directive 16/13 for a salary increase that applies to a period before 1 December 2015 is to be disregarded.\n(sec.75-ssec.4) In this section— Directive 16/13 means the directive of that name made under the Public Service Act 2008 , section 54 (1) .","sortOrder":110},{"sectionNumber":"pt.7","sectionType":"part","heading":"Amendments and repeal of legislation","content":"# Amendments and repeal of legislation","sortOrder":111},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Repeal of Parliament of Queensland Regulation 2012","content":"## Repeal of Parliament of Queensland Regulation 2012","sortOrder":112},{"sectionNumber":"sec.112","sectionType":"section","heading":"Repeal","content":"### sec.112 Repeal\n\nThe Parliament of Queensland Regulation 2012, SL No. 142 is repealed.","sortOrder":113}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":579},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2013 purpose. Originally focused solely on MP remuneration, it was amended in 2020 to add a second major function: determining additional staff entitlements for cross bench members. This effectively made the tribunal responsible for resourcing parliamentary operations, not just pay rates. The 2015 amendments also introduced complex linkages to public service salary decisions, constraining the tribunal's independence in setting basic MP salaries."},"complexity_factors":["Multiple amendment layers (2015, 2020, 2022, 2023) creating parallel regimes for different entitlements","Extensive cross-referencing to other Queensland legislation (Constitution of Queensland 2001, Parliament of Queensland Act 2001, Public Sector Act 2022, etc.)","Conditional logic for salary timing — different rules apply to basic salary vs additional salary vs allowances","Transitional provisions with retrospective effect and overpayment recovery mechanisms","Detailed eligibility exclusions for tribunal membership (11 separate disqualification categories)","Defined terms scattered across Act and Schedule 1 dictionary","Separate procedural tracks for remuneration determinations vs additional staff member determinations"],"plain_english_summary":"This Act creates an **independent body** called the **Queensland Independent Remuneration Tribunal** to decide how much Queensland politicians get paid and what extra staff support cross bench members receive.\n\n**What it does:**\n- **Removes politicians from setting their own pay** — instead, a 3-person independent tribunal makes binding decisions about salaries, allowances, and entitlements for current and former members of the Queensland Parliament (the \"Assembly\")\n- **Sets up the tribunal's structure** — 3 part-time members appointed by the Governor in Council for 3-year terms, with strict eligibility rules (no current or former politicians, party members, or public servants can serve)\n- **Guarantees independence** — the tribunal cannot be directed by any Minister or government entity\n- **Links MP pay to public service wages** — since 2015, salary increases for MPs generally can't exceed those given to senior public servants\n- **Supports cross bench members** — since 2020, the tribunal also decides extra staffing entitlements for independent and minor party MPs who aren't in government or opposition\n\n**Who it affects:**\n- All 93 members of the Queensland Legislative Assembly\n- Former members entitled to ongoing benefits\n- Cross bench (independent and minor party) members needing additional staff\n\n**Why it matters:**\nBefore this Act, politicians effectively set their own pay, creating conflicts of interest. This law \"takes the politics out of politician pay\" by handing decisions to an independent body with transparent processes, public consultation, and parliamentary oversight of determinations."},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original stated purpose was limited to reviewing and deciding remuneration for members and former members of the Queensland Legislative Assembly. The 2020 amendments (No. 25 of 2020) materially expanded the scope by adding a second, distinct function: determining entitlements of 'cross bench members' to additional staff members. This introduced an entirely new type of determination, new principles, new timing requirements, and a new Part 4A dealing with implementation of staff entitlements — going beyond the original pay-setting function into resource allocation for a specific sub-class of members."},"complexity_factors":["Multiple interlocking parts governing different aspects (tribunal structure, remuneration determinations, additional staff member determinations, payment mechanics, allowance repayment, transitional provisions)","Detailed eligibility and disqualification criteria for tribunal membership with numerous carve-outs","Complex salary entitlement rules distinguishing annual salary, additional salary, acting roles, and salary sacrifice arrangements","Separate regime for cross bench members' staff entitlements introduced by 2020 amendments, adding a distinct determination type with its own principles and timing requirements","Salary increase caps tied to public service salary decisions with specific definitions referencing external Acts (Public Sector Act 2022, Industrial Relations Act 2016)","Transitional provisions that retrospectively deem historical pay entitlements, invalidate specific past instruments, and deal with overpayment recovery","Multiple cross-references to external legislation (Parliament of Queensland Act 2001, Constitution of Queensland 2001, Electoral Act 1992, Parliamentary Service Act 1988, Crime and Corruption Act 2001)","Definition of 'recognised political party' involves percentage thresholds, vote counts, and conditional loss of status — unusually technical for a remuneration statute","Determinations can have retrospective effect, which adds interpretive complexity","Strict limitation of judicial review (only jurisdictional error) with precise legal language"],"plain_english_summary":"## Queensland Independent Remuneration Tribunal Act 2013\n\n### What does this law do?\nThis Act creates an **independent body** — the Queensland Independent Remuneration Tribunal (the \"Tribunal\") — whose job is to decide **how much Queensland politicians get paid** and what entitlements they receive. The idea is to take that decision away from politicians themselves and hand it to an independent panel, removing the conflict of interest that comes with MPs voting on their own pay.\n\n### Who does it affect?\n- **Members of the Queensland Legislative Assembly (MPs)** — their salaries, extra pay for holding senior roles (like Minister or Speaker), and allowances are all set by the Tribunal\n- **Former MPs** — certain entitlements can apply after they leave parliament\n- **Cross bench members** (independents and minor party MPs who are neither government nor opposition) — the Tribunal also decides how many extra staff they're entitled to, recognising they don't benefit from the same party resources as major parties\n- **Queenslanders generally** — this law affects how public money is spent on elected representatives\n\n### How does it work?\n**The Tribunal:**\n- Has 3 part-time members appointed by the Governor in Council (a formal process meaning effectively the government of the day)\n- Must act **independently** — no Minister or other official can tell it what to do\n- Members cannot be politicians, party members, public servants, local councillors, or people connected to political parties\n- Makes binding **\"determinations\"** (formal decisions) about pay and entitlements\n- Must publish its decisions and the reasons behind them\n\n**Pay decisions:**\n- Every MP gets a base annual salary\n- MPs in special roles (Minister, Speaker, opposition leader, committee chairs, whips, etc.) can get **extra salary** on top — but only one extra salary at a time (the highest one)\n- Salary increases for MPs **cannot exceed** whatever pay rise public servants get — keeping politicians' pay rises tied to the public sector\n- MPs can choose to have part of their salary paid as superannuation contributions instead (called \"salary sacrifice\")\n\n**Repayment rules:**\n- If an MP leaves parliament partway through a period for which they've been paid an advance allowance, they must **repay the overpaid portion**\n- Interest kicks in if repayment is overdue (at the Reserve Bank cash rate plus 0.5%)\n\n**Transparency:**\n- All determinations and the reasons for them must be **tabled in Parliament and published online**\n- The Clerk of Parliament must maintain a public **Members' Remuneration Handbook** showing current entitlements\n- The Tribunal must produce an annual report tabled in Parliament\n\n**Legal finality:**\n- Tribunal decisions cannot be challenged in court **except** where there is a \"jurisdictional error\" (a legal term meaning the Tribunal acted outside its lawful authority, such as ignoring a mandatory rule)\n\n### Why does it matter?\nBefore this Act, politicians' pay could be set in ways that created public concern about self-interest. This law creates a transparent, arms-length process — similar to how courts set judicial pay independently. The Act was also partly designed to **wind back a 2013 pay rise** that was seen as inappropriate, and to tie future increases to what ordinary public servants receive."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.65(1) and sec.65(2)","severity":"high","reasoning":"Legal nullification ab initio (retroactive voidness) is logically incompatible with preserving acts done in reliance on the voided instrument. If the notice never had legal effect, there is no legal basis on which anything could have been 'done under the notice'. The two subsections are mutually exclusive in their logic.","confidence":0.92,"description":"The Parliamentary Members' Salary Notice (No. 1) 2013 is declared to have 'no effect and is taken never to have had effect', yet subsection (2) immediately preserves the legal validity of 'anything done under the notice before 9 August 2013'. The Act simultaneously declares the notice legally void ab initio and legally operative. A notice that 'never had effect' cannot legally ground actions done under it."},{"type":"circular_definition","section":"sec.16(2)","severity":"medium","reasoning":"The disclosure obligation in s.16(1) is triggered by a 'change in criminal history', and s.16(2) is expressed as the information required to disclose 'a conviction for an offence in the tribunal member's criminal history'. However, the information required includes 'whether or not a conviction was recorded', which presupposes the possibility of no conviction being recorded - in which case there would be no 'conviction' triggering the disclosure in the first place. The requirement is either redundant or internally incoherent.","confidence":0.72,"description":"Section 16(2) requires that when disclosing a conviction, the member must include 'whether or not a conviction was recorded'. This is internally circular: the obligation is triggered specifically by disclosure of 'a conviction' in the member's criminal history, yet one of the mandatory disclosure items is whether or not a conviction was recorded. If there is a conviction to disclose, it has necessarily been recorded; if it was not recorded it would not appear as a conviction in the criminal history."},{"type":"self_contradicting","section":"sec.9(1) and sec.13(1)(b)","severity":"medium","reasoning":"The independence guarantee in s.9 is undermined by s.13(1)(b), which gives the Governor in Council (an executive body) discretion over tribunal member remuneration. A body whose members' pay is determined by the executive it is meant to operate independently from cannot be fully insulated from direction or control. This is a structural, if common, tension, but it is a genuine logical conflict within the Act's own framework.","confidence":0.78,"description":"The tribunal is declared fully independent and 'not subject to direction or control by any entity, including any Minister' (s.9), yet tribunal members' remuneration is 'decided by the Governor in Council' (s.13(1)(b)). Executive control over the remuneration of tribunal members who are charged with independently deciding parliamentary remuneration creates a structural conflict with the independence mandate."},{"type":"other","section":"sec.31A(1) and sec.31A(2)","severity":"low","reasoning":"Sections 31A(3)-(4) are framed entirely around increases. If a public service salary decision reduces or freezes salaries, s.31A(2) still requires a determination within 90 days, but ss.(3)-(4) provide no guidance on how to handle reductions, creating an operational gap and potential for arbitrary application.","confidence":0.65,"description":"Section 31A(1) states the tribunal 'may not' make a salary entitlement determination 'unless a public service salary decision is made', yet s.31A(2) imposes a mandatory obligation ('must') to make such a determination 'within 90 days' after such a decision. These provisions work together, but if a public service salary decision involves a salary reduction or freeze rather than an increase, ss.(3) and (4) only address increases, creating a gap where the tribunal is compelled to make a determination (s.31A(2)) but has no operative rules for decreases."},{"type":"other","section":"sec.22(6) and sec.23(1)","severity":"low","reasoning":"While not strictly a contradiction, the combination of a 3-member tribunal with a 3-member quorum requirement for determinations makes the out-of-meeting procedure in s.22(6) functionally equivalent to requiring a full meeting of all members. This is not an impossibility but reduces the utility of s.22(6) to near-zero for the most important decisions.","confidence":0.68,"description":"Section 22(6) permits determinations to be made outside of a tribunal meeting provided notice is given and a quorum as required by s.23 is met. Section 23(1) sets the quorum for making a determination at all 3 tribunal members. Given the tribunal has exactly 3 members (s.10), requiring all 3 for a quorum means any single member's absence prevents any determination, eliminating the practical benefit of the flexible out-of-meeting procedure."},{"type":"other","section":"sec.39(2)","severity":"medium","reasoning":"The practical effect of s.39(2) is to categorically exclude the governing party from being a 'recognised political party' for purposes of this Act. This creates an asymmetry where only opposition and minor parties qualify, which may be intentional but is logically anomalous given the ordinary meaning of 'recognised political party' and the inclusion of government roles elsewhere in s.42.","confidence":0.82,"description":"Section 39(2) provides that a political party is not a recognised political party if an Assembly member who is a party member is also a Minister. This means a party in government - whose members will by definition include Ministers - can never be a 'recognised political party' under this Act. The consequence is that the leader of the governing party in the Assembly would not qualify for additional salary under s.42 as 'leader in the Assembly of a recognised political party', even though opposition leaders would so qualify."},{"type":"retroactive_impossibility","section":"sec.32(2)","severity":"medium","reasoning":"While retrospective legislation is legally permitted in Queensland, the combination of s.32(2) (retrospective determinations), s.67 (first determination backdated to 1 July 2013), and s.68 (recovery of resulting overpayments) means members could receive less remuneration than they were entitled to under existing arrangements during a period when no determination had yet been made, with the shortfall or excess recoverable. Members could not have known in advance what remuneration would be set, making compliance with or planning around the regime impossible during the transitional period.","confidence":0.74,"description":"Section 32(2) allows a determination to 'have effect on a day before it is made'. Combined with s.68 which allows recovery of overpayments resulting from retrospective application of the first determination, this creates a regime where members can be required to repay remuneration they received in good faith under then-applicable rules. The Act authorises retrospective adverse financial consequences on sitting members."},{"type":"impossible_compliance","section":"sec.17(3) and sec.17(4)","severity":"medium","reasoning":"If two of three members have conflicts of interest and must absent themselves under s.17, the remaining single member cannot form a quorum of 2 (for general matters) or 3 (for determinations) regardless of s.17(4)'s reduced quorum provision. The Act provides no mechanism to resolve this deadlock, creating a scenario where the tribunal cannot function.","confidence":0.8,"description":"Section 17(3) requires a conflicted tribunal member to refrain from participating in a matter 'without the consent of the other members'. Section 17(4) then creates a reduced quorum for situations where a member is absent due to s.17. However, if both remaining members consent under s.17(3) to the conflicted member participating, s.17(4) is redundant. Conversely, if the consent mechanism fails (e.g. one remaining member also has a conflict or refuses consent), the Act provides no mechanism for proceeding at all, since the tribunal must have 3 members (s.10) and requires all 3 for a determination quorum (s.23(1))."},{"type":"other","section":"sec.59","severity":"low","reasoning":"The provision is absolute - it does not distinguish between amounts undrawn due to the member's choice and amounts not drawn due to administrative error, systems failure, or circumstances beyond the member's control. This creates an unjust result and may conflict with the entitlement provisions in Part 4.","confidence":0.62,"description":"Section 59 provides that undrawn amounts payable to a member revert to treasury if not drawn within 7 days after 1 July each year, and that 'the member is no longer entitled to payment'. This could apply to salary that was owed but administratively unpaid through no fault of the member, effectively penalising members for administrative failures outside their control."}],"contradictions":[{"severity":"high","section_a":"sec.65(1)","section_b":"sec.65(2)","confidence":0.93,"description":"Section 65(1) declares the Parliamentary Members' Salary Notice (No. 1) 2013 to have 'no effect and is taken never to have had effect' (void ab initio), while s.65(2) expressly preserves the validity of 'anything done under the notice before 9 August 2013'. A legal instrument that never had effect cannot ground legally valid acts done 'under' it."},{"severity":"medium","section_a":"sec.9(1)(b)","section_b":"sec.13(1)(b)","confidence":0.75,"description":"Section 9(1)(b) declares the tribunal 'is not subject to direction or control by any entity, including any Minister', while s.13(1)(b) provides tribunal members' remuneration is 'decided by the Governor in Council'. Executive control over member remuneration is a form of direction or control inconsistent with the independence guarantee."},{"severity":"low","section_a":"sec.31(2)","section_b":"sec.31(3)","confidence":0.6,"description":"Section 31(2) requires each subsequent remuneration determination to be made within 1 year of the previous one, suggesting a general annual cycle. Section 31(3) disapplies this requirement for salary entitlement determinations. Combined with s.31A (which separately governs salary entitlement determinations triggered by public service salary decisions), the Act creates two parallel but potentially conflicting timing regimes for different categories of remuneration determination, with no clear rule for which prevails if they conflict."},{"severity":"medium","section_a":"sec.23(1)","section_b":"sec.17(4)","confidence":0.78,"description":"Section 23(1) requires a quorum of all 3 tribunal members for making a determination. Section 17(4) purports to allow the 'remaining members present' to constitute a quorum when a member is absent due to a conflict of interest. If only 1 member is conflict-free and present, s.17(4) would allow 1 member to constitute a quorum, directly contradicting the 3-member quorum in s.23(1), despite s.17(6) stating s.17(4) applies 'despite s.23'."},{"severity":"low","section_a":"sec.32(2)","section_b":"sec.67","confidence":0.58,"description":"Section 32(2) is a general provision allowing any determination to have retrospective effect. Section 67 is a specific provision stating that 'despite section 32' the first determination has effect on 1 July 2013. The use of 'despite section 32' in s.67 implies s.67 overrides s.32 for the first determination, yet s.32(2) would itself authorise the same retrospective effect. The override language creates confusion about whether s.67 is restrictive of s.32(2) (limiting retrospectivity to 1 July 2013) or merely confirmatory."},{"severity":"low","section_a":"sec.39(1)(b)(i)","section_b":"sec.39(3)","confidence":0.63,"description":"Section 39(1)(b)(i) requires that at least 3 Assembly members 'were party members at the most recent election at which the party member was elected'. Section 39(3) provides a party stops being recognised if current membership falls below 90% of membership at 'the most recent general election'. These provisions use inconsistent reference points ('most recent election at which the party member was elected' vs 'most recent general election'), which could produce different outcomes for parties whose members were elected at different elections including by-elections."},{"severity":"medium","section_a":"sec.66(1)","section_b":"sec.67","confidence":0.82,"description":"Section 66 provides that for the period from 9 August 2013 to the making of the first determination, members are entitled to remuneration at 30 June 2013 rates. Section 67 provides the first determination has effect from 1 July 2013. This creates a gap from 1 July 2013 to 9 August 2013 (the commencement of the Act) during which neither s.66 (which starts on 9 August 2013) nor the first determination (which had not yet been made) would appear to apply, notwithstanding that s.64 addresses the period up to 30 June 2013."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-independent-remuneration-tribunal-act-2013","history":"/api/acts/queensland-independent-remuneration-tribunal-act-2013/history","analysis":"/api/acts/queensland-independent-remuneration-tribunal-act-2013/analysis","conflicts":"/api/acts/queensland-independent-remuneration-tribunal-act-2013/conflicts","importantCases":"/api/acts/queensland-independent-remuneration-tribunal-act-2013/important-cases","documents":"/api/acts/queensland-independent-remuneration-tribunal-act-2013/documents"}}