{"id":"C2011A00075","name":"Remuneration and Other Legislation Amendment Act 2011","slug":"remuneration-and-other-legislation-amendment-act-2011","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"75 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8230,"registerId":"commonwealth-C2011A00075-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Remuneration and Other Legislation Amendment Act 2011","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nRemuneration and Other Legislation Amendment Act 2011\n\n \n\nNo. 75, 2011\n\n \n\n \n\n \n\n \n\n \n\nAn Act to amend the law relating to the remuneration of certain Australian Public Service offices and of Members of Parliament, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Australian Public Service offices\n\nPart 1—Main amendments\n\nRemuneration Tribunal Act 1973\n\nPart 2—Related amendments\n\nPublic Service Act 1999\n\nRemuneration Tribunal Act 1973\n\nPart 3—Transitional\n\nSchedule 2—Members of Parliament\n\nParliamentary Contributory Superannuation Act 1948\n\nParliamentary Superannuation Act 2004\n\nRemuneration and Allowances Act 1990\n\nRemuneration Tribunal Act 1973\n\n \n\n![](image.001.png)\n\n \n\n \n\nRemuneration and Other Legislation Amendment Act 2011\n\nNo. 75, 2011\n\n \n\n \n\n \n\nAn Act to amend the law relating to the remuneration of certain Australian Public Service offices and of Members of Parliament, and for related purposes\n\n[Assented to 25 July 2011]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Remuneration and Other Legislation Amendment Act 2011.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 25 July 2011\n- 2. Schedule 1 A single day to be fixed by Proclamation.However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 5 August 2011(see F2011L01603)\n- 3. Schedule 2 A single day to be fixed by Proclamation.However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 5 August 2011(see F2011L01603)\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.  \n\n\nSchedule 1—Australian Public Service offices\n\nPart 1—Main amendments\n\nRemuneration Tribunal Act 1973\n\n1  Subsection 3(1)\n\nInsert:\n\nDepartmental Secretary means a Secretary of a Department appointed under the Public Service Act 1999.\n\n2  Subsection 3(1)\n\nInsert:\n\nPublic Service Commissioner means the Public Service Commissioner appointed under the Public Service Act 1999.\n\n3  Paragraph 3(4)(k)\n\nRepeal the paragraph, substitute:\n\n (k) an office of Departmental Secretary;\n\n4  Subsection 5(2B)\n\nRepeal the subsection, substitute:\n\n (2B) An additional function of the Tribunal is:\n\n (a) to inquire into, and determine, matters referred to in Division 4; and\n\n (b) in connection with determinations made under that Division, to perform such other functions and exercise such other powers as are conferred on the Tribunal by that Division.\n\n5  Subsection 7(7)\n\nAfter “ACT office”, insert “or that is made under Division 4”.\n\n6  At the end of Part II\n\nAdd:\n\nDivision 4—Remuneration etc. for Departmental Secretaries\n\n13  Determination of classification structure etc.\n\n (1) The Tribunal must determine a classification structure for offices of Departmental Secretary.\n\n (2) The Tribunal may also determine any matter that is, or is considered by it to be, significantly related to the classification structure determined under subsection (1).\n\n (3) The Tribunal must, from time to time, determine the classification to which each office of Departmental Secretary is assigned.\n\n (4) The Tribunal may hold inquiries for the purpose of performing its functions under subsections (1), (2) and (3).\n\n (5) The Secretary of the Department that is administered by the Prime Minister may, from time to time after the Tribunal has made its first determination under subsection (3), make recommendations to the Tribunal about matters relating to the assignment of a particular office of Departmental Secretary to a particular classification.\n\n14  Amount of remuneration\n\nRemuneration for certain Secretaries\n\n (1) The Tribunal must, from time to time, determine the amount of remuneration that is to be paid to:\n\n (a) the Secretary of the Department that is administered by the Prime Minister; and\n\n (b) the Secretary of the Department that is administered by the Treasurer.\n\n (2) The amount of remuneration determined under subsection (1) must be consistent with the classification structure determined by the Tribunal under section 13.\n\nNote: Determinations made by the Tribunal under subsection (1) must be published in accordance with section 16.\n\nRemuneration for other Secretaries\n\n (3) The Secretary of the Department that is administered by the Prime Minister, in consultation with the President of the Tribunal and the Public Service Commissioner, must, from time to time, assign each Departmental Secretary (other than a Departmental Secretary referred to in subsection (1)) to an amount of remuneration.\n\n (4) The amount of remuneration to which a Departmental Secretary is assigned under subsection (3) must be consistent with the classification structure determined by the Tribunal under section 13.\n\n (5) An assignment made under subsection (3):\n\n (a) must be in writing; and\n\n (b) comes into operation on the date specified in the instrument of assignment.\n\n (6) The Secretary of the Department that is administered by the Prime Minister must give the Minister a copy of each instrument of assignment made under subsection (3).\n\n (7) For the purposes of subsection 5(3AB) of the Superannuation Act 1976, an assignment under subsection (3) of this section of a Departmental Secretary to an amount of remuneration is taken to be a determination made under the Remuneration Tribunal Act 1973 in respect of the remuneration of the Departmental Secretary.\n\n15  Determination of other terms and conditions\n\n  The Tribunal must, from time to time, inquire into, and determine, the terms and conditions (other than remuneration) that are to apply to the offices of Departmental Secretary.\n\n16  Publication of determinations made by the Tribunal under this Division\n\n  The Tribunal must ensure that a determination made by the Tribunal under this Division is published in the Gazette, and on the Tribunal’s website, within 14 days after it is made.\n\nNote 1: A determination made by the Tribunal under this Division must be in writing and comes into operation on the date specified in the determination: see subsection 7(5).\n\nNote 2: The Tribunal must give the Minister a copy of each determination made by the Tribunal under this Division: see subsection 7(6).\n\n\n\n\nPart 2—Related amendments\n\nPublic Service Act 1999\n\n7  Section 46\n\nRepeal the section, substitute:\n\n46  Remuneration and other terms and conditions of appointment\n\nRemuneration and allowances\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.\n\n (2) The Commissioner is to be paid the allowances that are prescribed by the regulations.\n\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\nLeave of absence\n\n (4) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n (5) The Agency Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Agency Minister determines.\n\nOther terms and conditions\n\n (6) The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Agency Minister.\n\n8  Section 53\n\nRepeal the section, substitute:\n\n53  Remuneration and other terms and conditions of appointment\n\nRemuneration and allowances\n\n (1) The Merit Protection Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Merit Protection Commissioner is to be paid the remuneration that is prescribed by the regulations.\n\n (2) The Merit Protection Commissioner is to be paid the allowances that are prescribed by the regulations.\n\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\nLeave of absence\n\n (4) The Merit Protection Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n (5) The Public Service Minister may grant the Merit Protection Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Public Service Minister determines.\n\nOther terms and conditions\n\n (6) The Merit Protection Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Public Service Minister.\n\n9  Section 61\n\nRepeal the section, substitute:\n\n61  Remuneration and other terms and conditions of appointment\n\nRemuneration and allowances\n\n (1) The remuneration of a Secretary is as provided by Division 4 of Part II of the Remuneration Tribunal Act 1973.\n\nOther terms and conditions\n\n (2) The other terms and conditions applying to the appointment of a Secretary are as determined by the Remuneration Tribunal under Division 4 of Part II of the Remuneration Tribunal Act 1973.\n\n10  Section 68\n\nRepeal the section, substitute:\n\n68  Remuneration and other terms and conditions of appointment\n\nRemuneration and allowances\n\n (1) The Head of an Executive Agency is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Head of the Executive Agency is to be paid the remuneration that is prescribed by the regulations.\n\n (2) The Head of an Executive Agency is to be paid the allowances that are prescribed by the regulations.\n\n (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.\n\nLeave of absence\n\n (4) The Head of an Executive Agency has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n\n (5) The Agency Minister may grant the Head of an Executive Agency leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Agency Minister determines.\n\nOther terms and conditions\n\n (6) The Head of an Executive Agency holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Agency Minister.\n\nRemuneration Tribunal Act 1973\n\n11  Section 13\n\nRenumber as section 17.\n\n\n\n\nPart 3—Transitional\n\n12  Continuation of existing remuneration determination for Public Service Commissioner\n\n(1) This item applies to a determination (the existing determination) that was in operation in relation to the Public Service Commissioner under section 46 of the Public Service Act 1999 immediately before the commencement of the repeals and amendments made by this Schedule.\n\n(2) Despite those repeals and amendments, the existing determination continues in operation until such time as a determination of the Remuneration Tribunal, made in accordance with the Remuneration Tribunal Act 1973 (as amended by this Schedule), relating to the remuneration that is to be paid to the Public Service Commissioner comes into operation in substitution for the existing determination.\n\n13  Continuation of existing remuneration determination for Merit Protection Commissioner\n\n(1) This item applies to a determination (the existing determination) that was in operation in relation to the Merit Protection Commissioner under section 53 of the Public Service Act 1999 immediately before the commencement of the repeals and amendments made by this Schedule.\n\n(2) Despite those repeals and amendments, the existing determination continues in operation until such time as a determination of the Remuneration Tribunal, made in accordance with the Remuneration Tribunal Act 1973 (as amended by this Schedule), relating to the remuneration that is to be paid to the Merit Protection Commissioner comes into operation in substitution for the existing determination.\n\n14  Continuation of existing remuneration determination for Departmental Secretaries\n\n(1) This item applies to a determination (the existing determination) that was in operation in relation to a Departmental Secretary under section 61 of the Public Service Act 1999 immediately before the commencement of the repeals and amendments made by this Schedule.\n\n(2) Despite those repeals and amendments, the existing determination continues in operation until such time as:\n\n (a) in the case of a Departmental Secretary to whom subitem (3) applies—determinations made under sections 14 and 15 of the Remuneration Tribunal Act 1973 (as inserted by this Schedule) in relation to that Departmental Secretary come into operation in substitution for the existing determination; and\n\n (b) in the case of any other Departmental Secretary—the following instruments come into operation in substitution for the existing determination:\n\n (i) an assignment made under subsection 14(3) of the Remuneration Tribunal Act 1973 (as inserted by this Schedule) in relation to that Departmental Secretary;\n\n (ii) a determination made under section 15 of the Remuneration Tribunal Act 1973 (as inserted by this Schedule) in relation to that Departmental Secretary.\n\n(3) This subitem applies to the following Departmental Secretaries:\n\n (a) the Secretary of the Department that is administered by the Prime Minister;\n\n (b) the Secretary of the Department that is administered by the Treasurer.\n\n15  Continuation of existing remuneration determinations for Heads of Executive Agencies\n\n(1) This item applies to a determination (the existing determination) that was in operation in relation to the Head of an Executive Agency under section 68 of the Public Service Act 1999 immediately before the commencement of the repeals and amendments made by this Schedule.\n\n(2) Despite those repeals and amendments, the existing determination continues in operation until such time as a determination of the Remuneration Tribunal, made in accordance with the Remuneration Tribunal Act 1973 (as amended by this Schedule), relating to the remuneration that is to be paid to the Head of the Executive Agency comes into operation in substitution for the existing determination.\n\n16  Regulations under the Remuneration Tribunal Act 1973\n\n(1) This item applies to regulations if:\n\n (a) the regulations were made under former section 13 of the Remuneration Tribunal Act 1973; and\n\n (b) the regulations were in force immediately before the commencement of this Schedule.\n\n(2) The regulations continue to have effect, after the commencement of this Schedule, under section 17 of that Act (as renumbered by this Schedule).\n\n\n\n\nSchedule 2—Members of Parliament\n\n \n\nParliamentary Contributory Superannuation Act 1948\n\n1  Subsection 4(1) (paragraph (c) of the definition of parliamentary allowance)\n\nRepeal the paragraph, substitute:\n\n (c) an allowance by way of salary under clause 1 of Schedule 3 to the Remuneration and Allowances Act 1990:\n\n (i) as in force before the commencement of Schedule 2 (the amending Schedule) to the Remuneration and Other Legislation Amendment Act 2011; or\n\n (ii) as continued in force by item 21 of the amending Schedule; or\n\n (d) parliamentary base salary (within the meaning of the Remuneration Tribunal Act 1973), less any portion determined under subsection 7(1A) of that Act.\n\n2  Subsection 18(12)\n\nRepeal the subsection, substitute:\n\n (12) For the purpose of references in this section to the rate of parliamentary allowance for the time being payable to a member, any reductions under Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990 (about salary sacrifice) of a particular member’s entitlement to parliamentary allowance are to be disregarded.\n\n3  Subsection 21B(3B)\n\nRepeal the subsection, substitute:\n\n (3B) For the purpose of the reference in the formula in subsection (3A) to the annual rate of parliamentary allowance, any reductions under Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990 (about salary sacrifice) of a particular member’s entitlement to parliamentary allowance are to be disregarded.\n\n4  Subsection 22T(1A)\n\nRepeal the subsection, substitute:\n\n (1A) For the purpose of paragraph (1)(a), any reductions under Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990 (about salary sacrifice) of a particular member’s entitlement to parliamentary allowance are to be disregarded.\n\n5  Subclause 4(3) of Schedule 1\n\nRepeal the subclause, substitute:\n\n (3) For the purpose of the reference in subclause (2) to the rate of parliamentary allowance for the time being payable to a member, any reductions under Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990 (about salary sacrifice) of a particular member’s entitlement to parliamentary allowance are to be disregarded.\n\nParliamentary Superannuation Act 2004\n\n6  Section 3 (definition of parliamentary allowance)\n\nRepeal the definition, substitute:\n\nparliamentary allowance means:\n\n (a) an allowance by way of salary under clause 1 of Schedule 3 to the Remuneration and Allowances Act 1990:\n\n (i) as in force before the commencement of Schedule 2 (the amending Schedule) to the Remuneration and Other Legislation Amendment Act 2011; or\n\n (ii) as continued in force by item 21 of the amending Schedule; or\n\n (b) parliamentary base salary (within the meaning of the Remuneration Tribunal Act 1973).\n\n7  Subsection 8(3)\n\nRepeal the subsection, substitute:\n\n (3) For the purpose of paragraph (2)(a), any reduction under Part 1 of Schedule 3 to the Remuneration and Allowances Act 1990 (about salary sacrifice) of the member’s entitlement to parliamentary allowance is to be disregarded.\n\nRemuneration and Allowances Act 1990\n\n8  Subsection 3(2)\n\nOmit “(other than clause 1 of Schedule 3)”.\n\n9  Section 6\n\nRepeal the section, substitute:\n\n6  Senators and Members of the House of Representatives\n\n  Schedule 3 has effect.\n\n10  Part 1 of Schedule 3 (heading)\n\nRepeal the heading, substitute:\n\nPart 1—Salary sacrifice\n\n11  Division 1 of Part 1 of Schedule 3\n\nRepeal the Division.\n\n12  Division 2 of Part 1 of Schedule 3 (heading)\n\nRepeal the heading.\n\n13  Clause 1A of Schedule 3\n\nOmit “this Division”, substitute “this Part”.\n\n14  Clause 1A of Schedule 3 (definition of parliamentary allowance)\n\nRepeal the definition, substitute:\n\nparliamentary allowance means parliamentary base salary (within the meaning of the Remuneration Tribunal Act 1973).\n\n15  Subclause 1B(1) of Schedule 3\n\nOmit “this Division”, substitute “this Part”.\n\n16  Paragraph 1F(a) of Schedule 3\n\nOmit “this Division”, substitute “this Part”.\n\nRemuneration Tribunal Act 1973\n\n16A  Subsection 3(1)\n\nInsert:\n\nparliamentary base salary means so much of the allowances determined under subsection 7(1) as:\n\n (a) represents the annual allowance payable for the purposes of section 48 of the Constitution; and\n\n (b) is identified in the determination as base salary.\n\n17  Subsection 5(2C)\n\nRepeal the subsection.\n\n17A  After subsection 7(1)\n\nInsert:\n\n (1A) The Tribunal may determine that a portion of parliamentary base salary is not parliamentary allowance for the purposes of the Parliamentary Contributory Superannuation Act 1948.\n\n18  Subsection 7(7)\n\nAfter “other than a determination”, insert “that is referred to in subsection (8AA) or”.\n\n19  After subsection 7(8)\n\nInsert:\n\n (8AA) Each of the following determinations is a legislative instrument, but neither subsection (8) of this section, nor section 42 (disallowance) of the Legislative Instruments Act 2003, applies to the determination:\n\n (a) a determination under subsection (1), (1A) or (2) of this section;\n\n (b) a determination under subsection (4) of this section on a matter that is, or is considered by the Tribunal or the Minister to be, significantly related to a matter referred to in subsection (1) or (2) of this section.\n\n20  After section 7\n\nInsert:\n\n7A  Reasons for determinations about members of parliament\n\n  The Tribunal must ensure that its reasons for each of the following determinations are published on its website and notified to the Minister:\n\n (a) a determination under subsection 7(1), (1A) or (2);\n\n (b) a determination under subsection 7(4) on a matter that is, or is considered by the Tribunal or the Minister to be, significantly related to a matter referred to in subsection 7(1) or (2).\n\n21  Transitional—temporary saving of old law allowances\n\n(1) This item applies to the following provisions as in force immediately before the commencement of this Schedule:\n\n (a) clause 1 of Schedule 3 to the Remuneration and Allowances Act 1990;\n\n (b) regulations made for the purposes of paragraph 1(2)(b) of that Schedule;\n\n (c) the definition of parliamentary allowance in clause 1A of that Schedule;\n\n (d) subsection 5(2C) of the Remuneration Tribunal Act 1973.\n\n(2) Despite the repeals and amendments made by this Schedule, those provisions continue in force until the coming into force of the first determination:\n\n (a) that is made under subsection 7(1) of the Remuneration Tribunal Act 1973 at or after the commencement of this Schedule; and\n\n (b) that determines the annual allowance payable for the purposes of section 48 of the Constitution.\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 24 March 2011\n\nSenate on 25 March 2011]\n\n(62/11)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The amendments remain within the Act’s stated subject matter: modifying how remuneration and related terms are set for senior Australian Public Service offices and Members of Parliament. The changes reallocate decision-making power to the Remuneration Tribunal, change definitions used in parliamentary superannuation calculations, and add publication and transitional arrangements, but they do not extend the legislation beyond its original purpose of altering remuneration law for the specified offices and MPs."},"complexity_factors":["Amendments span multiple core Acts (Remuneration Tribunal Act 1973; Public Service Act 1999; Remuneration and Allowances Act 1990; Parliamentary Contributory Superannuation Act 1948; Parliamentary Superannuation Act 2004).","Introduces a new Division (Division 4) with multiple subsections (sections 13–16) creating classification and assignment mechanics for Departmental Secretaries.","Cross-references between Tribunal determinations, Public Service Act appointments, and Superannuation Act provisions (numerous interdependent links).","Adds and redefines several legal terms (e.g. Departmental Secretary, Public Service Commissioner, parliamentary base salary) that affect multiple provisions.","Creates exceptions to normal parliamentary oversight: certain Tribunal determinations are legislative instruments but expressly not subject to disallowance (inserted subsection 7(8AA)).","Transitional and saving provisions preserving existing determinations until Tribunal instruments come into force (multiple items 12–16 and Schedule 2 item 21) increase implementation complexity.","Publication and procedural obligations (e.g. determinations to be published in Gazette and online within 14 days; reasons for certain MP-related determinations published) add process requirements.","Renumbering of existing provisions (e.g. section 13 renumbered to 17) and deletion/substitution of many subsections increases cross-reference checking burdens.","Conditional commencements by proclamation with six-month fallback creates timing uncertainty for implementation."],"plain_english_summary":"**What this law does, in plain English**\n\n- **Centralises pay decisions for senior public servants in the Remuneration Tribunal.** The Act gives the Remuneration Tribunal explicit power to create a classification structure for Departmental Secretaries (the chiefs of Commonwealth departments) and to determine the remuneration and other terms and conditions that apply to those offices (see new Division 4 of Part II of the Remuneration Tribunal Act 1973: sections 13–16). The Tribunal must publish its determinations in the Gazette and on its website within 14 days (section 16).\n\n- **Moves specified senior APS pay-setting into the Tribunal’s control.** The Act makes the Tribunal the source of pay, allowances and (for some leave entitlements) terms for particular statutory office-holders: the Public Service Commissioner, the Merit Protection Commissioner, Departmental Secretaries and Heads of Executive Agencies. Where a Tribunal determination is not yet in force, existing regulations or existing determinations continue temporarily (amendments to the Public Service Act 1999: sections 46, 53, 61 and 68; transitional items 12–15).\n\n- **Changes how parliamentary salary and related superannuation items are defined and handled.** The Act redefines \"parliamentary allowance\" and introduces the term \"parliamentary base salary\" (Remuneration Tribunal Act amendments). It places responsibility on the Remuneration Tribunal to determine the annual allowance that counts for constitutional and superannuation purposes, requires publication of reasons for certain Tribunal determinations about members of Parliament, and makes particular Tribunal determinations legislative instruments while excluding them from parliamentary disallowance (items 16A, 17A, 18–20).\n\n- **Makes salary-sacrifice reductions irrelevant for some superannuation calculations.** For the statutory formulas that convert members’ parliamentary allowances into superannuation entitlements, any reductions in a member’s parliamentary allowance caused by salary sacrifice are to be ignored (amendments across the Parliamentary Contributory Superannuation Act 1948, Parliamentary Superannuation Act 2004 and Remuneration and Allowances Act 1990: Schedule 2 items 1–7 and 21). A transitional saving keeps pre-existing allowance arrangements in force until the Tribunal issues the first relevant determination (Schedule 2, item 21).\n\n**Who this affects**\n\n- Departmental Secretaries (heads of Commonwealth departments) and Heads of Executive Agencies — their classification, pay and many terms will be set under the Tribunal regime (see Division 4 additions and Public Service Act amendments).\n- Public Service Commissioner and Merit Protection Commissioner — their remuneration and certain leave entitlements are explicitly tied to Tribunal determinations (Public Service Act amendments).\n- Members of Parliament — definitions of \"parliamentary allowance\" and \"parliamentary base salary\" change how salary and superannuation references are calculated; salary-sacrifice reductions are disregarded for superannuation formulas (Schedule 2).\n- The Remuneration Tribunal — gains clearer statutory functions and publication duties for senior APS officers and particular responsibilities over parliamentary base salary determinations.\n- The Commonwealth budget/taxpayer — any change in pay or superannuation calculations affects the Government’s wage and superannuation bill.\n\n**How it works mechanically (decision rules and flows)**\n\n- The Tribunal must determine a classification structure for Departmental Secretary roles and assign classifications (new section 13). It directly determines remuneration for the Secretary to the Prime Minister’s Department and the Secretary to the Treasury (section 14(1)–(2)). For other Departmental Secretaries, the Secretary of the Department administered by the Prime Minister assigns the Secretary to an amount of remuneration in consultation with the Tribunal President and the Public Service Commissioner (section 14(3)–(6)).\n\n- For statutory office-holders previously covered in the Public Service Act, the Act replaces ministerial/regulation-based pay rules with Tribunal-based rules (sections 46, 53, 61, 68 replacements). Existing determinations and regulations continue until Tribunal determinations replace them (transitional items 12–15 and 16).\n\n- For members of Parliament, the Tribunal’s determination of the annual allowance used for constitutional/superannuation purposes is the operative figure; salary-sacrificed amounts are ignored when calculating super entitlements (Schedule 2, item 21 and related amendments).\n\n**Official purpose claims and a brief test against trade-offs and incentives**\n\n- Claimed purpose (as stated in materials accompanying the amendments): to put senior public service remuneration and certain parliamentary pay bases under the Remuneration Tribunal to promote consistency, transparency and independent determination.\n\n- Cost and who pays: any increase (or reclassification) of remuneration or change that increases superannuation-related payments is paid from public funds. The taxpayer bears net cost changes; individuals (office-holders) may gain more predictable or increased pay.\n\n- Changes to decision-making and oversight: pay-setting power shifts from ministers/regulations to an independent Tribunal (reducing direct ministerial discretion). However, the Act also designates some Tribunal determinations as legislative instruments but removes the normal parliamentary disallowance right for those determinations (see inserted subsection 7(8AA)), which reduces a specific parliamentary oversight mechanism.\n\n- Administrative and compliance consequences: the Tribunal gains new statutory duties (classification, assignment, publishing reasons and publishing determinations within set timeframes). The Prime Minister’s Department must prepare written assignments for some Secretaries and provide copies to the Minister. Transitional arrangements require coordination to replace existing determinations with Tribunal instruments.\n\n- Incentives and fiscal effects for MPs: by disregarding salary-sacrifice reductions for superannuation calculations, members who use salary sacrifice still have superannuation-related calculations based on the full base salary — this increases the superannuation base and therefore the government’s superannuation liability relative to a treatment that counted the reduced (post-sacrifice) salary. The Tribunal can also identify portions of base salary that are not \"parliamentary allowance\" for superannuation purposes, which allows re-labelling to alter super outcomes.\n\n- Implementation risks and substitution effects: the Tribunal must make new determinations and publish them; until then, transitional savings keep old arrangements in force. There is a risk of timing gaps or temporary uncertainty if the Tribunal delays first determinations. Concentrated beneficiaries (high-level secretaries and MPs) receive direct effects, while costs are broadly distributed.\n\n**Key provisions to note (by topic and section)**\n\n- Remuneration Tribunal powers for Departmental Secretaries: Remuneration Tribunal Act additions (new Division 4; sections 13–16).\n- Public Service Act consequences: replaced sections on remuneration and conditions for Commissioners, Secretaries and Heads of Executive Agencies (Public Service Act amendments: sections 46, 53, 61 and 68 replacements).\n- Parliamentary pay and superannuation: definition of parliamentary base salary, publication of Tribunal reasons, exclusion of disallowance for certain Tribunal determinations, and salary-sacrifice disregard (Schedule 2: items 16A, 17A, 18–21 and various amendments to superannuation Acts).\n- Transitional savings: existing determinations and some regulations continue until replaced by Tribunal determinations (Schedule 1 Part 3 and Schedule 2 item 21).\n\n**Bottom line**: The Act shifts statutory responsibility for setting pay and some terms of the most senior public servants and the base salary used for parliamentary superannuation calculations into the Remuneration Tribunal, formalises publication and assignment processes, and changes the treatment of salary sacrifice in the calculation of MPs’ super entitlements. These changes reallocate decision power, alter oversight mechanics, impose publication duties, and have budgetary implications borne by the Commonwealth."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of reforming remuneration-setting mechanisms for senior public servants and Members of Parliament. While it touches multiple Acts, this is necessary to implement the coherent policy of shifting pay-setting authority to the Remuneration Tribunal. The scope has not expanded beyond remuneration and related conditions."},"complexity_factors":["Multiple amending schedules affecting four different Acts (Remuneration Tribunal Act 1973, Public Service Act 1999, Parliamentary Contributory Superannuation Act 1948, Parliamentary Superannuation Act 2004, and Remuneration and Allowances Act 1990)","Complex transitional provisions with conditional continuations of existing determinations (items 12-16 in Schedule 1, item 21 in Schedule 2)","Nested cross-references between Acts (e.g., new Division 4 of Remuneration Tribunal Act referenced in amended Public Service Act sections)","Differential treatment within the same officer class (Secretaries of PM's Department and Treasury treated differently from other Secretaries)","Legislative instrument status with specific exemptions from disallowance (subsection 7(8AA))","Definition amendments that require reading across multiple documents to understand full effect","Transitional savings provisions that preserve old law temporarily until new determinations take effect"],"plain_english_summary":"This law changes how pay is set for top public servants and federal politicians.\n\n**For Departmental Secretaries (top public servants):**\n- Creates a new system where the Remuneration Tribunal (an independent body that sets pay for senior officials) determines a classification structure for all Departmental Secretaries\n- The Tribunal directly sets the pay for only two Secretaries: the Secretary of the Prime Minister's Department and the Secretary of the Treasury\n- For all other Departmental Secretaries, the Secretary of the Prime Minister's Department assigns their pay level, but must stay within the classification structure set by the Tribunal\n- The Tribunal also sets non-pay conditions (like leave entitlements) for all Secretaries\n- This moves pay-setting power away from the Public Service Commissioner and the government, giving more independence to the Tribunal for the top two positions\n\n**For Members of Parliament:**\n- Shifts responsibility for setting MPs' base salary from the Remuneration and Allowances Act 1990 to the Remuneration Tribunal Act 1973\n- Updates multiple superannuation (retirement benefit) laws to recognise this change\n- Ensures that when MPs salary sacrifice (give up salary for other benefits), their superannuation calculations still use their full salary, not the reduced amount\n- Requires the Tribunal to publish reasons for its decisions on MP pay\n- Makes clear that determinations about MP base salary are legislative instruments (official legal documents) but cannot be disallowed by Parliament\n\n**Why it matters:**\nThis creates a more independent, transparent system for setting pay at the top of the public service and for politicians themselves. It reduces direct political control over public service pay while ensuring consistency through a classification framework. For MPs, it consolidates pay-setting authority in the independent Tribunal rather than in legislation."}},"importantCases":[],"_links":{"self":"/api/acts/remuneration-and-other-legislation-amendment-act-2011","history":"/api/acts/remuneration-and-other-legislation-amendment-act-2011/history","analysis":"/api/acts/remuneration-and-other-legislation-amendment-act-2011/analysis","conflicts":"/api/acts/remuneration-and-other-legislation-amendment-act-2011/conflicts","importantCases":"/api/acts/remuneration-and-other-legislation-amendment-act-2011/important-cases","documents":"/api/acts/remuneration-and-other-legislation-amendment-act-2011/documents"}}