Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 (Northern Territory)

This Act establishes the statutory framework for setting and administering salaries, allowances and other entitlements for members of the Northern Territory Legislative Assembly and a broad set of statutory officers. Mechanically, it does the following.

Creates a Remuneration Tribunal (the Tribunal) with powers to inquire into and determine or make recommendations on entitlements when requested by the Administrator (ss 17, 3A, 4, 7, 8, 15). The Tribunal may be constituted by one, two or three members appointed by the Administrator for five year terms (s 17).
Specifies that Assembly members are entitled to a basic salary and to additional salary for prescribed offices (ss 3, 3A). The Tribunal must determine the amount of basic salary and which offices attract additional salary on the Administrator's request (s 3A(1)).
Gives the Tribunal broad inquiry and determination powers for other entitlements of Assembly members, including staff, office costs, official travel, motor vehicles, and childcare-related entitlements (s 4 and s 4(1B)). The Tribunal cannot inquire into matters prescribed by regulation (s 4(1C)).
Provides transitional rules for former members who were first elected at or after the 2005 general election, and specifies circumstances of disentitlement for some former members (ss 4AA, 4AB).
Allows the Minister to determine an entitlement of an Assembly member where the Tribunal has not made a determination, subject to requirements for Tribunal advice and tabling (s 5).
Applies the Tribunal model to statutory officers in divided ways: Local Court Judges (Division 1), members of local government councils and local authorities (Divisions 1A and 1B), members of statutory bodies (Division 2), and other statutory officers (Division 3). For Local Court Judges the Tribunal must inquire at least annually and make determinations (s 7). For local government and local authorities the Tribunal determines allowances on the Administrator's request, with fixed amounts for local authorities and timing rules about which financial year the allowance applies (ss 7B, 7E).

NORTHERN TERRITORY OF AUSTRALIA ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) ACT 2006 As in force at 3 March 2023 Table of provisions Part 1 Introduction 1 Short title ......................................................................................... 1 2 Definitions ........................................................................................ 1 Part 2 Entitlements of Assembly members 3 Basic salary and additional salary of office ...................................... 2 3A Tribunal's power in relation to salaries............................................. 3 4 Tribunal's powers except for basic salary or additional salary of office ............................................................................................ 3 4AA Tribunal's power in relation to former Assembly member ................ 4 4AB Circumstances of disentitlement ...................................................... 5 4A Report following inquiry ................................................................... 5 5 Minister's power ............................................................................... 5 Part 3 Entitlements of statutory officers Division 1 Local Court Judges 6 Application ....................................................................................... 6 7 Entitlements ..................................................................................... 6 Division 1A Members of local government council 7A Application ....................................................................................... 6 7B Allowances ...................................................................................... 7 Division 1B Members of a local authority 7C Meaning of local authority ................................................................ 8 7D Application ....................................................................................... 8 7E Allowances ...................................................................................... 8 Division 2 Members of statutory bodies 8 Tribunal's power ............................................................................ 10 9 Administrator's power .................................................................... 10 10 Responsible Minister's power ........................................................ 11 10A Decision under section 10 to continue in some circumstances...... 12

Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 ii 11 Special power of Administrator ...................................................... 12 12 Publication ..................................................................................... 13 13 Administrative guidelines ............................................................... 13 Division 3 Other statutory officers 14 Application ..................................................................................... 13 15 Entitlements ................................................................................... 14 16 Administrator's power .................................................................... 14 Part 4 Administration 17 Establishment of Tribunal .............................................................. 15 18 Chairperson of Tribunal ................................................................. 16 19 Tribunal's power to inquire or determine........................................ 16 20 Determinations by Tribunal ............................................................ 16 21 Tabling of determinations .............................................................. 17 22 Conduct of inquiry .......................................................................... 17 23 Assistance ..................................................................................... 17 24 Regulations.................................................................................... 17 Part 5 Repeals and transitional matters for Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 25 Repeal of Acts ............................................................................... 18 26 Definitions ...................................................................................... 18 27 Remuneration Tribunal .................................................................. 18 28 Determinations under Remuneration Tribunal Act 1981 ................ 18 29 Determinations under Remuneration (Statutory Bodies) Act 1979 ........................................................................................ 19 Part 6 Transitional matters for later enactments Division 1 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009 30 Administrative arrangements continue .......................................... 19 Division 2 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 30A Further amount of basic salary for period on and after 19 August 2010 until commencement ........................................... 19 31 Additional salary of office for 2011 calendar year .......................... 20

Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 iii 32 Stopping operation of 2009 Tribunal determination ....................... 21 Division 3 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2015 33 Existing entitlements continue until new determination takes effect .............................................................................................. 21 Schedule 1 Repealed Acts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 3 March 2023

ASSEMBLY MEMBERS AND STATUTORY OFFICERS (REMUNERATION AND OTHER ENTITLEMENTS) ACT 2006 An Act to provide for the remuneration and other entitlements of Assembly members and statutory officers, and for related purposes Part 1 Introduction 1 Short title This Act may be cited as the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006. 2 Definitions In this Act: additional salary of office means salary paid to an Assembly member, in addition to basic salary, because the member holds or occupies a prescribed office. administrative guidelines means the administrative guidelines made under section 13. Assembly means the Legislative Assembly. Assembly member means a member of the Assembly. basic salary means salary paid to an Assembly member for being an Assembly member. Note for definition basic salary An Assembly member may also be paid other salary because, for example, the Assembly member holds or occupies a certain office or is a Minister. chairperson, of a statutory body, means the presiding officer of that body (whether called the chairperson or not). class, for statutory bodies, means a class of statutory bodies specified in the classification determination. classification determination means the determination made under section 9 that is in force.

Part 2 Entitlements of Assembly members Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 2 classification structure for statutory bodies, see section 8(2). entitlement includes a salary, an allowance and any other remuneration or benefit (including, for example, a reimbursement of expenses incurred, and the provision of goods, services, facilities and any other assistance). former member, for Part 2, see section 4AA. local authority, for Part 3, Division 1B, see section 7C. member, of a statutory body, means a member of that body (whether called a member or not), and includes the chairperson of that body. prescribed office means an office that is determined under section 3A(1)(b) to be an office in respect of which additional salary of office is to be paid. responsible Minister, for a statutory body, means the Minister administering the law that establishes the body. statutory body means a body (whether incorporated or not) established by a law of the Territory for a public purpose. statutory officer means: (a) a Local Court Judge; or (b) a member of a statutory body; or (c) a person holding or occupying an office established by a law of the Territory. Tribunal means the Remuneration Tribunal established by section 17(1). Note for section 2 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. Part 2 Entitlements of Assembly members 3 Basic salary and additional salary of office (1) An Assembly member is entitled to be paid a salary for being an Assembly member.

Part 2 Entitlements of Assembly members Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 3 (2) For any period that an Assembly member holds or occupies a prescribed office, the member is entitled to be paid additional salary for holding or occupying the office. 3A Tribunal's power in relation to salaries (1) The Tribunal must, on the Administrator's request, inquire into and determine the following: (a) the amount of basic salary; (b) the amount of additional salary of office and the offices in respect of which additional salary of office is to be paid; (c) the basis on which the amounts mentioned in paragraphs (a) and (b) have been or should be determined. (2) A request under subsection (1) may relate to: (a) an inquiry for a specified time; or (b) inquiries for specified intervals. 4 Tribunal's powers except for basic salary or additional salary of office (1) The Tribunal must, on the Administrator's request, inquire into, or inquire into and determine, an entitlement (other than the basic salary or additional salary of office) of an Assembly member for: (a) performing the functions of an Assembly member; or (b) performing a function for the Assembly; or (c) holding or occupying any of the following offices: (i) the Speaker of the Assembly; (ii) the Leader of the Opposition; (iii) any other office in the Assembly; (iv) a Minister; (v) a member of the Executive Council.

Part 2 Entitlements of Assembly members Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 4 (1B) Without limiting subsection (1), the Tribunal may, under the request, inquire into, or inquire into and determine, other entitlements, including, for example, the following: (a) an entitlement for establishing or maintaining offices for an Assembly member, including: (i) the provision of staff and equipment for the offices; and (ii) the payment or reimbursement of amounts to cover expenses incurred in relation to the offices; (b) an entitlement for official travel undertaken by: (i) an Assembly member; and (ii) a person who, under a determination, may accompany an Assembly member for the travel; (c) the provision of a motor vehicle to an Assembly member; (d) an entitlement relating to child care services required because of the performance of official functions by an Assembly member. (1C) However, the Tribunal does not have power to inquire into, or inquire into and determine, an entitlement for a matter prescribed by regulation. (2) The request may relate to: (a) an inquiry for a specified time; or (b) inquiries for specified intervals. 4AA Tribunal's power in relation to former Assembly member The Tribunal must also, on the Administrator's request, inquire into, or inquire into and determine, an entitlement for a person (a former member) who, after the commencement of this section, ceases to hold office as an Assembly member; and (a) who was first elected as an Assembly member at the general election held in 2005 or a later election; and (b) who is not, after ceasing to be an Assembly member, entitled to receive payment of a pension or superannuation benefit related to the former member's office as an Assembly member.

Part 2 Entitlements of Assembly members Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 5 4AB Circumstances of disentitlement A former member is not entitled to receive an entitlement mentioned in section 4AA in any of the following circumstances: (a) the former member has, under section 21(2) of the Northern Territory (Self-Government) Act 1978 (Cth), vacated office as an Assembly member because section 21(1)(c) of that Act applies to the former member; (b) the former member retires from office as an Assembly member to be a candidate for another seat in the Assembly, or in any other Australian parliament, and is elected to the other seat. 4A Report following inquiry (1) The Tribunal must prepare a report for each inquiry conducted under section 3A, 4 or 4AA. (2) However, if inquiries are conducted together under any of the following provisions, the Tribunal need only prepare one report for those inquiries: (a) section 3A; (b) section 4; (c) section 4AA. (3) The report: (a) if the Tribunal is requested to inquire into and determine an amount of salary or entitlement – must include a determination of the amount of salary or entitlement; or (b) otherwise – may include recommendations on the entitlement to which the inquiry relates. (4) The Tribunal must give the Administrator and Minister a copy of the report as soon as practicable after it is made. (5) The Minister must table a copy of the report in the Assembly within 6 sitting days after receiving it. 5 Minister's power (1) The Minister may determine an entitlement of an Assembly member if no determination for that entitlement has been made by the Tribunal.

Part 3 Entitlements of statutory officers Division 1A Members of local government council Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 6 (2) The determination ceases to have effect when a determination by the Tribunal for that entitlement takes effect. (2A) Before determining an entitlement under subsection (1), the Minister must seek written advice in relation to the entitlement from the Tribunal. (3) The Minister must table a copy of each determination under subsection (1), and the written advice from the Tribunal in relation to the entitlement, in the Assembly within 6 sitting days after making the determination. Part 3 Entitlements of statutory officers Division 1 Local Court Judges 6 Application This Division applies to Local Court Judges. 7 Entitlements (1) Subject to section 55(2) of the Local Court Act 2015, the Tribunal must, at least once a year, inquire into and determine the entitlements of Local Court Judges and Local Court Judges who hold a statutory office in addition to that of Local Court Judge. Note for subsection (1) Section 55(2) of the Local Court Act 2015 provides that the salary, allowances and other benefits to which a Local Court Judge is entitled must not be altered to the Judge's detriment during the Judge's term of office. (2) The Tribunal must prepare a report for each inquiry conducted under subsection (1). (3) The report must include a determination of the entitlements. (4) The Tribunal must give the Minister a copy of the report as soon as practicable after the report is made. (5) The Minister must table a copy of the report in the Assembly within 6 sitting days after receiving it. Division 1A Members of local government council 7A Application This Division applies to members of local government councils.

Part 3 Entitlements of statutory officers Division 1A Members of local government council Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 7 7B Allowances (1) The Tribunal must, on the Administrator's request, inquire into and determine the allowance or allowances payable to a member of a local government council. (1A) Without limiting subsection (1), the Tribunal may, under the request, inquire into and determine any of the following: (a) differential allowances for principal members, deputy principal members and other members of a local government council; (b) a fixed amount, a minimum amount or a maximum amount of an allowance; (c) different categories of allowances; (d) whether an allowance should be indexed and, if so, the basis of, and method for, indexation; (e) any rules that apply to eligibility for, or payment or application of, an allowance. (1B) If the Tribunal determines a minimum amount of an allowance under subsection (1A)(b), it must also determine a maximum amount of that allowance. (2) The Tribunal may determine different amounts of allowances for the members of different local government councils. (3) The Tribunal must prepare a report for each inquiry conducted under subsection (1). (4) The report must include a determination of the allowances. (5) The Tribunal must give the following a copy of the report as soon as practicable after the report is made: (a) the Administrator; (b) the Minister. (6) The Minister must table a copy of the report in the Assembly within 6 sitting days after receiving it. (7) The allowances determined under subsection (1) apply as follows: (a) if the report is made on or before 1 February – from the next financial year;

Part 3 Entitlements of statutory officers Division 1B Members of a local authority Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 8 (b) if the report is made after 1 February – from the financial year after the next financial year. Examples for subsection (7) 1 If a report is made on 1 February 2019, the allowances apply from 1 July 2019. 2 If a report is made on 2 February 2019, the allowances apply from 1 July 2020. (7A) If the Tribunal is requested to inquire into and determine the allowance or allowances payable to a member of a local government council affected by the exercise of a power under section 16(1)(a), (b), (c), (j) or (n) of the Local Government Act 2019, the Administrator may: (a) specify the date by which the report under subsection (3) must be completed by the Tribunal; and (b) despite subsection (7), specify the financial year from which the determined allowances apply. (8) In this section: deputy principal member, see section 7 of the Local Government Act 2019. principal member, see section 7 of the Local Government Act 2019. Division 1B Members of a local authority 7C Meaning of local authority In this Division: local authority, see section 7 of the Local Government Act 2019. 7D Application This Division applies to members of a local authority. 7E Allowances (1) The Tribunal must, on the Administrator's request, inquire into and determine the allowance or allowances payable to a member of a local authority. (2) An allowance determined under subsection (1) must be a fixed amount.

Part 3 Entitlements of statutory officers Division 1B Members of a local authority Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 9 (3) Without limiting subsection (1), the Tribunal may, under the request, inquire into and determine any of the following: (a) differential allowances for the chairperson and other members of a local authority; (b) different categories of allowances; (c) whether an allowance should be indexed and, if so, the basis of, and method for, indexation; (d) any rules that apply to eligibility for, or payment or application of, an allowance. (4) The Tribunal may determine different amounts of allowances for the members of different local authorities. (5) The Tribunal must prepare a report for each inquiry conducted under subsection (1). (6) The report must include a determination of the allowances. (7) The Tribunal must give the following a copy of the report as soon as practicable after the report is made: (a) the Administrator; (b) the Minister. (8) The Minister must table a copy of the report in the Assembly within 6 sitting days after receiving it. (9) The allowances determined under subsection (1) apply as follows: (a) if the report is made on or before 1 February – from the next financial year; (b) if the report is made after 1 February – from the financial year after the next financial year. Examples for subsection (9) 1 If a report is made on 1 February 2023, the allowances apply from 1 July 2023. 2 If a report is made on 2 February 2023, the allowances apply from 1 July 2024.

Part 3 Entitlements of statutory officers Division 2 Members of statutory bodies Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 10 Division 2 Members of statutory bodies 8 Tribunal's power (1) The Tribunal must, on the Administrator's request, inquire into and make recommendations on any of the following matters as specified in the request: (a) the classification structure for statutory bodies; (b) a matter relating to the entitlements of members of statutory bodies. (2) The classification structure for statutory bodies is a set of provisions that specify the following without specifying any individual statutory body: (a) classes of statutory bodies; (b) the entitlements of members of statutory bodies for any of the classes. (3) A request under subsection (1) may relate to: (a) an inquiry for a specified time; or (b) inquiries at specified intervals. (4) The Tribunal must prepare a report for each inquiry conducted under subsection (1). (5) The report must include any recommendations made by the Tribunal on the matter specified in the request for the inquiry. (6) The Tribunal must give the Administrator and Minister a copy of the report as soon as practicable after the report is made. (7) Without limiting subsection (1)(b), the Administrator may specify any of the following inquiries for subsection (1)(b): (a) an inquiry into the level of entitlements of members of statutory bodies; (b) an inquiry into the legislative framework for the entitlements of members of statutory bodies. 9 Administrator's power (1) The Administrator may determine the classification structure for statutory bodies (whether or not as a result of an inquiry under section 8).

Part 3 Entitlements of statutory officers Division 2 Members of statutory bodies Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 11 (2) In providing for an entitlement in relation to a class of statutory bodies, the determination may: (a) specify the amount of the entitlement; or (b) specify a range of amounts from which the amount of the entitlement for a particular statutory body must be decided by a responsible Minister under section 10(1)(b). (3) The determination may apply, adopt or incorporate the whole or part of a document as in force or existing at a particular time or from time to time. (4) The determination does not have effect in relation to a statutory body until a decision under section 10(1) for that body takes effect. Note for subsection (4) See section 10A. 10 Responsible Minister's power (1) The responsible Minister for a statutory body may, in accordance with the classification determination, decide: (a) the class of statutory bodies to which the body belongs; and (b) if the determination provides for the responsible Minister to decide the amount of an entitlement as referred to in section 9(2)(b) – the amount of the entitlement. (2) The responsible Minister must do so having regard to: (a) the administrative guidelines; and (b) any recommendations made by the Minister administering this Act. (3) The responsible Minister must notify the Minister administering this Act of each decision under subsection (1) as soon as practicable after the decision is made. (4) This section has effect subject to the law establishing the statutory body.

Part 3 Entitlements of statutory officers Division 2 Members of statutory bodies Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 12 10A Decision under section 10 to continue in some circumstances (1) The purpose of this section is to provide for what happens in relation to a statutory body if: (a) a classification determination (applying determination) has effect in relation to the body as mentioned in section 9(4) because a decision, that applies to the body, has taken effect under section 10 (applying decision); and (b) after the applying determination has effect in relation to the body, it is amended by a further classification determination or replaced by another classification determination (the result of either the amendment or the replacement being a new determination). (2) Subject to subsection (3), after the new determination is made but until it takes effect in relation to the statutory body as mentioned in section 9(4), both the applying determination and applying decision continue to have effect in relation to the body. (3) If the new determination increases the amount of the entitlement as mentioned in section 9(2)(a) for the class of statutory bodies to which the statutory body belongs under the applying decision, the change of the amount (as specified in the new determination) takes effect in relation to the body on the starting date for the new determination despite section 9(4). (4) For subsection (3), the starting date, for a new determination, is: (a) the date specified in the new determination as the date the new determination is to start operating in relation to statutory bodies that are already the subject of an applying decision; or (b) if no date is specified under paragraph (a) – the date the new determination is made. (5) Subsections (2) and (3) apply even if the new determination also changes other matters in the applying determination. 11 Special power of Administrator (1) The Administrator may determine the entitlements of a member of a statutory body. (2) To the extent to which the determination is inconsistent with any of the following provisions, the determination has effect and that provision does not have effect: (a) a provision in the classification determination;

Part 3 Entitlements of statutory officers Division 3 Other statutory officers Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 13 (b) a provision in a decision for members of the statutory body under section 10(1); (c) a provision in the administrative guidelines. (3) The determination may apply, adopt or incorporate the whole or part of a document as in force or existing at a particular time or from time to time. (4) This section has effect subject to the law establishing the statutory body. 12 Publication (1) The Minister must, in a manner that the Minister considers appropriate, publish a document that incorporates so much of the following as is in force: (a) the classification determination; (b) each decision under section 10(1); (c) each determination under section 11(1); (d) each provision in force under section 29. (2) The Minister must update the document as soon as practicable after a determination or decision referred to in subsection (1)(a), (b) or (c) is made, amended or revoked. (3) Without limiting subsection (1), the Minister may publish the document in an electronic form. 13 Administrative guidelines (1) The Minister may make administrative guidelines for this Division. (2) Without limiting subsection (1), the guidelines may provide for the matters that should be taken into account in making a decision under section 10(1). Division 3 Other statutory officers 14 Application This Division: (a) applies to a statutory officer whose entitlements are not provided under Division 1, 1A or 2; and

Part 3 Entitlements of statutory officers Division 3 Other statutory officers Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 14 (b) has effect subject to the law establishing the office held or occupied by the officer. 15 Entitlements (1) The Tribunal must, on the Administrator's request, inquire into and make recommendations on an entitlement of a statutory officer to whom this Division applies as specified in the request. (2) The request may relate to: (a) an inquiry for a specified time; or (b) inquiries for specified intervals. (3) Without limiting subsection (1), an inquiry covered by that subsection may be: (a) an inquiry into the level of the entitlement; or (b) an inquiry into the legislative framework for the entitlement. (4) The Tribunal must prepare a report for each inquiry conducted under subsection (1). (5) The report must include any recommendations made by the Tribunal on the matter specified in the request for the inquiry. (6) The Tribunal must give the Administrator and Minister a copy of the report as soon as practicable after the report is made. (7) The Minister must table a copy of the report in the Assembly within 6 sitting days after receiving it. 16 Administrator's power (1) If no provision is made under a law of the Territory for an entitlement of a statutory officer to whom this Division applies, the Administrator may determine that entitlement. (2) The determination ceases to have effect when a provision for that entitlement takes effect under another law of the Territory. (3) The determination may apply, adopt or incorporate the whole or part of a document as in force or existing at a particular time or from time to time.

Part 4 Administration Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 15 Part 4 Administration 17 Establishment of Tribunal (1) The Remuneration Tribunal is established. (2) The Tribunal may be constituted by one member, or 2 or 3 members, appointed by the Administrator. (3) A member holds office for a period of 5 years and is eligible for re-appointment. (4) A member may resign the office by writing given to the Administrator. (5) The Administrator may remove a member from office: (a) for incompetence or misbehaviour; or (b) for mental or physical incapacity to carry out the member's duties satisfactorily. (6) The office of a member becomes vacant if the member: (a) dies; or (b) completes a term of office and is not re-appointed; or (c) resigns the office; or (d) is removed from office under subsection (5); or (e) is convicted in the Territory of an offence punishable by imprisonment for 12 months or more or is convicted elsewhere of an offence that, if committed in the Territory, would be an offence so punishable; or (f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit. (7) The Administrator may appoint a person to act as a member during a period or all periods when: (a) the member's office becomes vacant; or (b) the member is absent from duty or from the Territory; or (c) the member is unable to perform the member's duties.

Part 4 Administration Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 16 18 Chairperson of Tribunal (1) The Administrator must appoint a member of the Tribunal to be the chairperson of the Tribunal if the Tribunal has more than one member. (2) The chairperson must preside at all meetings of the Tribunal. (3) The chairperson holds office for the period specified in the appointment. (4) The chairperson may resign the office by writing given to the Administrator. (5) The Administrator may appoint a member of the tribunal to act as the chairperson during a period or all periods when: (a) the chairperson's office becomes vacant; or (b) the chairperson is absent from duty or from the Territory; or (c) the chairperson is unable to perform the chairperson's duties. 19 Tribunal's power to inquire or determine In inquiring into or determining a matter under this Act, the Tribunal may also inquire into or determine (as the case may be) another matter that relates to the matter. 20 Determinations by Tribunal (1) A determination by the Tribunal under this Act may apply, adopt or incorporate the whole or part of a document as in force or existing at a particular time or from time to time. (2) A determination by the Tribunal under this Act may provide for: (a) the following to be decided by a person specified in the determination: (i) an administrative matter; (ii) an alternative to an entitlement because of special circumstances, to avoid hardship or for another reason specified in the determination; or (b) an entitlement to be subject to approval by, or notice to, a specified person (however the approval or notice is described in the determination).

Part 4 Administration Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 17 21 Tabling of determinations (1) This section applies to a determination by the Tribunal under this Act. (2) The Minister must give a copy of the determination to each person whose entitlements are affected by the determination: (a) within 14 days after the Minister receives a copy of the determination under this Act; and (b) before the Minister tables a copy of the determination in the Assembly under this Act. (3) The Minister must, within 6 sitting days after complying with subsection (2), table a copy of the determination in the Assembly. (4) The determination takes effect from the date specified in the determination. 22 Conduct of inquiry (1) The Tribunal is not required to conduct an inquiry in a formal manner. (2) In conducting an inquiry, the Tribunal: (a) is not bound by the rules of evidence; and (b) may inform itself in any manner it considers appropriate; and (c) may receive any written or oral submissions. 23 Assistance (1) The Minister may appoint a public sector employee to assist the Tribunal in performing its functions. (2) For subsection (1), the Minister may appoint: (a) a public sector employee by name; or (b) a public sector employee by reference to the office, position or designation held or occupied by the employee; or (c) a public sector employee from time to time holding or occupying a named office, position or designation. 24 Regulations The Administrator may make regulations under this Act.

Part 5 Repeals and transitional matters for Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 18 Part 5 Repeals and transitional matters for Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 25 Repeal of Acts The Acts specified in Schedule 1 are repealed. 26 Definitions In this Part: commencement means the commencement of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006. existing Tribunal means the Remuneration Tribunal existing under the Remuneration Tribunal Act 1981 immediately before the commencement. new Tribunal means the Remuneration Tribunal established by section 17(1). 27 Remuneration Tribunal (1) A person who is a member of the existing Tribunal immediately before the commencement is taken to have been appointed as a member of the new Tribunal under section 17(2). (2) However, section 17(3) does not apply to that member. 28 Determinations under Remuneration Tribunal Act 1981 (1) A determination made by the existing Tribunal and in force under the Remuneration Tribunal Act 1981 immediately before the commencement continues in force. (2) The determination may be amended or revoked by the new Tribunal as if: (a) for a determination applying to an Assembly member – it had been made under section 4(1) of this Act; or (b) for a determination applying to a Magistrate – it had been made under section 7(1) of this Act.

Part 6 Transitional matters for later enactments Division 2 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 19 29 Determinations under Remuneration (Statutory Bodies) Act 1979 A provision in a determination in force under the Remuneration (Statutory Bodies) Act 1979 immediately before the commencement that provides for an entitlement of a member of a statutory body continues to be in force until the commencement of a provision for an entitlement of that member under sections 9 and 10 of this Act. Part 6 Transitional matters for later enactments Division 1 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009 30 Administrative arrangements continue (1) An existing administrative arrangement for an entitlement of an Assembly member continues to have effect until a determination under section 4 for the entitlement takes effect. (2) In this section: existing administrative arrangement, for an entitlement of an Assembly member, means the administrative arrangement relating to the entitlement: (a) made by the Chief Minister, and tabled in the Legislative Assembly, on 21 February 2007; or (b) made by the Chief Minister, and tabled in the Legislative Assembly, on 29 November 2007. Division 2 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 30A Further amount of basic salary for period on and after 19 August 2010 until commencement (1) This section applies to a person who: (a) was, on 19 August 2010, an Assembly member or, after 19 August 2010, became an Assembly member; and (b) is, immediately before the commencement, an Assembly member.

Part 6 Transitional matters for later enactments Division 2 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 20 (2) In addition to any amount previously paid to the person as basic salary in relation to the relevant period, the person is entitled to be paid a further amount of basic salary for the relevant period. (3) The further amount of basic salary is worked out by: (a) calculating the amount to which the person would have been entitled as basic salary for the relevant period if section 4 of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 had been in force on 19 August 2010; and (b) subtracting the amount of basic salary paid to the person for the relevant period from the amount calculated under paragraph (a). (4) In this section: commencement means the commencement of this section. relevant period, in relation to a person, means the period as mentioned in subsection (1) (starting on or after 19 August 2010 and ending immediately before the commencement) for which the person was an Assembly member. 31 Additional salary of office for 2011 calendar year (1) Subsection (2) applies to an Assembly member if: (a) on or after 1 January 2011 but immediately before the commencement of this section (the interim period) – the Assembly member was entitled to be paid an amount of additional salary of office for an office under the 2009 Tribunal determination for the interim period (the first entitlement); and (b) on the commencement – the office is a prescribed office. Note for subsection (1) On the commencement, entitlements for additional salary of office for any period in 2011 but after the interim period are to be worked out under section 3A. (2) The Assembly member is entitled to be paid a further amount for the office for the interim period worked out by: (a) calculating the amount to which the Assembly member would have been entitled for the office for the interim period if section 3A had been in force on 1 January 2011 (the second entitlement); and

Part 6 Transitional matters for later enactments Division 3 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2015 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 21 (b) subtracting the first entitlement from the second entitlement. (3) For applying section 3A(1) to the prescribed office of Member of the Council of Territory Cooperation: (a) subsection 3A(1) applies to any period during the 2011 calendar year (including before the commencement of that subsection); and (b) the 2009 Tribunal determination is taken to have provided for an additional salary of office for such a Member with an annual amount equal to 50% of the annual amount to which the Chairperson of the Council of Territory Cooperation was entitled under that determination. 32 Stopping operation of 2009 Tribunal determination If a part of the 2009 Tribunal determination is in force immediately before the commencement of this section, the part ceases to be in force on the commencement. Division 3 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2015 33 Existing entitlements continue until new determination takes effect (1) Despite the amendments: (a) until a determination made under section 3A(1)(a) takes effect, an Assembly member is entitled to be paid the amount of basic salary that the member would have been entitled to be paid under the former Act; and (b) until a determination made under section 3A(1)(b) takes effect, an Assembly member is entitled to be paid the amount of additional salary of office that the member would have been entitled to be paid under the former Act. (2) In this section: amendments means the amendments made to this Act by the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2015. former Act means this Act as in force immediately before the commencement of the amendments.

Schedule 1 Repealed Acts Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 22 Schedule 1 Repealed Acts section 25 Remuneration (Statutory Bodies) Act 1979 Act No. 9 of 1980 Remuneration Tribunal Act 1981 Act No. 28 of 1981 Remuneration Tribunal Amendment Act 1985 Act No. 15 of 1985 Remuneration Tribunal Amendment Act 1991 Act No. 29 of 1991 Remuneration Tribunal Amendment Act 2004 Act No. 51 of 2004

ENDNOTES Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 23 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 (Act No. 7, 2006) Assent date 26 April 2006 Commenced 26 April 2006 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2009 (Act No. 27, 2009) Assent date 1 September 2009 Commenced 30 September 2009 (Gaz G39, 30 September 2009, p 5) Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act (No. 2) 2009 (Act No. 28, 2009) Assent date 11 November 2009 Commenced 1 October 2009 (s 2) Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 (Act No. 1, 2011) Assent date 4 March 2011 Commenced 4 March 2011 Statute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011) Assent date 21 December 2011 Commenced 27 January 2012 ((other than amdts to Darwin Port Corporation Act 1983 and Marine Act 1981 listed in the Sch to Act) Gaz S3, 27 January 2012)) Northern Territory Civil and Administrative Tribunal Act 2014 (Act No. 28, 2014) Assent date 4 September 2014 Commenced 6 October 2014 (Gaz S95, 6 October 2014)

ENDNOTES Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 24 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2015 (Act No. 6, 2015) Assent date 10 April 2015 Commenced 10 April 2015 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2016 (Act No. 5, 2016) Assent date 23 March 2016 Commenced 23 March 2016 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2017 (Act No. 20, 2017) Assent date 8 November 2017 Commenced pt 3: 1 January 2017 (s 2(1)); rem: 3 May 2018 (Gaz S28, 3 May 2018) Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019) Assent date 6 November 2019 Commenced pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019; rem: 7 November 2019 (s 2) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) Justice and Other Legislation Amendment Act 2021 (Act No. 7, 2021) Assent date 13 April 2021 Commenced 14 April 2021 (s 2) Local Government Legislation Amendment (Remuneration) Act 2022 (Act No. 4, 2022) Assent date 14 April 2022 Commenced 15 April 2022 (s 2) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2)

ENDNOTES Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 25 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, 7, 26, 28 and 29. 4 LIST OF AMENDMENTS s 2 amd No. 27, 2009, s 4; No. 1, 2011, s 3; No. 6, 2015, s 3; No. 5, 2016, s 3; No. 9, 2016, s 41; No. 4, 2022, s 4 s 3 sub No. 28, 2009, s 4 amd No. 1, 2011, s 4 sub No. 6, 2015, s 4 s 3A ins No. 1, 2011, s 5 sub No. 6, 2015, s 4 s 4 amd No. 27, 2009, s 5; No. 1, 2011, s 6; No. 6, 2015, s 5; No. 5, 2016, s 4 ss 4AA – 4AB ins No. 5, 2016, s 5 s 4A ins No. 6, 2015, s 6 amd No. 5, 2016, s 6 s 5 amd No. 1, 2011, s 7; No. 5, 2016, s 7; No. 20, 2017, s 4 pt 3 div 1 hdg amd No. 9, 2016, s 42 s 6 amd No. 9, 2016, s 43 s 7 amd No. 28, 2014, s 157; No. 9, 2016, s 44 pt 3 div 1A hdg ins No. 39, 2019, s 369 s 7A ins No. 39, 2019, s 369 s 7B ins No. 39, 2019, s 369 amd No. 4, 2022, s 5 pt 3 div 1B hdg ins No. 4, 2022, s 6 ss 7C – 7E ins No. 4, 2022, s 6 s 8 amd No. 6, 2015, s 7 s 9 amd No. 44, 2011, s 5 s 10 amd No. 44, 2011, s 6 s 10A ins No. 44, 2011, s 7 s 14 amd No. 4, 2023, s 23 s 20 amd No. 44, 2011, s 8 s 21 amd No. 20, 2017, s 5; No. 33, 2019, s 49 s 23 amd No. 7, 2021, s 13 s 24 sub No. 27, 2009, s 6 pt 6 hdg exp No. 7, 2006, s 31 ins No. 27, 2009, s 7 sub No. 1, 2011, s 8 pt 6 div 1 hdg ins No. 1, 2011, s 8 s 30 exp No. 7, 2006, s 31 ins No. 27, 2009, s 7 pt 6 div 2 hdg ins No. 1, 2011, s 9 s 30A ins No. 1, 2011, s 9 s 31 exp No. 7, 2006, s 31 ins No. 1, 2011, s 9 s 32 ins No. 1, 2011, s 9 pt 6 div 3 hdg ins No. 6, 2015, s 8

ENDNOTES Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 26 s 33 ins No. 6, 2015, s 8 sch 2 exp No. 7, 2006, s 31 ins No. 1, 2011, s 10 rep No. 6, 2015, s 9

1 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006

The Act organises remuneration law around a small set of recurring concepts that determine who decides, how decisions are reached, and how they take effect.

Tribunal and inquiries. The Remuneration Tribunal is the statutory decision-maker for most entitlements when the Administrator requests an inquiry (ss 17, 3A, 4, 7, 8, 15). The Tribunal may inquire into and determine amounts or make recommendations depending on the statutory provision. It may apply, adopt or incorporate external documents in determinations (s 20(1)).
Administrator's request and power. The Tribunal acts on an Administrator’s request (see ss 3A(1), 4(1), 7B(1), 8(1), 15(1)). Separately, the Administrator may determine the classification structure for statutory bodies (s 9) and also exercise a special power to determine entitlements for members of statutory bodies which has effect to the extent it is inconsistent with classification determinations, section 10 decisions or administrative guidelines (s 11).
Distinction between determination and recommendation. Some provisions require the Tribunal to make binding determinations of entitlements (for example s 3A(1) for basic salary and additional salary of office, and s 7(3) in respect of Local Court Judges). Other provisions require the Tribunal to make recommendations or reports that may then be acted on by the Administrator or responsible Minister (for example s 8(4)-(5) and s 15(1), where the Tribunal makes recommendations and the Administrator or Minister implements them).
Delegation and decision-making by ministers or others. For statutory bodies, the framework separates a classification determination (set by the Administrator) from the decision assigning a particular body to a class and, where permitted, fixing the amount within a range by the responsible Minister (s 9(2)(b), s 10(1)). Determinations may delegate administrative matters to a person specified in the determination and may make entitlements subject to approval or notice (s 20(2)(a)-(b)).
Tabling, publication and transparency. Reports and determinations must be provided to the Administrator and Minister and tabled in the Assembly within specified timeframes (for example s 4A(4)-(5), s 7B(5)-(6), s 7E(7)-(8), s 15(6)-(7), s 21(2)-(3)). The Minister must publish a document incorporating classification determinations and decisions and must update it as soon as practicable (s 12).
Temporal application and transition. The Act contains layered transitional rules. Determinations take effect from the date specified (s 21(4)), allowances for local government apply from specified financial years based on the report date (s 7B(7), s 7E(9)), and several amendment Acts include transitional provisions that preserve earlier arrangements until new determinations take effect (s 30, s 33). Specific carry-over rules preserve determinations made under earlier Remuneration Acts until replaced (ss 27-29).
Limits and exclusions. The Tribunal may not inquire into matters prescribed by regulation (s 4(1C)). Entitlement rules for former members are limited to persons first elected in 2005 or later and exclude certain circumstances (s 4AA, s 4AB).
Administrative guidance. The Minister may make administrative guidelines to guide responsible Ministers in deciding classification and entitlements for statutory bodies, and those guidelines must be considered by the responsible Minister (s 13, s 10(2)(a)).

These concepts structure how remuneration is reviewed, decided and implemented. The Act mixes adjudicative-style determinations (Tribunal inquiries) with executive choices by the Administrator and responsible Ministers, and embeds tabling and publication obligations to produce a public record of decisions.

The Act defines a range of affected actors, and identifies who decides different elements of entitlement.

Assembly members. Every member of the Northern Territory Legislative Assembly is covered by Part 2 entitlements, including basic salary and additional salary of office for prescribed offices (ss 2, 3, 3A). The Tribunal is the primary body to determine amounts on the Administrator's request (s 3A(1)), and the Minister can determine entitlements where no Tribunal determination exists, subject to seeking written advice from the Tribunal and tabling the decision (s 5(1)-(3), s 5(2A)).
Former Assembly members. A specific cohort of former members is affected by s 4AA: those first elected at the 2005 general election or later, who cease to hold office and are not entitled to a pension or superannuation benefit tied to their office. Section 4AB specifies situations in which such a former member is disentitled.
Statutory officers broadly defined. The Act covers Local Court Judges, members of statutory bodies, members of local government councils and local authorities, and other statutory officers (s 2 definition of statutory officer; Part 3 headings and divisions). Each class is treated separately in Divisions 1-3 of Part 3.
Local Court Judges. Division 1 applies to Local Court Judges and requires the Tribunal to inquire at least once a year into entitlements for judges and judges who hold additional statutory offices (s 7(1)). The Act also cross-references the Local Court Act 2015 constraint that a judge’s salary, allowances and other benefits must not be altered to the judge’s detriment during the judge’s term (s 7(1) note).
Members of local government councils and local authorities. Divisions 1A and 1B create processes for allowances payable to members of local government councils (s 7A-7B) and local authorities (s 7C-7E). The Tribunal determines allowances on Administrator’s request and may set differential amounts, minimums, maximums, indexing and rules for eligibility. Timing rules determine the financial year in which determined allowances apply (s 7B(1), (1A)-(1B), (2), (7); s 7E(1)-(4), (9)).
Members of statutory bodies. Division 2 addresses members of statutory bodies. The Tribunal reports on classification structures and entitlements (s 8). The Administrator may set a classification determination (s 9). The responsible Minister allocates a particular statutory body to a class and may fix amounts where the classification allows, having regard to administrative guidelines and recommendations (s 10). The Administrator also has a special overriding power to determine entitlements for statutory bodies directly (s 11).
Other statutory officers. Division 3 captures officers whose entitlements are not provided under the earlier divisions; the Tribunal inquires and makes recommendations on entitlements on the Administrator’s request and the Administrator may determine entitlements where no law provides for them (ss 15-16).
Ministers and the Administrator. Decision-making power is distributed among the Administrator who requests Tribunal inquiries and may make classification and overriding determinations (ss 3A, 8-11), the responsible Minister for statutory bodies who makes class and amount decisions guided by administrative guidelines (s 10), and the Minister administering the Act who must table reports and publish determinations (ss 4A(4)-(5), 12, 21).
The public and Assembly. Tabling and publication duties require that determinations and Tribunal reports be placed on the public record via the Assembly and by publication in a manner the Minister considers appropriate (ss 4A(4)-(5), 12, 21(3)).

Concretely, the Act alters the administrative and decision-making relationship between Tribunal, Administrator and Ministers, and imposes reporting and tabling obligations that affect departmental processes and calendars for preparing budgets, for local government and statutory body administrators, and for affected officers whose entitlements will be changed or determined.

The Act creates duties for the Tribunal, the Administrator, Ministers and departments, and rights for Assembly members and statutory officers to specified processes.

Duties of the Tribunal

Inquire and determine or make recommendations on entitlements upon the Administrator's request, including basic salary and additional office salary for Assembly members (s 3A(1)); other entitlements for Assembly members (s 4(1)); allowances for members of local government councils and local authorities (ss 7B(1), 7E(1)); entitlements of Local Court Judges at least annually (s 7(1)); classification structures and recommendations for statutory bodies (s 8(1)); and entitlements of other statutory officers (s 15(1)).
Prepare reports for each inquiry, and include determinations of amounts where required, or recommendations otherwise (s 4A(1)-(3), s 7(2)-(3), s 8(4)-(5), s 15(4)-(5)). Tribunal reports must be provided to the Administrator and Minister as soon as practicable after being made (s 4A(4), s 8(6), s 15(6)).
Conduct inquiries informally and not be bound by the rules of evidence, receiving written and oral submissions as considered appropriate (s 22).

Duties of the Administrator

Request inquiries of the Tribunal where the statutory provisions require inquiry on the Administrator's request, thereby initiating the Tribunal's reviewing and determining powers (s 3A(1), s 4(1), s 7B(1), s 8(1), s 15(1)).
Make classification determinations for statutory bodies under s 9 and may determine entitlements directly under s 11, to the extent inconsistent with classification determinations, s 10 decisions and administrative guidelines (s 11(1)-(2)).

Duties of Ministers

The Minister administering this Act must receive Tribunal reports and table them in the Assembly within 6 sitting days of receipt (ss 4A(4)-(5), 7B(5)-(6), 7E(7)-(8), 15(6)-(7)). The Minister must also publish documents containing classification determinations and relevant decisions and keep them updated as soon as practicable after changes (s 12).
The responsible Minister for a statutory body must decide the class to which a body belongs and, where the classification determination allows, the amount of an entitlement, having regard to administrative guidelines and any recommendations made (s 10(1)-(2)). The responsible Minister must notify the Minister administering the Act of decisions under s 10(1) as soon as practicable (s 10(3)).
The Minister may determine an entitlement of an Assembly member where no Tribunal determination exists, but must seek written advice from the Tribunal before doing so and must table the determination and Tribunal advice in the Assembly within 6 sitting days (s 5(1)-(3), s 5(2A)).

Rights of Assembly members and statutory officers

Entitlement to basic salary and additional salary of office for prescribed offices (ss 3, 3A(1)).
Entitlement to other specified entitlements where determined by the Tribunal or the Minister in accordance with the Act (s 4(1), s 5(1)).
For Local Court Judges, protection against alteration to their detriment during their term of office as provided under the Local Court Act 2015 (s 7(1) note).
Where affected, a duty on the Minister to give a copy of Tribunal determinations to each person whose entitlements are affected within 14 days of the Minister receiving the determination and before tabling it in the Assembly (s 21(2)(a)-(b)). This gives affected persons notice and the right to be informed prior to tabling.

Administrative duties and options in determinations

Determinations may adopt or incorporate external documents (s 20(1)), may delegate administrative matters to persons specified in the determination, and may provide for entitlements to be subject to approval by or notice to specified persons (s 20(2)). This creates operational duties for designated approvers or administrators.
Administrative guidelines may be made by the Minister and must be considered by responsible Ministers in making classification decisions (s 13; s 10(2)(a)).

Timing and publication duties

Reports and determinations must be tabled in the Assembly within six sitting days of receipt by the Minister and determinations must be provided to affected persons within 14 days before tabling (s 4A(4)-(5); s 21(2)-(3)).
Publication obligations require a document that incorporates classification determinations and relevant decisions to be published in a manner the Minister considers appropriate and updated as soon as practicable on change (s 12).

Taken together, the Act establishes procedural rights to inquiry, reporting and tabling, and creates executive duties to follow those procedures and to consider Tribunal advice and administrative guidelines before making Ministerial decisions.

The Act is primarily procedural and administrative; it does not create criminal penalties or civil sanction regimes for non-compliance within its text. Its enforcement architecture is administrative, implemented by procedural duties, tabling and publication obligations, and appointment and removal mechanics for Tribunal members.

Key enforcement and administrative mechanisms in the Act are:

Appointment, tenure and removal of Tribunal members. Members are appointed by the Administrator for five year terms and are eligible for reappointment. The Administrator may remove a member for incompetence, misbehaviour or mental or physical incapacity to carry out duties satisfactorily (s 17(2)-(6)). Removal on statutory grounds provides an administrative enforcement check on Tribunal membership.
Vacancy triggers and acting appointments. The Administrator may appoint acting members during vacancies or absences or when members are unable to perform duties (s 17(7)), ensuring continuity in the Tribunal’s capacity to make determinations.
Tabling and publication obligations. The Minister must table Tribunal reports and determinations in the Assembly within specified timeframes (s 4A(5), s 7B(6), s 7E(8), s 15(7), s 21(3)). The Minister must publish documents incorporating classification determinations and decisions and update them as soon as practicable (s 12). Non-compliance would produce administrative and political consequences through failure to observe statutory tabling and transparency duties, though the Act does not specify a sanction.
Notification to affected persons. The Minister must give a copy of a Tribunal determination to each person whose entitlements are affected within 14 days after receiving the determination and before tabling it in the Assembly (s 21(2)). The statutory requirement creates an enforceable administrative duty to provide prior notification, but the Act does not set penalties for failure to notify.
Subject-to-law clauses. Several powers are subject to the law establishing the statutory body, notably the Administrator’s and responsible Minister’s powers in Division 2 (s 10(4), s 11(4)). Where a law establishing a body contains its own entitlement provisions or protections, that law may restrain the effect of determinations and Ministerial decisions. Enforcement in such cases would proceed by reference to the establishing statute rather than this Act.
Procedural constraints on changing judicial remuneration. The Act explicitly recognises the Local Court Act 2015 protection against detriment during a judge’s term (s 7(1) note). That judicial remuneration protection is a substantive legal constraint referenced by the Act and would be enforced under the Local Court Act rather than this Act alone.

Notably absent are express criminal offences, pecuniary penalties, or administrative penalty regimes for breach of tabling or publication obligations, or for the improper payment of entitlements. Enforcement therefore relies on internal administrative oversight, political and parliamentary scrutiny through tabling obligations, and judicial enforcement in cases where other statutes confer rights or protections (for example the Local Court Act’s non-detriment rule).

The Tribunal’s procedural discretion is constrained by statutory duties to prepare reports, communicate them to the Administrator and Minister, and have determinations take effect as specified in the instrument (s 4A, s 21(4)). Failure to comply with procedural duties would be subject to administrative remedies and parliamentary processes rather than named penalties in the Act.

The Act explicitly interacts with other Territory laws and carries cross-references that affect operation, scope and constraints.

Local Court Act 2015. The Act references s 55(2) of the Local Court Act 2015 as a constraint on Tribunal determinations for Local Court Judges. The note in s 7(1) directs that salaries, allowances and other benefits to which a Local Court Judge is entitled must not be altered to the Judge’s detriment during the Judge’s term. This cross-reference integrates judicial remuneration protection in the Local Court Act with the Tribunal’s review process under this Act (s 7(1) note).
Law establishing a statutory body. Division 2 repeatedly states that powers and determinations are subject to the law establishing the statutory body (s 10(4), s 11(4), s 14(b)). This means the Tribunal’s classification structure, the Administrator’s classification determination, the responsible Minister’s decision, and the Administrator’s special power may all be constrained by specific statutory provisions in the enabling Act of a body. Where the enabling law prescribes entitlements or protective terms, those statutory terms operate alongside or ahead of determinations under this Act.
Repealed Remuneration statutes and transitional carry-over. Part 5 repeals earlier remuneration statutes and carries forward determinations made under those Acts. Determinations under the Remuneration Tribunal Act 1981 and Remuneration (Statutory Bodies) Act 1979 continue in force until amended or replaced by the new Tribunal (ss 27-29). This transitional approach preserves established entitlements and avoids immediate legal gaps when this Act commenced.
Administrative and tabling obligations in parliamentary procedure. The Act requires reports to be tabled in the Assembly within six sitting days of receipt by the Minister (s 4A(5), s 7B(6), s 7E(8), s 15(7), s 21(3)). These obligations intersect with parliamentary standing orders and public accountability mechanisms. While the Act prescribes the timeframes, enforcement and consequences for failure sit within parliamentary processes and political oversight rather than in the Act’s own penalty provisions.
Regulatory exclusions. The Tribunal is not permitted to inquire into or determine an entitlement for a matter prescribed by regulation (s 4(1C)). This grants the Executive the capacity to exclude certain matters from Tribunal review by regulation, creating an interaction where subordinate legislation can narrow Tribunal jurisdiction.
Acts and amendments listed in the endnotes. The Endnotes record multiple amending Acts and commencement details (Endnotes 2-4). These amendments change the application, composition, or administrative procedures of the Act over time. For example, the Local Government Act 2019, and the Local Government Legislation Amendment (Remuneration) Act 2022 have relevance to the divisions added to cover local government councillors and local authorities (ss 7A-7B, 7C-7E; see Endnotes and List of Legislation).
Procedural overlap with Ministerial decision-making. Section 5 allows the Minister to determine an entitlement where no Tribunal determination exists but requires written Tribunal advice before doing so (s 5(2A)). This creates an operational interaction where Tribunal expertise informs Ministerial exercise of residual powers.
Adoption of external documents. Determinations may apply, adopt or incorporate whole or part of an external document “as in force or existing at a particular time or from time to time” (s 20(1), s 9(3), s 11(3), s 16(3)). This allows cross-use of instruments such as enterprise agreements, awards, or indexed schedules established elsewhere, integrating them into determinations under the Act.

Where the Act is silent on matters such as funding sources or payment mechanics, those operational interactions will be governed by other applicable financial management or appropriation laws and internal government procedures. The Act’s repeated caveat that certain powers are “subject to the law establishing the statutory body” signals that the enabling statutes of bodies can override or limit application of the Act. Readers should therefore check a relevant statutory body’s establishing Act and financial statutes for additional constraints and enforcement mechanisms.

The Act has been amended several times since enactment in 2006. The endnotes and list of legislation record the sequence of legislative changes and commencement details. Key amendment events and their statutory mechanics follow from the text.

Original enactment and commencement. Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006, Act No. 7 of 2006, assented 26 April 2006 and commenced 26 April 2006 (Endnotes, List of Legislation).
Amendments in 2009. Two 2009 amending Acts are recorded: Amendment Act 2009 (Act No. 27, 2009) assented 1 September 2009 and commenced 30 September 2009; Amendment Act (No. 2) 2009 (Act No. 28, 2009) assented 11 November 2009 and commenced 1 October 2009 (Endnotes). The 2009 changes amended, among other things, s 2 and s 4, and inserted transitional provisions preserving administrative arrangements for Assembly member entitlements until Tribunal determinations took effect (s 30).
2011 amendments. Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Amendment Act 2011 (Act No. 1, 2011) assented 4 March 2011 and commenced 4 March 2011. That amending Act inserted s 3A (Tribunal’s power in relation to salaries), new transitional sections (30A, 31, 32), and made other modifications (see List of Amendments and s 3A insertion note).
Further amendments 2014-2017. The Local Court (Repeals and Related Amendments) Act 2016 and other amending Acts updated Division headings and cross-references, including integration with the Northern Territory Civil and Administrative Tribunal Act 2014 and the Local Court Act 2015 (Endnotes). The 2015 Amendment Act inserted s 33, which preserved existing entitlements until new Tribunal determinations took effect (s 33).
Local government and local authority changes. The Act was amended to add Division 1A (members of local government councils) by the Local Government Act 2019 and later amendments. Sections 7A and 7B were inserted (No. 39, 2019, s 369) to provide a Tribunal process for local government allowances. In 2022, the Local Government Legislation Amendment (Remuneration) Act 2022 inserted Division 1B provisions for members of local authorities (ss 7C-7E), and updated s 7B (see List of Amendments).
Minor and formal amendments. The Interpretation Legislation Amendment Act 2018 made general formal amendments to s 1, s 2 and other sections as noted in the endnotes. Other Acts noted in the Endnotes include Statute Law Revision Acts in 2020 and 2023 which effected technical amendments or reprints.
Transitional clauses and carry-over. The Act includes explicit transitional provisions that preserve previous determinations. Part 5 (ss 25-29) repealed earlier remuneration Acts but continued determinations made under those Acts until amended or revoked by the new Tribunal. Part 6 contains transitional measures tied to particular amending Acts, including processes that continue administrative arrangements until Tribunal determinations take effect (s 30), discrete retrospective salary calculations for specified periods (s 30A, s 31), and cessation of older Tribunal determinations where specified (s 32).
Repeals listed. Schedule 1 lists repealed Acts such as the Remuneration (Statutory Bodies) Act 1979 and Remuneration Tribunal Act 1981 (Schedule 1).

The List of Amendments in the endnotes enumerates numerous specific section amendments and insertions, showing iterative refinement of Tribunal powers, ministerial duties, and the addition of new Divisions to cover local government and local authority members. For authoritative historical application one should consult the Act as reprinted with the incorporated amending Acts and the Endnotes, and check commencement clauses in the listed amending Acts for operative dates of discrete changes.

The statutory text and endnotes supplied do not identify any settled judicial decisions, appeals, or litigation that interpret provisions of this Act. The Act itself names no cases and the endnotes do not list judicial proceedings. As a result, the source contains no litigation history to catalogue or analyse.

Operational implications of the absence of litigation in the Act text are:

No judicially established interpretive precedent is recorded in the supplied material that clarifies the scope of discretionary powers such as the Administrator’s overriding power (s 11), the responsible Minister’s decision-making criteria (s 10), or the Tribunal’s discretion in conducting inquiries (s 22). Practitioners should therefore rely on the statutory text and, where relevant, consult contemporaneous Tribunal determinations and Ministerial decisions to understand practice.
Rights that might be litigated in other contexts, for example judicial officers’ remuneration protections under the Local Court Act 2015 referenced in s 7(1), are not adjudicated in this text. Where disputes arise about protections that cross this Act and other statutes, the litigation history will need to be obtained from court records rather than from the Act.
Tabling and publication obligations are parliamentary and administrative in nature. Any legal challenge to non-compliance by Ministers or the Administrator (for example, failure to table or publish a determination) would need to be brought under general administrative law principles or specific provisions in other statutes; the Act provides no express cause of action nor specified remedies.

If litigation precedent is required for advice or advocacy, search of Territory case law databases, administrative tribunal decisions and logs of judicial review actions would be necessary because such material is not included in the Act itself. The Act’s absence of a litigation record in the supplied source means statutory interpretation rests on the text, the structure of powers and duties, and the publicly available records of Tribunal determinations and Ministerial decisions, rather than on reported judicial construction.

This Act contains several technical and operational features that can produce traps for the unwary. The following are concrete issues drawn from the statutory text.

Tribunal acts only on Administrator's request

Many of the Tribunal’s powers are exercisable only when the Administrator requests an inquiry (for example ss 3A(1), 4(1), 7B(1), 8(1), 15(1)). If no request is made, the Tribunal will not automatically conduct reviews. Stakeholders who assume periodic automatic reviews should check whether a request has been made and whether transitional provisions continue previous arrangements (s 33, s 30).

Ministerial residual power requires Tribunal advice

The Minister may determine an entitlement of an Assembly member if the Tribunal has not done so (s 5(1)). However, before making such a determination, the Minister must seek written advice from the Tribunal (s 5(2A)) and must table the determination and the Tribunal’s advice in the Assembly within six sitting days (s 5(3)). Failure to obtain or table that advice does not make the text void but would be a breach of statutory process and a potential source of political or administrative challenge.

Notification timing for affected persons

For Tribunal determinations, the Minister must provide a copy of the determination to each person whose entitlements are affected within 14 days after receipt and before tabling it in the Assembly (s 21(2)). The sequence is important: affected persons must receive notice before tabling. Administrative processes must therefore schedule notification before the tabled date.

Regulations can remove Tribunal jurisdiction

Section 4(1C) states the Tribunal does not have power to inquire into matters prescribed by regulation. The Executive can therefore narrow the Tribunal’s jurisdiction by subordinate legislation, producing potentially significant, non-obvious exclusions from Tribunal review.

Administrator’s overriding power

Section 11 grants the Administrator power to determine entitlements of members of statutory bodies and to the extent of inconsistency displace provisions in classification determinations, section 10 decisions and administrative guidelines (s 11(1)-(2)). This centralises a final executive control that can override prior classification frameworks. Users must watch for determinations under s 11 and check how they interact with previous s 9 and s 10 instruments.

Subject-to-law caveats

Multiple provisions are expressly subject to the law establishing the statutory body (s 10(4), s 11(4), s 14(b)). Where a body’s establishing statute contains its own remuneration rules or protective provisions, those provisions can constrain the operation of this Act. Practitioners need to check the enabling statute when advising a statutory body.

Timing rules for local government allowances

Allowances determined for local government councillors and local authorities apply from a financial year that depends on the date of the Tribunal report (s 7B(7) and s 7E(9)). For example, reports made on or before 1 February apply from the next financial year; reports after 1 February apply from the financial year after the next. This can create a delay of up to two years between determination and application to budgets.

Determinations may adopt external documents

Determinations may incorporate external documents “as in force or existing at a particular time or from time to time” (s 20(1), s 9(3), s 11(3)). That can introduce reference-based indexation or link entitlements to instruments that change over time, creating complexity in interpretation and establishing operational dependencies on external registers or agreements.

Entitlements and former members limited and conditional

Section 4AA entitles certain former members (first elected 2005 or later, not receiving a pension) to entitlements determined by Tribunal, but s 4AB lists circumstances of disentitlement. Those qualified rules can create unexpected exclusions for individuals who assume they remain eligible.

No explicit sanctions for non-publication or delay

The Act mandates tabling and publication duties (s 12, s 21), but does not state specific penalties for non-compliance. Failure to table or publish has political and administrative consequences but not an express statutory penalty, so enforcement would likely rely on parliamentary scrutiny or judicial review where the failure engages reviewable administrative decisions.

Tribunal appointment and removal mechanics

Tribunal members are appointed and removable by the Administrator (s 17). The combined appointment and removal power may affect perceptions of independence. While removal is limited to grounds such as incompetence or misbehaviour (s 17(5)), the lack of further statutory restraints is a structural feature to note.

Transitional preservation of prior determinations

Several amending Acts and transitional sections preserve existing entitlements until new determinations take effect (s 30, s 33, ss 27-29). One must check transitional provisions tied to specific amendment Acts for any period-specific entitlements or retrospective adjustments (for example s 30A and s 31).

Operationally, those charged with administering entitlements should map these statutory constraints into processes: ensure an Administrator’s request is lodged for the desired inquiry; coordinate Tribunal advice before Ministerial determinations; calendar tabling timelines and 14 day notification requirements; review enabling statutes for conflicts; and plan budgets for delayed application dates for local government allowances.

This section sets out practical steps for different stakeholders to comply with the Act’s procedural and substantive requirements. The steps are grounded in the statutory provisions cited.

For Administrators (the Administrator of the Territory)

Use the Administrator’s request to trigger Tribunal inquiries where a review of basic salary, additional salary of office, entitlements, allowances, classification structures or other matters is required (ss 3A(1), 4(1), 7B(1), 8(1), 15(1)). Ensure requests specify whether the inquiry is for a specified time or at specified intervals (see s 3A(2), s 4(2), s 8(3), s 15(2)).
Where classification determinations for statutory bodies are needed, prepare a classification determination under s 9 setting classes of statutory bodies and entitlements for those classes, including whether to specify amounts or ranges (s 9(1)-(2)).
If exercising the special power under s 11 to determine entitlements for members of statutory bodies, ensure the determination is consistent with the law establishing the statutory body, expressly states any inconsistency with the classification determination or section 10 decisions, and documents the rationale and supporting material (s 11(1)-(4)).

For the Remuneration Tribunal and its members

When conducting inquiries, adopt the non-formal procedures allowed by s 22: receive and consider written and oral submissions, and make pragmatic decisions on evidence without being bound by the rules of evidence (s 22(1)-(2)).
Prepare a report for each inquiry that includes required determinations or recommendations, and give copies to the Administrator and Minister promptly (s 4A(1)-(4), s 7(2)-(4), s 8(4)-(6), s 15(4)-(6)).
If the Tribunal intends to adopt external documents in a determination, ensure the text of the external document and its effective date are clearly identified in the determination to avoid future ambiguity (s 20(1)).

For Ministers and responsible Ministers

The Minister administering this Act must table Tribunal reports and determinations in the Assembly within six sitting days of receipt (s 4A(5), s 7B(6), s 7E(8), s 15(7), s 21(3)). Build internal procedures to ensure timely tabling and maintain a register of deadlines for receipt and tabling.
When considering a responsible Minister’s decision under s 10 for classification allocation or amount setting, have regard to the administrative guidelines and any recommendations from the Minister administering this Act (s 10(2)). If administrative guidelines are not yet established, expect to record the factors considered to justify the decision (s 13).
Where the Minister must determine an entitlement for an Assembly member in the absence of a Tribunal determination (s 5(1)), seek written advice from the Tribunal before deciding (s 5(2A)) and arrange tabling of the determination and that written advice within six sitting days (s 5(3)).

For statutory bodies, local government councils, local authorities and other affected officers

Track whether a Tribunal inquiry is requested by the Administrator, and prepare submissions to the Tribunal in advance. The Tribunal may take submissions in any form (s 22(2)(c)), so provide clear evidence on comparability, workloads and costs relating to proposed entitlements.
For local government allowances, calendar the timing rules: if the Tribunal report is made on or before 1 February, allowances apply from the next financial year; if after 1 February, apply from the financial year after the next (s 7B(7) and s 7E(9)). Reflect these timing rules in budget planning and forward estimates.
If a classification determination provides a range and the responsible Minister decides amounts under s 10(1)(b), be prepared to engage with the Minister and supply data and justification for a particular amount within the range (ss 9(2)(b), 10(1)(b)).
For officers whose entitlements are determined by the Administrator under s 16 (other statutory officers), verify that any determinations do not conflict with the law establishing the office (s 16(1)-(3)).

For departments charged with publication and notification

Implement the publication duty under s 12 by preparing, maintaining and promptly updating a consolidated public document that incorporates classification determinations, responsible Minister decisions under s 10, Administrator determinations under s 11 and provisions preserved under s 29. Use electronic publication and ensure updates occur as soon as practicable after changes (s 12(1)-(3)).
For Tribunal determinations, ensure affected persons receive copies within 14 days of Minister receipt and prior to tabling (s 21(2)). Implement checklist controls so that notification precedes any tabling ceremony in the Assembly and to document evidence of compliance.
Maintain a register of determinations, reports and tabling dates to evidence statutory compliance and to support budget forecasting for entitlements that apply in future financial years (s 7B(7), s 7E(9)).

Governance and record-keeping

Document the legal basis for every entitlement, whether it derives from a Tribunal determination, a classification determination and s 10 decision, an Administrator’s determination under s 11, or a Ministerial determination under s 5 or s 16. Record cross-references to any external documents incorporated into determinations (s 20(1)).
Where entitlements are subject to approval by a specified person under a determination (s 20(2)(b)), set up approval workflows, delegations and criteria to ensure consistent application.

Risk management and planning

Anticipate that some Tribunal inquiries may be for specified intervals or time periods (see ss 3A(2), 4(2), 8(3), 15(2)). Plan submissions and budget adjustments in line with periodic reviews.
Be alert to the possibility that regulations may remove Tribunal jurisdiction over particular matters (s 4(1C)). Confirm the current regulations to identify excluded matters.

By mapping statutory obligations into discrete operational tasks and calendar dates, agencies and officers can comply with the Act’s procedural duties and ensure entitlements are determined, notified and tabled in accordance with the statutory timetable.

Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006

Plain English Summary

Deep Dive

What it does

Current sections

Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006

Source text: opening excerpt

1 Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

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How to comply