The law creates a statutory pay-and-entitlements system for NSW parliamentarians: it fixes a basic salary for members, specifies extra pay/allowances for recognised office‑holders, and provides superannuation and optional employment‑benefit/salary‑sacrifice arrangements. A Parliamentary Remuneration Tribunal and designated employer administer and determine entitlements, funded from the Consolidated Fund. It matters because it sets who gets paid what, the fiscal cost to the State, and gives broad administrative discretion with limited judicial review.
This Act sets the statutory framework for paying members of the New South Wales Parliament, their recognised office holders and certain related entitlements. At a mechanical level the Act:
Establishes the Parliamentary Remuneration Tribunal (the Tribunal) to make determinations about the basic salary, additional salaries, expense allowances and employment benefits (s 14G; Sch 2; s 9).
Defines the basic salary, gives the Tribunal power to fix it, and requires the Tribunal to have regard to the fiscal position when making determinations (s 4(1)-(3)). A temporary statutory cap on the 2025-26 increase is provided by s 4A, which limits that year’s increase to 3.5% despite a Tribunal determination that would otherwise have set 4% (s 4A; note).
Entitles every member to a basic salary (s 5) and entitles recognised office holders to additional salaries and expense allowances calculated as percentages of the basic salary as set out in Schedule 1 (s 6; Sch 1). Where a person holds more than one office in Schedule 1, remuneration applies only to the office with the greatest applicable remuneration (s 6(3)).
Creates a separate regime for employment benefits (salary packaging and other benefits) available at the member’s election, subject to approval by the designated employer and to Tribunal determinations about types, conditions and costing (s 6A-6C; s 6B).
Provides a superannuation regime for post‑2007 members: the State must make superannuation contributions at the prescribed salary contribution percentage (normally 9% unless regulations prescribe otherwise) and allows members to nominate the First State Superannuation Fund or an alternative complying fund or account (ss 14B-14F).
Sets a timetable and process for annual determinations of additional entitlements (annual determination on or before 1 June with effect from 1 July; s 11), and allows the Minister to require special determinations (s 12; s 6C).
Current sections
Direct links to the current provisions in Parliamentary Remuneration Act 1989.
(1) This Act commences on 1 July 1990, except as provided by this section.
(2) For the purpose of making an annual determination with effect from 1 July 1990, Part 3 and Schedule 2 commence on the date of assent to this Act. They commence for all purposes on 1 July 1990.
2A
Purpose of Act
2A Purpose of Act
2A Purpose of Act
(1) The purpose of this Act is to provide a system under which—
(a) all members are provided with statutory salaries (the basic salary) that are paid as personal income or received as employment benefits for the performance of their parliamentary duties as members, and
(b) all or some recognised office holders are provided with statutory additional salaries that are paid as personal income for the performance of their parliamentary duties as recognised office holders, and
(c) all or some recognised office holders are provided with statutory expense allowances for the purpose of facilitating the efficient performance of their parliamentary duties as recognised office holders, and
(d) all or some members and all or some recognised office holders may be provided with additional allowances and other entitlements for the purpose of facilitating the efficient performance of their parliamentary duties as members or recognised office holders, and
(e) superannuation arrangements are provided for members who are not continuing members of the closed Parliamentary Contributory Superannuation Fund.
(2) Nothing in this section gives rise to any civil cause of action or can be taken into account in any civil proceedings.
s 2A: Ins 1998 No 84, Sch 1 [1]. Am 2005 No 110, Sch 2 [1]; 2009 No 62, Sch 1 [1].
3
Definitions
3 Definitions
3 Definitions
(1) In this Act—
additional entitlements means the electoral allowance and other additional entitlements under Part 3.
basic salary has the meaning given by section 4.
designated employer—see section 6A.
determination means an annual determination of the Tribunal under section 11 or a special determination of the Tribunal under section 12.
employment benefit—see section 6A.
member means a member of either House of Parliament.
parliamentary duties of a member or recognised office holder means the duties that attach to the office of a member or recognised office holder, and includes the duties that a member or recognised office holder is ordinarily expected to undertake, including participation in the activities of recognised political parties, and includes any duties prescribed as being within this definition, but does not include any duties prescribed as being outside this definition.
President means the President of the Industrial Relations Commission.
recognised office holder means the holder of an office for the time being specified in Schedule 1.
remuneration means remuneration by way of salary, additional salary or expense allowance under Part 2.
salary sacrifice contribution means a superannuation contribution made for a member by way of salary sacrifice.
Tribunal means the Parliamentary Remuneration Tribunal established under this Act.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes in the text of this Act do not form part of this Act.
s 3: Am 1998 No 84, Sch 1 [2] [3]; 2001 No 105, Sch 1 [1]; 2005 No 110, Sch 2 [2]; 2009 No 62, Sch 1 [2]; 2016 No 48, Sch 2.28 [1]; 2023 No 41, Sch 2.26[1].
Part 2
Parliamentary remuneration
Part 2 Parliamentary remuneration
Part 2 Parliamentary remuneration
4
Definition of basic salary
4 Definition of basic salary
4 Definition of basic salary
(1) For the purposes of this Act, the basic salary is as follows—
(a) until the Tribunal otherwise determines, the amount of the annual allowance by way of salary payable under the law of the Commonwealth to a member of the House of Representatives who is not entitled to any additional salary, less $500,
(b) the amount determined by the Tribunal from time to time in accordance with this section.
(2) The Tribunal may make a determination fixing the amount of the basic salary. Determinations are to be made at such times as the Tribunal thinks fit or the Minister directs.
(3) In making a determination, the Tribunal must have regard to—
(a) the fiscal position and outlook of the Government, and
(b) the likely effect of the making of the determination on the position and outlook.
(4) (Repealed)
s 4: Subst 2011 No 25, Sch 1 [1]. Am 2025 No 8, Sch 1.7.
4A
Temporary arrangements for basic salary for 2025–26 financial year
4A Temporary arrangements for basic salary for 2025–26 financial year
4A Temporary arrangements for basic salary for 2025–26 financial year
(1) For the relevant financial year, the basic salary is the amount equal to the total of the following—
(a) the basic salary in effect on 30 June 2025,
(b) the amount that is 3.5% of the basic salary in effect on 30 June 2025.
(2) Subsection (1) applies despite—
(a) section 4, or
(b) a determination made under section 4, whether made before or after the commencement of this section.
(3) In this section—
relevant financial year means the period—
(a) starting on 1 July 2025, and
(b) ending on 30 June 2026.
Note—
The Tribunal, in the “Annual Determination Report and Determination of additional entitlements for Members of the Parliament of New South Wales pursuant to the Parliamentary Remuneration Act 1989” dated 22 July 2025, determined that, under this Act, section 4, a member’s basic salary was to be increased by 4% for the 2025–26 financial year. The effect of this section is to limit the increase in a member’s basic salary to 3.5% for the 2025–26 financial year, despite the Tribunal’s determination.
s 4A: Ins 2023 No 6, Sch 1. Rep 1989 No 160, sec 4A(3). Ins 2025 No 43, Sch 1.
5
Salary of members (other than recognised office holders)
5 Salary of members (other than recognised office holders)
5 Salary of members (other than recognised office holders)
A member who is not a recognised office holder is entitled to be paid a salary at the annual rate of the basic salary.
6
Salary and expense allowance of recognised office holders
6 Salary and expense allowance of recognised office holders
6 Salary and expense allowance of recognised office holders
(1) A recognised office holder is entitled to be paid—
(a) a salary at the annual rate of the basic salary,
(b) an additional salary (if any) at an annual rate calculated as a percentage of the basic salary, being the percentage specified opposite the relevant office in the second column of Schedule 1, and
(c) an expense allowance (if any) at an annual rate calculated as a percentage of the basic salary, being the percentage specified opposite the relevant office in the third column of Schedule 1.
(2) The amount of any such additional salary or expense allowance is to be calculated to the nearest dollar.
(3) A person who holds 2 or more of the offices specified in Schedule 1 is entitled to the remuneration under this section that is applicable to only one of them, whichever has the greater or greatest such remuneration.
(4) The regulations may amend or substitute Schedule 1.
Part 2A
Employment benefits
Part 2A Employment benefits
Part 2A Employment benefits
pt 2A: Ins 2009 No 62, Sch 1 [3].
6A
Employment benefits
6A Employment benefits
6A Employment benefits
(1) A member (including a recognised office holder) is entitled to be provided with employment benefits if the member elects by notice in writing to the designated employer to be provided with those benefits and if the designated employer approves of that election.
(2) For the purposes of this section, an employment benefit is a benefit (other than a salary sacrifice contribution) that—
(a) is or is to be provided to a member at the cost of the State, and
(b) is of a private nature, and
(c) is of a kind approved as an employment benefit by a determination of the Tribunal, either generally or in relation to any member or class of members.
(3) The cost of providing an employment benefit (including any applicable tax or administrative costs) is to be as determined from time to time by the designated employer and the remuneration otherwise payable to the member is reduced by the cost of providing the benefit.
(4) The designated employer may from time to time determine the terms and conditions on which, including the manner in which, employment benefits are to be provided.
(5) Any determination by the designated employer under this section as to the costing or terms and conditions of, or any other matter relating to, the provision of employment benefits is to be consistent with any determination of the Tribunal relating to those matters.
(6) The provision of an employment benefit to a member may be terminated at any time by the member by notice in writing to the designated employer.
(7) For the purposes of this section, the designated employer is the person holding the position of Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services or the holder of a position of the following kind that is prescribed by the regulations for the purposes of this section—
(a) a position of an officer of either House of Parliament,
(b) any position under the separate control of the President or Speaker, or under their joint control.
(8) This section has effect despite anything to the contrary in this Act, the Constitution Act 1902 or any other Act.
s 6A: Ins 2009 No 62, Sch 1 [3].
6B
Functions of Tribunal relating to employment benefits
6B Functions of Tribunal relating to employment benefits
6B Functions of Tribunal relating to employment benefits
(1) The Tribunal may, from time to time, make determinations with regard to employment benefits.
(2) The Tribunal may, by a determination—
(a) fix the type of benefits that may be provided as employment benefits, and
(b) fix conditions on which employment benefits are to be provided, and
(c) make provision for the costing of employment benefits.
(3) A determination may amend or revoke a determination that has already been made.
(4) A determination or a provision of a determination may relate to all or any members or to any class of members.
(5) In fixing the type of benefits that may be provided as employment benefits, the Tribunal may only approve a benefit of a kind that is available to a Public Service employee (other than a benefit that is only available to Public Service senior executives within the meaning of the Government Sector Employment Act 2013).
s 6B: Ins 2009 No 62, Sch 1 [3]. Am 2017 No 22, Sch 4.30.
6C
Special determinations as to employment benefits
6C Special determinations as to employment benefits
6C Special determinations as to employment benefits
(1) The Minister may direct that a special determination be made by the Tribunal as regards employment benefits.
(2) Any such direction—
(a) may relate to all or any employment benefits or any class of them, and
(b) may relate to all or any individual members and recognised office holders or to any class of them.
(3) A special determination is to be made by such time as the Minister directs and is to take effect from such time as the Tribunal specifies in the determination.
s 6C: Ins 2009 No 62, Sch 1 [3].
7
7
7 (Repealed)
Part 3
Additional entitlements
Part 3 Additional entitlements
Part 3 Additional entitlements
pt 3, hdg: Am 1998 No 84, Sch 1 [5].
8
8
8
(Renumbered as sec 14G)
s 8: Am 2009 No 62, Sch 1 [4]. Renumbered as sec 14G, 2009 No 62, Sch 1 [19].
9
Tribunal may make determinations as to additional entitlements
9 Tribunal may make determinations as to additional entitlements
9 Tribunal may make determinations as to additional entitlements
The Tribunal may make determinations of additional entitlements that are to be available to a member or recognised office holder.
s 9: Am 1998 No 13, Sch 3 [1]. Subst 1998 No 84, Sch 1 [6]. Subst 2009 No 62, Sch 1 [5].
10
General provisions as to determinations of additional entitlements
10 General provisions as to determinations of additional entitlements
10 General provisions as to determinations of additional entitlements
(1) In making determinations under this Part, the Tribunal is to give effect to the following principles—
(a) additional entitlements are to be provided for the purpose of facilitating the efficient performance of the parliamentary duties of members or recognised office holders,
(b) parliamentary duties of members and recognised office holders include participation in the activities of recognised political parties.
(2) Members and recognised office holders are entitled to an electoral allowance and other additional entitlements in accordance with the provisions of applicable determinations of the Tribunal under this Part.
(2A) The Tribunal may, by a determination—
(a) fix the amount of the electoral allowance, and
(b) fix the classes, terms and other incidents of other additional entitlements.
(2B) The following provisions apply to the electoral allowance—
(a) the allowance is payable to members (whether or not recognised office holders),
(b) the allowance is payable in money,
(c) the allowance is payable as compensation in respect of all incidents of the performance of parliamentary duties (other than those compensated or reimbursed by other additional entitlements),
(d) different amounts may be fixed for different members or classes of members.
(2C) Subsections (3) and (4) apply to determinations with respect to additional entitlements, other than the electoral allowance.
(3) A determination may provide for additional entitlements in any form, including but not limited to—
(a) the payment of additional allowances in terms of allowances, fees and other emoluments payable in money (including for example travel allowances, travel expenses, and committee allowances), and
(b) the provision of services, facilities and equipment (including for example electorate services, electorate staff, electorate offices, office equipment, travel, and communication equipment).
(4) A determination may—
(a) fix conditions on which an additional entitlement is to be provided, and may specify the form of substantiation (if any) that is required for particular kinds of additional entitlements, and
(b) involve the reimbursement of the whole or a part of actual expenses, and
(c) identify an existing entitlement as an additional entitlement, and
(d) withdraw or alter an additional entitlement.
(5) However, a determination may not grant, withdraw or otherwise deal with entitlements for travel outside Australia.
(6) A determination may amend or revoke a determination that has already been made.
(7) A determination or a provision of a determination may relate to all or any individual members and recognised office holders or to any class of them.
(8) (Repealed)
s 10: Subst 1998 No 84, Sch 1 [7]. Am 2001 No 105, Sch 1 [2]–[4]; 2009 No 62, Sch 1 [6].
11
Annual determinations of additional entitlements
11 Annual determinations of additional entitlements
11 Annual determinations of additional entitlements
(1) An annual determination as regards additional entitlements is to be made on or before 1 June in each year (or such later date as the President directs under this section), with effect from 1 July in that year.
(2) The President may, because of the illness of the person holding office as the Tribunal or for any other reason that seems proper to the President, from time to time by order published in the Gazette, direct that a particular annual determination is to be made on or before a later specified date.
(3) If an annual determination is not made by 1 July in a year, additional entitlements are to continue to be provided on the current basis, and additional entitlements in the nature of additional allowances continue to be payable at the rates at which they were payable before that date, until payment of additional allowances can be effected in accordance with the determination, but any necessary adjustments are to be made as a result of the making of the determination.
s 11: Am 1998 No 84, Sch 1 [8]–[10]; 1999 No 31, Sch 2.25; 2016 No 48, Sch 2.28 [2]; 2023 No 41, Sch 2.26[2].
12
Special determinations of additional entitlements
12 Special determinations of additional entitlements
12 Special determinations of additional entitlements
(1) The Minister may direct that a special determination be made as regards additional entitlements.
(2) Such a direction—
(a) may relate to all or any additional entitlements or to any class of them, and
(b) may relate to all or any individual members and recognised office holders or to any class of them.
(3) A special determination is to be made by such time as the Minister directs and is to take effect from such time as the Tribunal specifies in the determination.
s 12: Am 1998 No 84, Sch 1 [11] [12].
12A
Financial implications of determinations
12A Financial implications of determinations
12A Financial implications of determinations
(1) In making a determination under this Part, the Tribunal is to have regard to the financial implications of the determination for the State.
(2) The Tribunal is required—
(a) to invite the Secretary of the Treasury to make submissions to the Tribunal about those financial implications, and
(b) to take any submission so made into account before making the determination.
(3) A copy of any such submission made by the Secretary of the Treasury is to be included as an annexure to the determination.
s 12A: Ins 2001 No 105, Sch 1 [5]. Am 2009 No 62, Sch 1 [7].
13
13
13, 14
(Renumbered as secs 14H, 14I)
s 13: Am 1998 No 84, Sch 1 [13] [14]; 2001 No 105, Sch 1 [6]. Renumbered as sec 14H, 2009 No 62, Sch 1 [19].
s 14: Am 1998 No 84, Sch 1 [15]. Renumbered as sec 14I, 2009 No 62, Sch 1 [19].
Part 3A
Parliamentary superannuation
Part 3A Parliamentary superannuation
Part 3A Parliamentary superannuation
pt 3A: Ins 1998 No 13, Sch 3 [2].
Division 1
Approval of amendments to Parliamentary Contributory Superannuation Act 1971
Division 1 Approval of amendments to Parliamentary Contributory Superannuation Act 1971
(2) In determining whether any amendment is warranted, the Tribunal—
(a) must have regard to the Heads of Government Agreement, that commenced on 1 July 1996, relating to the exemption of certain State public sector superannuation schemes from the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, including whether the amendment is consistent with that agreement, and
(b) must have regard to the effects of any proposed amendment on the present and future liabilities of the Parliamentary Contributory Superannuation Fund, and
(c) may obtain, and have regard to, actuarial advice relating to the costs and effects of any proposed amendment.
(3) If the Tribunal determines that an amendment is warranted, the Tribunal must issue a certificate approving the amendment and forward it to the member of the Legislative Assembly requesting the determination. If the member proposes to proceed with or support the amendment, the member is to cause the certificate to be laid before the Legislative Assembly (unless a certificate to the same effect has already been laid before the Legislative Assembly in the same Session of Parliament).
(4) The Tribunal must cause a determination that an amendment is warranted to be published in the Gazette if notified by any member of the Legislative Assembly that the member proposes to proceed with or support the amendment.
(5) Section 14I applies to the Tribunal in the exercise of its functions under this Division in the same way as it applies to the exercise of its functions in making determinations.
(6) Without affecting the generality of section 14I, the Tribunal may, in considering whether to approve an amendment, invite submissions from the Trustees of the Parliamentary Contributory Superannuation Fund.
s 14A: Ins 1998 No 13, Sch 3 [2]. Am 2005 No 110, Sch 2 [4]; 2009 No 62, Sch 1 [8].
Division 2
Superannuation arrangements for post-2007 members
Division 2 Superannuation arrangements for post-2007 members
Division 2 Superannuation arrangements for post-2007 members
Section 4A of the Parliamentary Contributory Superannuation Act 1971 closes the Parliamentary Contributory Superannuation Scheme to members elected at or after the 2007 general election (other than existing members who are re-elected).
(i) the remuneration payable to the member by way of basic salary and additional salary (if any),
(ii) the cost of any employment benefits provided to the person (as determined by the designated employer),
(iii) the amount of any additional superannuation contributions made by way of salary sacrifice under section 14F, or
(c) the salary of the member prescribed by the regulations for the purposes of this definition,
whichever is the greatest.
2007 general election means the first State general election held after the commencement of this section.
s 14C: Ins 2005 No 110, Sch 2 [5]. Am 2009 No 62, Sch 1 [9] [10].
14D
Superannuation contributions for members
14D Superannuation contributions for members
14D Superannuation contributions for members
(1) The State of New South Wales must make, for each member, a superannuation contribution equivalent to the salary contribution percentage for the person for each financial year, or part, for which the person is a member of Parliament.
(2) A contribution is not required to be made in respect of any period before the 2007 general election.
(3) The superannuation contribution payable under this section, and any additional contributions under section 14F, are payable out of the Consolidated Fund, which, to the necessary extent, is appropriated accordingly.
(4) In this section—
salary contribution percentage for a person means—
(a) 9% of the salary, unless paragraph (b) applies, or
(b) such other greater percentage of the salary of the person as may be prescribed by the regulations for the purposes of this definition.
s 14D: Ins 2005 No 110, Sch 2 [5].
14E
Payment of superannuation contributions
14E Payment of superannuation contributions
14E Payment of superannuation contributions
(1) The contribution payable under section 14D for a member is to be paid—
(a) to the First State Superannuation Fund, or
(b) if a nomination is in force under this section, to the nominated complying superannuation fund, complying approved deposit fund or retirement savings account.
(2) A member may, by notice in writing to the Treasurer, nominate a complying superannuation fund other than the First State Superannuation Fund or a complying approved deposit fund or retirement savings account as the fund or account to which the contribution is to be paid.
(3) A member may, by notice in writing to the Treasurer, revoke or vary a nomination under this section at any time.
(4) The regulations may make provision for or with respect to matters relating to membership of the First State Superannuation Fund of members for whom contributions are paid to the Fund under this section and other ancillary matters. The regulations may, for that purpose, apply provisions of the First State Superannuation Act 1992 with any necessary modifications.
s 14E: Ins 2005 No 110, Sch 2 [5].
Division 3
Salary sacrifice for additional superannuation contributions
Division 3 Salary sacrifice for additional superannuation contributions
Division 3 Salary sacrifice for additional superannuation contributions
(1) A member may elect, by notice in writing to the designated employer, to make additional superannuation contributions by way of salary sacrifice contributions.
(2) A salary sacrifice contribution is a contribution paid in accordance with an approval by the designated employer under which the member elects to forgo remuneration yet to be earned and the remuneration foregone is to be applied by the designated employer as a superannuation contribution to a superannuation fund, approved deposit fund or retirement account.
(3) An election may be made at any time, but only in respect of future salary payments.
(4) An election is to specify the percentage or amount of the member’s basic salary and additional salary (if any) payable to the member that is to be used to make the additional superannuation contributions.
(4A) If an election is made by a contributor to the PCSS, the election is to specify that the additional superannuation contributions are to be paid to one of the following—
(a) the First State Superannuation Fund,
(b) a complying superannuation fund,
(c) a complying approved deposit fund,
(d) a retirement savings account.
(5) An election is to be in the form approved by the designated employer and to be accompanied by the information required by the designated employer.
(6) A member may elect, by notice in writing to the designated employer, to vary or revoke an election.
(7) An election takes effect when it is approved by the designated employer and the trustee or administrator of the superannuation fund or account concerned.
(8) If an election is in force under this section—
(a) the basic salary and additional salary (if any) otherwise payable to the member is to be reduced by the amount of the contributions (despite any other provision of this Act), and
(b) any such contributions are to be paid to the First State Superannuation Fund, or to another complying superannuation fund, a complying approved deposit fund or a retirement savings account nominated by the member for that purpose under section 14E or this section.
s 14F: Ins 2005 No 110, Sch 2 [5]. Am 2009 No 62, Sch 1 [13]–[17].
Part 3B
The Tribunal
Part 3B The Tribunal
Part 3B The Tribunal
pt 3B, hdg: Ins 2009 No 62, Sch 1 [18].
14G
The Tribunal
14G The Tribunal
14G The Tribunal
(1) For the purposes of this Act, there is established a Tribunal to be known as the Parliamentary Remuneration Tribunal.
(2) Schedule 2 has effect with respect to the Tribunal.
(3) The Tribunal has such powers, authorities, duties or functions as are conferred or imposed on it by or under this or any other Act.
s 14G (previously s 8): Renumbered 2009 No 62, Sch 1 [19].
14H
Reports of the Tribunal
14H Reports of the Tribunal
14H Reports of the Tribunal
(1) The Tribunal is to make a report to the President of each determination under this Act.
(2) The President is, as soon as practicable after receipt of the report, to forward it to the Minister.
(3) The Minister is, as soon as practicable after receipt of the report, to cause a copy of it to be laid before each House of Parliament.
(4) A determination is, as soon as practicable after it is made, to be published in the Gazette.
(5) (Repealed)
s 14H (previously s 13): Renumbered 2009 No 62, Sch 1 [19]. Am 2016 No 48, Sch 2.28 [2]; 2023 No 41, Sch 2.26[2].
14I
Inquiries etc by the Tribunal
14I Inquiries etc by the Tribunal
14I Inquiries etc by the Tribunal
(1) In the performance of its functions, the Tribunal—
(a) may inform itself in such manner as it thinks fit and may conduct such inquiries as it thinks fit, and
(b) may receive written or oral submissions, and
(c) is not required to conduct any proceeding in a formal manner, and
(d) is not bound by the rules of evidence, and
(e) is to consider any submissions furnished by the Minister.
(2) Without affecting the generality of subsection (1), the Tribunal may invite submissions from recognised office holders, members, officers of the Legislature, members and officers of statutory bodies and government departments and any other persons.
s 14I (previously s 14): Renumbered 2009 No 62, Sch 1 [19].
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
15
Payment of Parliamentary remuneration, allowances and employment benefits
15 Payment of Parliamentary remuneration, allowances and employment benefits
15 Payment of Parliamentary remuneration, allowances and employment benefits
(1) Remuneration is payable in such manner, and subject to such provisions, as may be prescribed by the regulations.
(2) Additional allowances are payable in such manner, and subject to such provisions, as may be specified in a determination that is in force.
(3) An additional allowance that is abolished or replaced ceases to be payable, in accordance with the terms of the determination.
(4) An additional allowance whose rates or conditions are modified by a determination becomes payable in its modified form instead of its previous form, in accordance with the terms of the determination.
(4A) Employment benefits are subject to such provisions as may be specified in a determination that is in force.
(5) Any payment of remuneration or additional allowances to which a person is entitled under this Act, or any part of any such payment, not drawn by the person or on the person’s behalf within 28 days after the payment becomes due and payable reverts to the Treasury and becomes part of the Consolidated Fund.
(6) All remuneration payable by virtue of this Act (including the cost of providing employment benefits and salary sacrifice contributions) is payable out of the Consolidated Fund, which, to the necessary extent, is appropriated accordingly.
s 15: Am 1998 No 84, Sch 1 [16] [17]; 2009 No 62, Sch 1 [20] [21].
15A
Entitlements generally
15A Entitlements generally
15A Entitlements generally
(1) Nothing in this Act is to be construed as preventing members or recognised office holders from being provided with entitlements apart from this Act, including for example—
(a) offices and facilities at Parliament House, or
(b) offices and facilities for Ministers elsewhere, or
(c) travel by Ministers.
(2) To the extent to which additional entitlements under this Act, or any such entitlements provided apart from this Act, need to be funded, they are to be provided out of money to be appropriated by Parliament or otherwise legally available.
s 15A: Ins 1998 No 84, Sch 1 [18].
16
Terms of office
16 Terms of office
16 Terms of office
(1) For the purposes of this Act, a person elected as a member of the Legislative Council is to be taken—
(a) to become a member of the Legislative Council on the day of his or her election, and
(b) to cease to be a member of the Legislative Council on—
(i) the day of his or her death, or
(ii) the day on which his or her seat as such a member becomes vacant, otherwise than pursuant to section 22B (1) (c) of the Constitution Act 1902, or
(iii) the day appointed for the taking of the poll for the periodic Council election within the meaning of that Act that next follows the day on which he or she ceases, pursuant to section 22B (1) (c) of that Act, to be a member of the Legislative Council,
whichever first occurs.
(2) For the purposes of this Act, a person elected as a member of the Legislative Assembly is to be taken—
(a) to become a member of the Legislative Assembly on the day of his or her election, and
(b) to cease to be a member of the Legislative Assembly on—
(i) the day of his or her death, or
(ii) the day on which his or her seat as such a member becomes vacant, otherwise than by reason of the fact that that Assembly has been dissolved or has expired by the effluxion of time, or
(iii) the day appointed for the taking of the poll for the general election of members of the Legislative Assembly next following his or her election,
whichever first occurs.
(3) For the purposes of this Act, a person who continues as President, or as Deputy President and Chair of Committees, of the Legislative Council under section 22G (6A) of the Constitution Act 1902 does not cease to be a member of the Legislative Council while so continuing as President or as Deputy President and Chair of Committees.
(4) For the purposes of this Act, a person who continues as Speaker, or as Deputy Speaker, of the Legislative Assembly under section 31 (5) of the Constitution Act 1902 does not cease to be a member of the Legislative Assembly while so continuing as Speaker or as Deputy Speaker.
s 16: Am 2014 No 61, Sch 2.
17
17
17 (Repealed)
17A
Rulings
17A Rulings
17A Rulings
(1) The President of the Legislative Council or the Speaker of the Legislative Assembly may request the Tribunal to give a ruling on the interpretation or application of a determination.
(2) The Tribunal is required to give the requested ruling within a reasonable period, unless the request is withdrawn.
s 17A: Ins 1998 No 84, Sch 1 [19].
18
Determinations or rulings not to be subject to judicial review
18 Determinations or rulings not to be subject to judicial review
18 Determinations or rulings not to be subject to judicial review
A determination (including a determination under section 14A) of the Tribunal, or a ruling of the Tribunal under section 17A, may not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition, mandamus, certiorari or otherwise.
s 18: Am 1998 No 13, Sch 3 [3]; 1998 No 84, Sch 1 [20].
19
Repeal of Parliamentary Remuneration Tribunal Act 1975 No 25 and Parliamentary Remuneration Tribunal (Special Provisions) Act 1989 No 70
19 Repeal of Parliamentary Remuneration Tribunal Act 1975 No 25 and Parliamentary Remuneration Tribunal (Special Provisions) Act 1989 No 70
(2) Nothing in this Act affects the payment of remuneration under the repealed Acts for any period before the commencement of this Act.
(3) A person is entitled to payment of remuneration under the repealed Acts (excluding remuneration by way of salary or expense allowances, but including special expenses allowances) for the period from the commencement of this Act until additional allowances are first determined under this Act, as if the repealed Acts were still in force.
(4) Payments under this Act are to be adjusted to avoid payment of a double benefit of the same kind for the same period through the operation of subsection (3).
(5) The provisions of section 15 (5) and (6) extend to remuneration referred to in this section.
20
Savings, transitional and other provisions
20 Savings, transitional and other provisions
20 Savings, transitional and other provisions
Schedule 3 has effect.
s 20: Rep 1999 No 85, Sch 4. Ins 2001 No 105, Sch 1 [7]. Subst 2002 No 41, Sch 1 [1].
21
Regulations
21 Regulations
21 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule 1
Additional salaries and expense allowances
Schedule 1 Additional salaries and expense allowances
Schedule 1 Additional salaries and expense allowances
(Sections 3, 6)
| Recognised office holder | Additional salary | Expense allowance |
| Part 1 Ministers |
| Premier | 95% | 55% less such percentage as is necessary to reduce the Premier’s expense allowance by $15,000 |
| Deputy Premier | 76% | 27% |
| Minister who is Leader of Government Members in the Legislative Council | 78% | 26% |
| Minister who is Deputy Leader of Government Members in the Legislative Council | 70% | 26% |
| Senior Ministers, being Ministers not referred to above who are designated as Senior Ministers by the Premier | 67% | 26% |
| Other Ministers | 57% | 26% |
| Part 2 Other office holders |
| President of the Legislative Council | 57% | 26% |
| Speaker of the Legislative Assembly | 57% | 26% |
| Deputy Speaker of the Legislative Assembly | 30% | 20% |
| Parliamentary Secretary to the Premier (Leader of the House) in the Legislative Assembly | 30% | 20% |
| Deputy Leader of the Government in the Legislative Council (when not a Minister) | 20% | 14% |
| Deputy President and Chair of Committees in the Legislative Council | 30% | 20% |
| Assistant Speaker of the Legislative Assembly | 20% | 14% |
| Leader of the Opposition, when not Leader or Deputy Leader of the Opposition in the Legislative Council or Leader or Deputy Leader of the Opposition in the Legislative Assembly | 57% | 26% |
| Leader of the Opposition in the Legislative Council | 20% | 14% |
| Assistant President in the Legislative Council | 20% | 14% |
| Deputy Leader of the Opposition in the Legislative Council (when leader of a party) | 11% | 14% |
| Deputy Leader of the Opposition in the Legislative Council (when not leader of a party) | 11% | 6% |
| Deputy Leader in the Legislative Council (other than the Leader of the Opposition or the Deputy Leader of the Opposition) of a recognised political party not fewer than 9 members of which are members of the Legislative Council and of which no member is a Minister | 20% | 14% |
| Leader of the Opposition in the Legislative Assembly (when leader of a party) | 57% | 26% |
| Leader of the Opposition in the Legislative Assembly (when not leader of a party) | 0% | 0% |
| Deputy Leader of the Opposition in the Legislative Assembly | 7% | 6% |
| Government Whip in the Legislative Council | 13% | 7% |
| Deputy Government Whip in the Legislative Council | 7% | 6% |
| Opposition Whip in the Legislative Council | 13% | 7% |
| Deputy Opposition Whip in the Legislative Council | 7% | 6% |
| Government Whip in the Legislative Assembly | 13% | 7% |
| Opposition Whip in the Legislative Assembly | 13% | 7% |
| Leader in the Legislative Assembly (other than the Leader of the Opposition or the Deputy Leader of the Opposition) of a recognised political party not fewer than 10 members of which are members of the Legislative Assembly and of which no member is a Minister | 20% | 14% |
| Deputy Leader in the Legislative Assembly of such a recognised political party | 13% | 7% |
| Whip in the Legislative Assembly of a recognised political party not fewer than 10 members of which are members of the Legislative Assembly | 11% | 7% |
| Parliamentary Secretary in the Legislative Council | 13% | 7% |
| Parliamentary Secretary in the Legislative Assembly | 13% | 7% |
| Deputy Whip in the Legislative Assembly of a recognised political party not fewer than 40 members of which are members of the Legislative Assembly | 11% | 7% |
| Chair of the Committee on Children and Young People constituted under the Advocate for Children and Young People Act 2014 | 6.25% | 6.25% |
| Chair of the Committee on the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993 | 6.25% | 6.25% |
| Chair of the Committee on the Independent Commission Against Corruption constituted under the Independent Commission Against Corruption Act 1988 | 6.25% | 6.25% |
| Chair of the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the Ombudsman Act 1974 | 6.25% | 6.25% |
| Chair of the Legislation Review Committee constituted under the Legislation Review Act 1987 | 6.25% | 6.25% |
| Chair of the Public Accounts Committee constituted under the Government Sector Audit Act 1983 | 6.25% | 6.25% |
| Chair of the Standing Committee on Parliamentary Privilege and Ethics of the Legislative Assembly | 6.25% | 6.25% |
| Chair of the Legislative Assembly Committee on Community Services | 6.25% | 6.25% |
| Chair of the Legislative Assembly Committee on Environment and Planning | 6.25% | 6.25% |
| Chair of the Legislative Assembly Committee on Law and Safety | 6.25% | 6.25% |
| Chair of the Legislative Assembly Committee on Transport and Infrastructure | 6.25% | 6.25% |
| Chair of the Legislative Assembly Committee on Investment, Industry and Regional Development | 6.25% | 6.25% |
| Chair of the Law and Justice Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the Privileges Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the Procedure Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the Public Accountability and Works Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the Regulation Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the Social Issues Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the State Development Committee of the Legislative Council | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 1—Premier and Finance | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 2—Health | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 3—Education | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 4—Regional NSW | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 5—Justice and Communities | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 6—Transport and the Arts | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 7—Planning and Environment | 6.25% | 6.25% |
| Chair of the Portfolio Committee No 8—Customer Service | 6.25% | 6.25% |
| Chair of the Joint Standing Committee on Electoral Matters | 6.25% | 6.25% |
| Chair of the Joint Standing Committee on Road Safety | 6.25% | 6.25% |
| Chair of the Joint Standing Committee on the Office of the Valuer-General | 6.25% | 6.25% |
Transitional provision—
On and from the commencement of the Parliamentary Remuneration Amendment Regulation 2023, the percentages prescribed in this Schedule, for the following office holders, extend to a period in the current Parliament during which the person held the relevant office before that commencement—
(a) the Chair of the Public Accountability and Works Committee of the Legislative Council,
(b) the Chair of the Portfolio Committee No 4—Regional NSW,
(c) the Chair of the Portfolio Committee No 5—Justice and Communities,
(d) the Chair of the Portfolio Committee No 6—Transport and the Arts,
(e) the Chair of the Portfolio Committee No 8—Customer Service.
sch 1: Am GG No 40 of 27.3.1992, p 2203; GG No 97 of 7.8.1992, p 5538; GG No 78 of 9.7.1993, p 3777; GG No 139 of 14.10.1994, p 6254; GG No 39 of 5.4.1995, p 1865; GG No 3 of 12.1.1996, p 82; GG No 22 of 23.2.1996, p 713; GG No 61 of 17.5.1996, p 2276; GG No 55 of 23.5.1997, p 3037; GG No 83 of 25.7.1997, p 5709; GG No 76 of 2.7.1999, p 4619; GG No 114 of 1.10.1999, p 9618; GG No 168 of 22.12.2000, p 13536; 2002 No 41, Sch 1 [2]; 2002 No 77, Sch 2.1; GG No 69 of 4.4.2003, p 4423; GG No 124 of 8.8.2003, p 7622; GG No 196 of 12.12.2003, p 11198; GG No 51 of 5.3.2004, p 1014; GG No 63 of 26.3.2004, p 1524; GG No 160 of 13.10.2004, p 7937; 2007 (195), Sch 1; 2007 No 27, Sch 1.36 [1] [2]; 2007 (555), Sch 1 [1]–[5]; 2008 (453), cl 2; 2011 (351), Sch 1; 2013 (60), Sch 1; 2013 (136), cl 3; 2014 No 29, Sch 4.4; 2015 (40), Sch 1 [1] [2]; 2015 (408), Sch 1 [1]–[8]; 2016 No 61, Sch 6.36; 2017 No 22, Sch 2.31; 2018 (651), Sch 1 [1]–[5]; 2018 No 70, Sch 4.79; 2019 (160), Sch 1 [1]–[4]; 2019 (374), Sch 1 [1]–[8]; 2023 (441), Sch 1[1]–[6]; 2023 (533), Sch 1[1] [2].
Schedule 2
Parliamentary Remuneration Tribunal
Schedule 2 Parliamentary Remuneration Tribunal
Schedule 2 Parliamentary Remuneration Tribunal
(Section 14G)
sch 2: Am 1998 No 84, Sch 1 [21]–[24]; 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2009 No 49, Sch 2.42; 2009 No 62, Sch 1 [22]; 2016 No 48, Sch 2.28 [3]–[8]; 2023 No 41, Sch 2.26[3]–[7].
Schedule 3
Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other provisions
sch 3: Rep 1999 No 85, Sch 4. Ins 2002 No 41, Sch 1 [3]. Am 2005 No 110, Sch 2 [6]; 2009 No 62, Sch 1 [23] [24]; 2011 No 25, Sch 1 [3] [4].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Parliamentary Remuneration Act 1989.
2 Commencement
2 Commencement
2 Commencement
(1) This Act commences on 1 July 1990, except as provided by this section.
(2) For the purpose of making an annual determination with effect from 1 July 1990, Part 3 and Schedule 2 commence on the date of assent to this Act. They commence for all purposes on 1 July 1990.
2A Purpose of Act
2A Purpose of Act
2A Purpose of Act
(1) The purpose of this Act is to provide a system under which—
(a) all members are provided with statutory salaries (the basic salary) that are paid as personal income or received as employment benefits for the performance of their parliamentary duties as members, and
(b) all or some recognised office holders are provided with statutory additional salaries that are paid as personal income for the performance of their parliamentary duties as recognised office holders, and
(c) all or some recognised office holders are provided with statutory expense allowances for the purpose of facilitating the efficient performance of their parliamentary duties as recognised office holders, and
(d) all or some members and all or some recognised office holders may be provided with additional allowances and other entitlements for the purpose of facilitating the efficient performance of their parliamentary duties as members or recognised office holders, and
(e) superannuation arrangements are provided for members who are not continuing members of the closed Parliamentary Contributory Superannuation Fund.
(2) Nothing in this section gives rise to any civil cause of action or can be taken into account in any civil proceedings.
s 2A: Ins 1998 No 84, Sch 1 [1]. Am 2005 No 110, Sch 2 [1]; 2009 No 62, Sch 1 [1].
3 Definitions
Requires the Tribunal to consider the financial implications of determinations and to invite a Treasury submission on those implications, attaching that submission as an annexure to the determination (s 12A).
Provides administrative detail on payments, appropriation and reversion of undrawn amounts to the Consolidated Fund, and enables regulations to prescribe payment manner and other matters (s 15; s 21; s 15A).
Limits judicial oversight of Tribunal determinations and rulings by expressly excluding challenge, review or other judicial relief in respect of a determination or a ruling of the Tribunal (s 18).
The Act therefore creates a mix of statutory entitlements (basic salary, additional salaries and expense allowances under Schedule 1), delegated discretion (Tribunal determinations; designated employer costing and terms), member electable options (employment benefits; salary sacrifice; fund nomination), and executive inputs (Minister may direct special determinations; Treasury must be invited to comment on financial implications). Payment of remuneration and related costs are to be met from the Consolidated Fund (s 15(6); s 14D(3)).
Main concepts
Several key legal and structural concepts form the backbone of the Act. These determine who receives what, and how the amounts and conditions are set.
Basic salary and determinations
The Act’s baseline monetary unit is the basic salary (defined in s 4 and s 3). The Tribunal may fix that amount, and must have regard to the Government’s fiscal position and outlook when doing so (s 4(2)-(3)). The annual determination process for additional entitlements is prescribed (s 11) and the Tribunal’s determinations are the primary instrument for fixing additional entitlements (s 9).
Recognised office holders and Schedule 1
Recognised office holders are those offices specified in Schedule 1 (s 3). Schedule 1 prescribes additional salary percentages and expense allowance percentages expressed as proportions of the basic salary (s 6(1); Sch 1). The Schedule is subject to regulation and can be amended by regulation (s 6(4); Sch 1 contains many specific percentages for ministers, parliamentary office holders and committee chairs).
Additional entitlements and the electoral allowance
The Tribunal’s remit covers “additional entitlements” (s 3) and the Act expressly contemplates an electoral allowance as a category (s 10(2A)-(2B)). The electoral allowance is payable in money, as compensation for incidents of parliamentary duties that are not covered by other additional entitlements, and can vary by class of member (s 10(2B)(a)-(d)).
Employment benefits and salary packaging
Employment benefits are defined in s 6A(2) as benefits of a private nature provided at State cost (excluding salary sacrifice contributions). A member may elect, and must have the election approved by the designated employer, to receive employment benefits (s 6A(1)). The Tribunal may determine the types of benefits, conditions and costing and may only approve benefits available to Public Service employees other than certain senior executive-only benefits (s 6B(2), (5)). Salary sacrifice arrangements for additional superannuation contributions operate under Division 3 (ss 14EA-14F): a member may elect to forgo future remuneration to be applied as superannuation, the election must be approved by the designated employer and the trustee/administrator, and the member’s salary is reduced by the amount of contributions (s 14F(1)-(8)).
Superannuation
For members not continuing in the closed Parliamentary Contributory Superannuation Fund, Division 2 prescribes State superannuation contributions (s 14D) normally equivalent to 9% of the member’s “salary” (s 14D(4)). The definition of “salary” for Division 2 is the greatest of multiple bases, including the Commonwealth maximum contribution base or the total of remuneration payable plus costs determined by the designated employer and salary sacrifice contributions (s 14C).
Tribunal powers and process
The Tribunal is empowered to make determinations and special determinations (ss 9, 12), to fix employment benefit types and costing (s 6B), to inquire and receive submissions in any manner it sees fit (s 14I), and must publish determinations and report to the President who forwards them to the Minister and both Houses (s 14H). The Tribunal is constituted by appointment of a judicial or retired judicial member of the Industrial Relations Commission on a part‑time basis (Sch 2 cl 1).
Financial governance and appropriation
Payments of remuneration, employment benefits and salary sacrifice contributions are payable out of the Consolidated Fund (s 15(6); s 14D(3)). The Tribunal must have regard to financial implications when making determinations and invite Treasury to submit on those implications; Treasury submissions are to be annexed to determinations (s 12A).
Non‑justiciability
Determinations and Tribunal rulings are expressly removed from judicial review (s 18), which materially changes the legal remedies available to affected persons.
These concepts define a system where a statutory core entitlement (basic salary) is supplemented by percentage‑based additional remuneration in Schedule 1, flexible but state‑costed private benefits at the member’s election, and a prescribed superannuation and salary packaging framework. The Tribunal and designated employer perform the principal decision-making and administrative roles respectively, within ministerial and Treasury inputs and statutory prohibitions on court review.
Who it affects
Primary persons and entities affected by the Act are listed in its definitions and operative provisions.
Members and recognised office holders
Every member of either House is covered by the Act (s 3). Members who are not recognised office holders are entitled to the basic salary (s 5). Recognised office holders are those occupying offices set out in Schedule 1 and are entitled to additional salary and expense allowances as specified (s 6; Sch 1). The Schedule lists specific offices across ministers, presiding officers, opposition and party officeholders, whips and a long list of committee chairs; therefore individuals holding those offices are directly affected by the percentage‑based entitlements.
Tribunal and assisting appointees
The Tribunal itself (Sch 2) and any persons appointed to assist it (Sch 2 cl 2) are affected by the Act’s appointment, tenure and fee provisions (Sch 2 cl 1-3) and by the operational rules for inquiries and determinations (s 14I). The President of the Industrial Relations Commission appoints the Tribunal member (Sch 2 cl 1).
Designated employer and Parliamentary administration
The designated employer is the Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services, or a prescribed equivalent position (s 6A(7)). The designated employer determines costing and terms for employment benefits and must ensure consistency with Tribunal determinations (s 6A(3)-(5)). Parliamentary administrative officers and departments implementing entitlements, managing salary packaging and processing payments are materially affected.
Government executive and financial officers
The Minister may direct special determinations (ss 12, 6C). The President has specific forwarding duties (s 14H). The Treasurer receives nomination notices for superannuation fund choice (s 14E(2)) and will be involved in appropriation and payment processes. The Secretary of the Treasury is required to be invited to make submissions about financial implications of Tribunal determinations and any such submission is to be annexed to determinations (s 12A).
Superannuation funds and trustees
The First State Superannuation Fund is the default recipient of State superannuation contributions unless a member nominates another complying fund (s 14E(1)-(2)). Trustees and administrators of complying superannuation funds are required to approve salary sacrifice elections (s 14F(7)), so fund administrators are stakeholders.
Public Service pay and benefits comparators
The Tribunal may only approve employment benefits of a kind available to Public Service employees (subject to limitations on senior executive-only benefits) (s 6B(5)). This binds the design of employment benefits to the broader public sector benefits environment.
Citizens and taxpayers
The Consolidated Fund is the source of remuneration and employment benefit costs (s 15(6); s 14D(3)), so the State as payer and taxpayers bear the financial cost of salaries, additional salaries, benefits and superannuation contributions.
Other affected areas
The Act interacts with other statutes governing parliamentary terms and superannuation: the Parliamentary Contributory Superannuation Act 1971 (Div 1 and s 14A), the Superannuation Industry (Supervision) Act 1993 (via definitions and compliance concepts in s 14C), the Government Sector Employment Act 2013 (qualification for employment benefits in s 6B(5)) and the Constitution Act 1902 (s 6A(8) preserves effect despite other Acts).
In short, the Act directly affects elected members, office holders at Parliament House, the Parliamentary services functionary designated as the employer, the Tribunal and its staff, public finance officers and superannuation fund trustees. The financial burden falls to the State from the Consolidated Fund, while administrative duties rest with the designated employer, the Tribunal and the relevant Ministers or officers identified in the Act.
Key duties and rights
The Act creates a set of statutory rights for members and office holders, and concurrent duties or procedural obligations for the Tribunal, the designated employer, the President and Ministers. These are principally administrative and financial rather than criminal.
Members’ rights
Basic salary entitlement: every member who is not a recognised office holder is entitled to be paid a salary at the annual rate of the basic salary (s 5).
Recognised office holders’ entitlements: recognised office holders are entitled to the basic salary plus any additional salary and expense allowance at rates determined as percentages of the basic salary by Schedule 1 or subsequent Tribunal/regulatory changes (s 6(1)-(2); Sch 1).
Access to additional entitlements and electoral allowance: members and recognised office holders are entitled to additional entitlements and an electoral allowance as determined by the Tribunal (s 10(2); s 10(2A)-(2B)). The electoral allowance is payable in money and compensates for incidents of parliamentary duties not otherwise reimbursed (s 10(2B)(a)-(c)).
Employment benefits and salary sacrifice: members may elect to receive employment benefits (private benefits at State cost) provided the designated employer approves the election (s 6A(1)). Members may also elect to make salary sacrifice contributions to superannuation, subject to approval and trustee/administrator consent, and such elections reduce the salary payable (ss 14F(1)-(8), 14EA).
Superannuation nomination: members may nominate in writing to the Treasurer that State superannuation contributions be paid to a complying superannuation fund, complying approved deposit fund or retirement savings account (s 14E(2)-(3)).
Tribunal’s duties and authorities
Determinations duty: The Tribunal must make determinations about additional entitlements (s 9) and may make determinations about employment benefits (s 6B).
Fiscal consideration and Treasury consultation: when making determinations the Tribunal is required to have regard to the financial implications for the State, to invite the Secretary of the Treasury to submit, and to annex any such submission to the determination (s 12A).
Inquiry and process powers: the Tribunal may inform itself as it thinks fit, conduct inquiries, receive submissions (including written or oral), and is not bound by rules of evidence or formal proceeding requirements (s 14I). It must report determinations to the President and cause determinations to be published in the Gazette (s 14H).
Designated employer’s duties and discretions
Approve elections and cost benefits: the designated employer determines whether to approve a member’s election for employment benefits or salary sacrifice and determines the cost of providing benefits, which reduces remuneration payable to the member by that cost (s 6A(1), (3)).
Set terms and conditions: the designated employer may set the terms and manner on which employment benefits are provided (s 6A(4)), but those determinations must be consistent with Tribunal determinations (s 6A(5)).
Ministerial and presidential obligations
Minister may direct special determinations: the Minister may require the Tribunal to make a special determination for additional entitlements or employment benefits, including for particular classes or individual members (ss 12; 6C).
President’s administrative role: the President may direct later annual determination dates for cause (s 11(2)), receives Tribunal reports and forwards them to the Minister, and the President is involved in recommendation for removal of Tribunal members (s 14H; Sch 2 cl 4).
Payment and appropriation
Consolidated Fund payment: remuneration, including employment benefit costs and salary sacrifice contributions, is payable from the Consolidated Fund which is appropriated accordingly (s 15(6); s 14D(3)).
Payment mechanics and reversion: payments are made in the manner prescribed by regulations or determinations (s 15(1)-(2)); any payment not drawn within 28 days after due reverts to the Treasury and the Consolidated Fund (s 15(5)).
Limitations on rights and routes of challenge
Determinations and rulings are not subject to judicial review (s 18). This is a statutory limitation on the availability of court remedies against Tribunal decisions and rulings requested by presiding officers under s 17A.
Other rights and limits
Members may terminate employment benefits by notice to the designated employer (s 6A(6)).
A person holding multiple offices may only claim remuneration for the single office that yields the highest remuneration (s 6(3)).
A determination may not grant, withdraw or otherwise deal with entitlements for travel outside Australia (s 10(5)).
The statutory architecture allocates substantive entitlement rights to members and office holders while assigning procedural and evaluative duties to the Tribunal, the designated employer and financial officers, with Ministerial power to direct special matters and a parliamentary notice and publish pathway for transparency.
Penalties and enforcement
The Act does not create a detailed criminal enforcement regime for breaches of entitlement rules; instead it relies on administrative measures, appointment and removal powers, financial controls and statutory limits.
Absence of explicit criminal penalties
Nowhere in the text are criminal offences or monetary penalties prescribed for, for example, misclaiming an entitlement. The Act focuses on entitlement, determination, payment and administrative governance rather than penal sanctions.
Administrative enforcement mechanisms
Payment mechanics and termination: entitlements are made payable “in such manner” as regulations or determinations prescribe (s 15(1)-(2)), and a determination may withdraw or alter an additional entitlement (s 10(4)(d)). These instruments are the primary control mechanisms for changing or stopping payments.
Reversion to Treasury: any payment or part of a payment not drawn by the person within 28 days after it becomes due reverts to the Treasury and becomes part of the Consolidated Fund (s 15(5)). This creates a statutory procedure for handling undrawn amounts and prevents indefinite liability.
Appointment and removal of Tribunal members: the Governor (on recommendation of the President) may remove a person holding office as the Tribunal (Sch 2 cl 4(2)), which is an internal governance enforcement tool for the Tribunal’s conduct and performance.
Fee-setting and pre‑appointment fixing: remuneration to the Tribunal and assistants is to be fixed by the Governor on the Minister’s recommendation after consultation (Sch 2 cl 3). This provides a governance control but is not a penalty mechanism.
Financial control and appropriation oversight
The Consolidated Fund is the specified source for all remuneration and the cost of employment benefits, and amounts are appropriated accordingly (s 15(6); s 14D(3)). Budgetary control and Treasury oversight (expressly canvassing financial implications and requiring Treasury submissions under s 12A) are the key ex ante financial governance tools.
Restrictions on judicial oversight
Section 18 precludes challenge, review, quashing, calling into question or other proceedings in the nature of prohibition, mandamus or certiorari against a Tribunal determination or ruling. That restriction limits recourse to courts for correcting or enforcing rights arising under the Act and shifts enforcement and review to the statutory processes (internal review through Tribunal processes, Ministerial directions, and parliamentary scrutiny through laying and gazettal requirements (s 14H)).
Regulatory instruments and determinations as enforcement levers
Regulations may prescribe the manner of payments and other matters necessary to give effect to the Act (s 21). Determinations may fix conditions, specify required substantiation and involve reimbursement of actual expenses (s 10(4)). The power to fix conditions, require substantiation and to withdraw entitlements is a practical enforcement mechanism.
Other practical enforcement points
Approval gates: employment benefits and salary sacrifice arrangements require approval by the designated employer and by trustees/administrators where relevant (ss 6A(1); 14F(7)). These approvals are administrative controls preventing unauthorised provision or misdirection of State-funded benefits.
In short, enforcement is primarily administrative and financial, mediated through Tribunal determinations, designated employer approvals, Treasury involvement and parliamentary publication, with a statutory bar on judicial review removing courts from a central role in enforcement of Tribunal decisions.
How it interacts with other laws
The Act intentionally links to several other statutes, and delegates or constrains decisions by reference to broader public sector, superannuation and constitutional law frameworks.
Constitution and Parliamentary law
The Act operates alongside the Constitution Act 1902 and expressly states that s 6A (employment benefits) has effect despite anything to the contrary in that Act or any other Act (s 6A(8)). The Act also depends on the constitutional provisions defining terms and offices that affect when a person becomes or ceases to be a member for the purposes of entitlements (s 16 refers to sections of the Constitution Act 1902).
Superannuation and Commonwealth superannuation law
The Parliamentary Contributory Superannuation Act 1971 is directly referenced: the Tribunal’s role includes determining whether proposed amendments to that Act are warranted for the purposes of section 4 of the Parliamentary Contributory Superannuation Act 1971 (s 14A).
The Act refers to Commonwealth superannuation legislation for definitions and compliance: “complying superannuation fund” and “complying approved deposit fund” use the definitions from the Superannuation Industry (Supervision) Act 1993 (s 14C). The Tribunal must consider the Heads of Government Agreement that began 1 July 1996 relating to exemption of certain State public sector superannuation schemes from the Commonwealth SIS Act when considering amendments (s 14A(2)(a)).
The salary definition for superannuation contribution purposes may include the Commonwealth “maximum contribution base” as a relevant comparator (s 14C).
Public sector employment law and benefits limits
The Tribunal may only approve, as employment benefits, benefits of a kind available to a Public Service employee and specifically cannot approve benefits that are available only to Public Service senior executives (s 6B(5)). That ties the design of member employment benefits to the wider public sector framework governed by the Government Sector Employment Act 2013 (s 6B references that Act in the definition of senior executive).
Interpretation Act and statutory construction
The Interpretation Act 1987 is explicitly cited as containing definitions and other provisions relevant to interpreting the Act (s 3, note). Standard interpretive principles and definitions will be imported via that Act for matters not otherwise defined.
Appropriations and financial law
The Act makes explicit that remuneration and associated costs are payable from the Consolidated Fund and that the Fund is appropriated to that extent (s 15(6); s 14D(3)). This interacts with public finance and appropriation laws and Treasury processes.
Limitations of Tribunal determinations and other Acts
Section 6A(8) makes a specific statement about primacy: the provisions governing employment benefits have effect despite anything to the contrary in this Act, the Constitution Act 1902 or any other Act, signalling that employment benefits under this regime are to be treated as operative even where there might otherwise be conflict.
Prohibition on overseas travel entitlements
A determination under Part 3 may not grant, withdraw or otherwise deal with entitlements for travel outside Australia (s 10(5)). That cross‑references with other statutes or policies that might separately authorise overseas travel for Ministers or others, and circumscribes the Tribunal’s capacity to regulate overseas travel entitlements.
Regulations and other amending instruments
The Governor may make regulations not inconsistent with this Act (s 21). Schedule 1 may be amended by regulation (s 6(4)). Several of the Act’s amendment annotations and transitional provisions (Sch 3) specifically tie into earlier and later amending Acts, indicating an ongoing interaction between this Act and subsequent legislative instruments.
In sum, the Act is embedded in a network of constitutional, superannuation, public sector employment and public finance statutes. It cross-references Commonwealth superannuation law for definitions and compliance and limits the Tribunal’s power to innovate beyond public sector norms for benefits, while preserving State‑funded entitlements and prescribing mechanisms for Treasury engagement and parliamentary transparency.
Amendment history
The statutory text contains a substantial record of amendments and renumberings. The source annotations attached to the provisions provide the chronology of principal changes. Relevant items the source records include:
Insertion of purpose clause and early-stage amendments: s 2A (Purpose) was inserted in 1998 (Ins 1998 No 84, Sch 1 [1]) and subsequently amended in 2005 and 2009 (s 2A annotation).
Definitions and renumberings: s 3 has multiple amendments recorded (1998, 2001, 2005, 2009, 2016, 2023), reflecting changes in terminology and the addition of defined items like “designated employer” and “employment benefit” (s 3 annotation).
Basic salary regime: section 4 was substituted in 2011 (Subst 2011 No 25, Sch 1 [1]) and amended in 2025 (Am 2025 No 8, Sch 1.7). Section 4A, a temporary arrangement applying to the 2025-26 financial year that limits the basic salary increase to 3.5% despite a Tribunal determination, was inserted in 2023 and is recorded as Ins 2023 No 6, Sch 1 and Ins 2025 No 43, Sch 1 (s 4A annotation and note).
Employment benefits and salary packaging: Part 2A and s 6A were inserted by the Parliamentary Remuneration Amendment (Salary Packaging) Act 2009 (Ins 2009 No 62, Sch 1 [3]). Section 6B and 6C were also added at that time, and s 6B was further amended in 2017 to refine the employment benefits constraints (s 6B annotation: Ins 2009 No 62; Am 2017 No 22).
Superannuation provisions: Part 3A (Parliamentary superannuation) was inserted in 1998 and substantially amended in 2005 (Ins 1998 No 13, Sch 3; Ins 2005 No 110, Sch 2). Key post‑2007 member superannuation provisions are in ss 14B-14F and include definitions that cross‑reference Commonwealth SIS legislation (s 14C annotation: Ins 2005 No 110; later amendments 2009).
Tribunal establishment and reform: the Tribunal provisions, including creation and procedural rules, were renumbered and updated across time (s 14G formerly s 8; s 14H formerly s 13; s 14I formerly s 14). Schedule 2 has a long series of amendment annotations (1998, 1999, 2009, 2016, 2023) reflecting changes to tribunal composition and appointment mechanics (Sch 2 annotation).
Repeals and transitional provisions: s 19 repeals earlier Acts (Parliamentary Remuneration Tribunal Act 1975 and Parliamentary Remuneration Tribunal (Special Provisions) Act 1989), with saving and transitional provisions mapped in s 20 and Schedule 3. Schedule 3 has been amended and reworked across multiple amending Acts (Sch 3 annotations).
Schedule 1 and regulation-based adjustments: the Act allows Schedule 1 to be amended by regulation (s 6(4)). The Schedule itself carries a long list of Gazette amendments (multiple GGs and amendment acts listed in the Schedule footnote), showing recurring adjustments to percentages and offices across the 1990s, 2000s and 2010s, through to 2023.
Renumberings and repeals: multiple provisions have been renumbered (for example s 8 to s 14G, ss 13-14 to s 14H-14I), and some provisions repealed outright (e.g. s 7 repealed 1998 No 84, Sch 1 [4]; s 17 repealed 2011 No 25, Sch 1 [2]).
Themes apparent in the amendment record (as shown by the annotations)
Introduction of a formal employment benefits/salary packaging regime (2009 amendments).
Superannuation reform to accommodate members elected after 2007 (2005 amendments) and to integrate salary sacrifice mechanics (2009).
Reconfiguration and renumbering of Tribunal provisions and modernisation of its procedures (late 1990s, 2009, 2016).
Periodic adjustments to the list of recognised offices and percentage entitlements recorded in Schedule 1 via Gazette notices and regulations over decades.
The Act’s annotations establish that it is a frequently adjusted instrument for managing parliamentary pay, benefits and superannuation. The source shows repeated legislative and regulatory updates to match evolving policy and public sector norms (see the footnotes on Sch 1 and Sch 2), and explicit temporary intervention for the 2025-26 basic salary through s 4A.
Litigation history
The legislative text and its annotations do not identify any reported court decisions that interpret or apply this Act. What the statute does record that is material to litigation is its express exclusion of judicial review and related court remedies in respect of Tribunal decisions and rulings.
Statutory bar on judicial review
Section 18 provides that a determination (including a determination under s 14A) or a ruling of the Tribunal under s 17A “may not be challenged, reviewed, quashed or called into question before any court or in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition, mandamus, certiorari or otherwise.” That provision removes the ordinary judicial route for challenging Tribunal determinations and rulings.
Practical legal effect
Because s 18 is an explicit statutory ouster of the courts, any litigation strategy must account for the limited availability of judicial relief against Tribunal decisions. The statute itself preserves internal processes (Tribunal inquiries, submissions and publication) and parliamentary scrutiny (s 14H requires the Minister to lay reports before each House, and determinations are to be published in the Gazette). The statute also provides Ministerial direction mechanisms for special determinations (ss 12, 6C), which become the administrative channels for dispute resolution, rather than the courts.
No cases named in the text
The source does not name judicial decisions or administrative tribunal decisions relating to the Act. There is no litigation history recorded in the Act’s annotations.
Given s 18, the Act shifts the locus of contest from Courts to statutory processes, executive direction and parliamentary oversight. Any interested party seeking a legal remedy against a Tribunal decision will need to examine whether any non‑statutory rights exist outside the Act, whether other statutes provide separate judicial avenues, or whether a constitutional or jurisdictional challenge to s 18 itself is tenable , all issues that would require legal analysis beyond the statute’s text.
Gotchas
The Act contains several practical traps and non‑obvious mechanics that advisers and administrators should note. Each of the following is grounded in the statutory text.
Section 18 removes judicial review
The statutory bar on judicial review in s 18 means courts cannot be used to challenge Tribunal determinations or Tribunal rulings under s 17A. That affects remedies and dispute strategy. Administrative review and parliamentary channels become the primary routes for contesting outcomes.
Designated employer has material discretion but must be consistent with Tribunal determinations
The designated employer approves elections for employment benefits and decides costing and terms (s 6A(1), (3)-(4)). While these determinations must be consistent with Tribunal determinations (s 6A(5)), the designated employer still holds practical gatekeeping power over whether a benefit is provided and on what terms.
Employment benefits are private in nature yet State-paid and reduce remuneration
Employment benefits are defined as being of a private nature but provided at State cost (s 6A(2)(a)-(b)). The cost is determined by the designated employer and reduces remuneration otherwise payable to the member (s 6A(3)). That means the gross package to a member can be restructured, and the taxable and entitlements consequences for the member are affected by the employer’s costing method.
Salary sacrifice reduces the declared salary
Salary sacrifice contributions reduce the member’s payable basic and additional salary (s 14F(8)(a)). That reduction may interact with any salary‑based calculations (for example superannuation salary bases) and with perceptions of public salary levels, even though the member receives the benefit in superannuation form.
“Salary” for superannuation purposes can be the greatest of several bases
The Division 3 definition of “salary of a member” (s 14C) takes the greatest of multiple measures (Commonwealth maximum contribution base; aggregate remuneration plus costs, plus salary sacrifice; or a prescribed regulatory figure). This may lead to unexpected higher superannuation contribution obligations if one of those comparators is higher in a particular year.
Tribunal determinations must have regard to fiscal position; Treasury must be invited
When fixing the basic salary the Tribunal must consider the Government’s fiscal position (s 4(3)), and for determinations under Part 3 the Tribunal must invite the Secretary of the Treasury to submit on financial implications and annex such submissions to the determination (s 12A). This embeds Treasury influence in pay-setting and can limit Tribunal autonomy or increase political scrutiny.
Annual determination timing and default continuity
The Tribunal is required to make an annual determination on or before 1 June with effect from 1 July (s 11(1)). If no determination is made by 1 July, entitlements continue on the current basis until a determination is made, and adjustments follow the making of the determination (s 11(3)). This default continuity may create retroactive adjustment issues when determinations are delayed.
Tribunal procedures are informal and not bound by rules of evidence
The Tribunal may inform itself as it thinks fit and is not bound by rules of evidence (s 14I). This provides procedural flexibility but may raise evidentiary or transparency concerns for affected persons used to formal adjudicative processes.
Schedule 1 constrains additional salary calculations and has many moving parts
Schedule 1 lists percentages for a wide range of offices. The regulation power allows the Schedule to be amended (s 6(4)), and the Schedule’s footnotes show frequent historical amendments. Practitioners should not assume Schedule 1 is static; always check the current Schedule and any transitional provisions (Sch 1 transitional provision regarding certain committee chairs).
Payment reversion and two‑month window
Any payment not drawn within 28 days after becoming due reverts to the Treasury (s 15(5)), which can catch payroll administrators or members who delay drawing payments.
Determinations cannot deal with overseas travel entitlements
The Tribunal cannot grant or withdraw entitlements for travel outside Australia (s 10(5)). If international travel entitlements are needed, they must be sourced elsewhere, which may create parallel regimes and potential confusion.
Ministerial directions for special determinations
The Minister can require special determinations about additional entitlements and employment benefits affecting individual members or classes (ss 12; 6C). That creates a route for executive influence over particular entitlements.
Multiple-office rule
A person holding two or more offices in Schedule 1 is entitled only to remuneration for the one office that provides the greatest remuneration (s 6(3)). This affects legal and payroll advice when members take on multiple roles.
Short‑term statutory overrides can trump Tribunal determinations
Section 4A illustrates that Parliament may override Tribunal determinations in a specific year (2025-26) by statute, capping the basic salary increase. Practitioners should note that Tribunal determinations remain subject to parliamentary statute.
Awareness of these provisions helps avoid practical missteps in payroll, member elections for benefits, superannuation nominations and in advising clients about the availability of legal remedies.
How to comply
This section sets out a practical compliance checklist tied to the Act’s operative mechanics, with specific procedural steps and record‑keeping priorities grounded in the text.
For members considering employment benefits or salary sacrifice
Elect in writing: a member must elect in writing to the designated employer to receive employment benefits (s 6A(1)) or to make salary sacrifice contributions (s 14F(1)). Keep the signed election form and timestamp.
Obtain designated employer approval: do not assume an election becomes operative without the designated employer’s approval; the election is effective only if approved by the designated employer (s 6A(1); s 14F(7) requires approval by the designated employer and the trustee/administrator for salary sacrifice).
Use the approved form and provide required information: the election must be in the form approved by the designated employer and accompany the information the designated employer requires (s 14F(5)).
Specify amounts or percentage: salary sacrifice elections must specify the percentage or amount of basic and additional salary to be used (s 14F(4)). Keep documentation that records calculations and dates of future salary payments the election affects.
Termination by member: members may terminate employment benefits by notice in writing to the designated employer (s 6A(6)). Ensure a clear process and statutory notice record.
For the designated employer (Executive Manager, Parliamentary Services or prescribed equivalent)
Approval gatekeeping: establish documented criteria and an approval process consistent with Tribunal determinations (s 6A(4)-(5)). Ensure that any costing methodology (including tax and administrative costs) is consistently applied and recorded (s 6A(3)).
Costing records: maintain detailed costing information for each employment benefit (cost plus applicable taxes), since the cost reduces the member’s remuneration (s 6A(3)) and will affect payroll and superannuation calculations.
Ensure Tribunal alignment: verify that employment benefits offered are consistent with any Tribunal determination about types and conditions of employment benefits (s 6B).
Form approval and information: issue approved forms for salary sacrifice elections and specify clearly what supporting information members must supply (s 14F(5)).
For tribunal administration and counsel supporting Tribunal processes
Invite and record Treasury submissions: comply with s 12A by inviting the Secretary of the Treasury to submit on financial implications and annexing any submissions to the determination.
Publication and reporting: ensure determinations and Tribunal reports are published in the Gazette and forwarded as required to the President and Minister (s 14H). Maintain a clear public record to meet the statutorily required transparency.
Record submissions and hearings: although the Tribunal is not bound by rules of evidence (s 14I), preserve written and oral submissions in an auditable file for governance and future reference.
Handle special determinations promptly: if the Minister directs a special determination under ss 12 or 6C, adopt an expedited procedural calendar so the Tribunal makes the determination by the time the Minister specifies.
For payroll and finance officers
Payment manner: implement payments in the manner prescribed by regulations and determinations (s 15(1)-(2)). Reconcile payments to the Consolidated Fund appropriation (s 15(6)).
Reversion process: implement the 28‑day reversion rule for undrawn payments (s 15(5)); communicate with members to prevent inadvertent reversion and retain audit trails for any sums reverted and re‑credited.
Superannuation payments and nominations: process State superannuation contributions to the First State Superannuation Fund by default unless the member has validly nominated and the nomination remains in force (s 14E(1)-(3)). Maintain copies of nomination and revocation notices sent to the Treasurer.
For members making superannuation nominations and salary sacrifice
Notify the Treasurer in writing: a member must notify the Treasurer in writing to nominate an alternative complying superannuation fund for State contributions (s 14E(2)). Keep proof of delivery and receipt.
Trustee approval: obtain trustee or administrator approval before a salary sacrifice election takes effect (s 14F(7)). Keep formal written confirmation from the trustee/administrator.
Consider salary definition: understand that the “salary” for contribution percentage purposes may be the greatest of alternatives, including the Commonwealth maximum contribution base or an aggregate remuneration plus costs (s 14C). Seek advice where necessary, because this affects contribution quantum.
For Ministers and parliamentary officers
Use statutory mechanisms for special matters: if variation outside the usual annual timetable is needed, the Minister may direct the Tribunal to make a special determination (ss 12, 6C). Ensure directions are clear, time‑bounded and documented.
President’s procedural role: if relying on the President to direct a later annual determination date, provide appropriate evidence for illness or other reasons as per s 11(2).
For legal advisers
Be aware of s 18: don’t plan litigation strategies that depend on ordinary judicial review of Tribunal determinations or rulings; instead, advise clients about available internal, Ministerial, parliamentary and administrative options.
Check current Schedule 1 and regulations: Schedule percentages and recognised offices are subject to amendment by regulation and Gazette notices (s 6(4); Sch 1 footnotes). Verify the current Schedule before giving advice about entitlements.
Document elections and approvals: maintain contemporaneous records for all elections, approvals, nominations, costing calculations and correspondence with the designated employer, Trustee, Treasurer and Treasury submissions.
Document retention and procedural templates
Keep copies of: election forms, approval letters, trustee confirmations, Treasury submissions, Tribunal determinations and their gazette notices, nomination and revocation notices to the Treasurer, and any Ministerial directions for special determinations.
Establish standardised checklists for member onboarding and role changes: confirm whether a member is a recognised office holder under Schedule 1; if so, note which office yields the greatest remuneration where multiple offices are held (s 6(3)).
By following these steps and aligning administrative practice with the statutory mechanics (approvals, written elections, costing methods, Trustee sign-off, and publication obligations), responsible officers and members can maintain compliance with the Act’s requirements while documenting the decision trail necessary in a system where courts are statutorily precluded from reviewing Tribunal determinations (s 18).
additional entitlements means the electoral allowance and other additional entitlements under Part 3.
basic salary has the meaning given by section 4.
designated employer—see section 6A.
determination means an annual determination of the Tribunal under section 11 or a special determination of the Tribunal under section 12.
employment benefit—see section 6A.
member means a member of either House of Parliament.
parliamentary duties of a member or recognised office holder means the duties that attach to the office of a member or recognised office holder, and includes the duties that a member or recognised office holder is ordinarily expected to undertake, including participation in the activities of recognised political parties, and includes any duties prescribed as being within this definition, but does not include any duties prescribed as being outside this definition.
President means the President of the Industrial Relations Commission.
recognised office holder means the holder of an office for the time being specified in Schedule 1.
remuneration means remuneration by way of salary, additional salary or expense allowance under Part 2.
salary sacrifice contribution means a superannuation contribution made for a member by way of salary sacrifice.
Tribunal means the Parliamentary Remuneration Tribunal established under this Act.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes in the text of this Act do not form part of this Act.
s 3: Am 1998 No 84, Sch 1 [2] [3]; 2001 No 105, Sch 1 [1]; 2005 No 110, Sch 2 [2]; 2009 No 62, Sch 1 [2]; 2016 No 48, Sch 2.28 [1]; 2023 No 41, Sch 2.26[1].
Part 2 Parliamentary remuneration
Part 2 Parliamentary remuneration
Part 2 Parliamentary remuneration
4 Definition of basic salary
4 Definition of basic salary
4 Definition of basic salary
(1) For the purposes of this Act, the basic salary is as follows—
(a) until the Tribunal otherwise determines, the amount of the annual allowance by way of salary payable under the law of the Commonwealth to a member of the House of Representatives who is not entitled to any additional salary, less $500,
(b) the amount determined by the Tribunal from time to time in accordance with this section.
(2) The Tribunal may make a determination fixing the amount of the basic salary. Determinations are to be made at such times as the Tribunal thinks fit or the Minister directs.
(3) In making a determination, the Tribunal must have regard to—
(a) the fiscal position and outlook of the Government, and
(b) the likely effect of the making of the determination on the position and outlook.
(4) (Repealed)
s 4: Subst 2011 No 25, Sch 1 [1]. Am 2025 No 8, Sch 1.7.
4A Temporary arrangements for basic salary for 2025–26 financial year
4A Temporary arrangements for basic salary for 2025–26 financial year
4A Temporary arrangements for basic salary for 2025–26 financial year
(1) For the relevant financial year, the basic salary is the amount equal to the total of the following—
(a) the basic salary in effect on 30 June 2025,
(b) the amount that is 3.5% of the basic salary in effect on 30 June 2025.
(2) Subsection (1) applies despite—
(a) section 4, or
(b) a determination made under section 4, whether made before or after the commencement of this section.
(3) In this section—
relevant financial year means the period—
(a) starting on 1 July 2025, and
(b) ending on 30 June 2026.
Note—
The Tribunal, in the “Annual Determination Report and Determination of additional entitlements for Members of the Parliament of New South Wales pursuant to the Parliamentary Remuneration Act 1989” dated 22 July 2025, determined that, under this Act, section 4, a member’s basic salary was to be increased by 4% for the 2025–26 financial year. The effect of this section is to limit the increase in a member’s basic salary to 3.5% for the 2025–26 financial year, despite the Tribunal’s determination.
s 4A: Ins 2023 No 6, Sch 1. Rep 1989 No 160, sec 4A(3). Ins 2025 No 43, Sch 1.
5 Salary of members (other than recognised office holders)
5 Salary of members (other than recognised office holders)
5 Salary of members (other than recognised office holders)
A member who is not a recognised office holder is entitled to be paid a salary at the annual rate of the basic salary.
6 Salary and expense allowance of recognised office holders
6 Salary and expense allowance of recognised office holders
6 Salary and expense allowance of recognised office holders
(1) A recognised office holder is entitled to be paid—
(a) a salary at the annual rate of the basic salary,
(b) an additional salary (if any) at an annual rate calculated as a percentage of the basic salary, being the percentage specified opposite the relevant office in the second column of Schedule 1, and
(c) an expense allowance (if any) at an annual rate calculated as a percentage of the basic salary, being the percentage specified opposite the relevant office in the third column of Schedule 1.
(2) The amount of any such additional salary or expense allowance is to be calculated to the nearest dollar.
(3) A person who holds 2 or more of the offices specified in Schedule 1 is entitled to the remuneration under this section that is applicable to only one of them, whichever has the greater or greatest such remuneration.
(4) The regulations may amend or substitute Schedule 1.
Part 2A Employment benefits
Part 2A Employment benefits
Part 2A Employment benefits
pt 2A: Ins 2009 No 62, Sch 1 [3].
6A Employment benefits
6A Employment benefits
6A Employment benefits
(1) A member (including a recognised office holder) is entitled to be provided with employment benefits if the member elects by notice in writing to the designated employer to be provided with those benefits and if the designated employer approves of that election.
(2) For the purposes of this section, an employment benefit is a benefit (other than a salary sacrifice contribution) that—
(a) is or is to be provided to a member at the cost of the State, and
(b) is of a private nature, and
(c) is of a kind approved as an employment benefit by a determination of the Tribunal, either generally or in relation to any member or class of members.
(3) The cost of providing an employment benefit (including any applicable tax or administrative costs) is to be as determined from time to time by the designated employer and the remuneration otherwise payable to the member is reduced by the cost of providing the benefit.
(4) The designated employer may from time to time determine the terms and conditions on which, including the manner in which, employment benefits are to be provided.
(5) Any determination by the designated employer under this section as to the costing or terms and conditions of, or any other matter relating to, the provision of employment benefits is to be consistent with any determination of the Tribunal relating to those matters.
(6) The provision of an employment benefit to a member may be terminated at any time by the member by notice in writing to the designated employer.
(7) For the purposes of this section, the designated employer is the person holding the position of Executive Manager, Parliamentary Services in the Parliament’s Department of Parliamentary Services or the holder of a position of the following kind that is prescribed by the regulations for the purposes of this section—
(a) a position of an officer of either House of Parliament,
(b) any position under the separate control of the President or Speaker, or under their joint control.
(8) This section has effect despite anything to the contrary in this Act, the Constitution Act 1902 or any other Act.
s 6A: Ins 2009 No 62, Sch 1 [3].
6B Functions of Tribunal relating to employment benefits
6B Functions of Tribunal relating to employment benefits
6B Functions of Tribunal relating to employment benefits
(1) The Tribunal may, from time to time, make determinations with regard to employment benefits.
(2) The Tribunal may, by a determination—
(a) fix the type of benefits that may be provided as employment benefits, and
(b) fix conditions on which employment benefits are to be provided, and
(c) make provision for the costing of employment benefits.
(3) A determination may amend or revoke a determination that has already been made.
(4) A determination or a provision of a determination may relate to all or any members or to any class of members.
(5) In fixing the type of benefits that may be provided as employment benefits, the Tribunal may only approve a benefit of a kind that is available to a Public Service employee (other than a benefit that is only available to Public Service senior executives within the meaning of the Government Sector Employment Act 2013).
s 6B: Ins 2009 No 62, Sch 1 [3]. Am 2017 No 22, Sch 4.30.
6C Special determinations as to employment benefits
6C Special determinations as to employment benefits
6C Special determinations as to employment benefits
(1) The Minister may direct that a special determination be made by the Tribunal as regards employment benefits.
(2) Any such direction—
(a) may relate to all or any employment benefits or any class of them, and
(b) may relate to all or any individual members and recognised office holders or to any class of them.
(3) A special determination is to be made by such time as the Minister directs and is to take effect from such time as the Tribunal specifies in the determination.
s 6C: Ins 2009 No 62, Sch 1 [3].
7
7 (Repealed)
7
s 7: Rep 1998 No 84, Sch 1 [4].
Part 3 Additional entitlements
Part 3 Additional entitlements
Part 3 Additional entitlements
pt 3, hdg: Am 1998 No 84, Sch 1 [5].
8
8
(Renumbered as sec 14G)
s 8: Am 2009 No 62, Sch 1 [4]. Renumbered as sec 14G, 2009 No 62, Sch 1 [19].
9 Tribunal may make determinations as to additional entitlements
9 Tribunal may make determinations as to additional entitlements
9 Tribunal may make determinations as to additional entitlements
The Tribunal may make determinations of additional entitlements that are to be available to a member or recognised office holder.
s 9: Am 1998 No 13, Sch 3 [1]. Subst 1998 No 84, Sch 1 [6]. Subst 2009 No 62, Sch 1 [5].
10 General provisions as to determinations of additional entitlements
10 General provisions as to determinations of additional entitlements
10 General provisions as to determinations of additional entitlements
(1) In making determinations under this Part, the Tribunal is to give effect to the following principles—
(a) additional entitlements are to be provided for the purpose of facilitating the efficient performance of the parliamentary duties of members or recognised office holders,
(b) parliamentary duties of members and recognised office holders include participation in the activities of recognised political parties.
(2) Members and recognised office holders are entitled to an electoral allowance and other additional entitlements in accordance with the provisions of applicable determinations of the Tribunal under this Part.
(2A) The Tribunal may, by a determination—
(a) fix the amount of the electoral allowance, and
(b) fix the classes, terms and other incidents of other additional entitlements.
(2B) The following provisions apply to the electoral allowance—
(a) the allowance is payable to members (whether or not recognised office holders),
(b) the allowance is payable in money,
(c) the allowance is payable as compensation in respect of all incidents of the performance of parliamentary duties (other than those compensated or reimbursed by other additional entitlements),
(d) different amounts may be fixed for different members or classes of members.
(2C) Subsections (3) and (4) apply to determinations with respect to additional entitlements, other than the electoral allowance.
(3) A determination may provide for additional entitlements in any form, including but not limited to—
(a) the payment of additional allowances in terms of allowances, fees and other emoluments payable in money (including for example travel allowances, travel expenses, and committee allowances), and
(b) the provision of services, facilities and equipment (including for example electorate services, electorate staff, electorate offices, office equipment, travel, and communication equipment).
(4) A determination may—
(a) fix conditions on which an additional entitlement is to be provided, and may specify the form of substantiation (if any) that is required for particular kinds of additional entitlements, and
(b) involve the reimbursement of the whole or a part of actual expenses, and
(c) identify an existing entitlement as an additional entitlement, and
This is an opening excerpt, not the complete document.