Basic salary is the foundational salary for all members, defined by section 4. It is the amount determined by the Tribunal, subject to the temporary cap in section 4A for 2025-26. Before the Tribunal makes a determination, the basic salary was pegged to the Commonwealth base salary less $500, but that formula is now replaced by Tribunal determinations. The basic salary is the rate used to calculate additional salaries and expense allowances for recognised office holders under section 6, which are expressed as percentages of the basic salary in Schedule 1.
Recognised office holder is defined in section 3 as the holder of an office specified for the time being in Schedule 1. Schedule 1 is extensive, covering the Premier, Deputy Premier, Ministers, Presiding Officers, Deputy Speakers, Leaders of the Opposition, Whips, Parliamentary Secretaries, and Chairs of various committees (e.g., the Committee on Children and Young People, Portfolio Committees). The Schedule prescribes an additional salary percentage and an expense allowance percentage for each office, with the Premier's expense allowance being reduced by $15,000. Section 6(3) provides that a person holding two or more offices is entitled only to the remuneration applicable to the office with the greatest remuneration, preventing double-dipping.
Remuneration under section 3 means salary, additional salary, or expense allowance under Part 2. It does not include additional entitlements or employment benefits, which are separately defined and governed.
Parliamentary duties is broadly defined in section 3 to include duties that attach to the office and those ordinarily expected, including participation in the activities of recognised political parties. The definition may be extended or limited by regulation. This expansive definition informs the purpose of additional entitlements under section 10(1)(b), which expressly states that parliamentary duties include party political activities. This is significant because it legitimises using allowances for party-political purposes.
Additional entitlements under Part 3 include the electoral allowance and other entitlements determined by the Tribunal. Section 10(2B) provides that the electoral allowance is payable in money to all members as compensation for all incidents of performing parliamentary duties not already compensated by other entitlements. The Tribunal may fix different amounts for different classes of members. Other additional entitlements may include travel allowances, committee allowances, electorate services, staff, offices, equipment, and communication facilities. However, section 10(5) prohibits the Tribunal from dealing with entitlements for travel outside Australia.
Employment benefits under Part 2A are benefits of a private nature provided at the State's cost, approved by the Tribunal as employment benefits. A member must elect in writing to the designated employer, and the employer must approve. The cost of the benefit reduces the member's otherwise payable remuneration. The designated employer is the Executive Manager, Parliamentary Services (or a prescribed position). Section 6B(5) restricts the Tribunal to approving only benefits available to a Public Service employee, excluding benefits only available to senior executives.
Salary sacrifice contribution is defined in section 3 as a superannuation contribution made by way of salary sacrifice. Under Division 3 of Part 3A, members (including continuing contributors to the closed PCSS under section 14EA) may elect to forgo future salary and have it applied as superannuation contributions. The election must specify the percentage or amount of basic and additional salary to be sacrificed.
Designated employer is the person holding the position of Executive Manager, Parliamentary Services, or a prescribed position under section 6A(7). This officer approves employment benefit elections, determines the cost and terms and conditions of those benefits, and is the recipient of salary sacrifice elections under section 14F.
Determination under section 3 means an annual determination under section 11 or a special determination under section 12. Determinations must be made in accordance with Part 3, and the Tribunal must comply with procedural requirements such as considering financial implications (section 12A) and publicising determinations.
The Tribunal is established by section 14G and Schedule 2. It consists of a judicial member or retired judicial member of the Industrial Relations Commission, appointed by the President of that Commission on a part-time basis for up to three years. The Tribunal has broad inquiry powers under section 14I: it may inform itself as it thinks fit, receive written or oral submissions, is not bound by the rules of evidence, and must consider submissions from the Minister.