1Parliamentary Remuneration Act 1990

South Australia Parliamentary Remuneration Act 1990 An Act to make provision in relation to the remuneration of members of Parliament; and for other purposes.

Contents 1 Short title 3 Interpretation 3A Determinations etc of Remuneration Tribunal 3B Abolition of certain allowances etc 4 Remuneration 4AA Common allowance 4AB Basic salary 4AC Additional salary 4A Non-monetary benefits 4B Salary sacrifice for superannuation purposes 5 Cessation of entitlement to remuneration 5A Involuntary retirement payment 6 Payment from Consolidated Account 6A Ability to provide other allowances and benefits 7 Regulations Schedule—Offices attracting additional salary Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Parliamentary Remuneration Act 1990. 3—Interpretation In this Act, unless the contrary intention appears— additional salary—see section 4AC(1); basic salary—see section 4AB; common allowance—see section 4AA; Commonwealth basic salary means the annual allowance by way of salary from time to time payable under the law of the Commonwealth to a member of the House of Representatives of the Parliament of the Commonwealth who is not entitled to any additional allowance for holding any office, or performing any function, in, or in relation to, that Parliament or that House; non‑participating member means a member of either House of Parliament who has made an election under section 7E of the Parliamentary Superannuation Act 1974; PSS 3 means the scheme of superannuation known as PSS 3 under the Parliamentary Superannuation Act 1974; remuneration means— (a) salary; and (b) allowances; and (c) expenses (including travel expenses); and (d) fees; and (e) any other benefit (whether of a pecuniary nature or otherwise). 3A—Determinations etc of Remuneration Tribunal (1) In relation to an enquiry, determination or other function under this Act, the Remuneration Tribunal must endeavour to maximise the transparency of parliamentary remuneration. (2) Jurisdiction is, by force of this section, conferred on the Remuneration Tribunal to make a determination or perform any other functions required by this Act. (3) The Remuneration Tribunal may make different provision according to the member, the electorate, the House of Parliament or the circumstances to which the determination is to apply. (4) The Remuneration Tribunal may, subject to section 4A(3), vary an amount payable according to any other factor that the Remuneration Tribunal considers relevant. (5) A date fixed by the Remuneration Tribunal as the date on which a determination comes into operation may be earlier than the date of the determination (but not earlier than the date of commencement of this section). (6) The regulations may make further provision in relation to a determination of the Remuneration Tribunal for the purposes of this Act. 3B—Abolition of certain allowances etc (1) Subject to this section, any of the following remuneration that was payable to members and former members of Parliament immediately before the commencement of this section is no longer payable: (a) annual travel allowance; (b) the metrocard special pass; (c) remuneration consisting of subsidised or free interstate rail travel; (d) payment for service by members on parliamentary committees (other than presiding members); (e) expense allowances for Ministers of the Crown determined by the Remuneration Tribunal; (f) expense allowances for the following officers of the Parliament determined by the Remuneration Tribunal: (i) Speaker; (ii) Chairman of Committees; (iii) Leader of the Opposition in the House of Assembly; (iv) Deputy Leader of the Opposition in the House of Assembly; (v) President; (vi) Leader of the Opposition in the Legislative Council. (2) Subsection (1) does not apply in relation to the remuneration referred to in paragraphs (a) to (d) (inclusive) until the Remuneration Tribunal has made the first determinations under section 4AA(1)(b) and (2) following the commencement of that section. (3) Remuneration of a kind referred to in subsection (1) will continue to be payable to persons who are, on the commencement of this section, former members of Parliament to whom the remuneration is payable. (4) Nothing in this section limits the operation of section 6A. 4—Remuneration (1) The remuneration of a member of Parliament consists of— (a) the basic salary; and (b) such additional salary as may be payable to the member; and (c) such electorate allowances and other remuneration as may be determined from time to time by the Remuneration Tribunal or is otherwise payable in accordance with this Act. (2) The Remuneration Tribunal must, in determining electorate allowances and other remuneration for members of Parliament— (a) have regard not only to their parliamentary duties but also to— (i) their duty to be actively involved in community affairs; and (ii) their duty to represent and assist their constituents in dealings with governmental and other public agencies and authorities; and (b) must not reduce an amount payable merely because there has been a change in basic salary. 4AA—Common allowance (1) The Remuneration Tribunal must, as soon as is reasonably practicable after the commencement of this section— (a) ascertain the full value of the following components of remuneration payable to members of Parliament immediately before the commencement of this section (being remuneration that is, on the commencement of section 3B, no longer payable): (i) annual travel allowance; (ii) metrocard special pass; (iii) remuneration consisting of subsidised or free interstate rail travel; and (b) determine an amount of remuneration that reasonably compensates members of Parliament for the abolition of each of those components. (2) The Remuneration Tribunal must, as soon as is reasonably practicable after the commencement of this section, determine the amount of remuneration payable to all members of Parliament for their service as ordinary members on parliamentary committees, comprising— (a) an amount equal to the quotient of the total amount of additional salary paid to ordinary members of all parliamentary committees for the financial year immediately preceding the commencement of this section, divided by the number of members of both Houses of Parliament; and (b) if the Remuneration Tribunal considers that the amount calculated under paragraph (a) does not adequately remunerate members for their service as ordinary members on parliamentary committees—an additional amount determined by the Remuneration Tribunal. (3) The Remuneration Tribunal must, at least once in each 12 month period, review the remuneration referred to in subsection (1)(b) and subsection (2) and may, if it considers it appropriate to do so, determine to increase an amount of remuneration payable by a specified amount. (4) The aggregated amount (up to a maximum of $42 000) of the remuneration referred to in subsection (1)(b) and subsection (2) as varied from time to time will be taken to be the common allowance payable to all members of Parliament. (5) In this section— ordinary member, of a parliamentary committee, means a member who is not a presiding member. 4AB—Basic salary The basic salary payable to a member of Parliament is salary at a rate equal to the rate from time to time of the Commonwealth basic salary less $42 000 plus the common allowance for the relevant year. 4AC—Additional salary (1) If a member of Parliament holds an office specified in the Schedule, additional salary is payable to the member at a rate equal to the percentage of the basic salary (calculated to the nearest dollar) specified in the Schedule in relation to that office. (2) The Remuneration Tribunal may determine that a member holding an office other than those specified in the Schedule should be paid additional salary. (3) If the Remuneration Tribunal makes a determination under subsection (2), the Remuneration Tribunal must determine the rate of additional salary (whether calculated as a percentage of the basic salary or otherwise) that will be paid to a member holding the office as additional salary. (4) A person who holds more than 1 office as a Minister of the Crown may only be paid additional salary and other remuneration in respect of 1 of those offices. (5) A person who holds more than 1 office specified in the Schedule may only be paid additional salary and other remuneration in respect of 1 of those offices. (6) The number of shadow Ministers paid additional salary at any time is not to exceed the number of Ministers of the Crown holding office at that time (and, if there are more shadow Ministers than Ministers of the Crown, then the Leader of the Opposition in the House of Assembly is to nominate which of the shadow Ministers are to be paid additional salary). (7) If a member of Parliament ceases to hold an office specified in the Schedule and the relevant presiding officer for the member certifies, on the basis of medical evidence provided by the member, that they are satisfied that the cessation is due to the ill health, or a disability, of the member, the member continues to be entitled to additional salary as if they had not ceased to hold the office until— (a) the member is again appointed to an office specified in the Schedule; or (b) the member ceases to be a member of Parliament; or (c) the relevant presiding officer for the member is no longer satisfied that the member is unable to hold an office specified in the Schedule due to the ill health, or a disability, of the member; or (d) the House of Assembly is next dissolved by the Governor, whichever occurs first. (8) The relevant presiding officer for a member of Parliament who is receiving additional salary in accordance with subsection (7) may, at any time, require the member to provide further medical evidence for the purpose of satisfying the relevant presiding officer that the member continues to be unable to hold an office specified in the Schedule due to the ill health, or a disability, of the member. (9) In this section— medical evidence means a report or certificate of a medical practitioner; relevant presiding officer for a member means— (a) in the case of a member of the House of Assembly—the Speaker of the House of Assembly; or (b) in the case of a member of the Legislative Council—the President of the Legislative Council. 4A—Non-monetary benefits (1) A determination of the Remuneration Tribunal, in accordance with section 4, with respect to the provision of non-monetary benefits for members of Parliament may— (a) provide for the provision (at the option of a member) of any article, motor vehicle, equipment or service to members; and (b) specify the terms and conditions which are to apply to the provision and use of such articles, motor vehicles, equipment or services; and (c) provide for the calculation and imposition of any contribution which the member is required to make towards the cost of providing the article, motor vehicle, equipment or service; and (d) make any other provision necessary to give effect to the determination. (2) If the Remuneration Tribunal determines that a contribution is payable by a member of Parliament towards the cost of providing an article, motor vehicle, equipment or service, a member of Parliament may, in accordance with the determination of the Tribunal and despite any other provision of this Act, elect to pay the contribution by any of the following means, or by a combination of the following means: (a) by way of a salary sacrifice by the member; (b) by way of a reduction in the allowances and expenses that would otherwise be payable to the member; (c) by a direct payment by the member to the Treasurer. (3) Except as provided by subsection (2), a determination of the Remuneration Tribunal must not provide for any reduction in the electorate allowances and other allowances and expenses payable to members of Parliament by reason of the provision of any non-monetary benefits to members. (4) In making a determination with respect to the provision of non-monetary benefits for members of Parliament, the Remuneration Tribunal must have regard to any non‑monetary benefits provided under the law of the Commonwealth to senators or members of the House of Representatives of the Parliament of the Commonwealth, and to the terms and conditions on which such benefits are provided. (5) A determination of the Remuneration Tribunal with respect to the provision of motor vehicles to members of Parliament must specify a motor vehicle, or range of motor vehicles, that will constitute the standard motor vehicle to be provided to members in accordance with the determination. (6) A member of Parliament who is, in accordance with a determination of the Remuneration Tribunal, entitled to be provided with a motor vehicle may request the provision of a motor vehicle that is other than a standard motor vehicle specified in the determination, provided that any extra cost involved in the provision of such a motor vehicle is to be borne by the member in accordance with guidelines determined by the Remuneration Tribunal (and is payable in a manner determined under those guidelines). 4B—Salary sacrifice for superannuation purposes (1) In this section— salary means basic salary and additional salary (if any). (2) A member of Parliament may elect to forego a percentage or amount of salary that would otherwise be paid to the member and instead have contributions made— (a) in the case of a non‑participating member—to the complying fund that applies in relation to the member under section 7E of the Parliamentary Superannuation Act 1974; and (b) in any other case—to PSS 3, for superannuation purposes. (3) The election must— (a) be made in writing; and (b) be signed by the member; and (c) be furnished to the Treasurer. (4) The election must— (a) specify the percentage or amount of salary that is foregone; and (b) specify the date from which the election is to have effect, being a date— (i) that is at least 14 days after the date on which the notice is furnished to the Treasurer; and (ii) that coincides with a date on which salary is actually due to be paid to the member; and (c) contain such other information (if any) as is required by the Treasurer. (6) If an amount of salary is specified, it must be an amount of salary per pay period. (7) If a member has made an election under this section then, while the election has effect— (a) the salary to which the member would otherwise be entitled under this Act is reduced in accordance with the terms of the election; and (b) the Treasurer must make contributions of amounts representing the amount of reduction for the benefit of the member— (i) in the case of a non‑participating member—to the complying fund that applies in relation to the member under section 7E of the Parliamentary Superannuation Act 1974; and (ii) in any other case—in accordance with section 14C(2) of the Parliamentary Superannuation Act 1974. (8) A member who has made an election under this section may vary the election from time to time in accordance with the regulations. (9) An election under this section will cease to have effect if— (a) the member dies; or (b) the member revokes the election by notice in writing furnished to the Treasurer in accordance with the regulations. (10) For the purposes of determining a percentage of salary under this section, any amount that may be deducted from salary under section 4A or 6A(2) will be disregarded. (11) A member who has made an election under this section must— (a) pay to the Treasurer an administrative charge of an amount fixed by the Treasurer at intervals, and in a manner, specified by the Treasurer; and (b) if required by the Treasurer, enter into an arrangement specified by the Treasurer under which the member indemnifies the Crown with respect to— (i) any income tax or other taxation liability whatsoever (including any administrative penalty, fine or other amount) that may become payable pursuant to any relevant taxation legislation or ruling; and (ii) any other liability that may arise on account of the member's decision to sacrifice salary under this section. 5—Cessation of entitlement to remuneration The entitlement of a member of Parliament to remuneration under this Act does not cease by reason of the fact that he or she has ceased to be a member— (a) on the dissolution of the House of which he or she is a member; or (b) on the expiry of the member's term by the effluxion of time, but such entitlement does cease— (c) in the case of the additional salary and allowances, expenses and benefits in respect of an office specified in the Schedule—when the person ceases to hold that office (subject to section 4AC(7)); and (d) in the case of other remuneration—when a successor is elected as a member of Parliament in his or her place. 5A—Involuntary retirement payment (1) An eligible member who retires involuntarily following the commencement of this section is entitled to an involuntary retirement payment equal to 12 weeks of basic salary (which will be taken to be remuneration for the purposes of section 6). (2) A former member will be taken to have retired involuntarily for the purposes of subsection (1) if, and only if, the former member is taken to have retired involuntarily for the purposes of the Parliamentary Superannuation Act 1974. (3) However, a former member who is taken to have retired involuntarily for the purposes of the Parliamentary Superannuation Act 1974 on the basis that, following the expiration of the member's term of office or his or her resignation, the member sought to be and was elected at an election for the Parliament of another State or the Commonwealth will not be taken to have retired involuntarily for the purposes of subsection (1). (4) In this section— eligible member means— (a) a PSS 3 member; or (b) a non‑participating member; PSS 3 member means a member of PSS 3 under the Parliamentary Superannuation Act 1974, other than— (a) a person who is only a member of PSS 3 in order to establish— (i) a rollover account under section 7F of that Act; or (ii) a Government contribution account under section 7G of that Act, (or both); or (b) a person who is also a member pensioner (within the meaning of that Act). 6—Payment from Consolidated Account A member of Parliament is entitled to the remuneration fixed by or under this Act and this section is sufficient authority for the payment from the Consolidated Account of the amounts required for that purpose. 6A—Ability to provide other allowances and benefits (1) This Act does not limit or affect the ability of the Parliament or the Crown to provide allowances and other benefits that are additional or supplementary to the awards of the Remuneration Tribunal under this Act. (2) If the Parliament or the Crown offers to provide any allowance or benefit to a member of Parliament under this section and it is a condition of that offer that the member pay a contribution towards the cost of providing the allowance or benefit— (a) the provision of the allowance or benefit must be at the option of the member; and (b) the member may, despite any other provision of this Act, elect to pay the contribution by any of the following means, or by a combination of the following means: (i) by way of a salary sacrifice by the member; (ii) by way of a reduction in the allowances and expenses that would otherwise be payable to the member; (iii) by a direct payment by the member to the Treasurer. 7—Regulations The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. Schedule—Offices attracting additional salary