The Act organises a small set of legal concepts and creates a tight decision‑making architecture around them. Primary legal constructs are: the tribunal itself (establishment, membership, powers, independence), remuneration determinations, additional staff member determinations, implementation mechanisms, and enforcement/recovery processes.
Tribunal establishment and powers: The tribunal is established as a statutory entity of three members appointed by Governor in Council (ss 6, 10). It has functions to review and make determinations on remuneration and cross bench staff entitlements (s 7) and "the powers necessary or convenient" to perform those functions (s 8). Independence is expressly guaranteed: both the tribunal and individual members "must act independently, impartially and fairly" and "are not subject to direction or control by any entity, including any Minister" (s 9).
Membership and eligibility: Eligibility for appointment is limited to persons with extensive knowledge and experience in listed public and organisational fields (s 11(1)), and a long list of ineligibilities is provided (s 11(2)): e.g. members or former members of the Assembly, spouses of members or former members, candidates, employees under the Public Sector Act 2022 or the Parliamentary Service Act 1988, councillors and local government employees, members or employees of political parties, insolvents under administration, and persons with convictions for indictable offences (other than spent convictions). Members are appointed for three years, part‑time, may be reappointed, and one is designated chairman by Governor in Council (ss 12-14).
Determinations: The tribunal makes two primary kinds of binding determinations,remuneration determinations about members and former members (annual salaries, additional salaries, allowances) and additional staff member determinations for cross bench members (ss 27, 31C). The tribunal’s procedural approach is flexible: it may act with as little formality as appropriate, is not bound by the rules of evidence, and may inform itself in any way it considers appropriate (s 28). However, the Act requires consultation with the Clerk for both remuneration and additional staff determinations (ss 30, 31F) and requires the tribunal to have regard to effective and efficient processes (s 28(1)(d)).
Constraints and principles: For remuneration determinations, s 29 lists matters the tribunal "may have regard to",community value of members’ roles, the importance of appropriate remuneration, relevant laws, and other matters the tribunal considers appropriate (example: electorate size). Section 30 imposes specific requirements: consult with the Clerk; ensure allowances reflect reasonable electorate expenses and are not substitutes for other remuneration; and ensure certain entitlements under s 59D are not taken into account. For additional staff determinations, s 31E lists matters the tribunal may consider, including parliamentary resources available, composition of the Assembly, workload and duties of relevant cross bench members, and whether they are party members.
Binding effect and finality: Determinations take effect on the date stated and may operate retrospectively (s 32). A person entitled under a tribunal determination receives the remuneration or staff entitlement decided by the tribunal (s 33). Importantly, s 37 provides that, unless the Supreme Court decides a tribunal decision is affected by jurisdictional error, a tribunal decision is final and conclusive and cannot be challenged, reviewed, or the subject of declaratory or injunctive relief.
Implementation and administrative instruments: The Clerk must keep a Members’ Remuneration Handbook and publish it after tabling (s 60). The chief executive must provide staff and resources to the tribunal (s 25). The Clerk is responsible for implementing cross bench staff entitlements and effecting recovery of overpayments; the Treasurer may be directed to retain amounts where a seat appears to have been vacated while the Assembly is not sitting (s 50). Recovery mechanisms include deduction from fortnightly salaries, interest at a prescribed rate for unpaid overpayments (defined in s 53), and court recovery with Premier approval (ss 56-57, 68, 73).
Transitional concepts: Pt 6 contains transitional provisions affirming certain prior remuneration and revoking specified salary notices (e.g. s 65) and retroactively revoking a tribunal determination (s 72) followed by recovery provisions (s 73). These demonstrate the Act’s capacity to address prior arrangements and to impose retrospective corrections where it provides.
Evidence and administrative certainty: The Act provides that a Clerk’s certificate stating amounts of overpayments or liabilities is evidence of the matters stated (s 58). Minutes must record decisions (s 24), and determinations and reasons must be tabled and published (ss 34-35), creating a public record.
Collectively these concepts create a small, self‑contained ecosystem for setting, implementing and enforcing parliamentary remuneration and cross bench staffing entitlements, with central roles for the tribunal, Clerk, Treasurer and Governor in Council, and constrained judicial review.