Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019

Version No. 004

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019

No. 5 of 2019

Version incorporating amendments as at
16 September 2020

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 3

3 Definitions 3

Part 2—Victorian Independent Remuneration Tribunal 8

4 Establishment 8

5 Independence of the Tribunal and Tribunal members 8

6 Functions and powers of the Tribunal 8

7 Membership of the Tribunal 10

8 Eligibility to be appointed as a Tribunal member 10

9 Terms and conditions of appointment 11

10 Vacancy, resignation and removal from office 12

11 Acting Tribunal member 13

12 Meetings of the Tribunal 14

13 Method of inquiry by the Tribunal 15

14 Disclosure of interests 15

15 Tribunal officers 16

Part 3—Determinations 17

16 Power to make Determinations 17

17 Determinations in relation to Members 17

18 Determinations for annual adjustments in relation to Members 20

19 Determinations in relation to executives employed in prescribed public entities 20

20 Determination for annual adjustments in relation to executives employed in prescribed public entities 21

21 Determinations in relation to remuneration bands for executives employed in public service bodies 21

22 Determinations for annual adjustments in relation to executives employed in public service bodies 22

23 Determination in relation to matter requested by the Minister 22

23A Determinations in relation to Mayors, Deputy Mayors and Councillors 23

23B Determinations for annual adjustments in relation to Mayors, Deputy Mayors and Councillors 25

24 Requirements in relation to the making of a Determination 25

25 When does a Determination take effect 26

26 Tabling and publication of Determinations 27

Part 4—Compliance Officer 28

27 Office of Compliance Officer 28

28 Function and powers of the Compliance Officer 28

29 Appointment provisions 29

30 Veto of proposed primary Compliance Officer or proposed secondary Compliance Officer 30

31 Terms and conditions of appointment 31

32 Vacancy, resignation and removal from office 32

33 Conflict of Interest 33

34 Immunity provision 33

35 Publication absolutely privileged 34

Part 5—General 35

36 Tribunal may make and publish guidelines 35

37 Tribunal may provide advice 36

38 Tribunal may undertake reviews and publish reports 37

39 Tribunal to conduct review and report on superannuation arrangements for Members under Parts 3 and 4 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 38

40 Annual report 38

41 Confidentiality of information 39

42 Disclosure or provision of information by Tribunal member, Tribunal officer or Compliance Officer 40

43 Taking advantage of information 40

44 Regulations 41

45 Minister to conduct review 41

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Endnotes 43

1 General information 43

2 Table of Amendments 45

3 Amendments Not in Operation 46

4 Explanatory details 47

Version No. 004

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019

No. 5 of 2019

Version incorporating amendments as at
16 September 2020

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to establish the Victorian Independent Remuneration Tribunal to—

(i) determine salaries, work-related parliamentary allowances and the Budget for Members of Parliament under the Parliamentary Salaries and Superannuation Act 1968; and

(ii) determine remuneration bands for executives employed in prescribed public entities; and

(iii) determine remuneration bands for executives employed in public service bodies; and

S. 1(a)(iiia) inserted by No. 9/2020 s. 380.

(iiia) determine allowances for Mayors, Deputy Mayors and Councillors; and

S. 1(a)(iiib) inserted by No. 9/2020 s. 380.

(iiib) determine Council allowance categories; and

(iv) perform such other functions as are specified; and

(b) to amend the Parliamentary Salaries and Superannuation Act 1968 to—

(i) rename the Act and provide for the purpose of the Act; and

(ii) insert a Statement of Principles in relation to the use of public resources by Members of Parliament; and

(iii) provide for work-related parliamentary allowances and the Budget; and

(iv) create a new parliamentary travel allowance to support the travel of Members of Parliament where necessary for the performance of their public duties; and

(v) replace the resettlement allowance with a separation payment; and

(vi) establish a monitoring, compliance and enforcement system to be administered by the relevant Officer; and

(vii) provide for a Compliance Officer to hear and determine appeals in relation to determinations; and

(c) to amend the Members of Parliament (Register of Interests) Act 1978 to promote public trust and confidence in Members of Parliament by—

(i) renaming the Act and providing for the objective of the Act; and

(ii) inserting a Statement of Values for Members of Parliament; and

(iii) updating the Code of Conduct for Members of Parliament; and

(iv) expanding the Register of Interests for Members of Parliament; and

(v) making other necessary amendments; and

(d) to amend the Parliamentary Administration Act 2005 to clarify the role of electorate officers; and

(e) to make related amendments to the Public Administration Act 2004 and consequential amendments to certain other Acts.

2 Commencement

(1) Parts 1, 2, 3, 4 and 5, sections 46 and 47, Parts 7 and 8 and sections 83 to 85 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 61 is to be taken to have come into operation on 1 July 2018.

(3) Section 55 is to be taken to have come into operation on 29 October 2018.

(4) The remaining provisions of this Act come into operation on the day after the expiry of the period of 180 days from the day on which this Act receives the Royal Assent.

3 Definitions

In this Act—

additional salary means the additional salary payable to a Member who is a specified parliamentary office holder in respect of that specified parliamentary office as set out in a Determination that is currently in effect;

basic salary means the basic salary payable to a Member as set in a Determination that is currently in effect;

Budget means the Electorate Office and Communications Budget of a Member;

Chair means the Chair of the Tribunal under section 7(3);

Compliance Officer means the Compliance Officer appointed under Part 4;

Determination means a Determination made by the Tribunal under Part 3;

Member means member of the Parliament of Victoria;

public entity has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

public service body means a public service body within the meaning of section 4(1) of the Public Administration Act 2004;

public service body Head has the same meaning as it has in section 4(1) of the Public Administration Act 2004;

specified occupational group means an occupational group specified in section 6(1)(a), (b), (d), (e), (f), (g) or (h);

specified parliamentary office means any of the following offices held by a Member in addition to their role as a Member—

(a) Premier;

(b) Deputy Premier;

(c) any other responsible Minister of the Crown;

(d) Leader of the Opposition;

(e) President;

(f) Speaker;

(g) Deputy President;

(h) Deputy Speaker;

(i) Deputy Leader of the Opposition in the Assembly;

(j) Leader of the Opposition in the Council;

(k) Leader of the Third Party (unless they are also the Leader or Deputy Leader of the Opposition or a Minister of the Crown);

(l) Cabinet Secretary;

(la) Parliamentary Secretary to the Premier;

(m) a Shadow Minister;

(n) a Chairperson of a parliamentary committee (including a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003, a standing committee, a select committee and a domestic committee);

(o) a Deputy Chairperson of a parliamentary committee (including a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003, a standing committee, a select committee and a domestic committee);

(p) Government Whip in the Assembly;

(pa) Deputy Government Whip in the Assembly;

(q) Deputy Leader of the Opposition in the Council;

(r) a Parliamentary Secretary (other than the Parliamentary Secretary to the Premier);

(s) Deputy Leader of the Third Party (unless they are also the Leader or Deputy Leader of the Opposition or a Minister of the Crown);

(t) Government Whip in the Council;

(u) Opposition Whip in the Assembly;

(v) Opposition Whip in the Council;

(w) Whip of the Third Party in the Assembly;

(x) Whip of the Third Party in the Council;

(y) Secretary of the Party forming the Government;

(z) Secretary of the Opposition Party;

(za) Secretary of the Third Party;

(zb) any other prescribed parliamentary office;

specified parliamentary office holder means a Member who holds a specified parliamentary office;

Tribunal means the Victorian Independent Remuneration Tribunal established under section 4;

Tribunal member means a member of the Tribunal;

Tribunal officer means an employee made available to the Tribunal under section 15(1);

work-related parliamentary allowances means the following—

(a) an electorate allowance;

(b) any expense allowance;

(c) a parliamentary accommodation sitting allowance;

(d) a travel allowance;

(e) a motor vehicle allowance;

(f) any other prescribed allowance.

Part 2—Victorian Independent Remuneration Tribunal

4 Establishment

The Victorian Independent Remuneration Tribunal is established.

5 Independence of the Tribunal and Tribunal members

(1) The Tribunal must act independently and impartially in performing its functions and exercising its powers.

(2) The Tribunal and Tribunal members are not in the performance of their functions and the exercise of their powers when making a Determination subject to the direction or control of any person, including any Minister.

6 Functions and powers of the Tribunal

(1) The Tribunal has the following functions—

(a) inquire into and determine the basic salary and the value of work-related parliamentary allowances for Members;

(b) inquire into and determine the additional salary and value of parliamentary allowances for specified parliamentary office holders;

(c) inquire into and determine the Budget;

(d) inquire into and determine the remuneration bands for executives employed in prescribed public entities;

(e) issue guidelines with respect to the placement of executives within the remuneration bands determined under paragraph (d);

(f) at the request of the Minister, inquire into and determine the remuneration package for a Chief Executive Officer employed in a prescribed public entity;

(g) inquire into and determine the remuneration bands for executives employed in public service bodies;

(h) issue guidelines with respect to the placement of public service body Heads and other executives within the remuneration bands determined under paragraph (g);

(i) provide advice about requests to approve remuneration for public service body Heads and other executives which is above the relevant remuneration band;

S. 6(1)(ia) inserted by No. 9/2020 s. 381.

(ia) inquire into and determine the allowances payable to Mayors, Deputy Mayors and Councillors;

S. 6(1)(ib) inserted by No. 9/2020 s. 381.

(ib) determine Council allowance categories;

(j) make recommendations to the Minister about the remuneration of any specified occupational group;

(k) conduct reviews and analyse public sector remuneration trends in relation to any specified occupational group;

(l) provide advice to the Minister on any matter relating to the remuneration of any specified occupational group;

(m) prepare and publish information on any matter relating to the remuneration of any specified occupational group.

(2) Subject to subsection (3), the Tribunal has the power to do all things necessary or convenient to be done in connection with the performance of its functions.

(3) For the avoidance of doubt, the Tribunal does not have the power to perform any function or make any Determination in relation to any matter that is within the jurisdiction of the Commonwealth Fair Work Commission.

7 Membership of the Tribunal

(1) The Tribunal is to consist of up to 3 Tribunal members.

(2) A Tribunal member must be an eligible person under section 8 appointed by instrument of appointment by the Governor in Council on the recommendation of the Minister.

(3) One of the Tribunal members is to be appointed in the instrument of appointment to be the Chair of the Tribunal.

8 Eligibility to be appointed as a Tribunal member

(1) Subject to subsection (2), a person is eligible to be appointed as a Tribunal member only if the person has extensive or specialist knowledge, expertise or experience in one or more of the following fields—

(a) Government;

(b) community affairs;

(c) economics;

(d) human resource management;

(e) industrial relations;

(f) law;

(g) public administration;

(h) public finance;

(i) public sector ethics;

(j) any other field the Minister considers relevant.

(2) Despite subsection (1), a person is not eligible to be appointed as a Tribunal member if the person—

(a) nominates for election as a Member or is elected as a Member; or

S. 8(2)(b) amended by No. 9/2020 s. 382(a).

(b) is employed as an executive in a prescribed public entity or as an executive in a public service body; or

S. 8(2)(c) inserted by No. 9/2020 s. 382(b).

(c) is a candidate for election as a Councillor or is elected as a Councillor; or

S. 8(2)(d) inserted by No. 9/2020 s. 382(b).

(d) is employed as a Chief Executive Officer of a Council or member of Council staff.

9 Terms and conditions of appointment

(1) A Tribunal member holds office for the period not exceeding 5 years as is specified in the instrument of appointment.

(2) A Tribunal member—

(a) is appointed on a part-time basis; and

(b) subject to section 8, is eligible for re‑appointment; and

(c) is entitled to be paid the prescribed remuneration; and

(d) subject to this Act, is appointed on the terms and conditions that are specified in the instrument of appointment.

(3) The remuneration of a Tribunal member cannot be reduced during their term of office unless they consent to the reduction.

(4) The Public Administration Act 2004 does not apply to a Tribunal member in respect of the office of Tribunal member.

10 Vacancy, resignation and removal from office

(1) A Tribunal member ceases to hold office if the Tribunal member—

(a) resigns by writing delivered to the Governor in Council; or

(b) becomes an insolvent under administration; or

(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) has nominated for election as a Member or is elected as a Member; or

(e) is employed as an executive or Chief Executive Officer in a prescribed public entity or as an executive in a public service body; or

S. 10(1)(ea) inserted by No. 9/2020 s. 383.

(ea) is a candidate for election as a Councillor or is elected as a Councillor; or

S. 10(1)(eb) inserted by No. 9/2020 s. 383.

(eb) is employed as a Chief Executive Officer of a Council or member of Council staff; or

(f) becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or

(g) is removed from office in accordance with subsection (2); or

(h) dies.

(2) The Governor in Council may remove a Tribunal member from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(c) inability to perform the duties of the office;

(d) any other ground on which the Governor in Council is satisfied that the Tribunal member is unfit to hold office.

11 Acting Tribunal member

(1) The Governor in Council may on the recommendation of the Minister appoint a person to act in the office of a Tribunal member during—

(a) any vacancy in the office of a Tribunal member; or

(b) any period when the person holding the office—

(i) is absent from duty; or

(ii) is for any other reason unable to perform the duties of the office.

(2) The Governor in Council may at any time remove a person acting in the office of a Tribunal member appointed under subsection (1).

(3) The Minister may appoint a person as an acting Tribunal member for a period not exceeding 6 months as is specified in the instrument of appointment.

(4) The Minister may at any time remove a person acting in the office of a Tribunal member under subsection (3).

(5) A person cannot be appointed to be an acting Tribunal member unless the person satisfies the eligibility requirements under section 8 to be appointed as a Tribunal member.

(6) While a person is appointed as an acting Tribunal member, the person—

(a) has and may exercise all the powers, and must perform all the functions, of the office of Tribunal member; and

(b) if appointed under subsection (1), is entitled to be paid the prescribed remuneration; and

(c) if appointed under subsection (3), is entitled to be paid the remuneration specified in the instrument of appointment as an acting Tribunal member.

12 Meetings of the Tribunal

(1) The Chair may convene meetings of the Tribunal.

(2) The Chair must preside at any meeting of the Tribunal at which the Chair is present.

(3) If the Chair is not present at a meeting of the Tribunal, another Tribunal member nominated by the Chair must preside.

(4) Subject to this Act, at a meeting of the Tribunal—

(a) the procedure is to be determined by the Tribunal; and

(b) 2 Tribunal members constitute a quorum; and

(c) all questions are to be decided by a majority of votes of the Tribunal members present and voting; and

(d) the Chair or other Tribunal member presiding at the meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(5) The Tribunal must keep minutes of its meetings that record all decisions, Determinations and rulings of the Tribunal.

13 Method of inquiry by the Tribunal

In the performance of the functions of the Tribunal, the Tribunal—

(a) may inform itself in any manner that the Tribunal decides is appropriate; and

(b) may seek and receive written or oral statements; and

(c) is not required to conduct proceedings in a formal manner; and

(d) is not bound by the rules of evidence.

14 Disclosure of interests

(1) This section applies to a Tribunal member if—

(a) the Tribunal member has a direct or indirect interest, financial or otherwise, in a matter being considered, or about to be considered, by the Tribunal; and

(b) the interest could conflict with the proper performance of the Tribunal member in considering the matter.

(2) As soon as practicable after the relevant facts come to the Tribunal member's knowledge, the Tribunal member must disclose the nature of the interest at a meeting of the Tribunal.

(3) The Tribunal member must not take part, or take further part, in any consideration of, or decision about, the matter without the consent of the other Tribunal members.

(4) A disclosure under subsection (2) must be recorded in the minutes of the meeting of the Tribunal.

15 Tribunal officers

(1) The Secretary to the Department must make available employees employed under Part 3 of the Public Administration Act 2004 to the Tribunal as Tribunal officers to enable the Tribunal to perform its functions and exercise its powers.

(2) The Chair may, by instrument, delegate to a Tribunal officer any function or power of the Chair, other than this power of delegation or any powers under section 12.

(3) If the public sector values referred to in section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 would, but for this subsection, apply to a Tribunal officer, those public sector values do not apply to the Tribunal officer in respect of their employment or engagement as a Tribunal officer.

Note

Section 7(1)(a)(i) and (c)(iii) of the Public Administration Act 2004 deal with providing advice to the Government and implementing Government policies and programs.

Part 3—Determinations

16 Power to make Determinations

(1) The Tribunal has the power to make Determinations in accordance with this Part.

(2) A Determination is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

17 Determinations in relation to Members

(1) The Tribunal must make a Determination setting the value of the following salaries and allowances for Members—

(a) the basic salary;

(b) additional salaries;

(c) work-related parliamentary allowances;

(d) any other prescribed allowance;

(e) the Budget.

(2) A Determination may provide for the following—

(a) the additional salary for specified parliamentary office holders to vary according to—

(i) the office held; or

(ii) any other prescribed criteria;

(b) the additional salary for the purposes of paragraphs (n) and (o) of the definition of specified parliamentary office to vary according to the parliamentary committee of which the Member is Chairperson or Deputy Chairperson;

(c) a work-related parliamentary allowance to vary according to—

(i) the area of the electorate represented by the Member; or

(ii) the number of electors represented by the Member; or

(iii) the place at which a Member usually resides; or

(iv) any other prescribed criteria.

(3) When making a Determination, the Tribunal must—

(a) not set the basic salary at a rate that is higher than the basic salary for Members of the Parliament of the Commonwealth; and

(b) take into account the salary and allowances for, and the roles and responsibilities of, Members of the Parliaments of the Commonwealth, other States and the Territories; and

(c) take into account existing guidelines and rulings governing the use of work-related parliamentary allowances and the Budget, including any relevant rulings by the Australian Taxation Office; and

(d) ensure that individual Members are
in an overall position that is no less favourable than the arrangements that are in place before the making of the Determination, taking into account the basic salary, additional salary, the Budget, work-related parliamentary allowances and superannuation and pension arrangements; and

(e) in setting the value of the electorate allowance, take into account that the purpose of the electorate allowance is for costs associated with Members providing services to their constituents.

Note

These costs include the additional costs incurred by a Member when providing services to their constituents in electorates with larger geographic areas.

(4) Without limiting the generality of subsection (2), a Determination, except the first Determination made under subsection (1) in relation to the value of the electorate allowance, may set the value of an allowance at zero.

(5) In addition to complying with subsection (3), the first Determination made under subsection (1) must—

(a) include a comprehensive review of the existing basic salary, additional salaries, work-related parliamentary allowances and other funding and superannuation and pension arrangements provided to Members; and

S. 17(5)(b) amended by No. 5/2019 s. 82(1).

(b) set a portion of basic salary that is basic salary for the purposes of the definition of basic salary in section 10(1) of the Parliamentary Salaries, Allowances and Superannuation Act 1968 (the basic salary portion) at a value that is greater than $158 560; and

(c) provide for the annual indexation of the basic salary portion; and

(d) set the value of the electorate allowance at not less than $20 000; and

(e) provide for any other matter that the Tribunal considers relevant.

(6) The first Determination under subsection (1) takes effect on the day after the expiry of the period of 180 days from the day on which this Act receives the Royal Assent.

(7) The Tribunal must make a new Determination under subsection (1) within 6 months after the first sitting day of each subsequent Parliament which—

(a) includes a comprehensive review of the existing salaries, additional salaries, work‑related parliamentary allowances and other funding and superannuation and pension arrangements provided to Members; and

(b) provides for any other matter that the Tribunal considers relevant.

18 Determinations for annual adjustments in relation to Members

(1) Subject to subsection (2), the Tribunal must make a Determination providing for an annual adjustment to the values set in the current Determination under section 17.

(2) The Tribunal must not make a Determination under subsection (1) if a Determination has been made under section 17(1) or (7) in the preceding period of 9 months.

19 Determinations in relation to executives employed in prescribed public entities

(1) The Tribunal must make a Determination setting the values of the remuneration bands for executives employed in prescribed public entities, which must—

(a) include a comprehensive review of the roles of executives employed in prescribed public entities and the existing remuneration provided to executives; and

(b) provide for any other matter that the Tribunal considers relevant.

(2) The Tribunal must make a new Determination under subsection (1) at the end of each subsequent period of 4 years after the previous Determination was made under subsection (1).

(3) A new Determination under subsection (1) must—

(a) include a comprehensive review of the roles of executives employed in prescribed public entities and the existing remuneration bands; and

(b) provide for any other matter that the Tribunal considers relevant.

20 Determination for annual adjustments in relation to executives employed in prescribed public entities

(1) Subject to subsection (2), the Tribunal must make a Determination providing for an annual adjustment to the values set in the current Determination under section 19.

(2) The Tribunal must not make a Determination under subsection (1) if a Determination has been made under section 19 in the preceding period of 9 months.

21 Determinations in relation to remuneration bands for executives employed in public service bodies

(1) The Tribunal must make a Determination setting the values of the remuneration bands for executives employed in public service bodies which must—

(a) include a comprehensive review of the roles of executives employed in public service bodies and the existing remuneration provided to executives under the Public Administration Act 2004 as in force before the commencement of Part 7 of this Act; and

(b) provide for any other matter that the Tribunal considers relevant.

(2) The Tribunal must make a new Determination under subsection (1) at the end of each subsequent period of 4 years after the previous Determination was made under subsection (1).

(3) A new Determination under subsection (1) must—

(a) include a comprehensive review of the roles of executives employed in public service bodies and the existing remuneration provided to executives; and

(b) provide for any other matter that the Tribunal considers relevant.

22 Determinations for annual adjustments in relation to executives employed in public service bodies

(1) Subject to subsection (2), the Tribunal must make a Determination providing for an annual adjustment to the values set in the current Determination under section 21.

(2) The Tribunal must not make a Determination under subsection (1) if a Determination has been made under section 21 in the preceding period of 9 months.

23 Determination in relation to matter requested by the Minister

(1) The Minister may request the Tribunal to make a Determination in relation to any matter relating to the remuneration of executives employed in prescribed public entities and executives employed in public service bodies being a matter in respect of which the Tribunal has the power to make a Determination.

(2) The Tribunal must make a Determination in relation to a request under subsection (1) within a reasonable period after receiving the request.

(3) Sections 24 and 26 do not apply to a Determination made under this section.

S. 23A inserted by No. 9/2020 s. 384.

23A Determinations in relation to Mayors, Deputy Mayors and Councillors

(1) The Tribunal must make a Determination setting the value of the amount of the allowance payable to the following—

(a) Mayors;

(b) Deputy Mayors;

(c) Councillors.

(2) A Determination must provide for Council allowance categories.

(3) A Council allowance category may be specified for—

(a) a Council;

(b) a group of Councils.

(4) The Tribunal must make the first Determination under this section to take effect on the day after the expiry of the period of 6 months after receiving a request from the Minister administering the Local Government Act 2020 to make the first Determination.

(5) When making the first Determination under this section, the Tribunal must—

(a) include a comprehensive review of the existing allowance categories and Councillor allowances and Mayoral allowances under the Local Government Act 1989 taking into account similar allowances for elected members of local government bodies in other States and allowances for persons elected to other voluntary part-time community bodies; and

(b) provide for the annual indexation of allowances; and

(c) set the value of allowances at not less than the existing equivalent allowances under the Local Government Act 1989; and

(d) provide for any other relevant matter that the Tribunal considers relevant.

(6) The Tribunal must make a new Determination under this section within 6 months after the relevant date.

(7) When making a new Determination under this section, the Tribunal must—

(a) include a comprehensive review of the existing allowance categories and Councillor allowances and Mayoral allowances under the existing Determination taking into account similar allowances for elected members of local government bodies in other States and allowances for persons elected to other voluntary part-time community bodies; and

(b) provide for the annual indexation of allowances; and

(c) provide for any other relevant matter that the Tribunal considers relevant.

(8) For the purposes of subsection (6), relevant date means—

(a) the day on which the second general election after the first determination has been made under subsection (4) is held and the day on which each subsequent second general election is held; and

(b) any day on which the Minister administering the Local Government Act 2020 requests the Tribunal to make a new Determination under this section.

(9) The Minister administering the Local Government Act 2020 must make a request under subsection (4) or (8)(b) in consultation with the Minister.

S. 23B inserted by No. 9/2020 s. 384.

23B Determinations for annual adjustments in relation to Mayors, Deputy Mayors and Councillors

(1) Subject to subsection (2), the Tribunal must make a Determination providing for an annual adjustment to the values set in the current Determination under section 23A.

(2) The Tribunal must not make a Determination under subsection (1) if a Determination has been made under section 23A in the preceding period of 9 months.

24 Requirements in relation to the making of a Determination

(1) Before the Tribunal makes a Determination, the Tribunal must—

(a) publish notice of its intention to make a Determination; and

(b) include details about the proposed Determination in the public notice; and

(c) give any affected person or a class of affected persons a reasonable opportunity to make a submission in relation to the proposed Determination.

(2) The Tribunal must, in making a Determination, consider the following—

(a) any statement or policy issued by the Government of Victoria which is in force with respect to its wages policy (or equivalent) and the remuneration and allowances of any specified occupational group;

(b) the financial position and fiscal strategy of the State of Victoria;

(c) current and projected economic conditions and trends;

(d) submissions received in relation to the proposed Determination;

(e) any other prescribed matter.

(3) The Tribunal must include a statement of reasons in a Determination.

25 When does a Determination take effect

(1) Subject to section 17(6) and subsections (3) and (4), a Determination has effect from the day specified in the Determination.

(2) The day specified in a Determination to which subsection (1) applies may be a day before it is made.

(3) The first Determination made under section 19(1) takes effect on the day after the expiry of the period of 12 months from the day on which this Act receives the Royal Assent.

(4) The first Determination made under section 21(1) takes effect on the day after the expiry of the period of 6 months from the day on which this Act receives the Royal Assent.

(5) A Determination made under section 18, 20 or 22 takes effect on 1 July of the year in which the Determination is made.

26 Tabling and publication of Determinations

(1) The Chair must provide a copy of a Determination relating to Members to the Clerk of each House of Parliament as soon as practicable after it is made.

(2) The Clerk of each House of Parliament must as soon as practicable after receiving a copy of a Determination relating to Members—

(a) notify each Member of that House that the Determination has been received; and

(b) make copies of the Determination available to Members of that House; and

(c) cause the Determination to be laid before that House on the next sitting day.

(3) As soon as practicable after a Determination is made, the Chair must publish the Determination.

Part 4—Compliance Officer

27 Office of Compliance Officer

There is established the office of Compliance Officer attached to the Tribunal.

28 Function and powers of the Compliance Officer

S. 28(1) amended by No. 5/2019 s. 82(2)(a).

(1) The function of the Compliance Officer is to hear and determine appeals under sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968.

(2) In performing the function of the Compliance Officer, the Compliance Officer—

(a) may seek and receive written or oral statements; and

(b) is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that the Compliance Officer adopts the rules of evidence or any practices or procedures; and

S. 28(2)(c) amended by No. 5/2019 s. 82(2)(a).

(c) subject to this section and sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968, may inform themselves as they see fit; and

S. 28(2)(d) amended by No. 5/2019 s. 82(2)(b).

(d) must conduct a proceeding as expeditiously and with as little formality and technicality as the requirements of the Parliamentary Salaries, Allowances and Superannuation Act 1968 and a proper consideration of the appeal permit.

(3) The Compliance Officer is not subject to the direction or control of any person, including the Minister, in the performance of the function of the Compliance Officer.

(4) The function of the Compliance Officer is to be performed—

(a) by the primary Compliance Officer; or

(b) if the primary Compliance Officer is unable to hear an appeal, by the secondary Compliance Officer.

S. 28(5) amended by No. 5/2019 s. 82(2)(a).

(5) A reference in this Act and sections 7E and 9H of the Parliamentary Salaries, Allowances and Superannuation Act 1968 to the Compliance Officer is a reference to whichever of the primary Compliance Officer or the secondary Compliance Officer is hearing the appeal.

29 Appointment provisions

(1) There is to be appointed a primary Compliance Officer and a secondary Compliance Officer.

(2) A person appointed to be a primary Compliance Officer or secondary Compliance Officer must be an eligible person under subsection (3) appointed by instrument of appointment by the Governor in Council on the recommendation of the Minister.

(3) A person is eligible to be appointed as a primary Compliance Officer or secondary Compliance Officer if the person—

(a) is, or has been, qualified for appointment as a judge of the High Court, the Federal Court or the Supreme Court of Victoria or another State or a Territory of the Commonwealth; or

(b) has extensive or specialist knowledge, expertise or experience in—

(i) government, law or public administration; or

(ii) any other field that the Minister considers is relevant to the performance of the function of the Compliance Officer.

(4) A person is not eligible to be appointed as a primary Compliance Officer or a secondary Compliance Officer if the person is a Member or nominates for election as a Member.

30 Veto of proposed primary Compliance Officer or proposed secondary Compliance Officer

(1) Subject to subsection (4), the Minister must not make a recommendation under section 29 unless—

(a) the Minister has submitted details of the proposed recommendation to the Parliamentary Committee; and

(b) either—

(i) within the time specified in subsection (2), the Parliamentary Committee has informed the Minister that it has decided not to veto the recommendation; or

(ii) the time specified in subsection (2) has elapsed and the Parliamentary Committee has not vetoed the recommendation.

(2) The Parliamentary Committee must make a decision under this section within 30 days after the Minister has submitted details of the proposed recommendation to the Parliamentary Committee.

(3) The Parliamentary Committee—

(a) may decide to veto or not to veto the proposed recommendation; and

(b) must notify the Minister in writing of its decision within the period specified in subsection (2).

(4) Subsections (1) to (3) do not apply to the appointment of the first primary Compliance Officer and the first secondary Compliance Officer under this Act and the Minister may make the recommendation for the appointment of the first primary Compliance Officer and the first secondary Compliance Officer after the Premier has consulted in relation to the proposed recommendation with the member of the Legislative Assembly who is for the time being the Leader of Her Majesty's Opposition.

(5) In this section, Parliamentary Committee means the Integrity and Oversight Committee established under section 5(aa) of the Parliamentary Committees Act 2003.

31 Terms and conditions of appointment

(1) A primary Compliance Officer or secondary Compliance Officer holds office for the period not exceeding 5 years as is specified in the instrument of appointment.

(2) A primary Compliance Officer or secondary Compliance Officer—

(a) is appointed on a sessional basis; and

(b) is not eligible for re-appointment; and

(c) is entitled to be paid the prescribed remuneration; and

(d) subject to this Act, is appointed on the terms and conditions that are specified in the instrument of appointment.

(3) The remuneration of a primary Compliance Officer or secondary Compliance Officer cannot be reduced during their term of office unless they consent to the reduction.

(4) The Public Administration Act 2004 does not apply to a primary Compliance Officer or secondary Compliance Officer in respect of the office of primary Compliance Officer or secondary Compliance Officer.

32 Vacancy, resignation and removal from office

(1) A primary Compliance Officer or secondary Compliance Officer ceases to hold office if the primary Compliance Officer or secondary Compliance Officer—

(a) resigns by writing delivered to the Governor in Council; or

(b) becomes an insolvent under administration; or

(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) nominates for election as a Member or otherwise becomes a Member; or

(e) becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or

(f) is removed from office in accordance with subsection (2); or

(g) dies.

(2) The Governor in Council may remove a primary Compliance Officer or secondary Compliance Officer from office on any of the following grounds—

(a) misconduct;

(b) neglect of duty;

(c) inability to perform the duties of the office;

(d) any other ground on which the Governor in Council is satisfied that the primary Compliance Officer or secondary Compliance Officer is unfit to hold office.

33 Conflict of Interest

(1) A Compliance Officer must avoid any actual or potential conflict of interest with their function as a Compliance Officer.

(2) A Compliance Officer may declare that they are unable to hear an appeal if the Compliance Officer believes that they have an actual or potential conflict of interest in relation to any matter relating to the appeal.

34 Immunity provision

(1) A Compliance Officer has, in the performance of their function as a Compliance Officer, the same protection and immunity as a judge of the Supreme Court has in the performance of their duties as a judge.

S. 34(2) amended by No. 5/2019 s. 82(3).

(2) An affected party, including the Member or former Member who has appealed to a Compliance Officer and the relevant Officer who made the determination in respect of which the appeal has been made, has the same protection and immunity as a party to proceedings in the Supreme Court.

S. 34(3) inserted by No. 5/2019 s. 82(4).

(3) In this section, relevant Officer has the same meaning as it has in section 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968.

35 Publication absolutely privileged

If a Compliance Officer publishes a statement of findings and any required actions on the Tribunal's Internet site after transmitting it under section 7E(20A) or 9H(9A) of the Parliamentary Salaries and Superannuation Act 1968, the publication is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to that publication as if it were a document to which those sections applied and had been published by the Government Printer under the authority of the Parliament.

Part 5—General

36 Tribunal may make and publish guidelines

(1) Subject to subsection (2), the Tribunal may make guidelines for or with respect to the use of work-related parliamentary allowances and the Budget.

(2) The Tribunal cannot make guidelines for or with respect to—

(a) the use of electorate allowances or any terms or conditions relating to the use of electorate allowances; or

(b) the use of expense allowances (if any) or any terms or conditions relating to the use of expense allowances (if any); or

(c) the use of the motor vehicle allowance or any terms or conditions relating to the use of the motor vehicle allowance.

(3) The first guidelines made under subsection (1) take effect on the day after the expiry of the period of 180 days from the day on which this Act receives the Royal Assent.

(4) The Chair must provide a copy of the guidelines made under subsection (1) to the Clerk of each House of Parliament as soon as practicable after the guidelines are made.

(5) The Clerk of each House of Parliament must as soon as practicable after receiving a copy of the guidelines under subsection (4)—

(a) notify each Member of that House that the guidelines have been received; and

(b) make copies of the guidelines available to Members of that House; and

(c) cause the guidelines to be laid before that House on the next sitting day.

(6) The Tribunal may make guidelines for or with respect to the placement of—

(a) executives employed in prescribed public entities within the remuneration bands set by a Determination; and

(b) public service body Heads and other executives employed in public service bodies within the remuneration bands set by a Determination.

(7) As soon as practicable after guidelines are made under this section, the Chair must publish the guidelines.

(8) Guidelines made under this section are not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

37 Tribunal may provide advice

(1) If an employer proposes to pay—

(a) an executive employed in a prescribed public entity remuneration that exceeds the maximum of the relevant remuneration band set by a Determination; or

(b) a public service body Head or other executive employed in a public service body remuneration that exceeds the maximum of the relevant remuneration band set by a Determination—

the employer must apply to the Tribunal for advice as to the remuneration proposed to be paid and consider the advice provided.

(2) The Tribunal must provide advice on an application under subsection (1) within a reasonable time.

(3) The Minister may request the Tribunal to provide advice about any matter relating to the following—

(a) remuneration or funding relating to any specified occupational group;

(b) remuneration in relation to prescribed public sector bodies.

(4) The Tribunal must provide advice to the Minister within a reasonable time after receiving the request.

S. 37(5) inserted by No. 9/2020 s. 385.

(5) The Minister administering the Local Government Act 2020, in consultation with the Minister, may request the Tribunal to provide advice in relation to any matter relating to—

(a) allowances payable to Mayors, deputy Mayors and Councillors; and

(b) Council allowance categories.

S. 37(6) inserted by No. 9/2020 s. 385.

(6) The Tribunal must provide advice to the Minister administering the Local Government Act 2020 within a reasonable time after receiving the request.

S. 38 amended by No. 9/2020 s. 386
(ILA s. 39B(1)).

38 Tribunal may undertake reviews and publish reports

(1) The Tribunal may on its own motion undertake reviews and publish reports about any matter relating to remuneration and allowances of any specified occupational group.

S. 38(2) inserted by No. 9/2020 s. 386.

(2) The Tribunal may on its own motion undertake reviews and publish reports about any matter relating to—

(a) allowances payable to Mayors, deputy Mayors and Councillors; and

(b) Council allowance categories.

S. 39 (Heading) amended by No. 5/2019 s. 82(5).

39 Tribunal to conduct review and report on superannuation arrangements for Members under Parts 3 and 4 of the Parliamentary Salaries, Allowances and Superannuation Act 1968

S. 39(1) amended by No. 5/2019 s. 82(6).

(1) The Tribunal must, within the period of 18 months after the commencement of this section, review and report on the superannuation arrangements for Members under Parts 3 and 4 of the Parliamentary Salaries, Allowances and Superannuation Act 1968, including potential inequalities and irregularities between the superannuation arrangements.

(2) In conducting the review under subsection (1), the Tribunal must not consider any option that would result in an existing Member or a former Member being in an overall position that is less favourable than before the making of the report.

40 Annual report

As soon as practicable after the end of the financial year but not later than the following 31 October, the Tribunal must submit to the Minister an annual report containing the following in relation to the period of 12 months ending on the preceding 30 June—

(a) information about the number of Determinations made by the Tribunal;

(b) details of any disclosure of an interest recorded in the minutes of a meeting of the Tribunal under section 14(4);

(c) a review of the operations of the Tribunal, including the work undertaken by the Tribunal;

(d) the number of Members who have not complied with requests for further information by the Compliance Officer in the preceding year in relation to Determinations about separation payments;

(e) the number of appeals heard by the Compliance Officer in the preceding year in relation to separation payments and the outcome of the appeals;

(f) the number of Members who have not complied with requests for further information by the Compliance Officer in the preceding year in relation to appeals relating to work-related parliamentary allowances and the Budget;

(g) the number of appeals heard by the Compliance Officer in the preceding year in relation to appeals relating to work-related parliamentary allowances and the Budget and the outcome of the appeals;

(h) a report on the performance of the function of the Compliance Officer in the preceding year;

(i) any other prescribed matter.

41 Confidentiality of information

A person who is or was a Tribunal member, Tribunal officer or Compliance Officer must not knowingly disclose any information acquired by the person by reason of being a Tribunal member, Tribunal officer or Compliance Officer, or in the course of the performance of functions under this Act, except—

(a) for the performance of the functions of the Tribunal member, Tribunal officer or Compliance Officer under this Act; or

(b) if the information is in the public domain at the time of the disclosure, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful; or

(c) as is otherwise authorised or required under this Act or any other Act.

42 Disclosure or provision of information by Tribunal member, Tribunal officer or Compliance Officer

(1) A Tribunal Member, Tribunal officer or Compliance Officer may at any time provide or disclose any information referred to in section 41, or give any document or other thing, to any person or body that has public or official functions if the Tribunal member, Tribunal officer or Compliance Officer—

(a) considers that the information, document or other thing is relevant to the performance of the functions of the person or body; and

(b) considers it appropriate to disclose the information or give the document or other thing to the person or body.

(2) If a document or other thing is given to a person or body under subsection (1), the person or body must, at the request of a Tribunal member, Tribunal officer or Compliance Officer, return the document or other thing if it ceases to be reasonably necessary for the person or body to retain the document or other thing for the purposes for which it was given to the person or body.

43 Taking advantage of information

(1) This section applies to a person to whom information is given by a Tribunal member, Tribunal officer or Compliance Officer during the course of the performance of the Tribunal's or Compliance Officer's functions.

(2) The person to whom the information is given must not take advantage of the information to benefit the person or any other person.

(3) Subsection (2) does not apply if the information is in the public domain at the time the person takes advantage of the information, otherwise than as a result of a disclosure that the person knows or ought to have known was unlawful.

44 Regulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

45 Minister to conduct review

The Minister must—

(a) cause a review to be made of the first 10 years of operation of this Act from the date on which this section comes into operation; and

(b) cause a copy of a report of the review to be laid before each House of Parliament on or before the end of the period of 12 months after the day on which the review is completed.

Pts 6–9 (Headings and ss 46–85) repealed by No. 5/2019 s. 85.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 6 February 2019

Legislative Council: 21 February 2019

The long title for the Bill for this Act was "A Bill for an Act to reform the current system relating to salaries, allowances and standards for Members of Parliament by establishing the Victorian Independent Remuneration Tribunal and making amendments to the Parliamentary Salaries and Superannuation Act 1968, the Members of Parliament (Register of Interests) Act 1978 and the Parliamentary Administration Act 2005, and to make related amendments to the Public Administration Act 2004 and consequential amendments to certain other Acts and for other purposes."

The Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 was assented to on 19 March 2019 and came into operation as follows:

Section 61 on 1 July 2018: section 2(2); section 55 on 29 October 2018: section 2(3); Parts 1 to 5 (sections 1–45), sections 46, 47, Parts 7 and 8 (sections 63–79), sections 83–85 on 20 March 2019: section 2(1); sections 48–54, 56–60, 62, 80–82 on 16 September 2019: section 2(4).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 by Acts and subordinate instruments.

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Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019

Local Government Act 2020, No. 9/2020

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3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

No entries at date of publication.