Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Regulations 2019

The Regulations operate by reference rather than by standalone rates or formulas. They import concepts from the parent Act and from other statutes and instruments.

Work‑related parliamentary allowances, as used in the Act, receive two explicit additions through reg 4A: a commercial transport allowance and an international travel allowance. That is a definitional expansion, not a rate setting exercise. The Regulations do not specify monetary values for those allowances, they only declare that those two categories are included among the types of work‑related parliamentary allowances prescribed for the Act’s purposes (reg 4A).

Remuneration is prescribed by cross‑reference to existing daily sessional rates in other tribunals and courts. The Chair/Acting Chair and Tribunal members are to be paid at the daily sessional rate "payable to a non‑judicial ordinary member (Presiding)" and "non‑judicial ordinary member (Non‑Presiding)" respectively, of VCAT (reg 5(1)(a)-(b). The Compliance Officers’ prescribed rate is the daily sessional rate for the time being payable to a reserve Judge of the Supreme Court, with two descriptive qualifications about that reserve Judge role (reg 5(2)). The phrase "for the time being payable" makes the prescribed remuneration variable, tied to whatever those external rates are at any future point.

The Regulations also supply an "other prescribed criteria" for the purposes of section 17(2)(c)(iv) of the Act: the specified parliamentary office held by the Member (if any). That means when the Tribunal or another decision‑maker varies a work‑related allowance value under the Act, the Member’s parliamentary office must be capable of being a relevant criterion (reg 6).

Interpretive material in the endnotes explains that headings, examples, punctuation and provision numbers form part of a Statutory Rule made on or after 1 January 2001 (endnotes, Interpretation of Legislation Act 1984). The Regulations are made under section 44 of the Act (reg 2), commence 3 April 2019 (reg 3), and the version in force incorporates amendments made on 16 September 2019 (Table of Amendments). The Regulations do not set payment mechanics, funding sources or compliance penalties; they operate narrowly to define and link remuneration and allowable categories.

The Regulations directly affect a limited set of office‑holders and Members referenced in the parent Act.

Tribunal members, including acting Tribunal members appointed under section 11 of the Act, are explicitly included by reg 4 as the defined class of person to whom the Regulations’ remuneration prescription applies. Within that set, the Chair or Acting Chair and ordinary Tribunal members are the categories whose pay level is prescribed by reference to VCAT daily sessional rates (reg 5(1)(a)-(b)).

Primary and secondary Compliance Officers under the Act are affected because reg 5(2) prescribes their remuneration by reference to the daily sessional rate payable to a particular class of reserve Judge of the Supreme Court. The Regulation describes the reserve Judge category so that the source of the comparative rate is clear (reg 5(2)).

Members of Parliament are affected insofar as the Regulations expand what counts as "work‑related parliamentary allowances" under the Act. Regulation 4A expressly includes two additional allowance types, commercial transport allowance and international travel allowance, as prescribed allowances for the Act’s definition. That means Members seeking those categories of allowance will find them included in the Act’s catalogue for Determinations and other processes under the Act (reg 4A).

Administrators and payroll officers who implement Tribunal and Compliance Officer payments are affected operationally because the Regulations do not set fixed monetary amounts; instead they require reference to contemporaneous rates that are set in other bodies’ remuneration arrangements (reg 5). The Regulations themselves do not name who funds the payments, nor do they provide mechanics for payroll or budget appropriation; the text confines itself to prescribing the rate linkage. The Regulations also require decision‑makers who vary work‑related allowances under section 17(2)(c)(iv) of the Act to recognise the Member’s specified parliamentary office as an available criterion (reg 6), which affects how Determinations are drafted and justified.

Finally, because the Regulations were amended by SR No. 83/2019, anyone relying on the instrument must track those amendments (Table of Amendments, endnotes). The instrument will sunset 10 years after making under the Subordinate Legislation Act 1994, which affects long‑term planning for remuneration policy (endnotes).

The Regulations create a small set of legal entitlements and prescriptive duties. They do not create duties of conduct, enforcement powers or penalty regimes; instead they fix definitional scope and the method for calculating certain pay rates.

Entitlements. Tribunal office‑holders and Compliance Officers have a statutory entitlement to be paid remuneration determined by these Regulations. The entitlement is expressed as a prescribed remuneration, not a specific dollar amount. For the Chair or Acting Chair the entitlement is to the daily sessional rate payable to a non‑judicial ordinary member (Presiding) of VCAT; for a Tribunal member the entitlement is to the daily sessional rate payable to a non‑judicial ordinary member (Non‑Presiding) of VCAT (reg 5(1)(a)-(b)). Primary and secondary Compliance Officers are entitled to the daily sessional rate payable to a reserve Judge of the Supreme Court as described (reg 5(2)). These are rights defined by reference, which means the substantive numerical entitlement can change automatically if the referenced external rates change.

Duties on decision‑makers. Regulation 6 prescribes an "other prescribed criterion" for the purposes of section 17(2)(c)(iv) of the Act: the specified parliamentary office held by the Member, if any. That operates as a duty on whoever makes Determinations under section 17: the decision‑maker must treat specified parliamentary office as a permissible and prescribed criterion when varying the value of a work‑related parliamentary allowance in a Determination (reg 6). The Regulations therefore narrow the acceptable justificatory grounds for allowance variation into which tribunal decision‑makers must fit their analysis.

Definition duty. Regulation 4 imposes a duty on administrators and legal advisers to treat "Tribunal member" as including acting Tribunal members appointed under section 11 of the Act. That affects payment and appointment procedures for acting members (reg 4).

Categorisation duty. By prescribing additional categories of work‑related parliamentary allowances in reg 4A, the Regulations require that Members seeking allowances in the categories "commercial transport" or "international travel" be treated as seeking allowances that fall within the Act’s statutory framework for Determinations and related processes. This creates an administrative duty to process claims in accordance with the Act’s procedures for work‑related allowances.

Absent duties and rights. The Regulations do not provide enforcement powers, disciplinary sanctions, or a mechanism for recovery or clawback; they do not state who funds payments, nor do they set a pay‑out mechanism. They do not prescribe amounts for the two additional allowances, nor do they specify how the allowance value must be calculated, other than making specified parliamentary office a relevant criterion for variation (regs 4A, 6, 5). Those matters will be addressed in the Act, Determinations under the Act, or in other instruments outside these Regulations.

The Regulations themselves contain no penalty provisions, enforcement mechanisms, or investigative powers. The statute text confined to "Regulations" (regs 1-6) prescribes definitions, the categories of additional allowances, the source of prescribed remuneration, and one criterion for varying allowances. None of these provisions creates offences, pecuniary penalties, or enforcement powers within the Statutory Rule.

Because the Regulations do not set enforcement mechanisms, any regulatory compliance, investigation or sanctioning likely rests with the Act under which the Regulations were made, or with other laws or administrative arrangements that the Act contemplates. The Regulations expressly operate for the purposes of specified provisions of the Act (for example regs 5(1) refer to sections 9(2)(c) and 11(6)(b) of the Act, and reg 5(2) refers to section 31(2)(c) of the Act; reg 6 refers to section 17(2)(c)(iv) of the Act). Any penalties or enforcement tools must therefore be sought in the Act’s text or in other instruments made under the Act; they are not in the Regulations themselves.

Practitioners should note the interpretive endnotes addressing the legal form of Statutory Rules. The endnotes explain that explanatory memoranda, tables of provisions and endnotes themselves do not form part of a Statutory Rule (endnotes, Interpretation of Legislation Act 1984), which affects whether ancillary materials can be relied upon as legal authority for enforcement questions. The Subordinate Legislation Act 1994 imposes a statutory sunset on these Regulations after 10 years (endnotes): that affects the long‑term availability of the specific regulatory prescriptions here, but does not itself create enforcement mechanisms.

If enforcement, penalties or recovery powers are required in practice,for instance to address overpayments, misclassification of a Tribunal office, or improper allowance claims,those will need to be located in the Act or in other administrative instruments. The Regulations do not provide those tools.

The Regulations are a subordinate instrument made under section 44 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 (reg 2). They therefore function as implementing or prescribing details for the Act. The body of interaction points in the Regulations is narrow and specific.

Cross‑references to the Act. Several Regulations explicitly identify the provisions of the Act that the prescription affects. Regulation 5 states it is prescribing remuneration "for the purposes of sections 9(2)(c) and 11(6)(b) of the Act" for Chair/Acting Chair and Tribunal members, and prescribes Compliance Officer remuneration "for the purpose of section 31(2)(c) of the Act" (reg 5(1)-(2)). Regulation 6 operates "for the purposes of section 17(2)(c)(iv) of the Act" by prescribing an additional criterion for varying a work‑related parliamentary allowance (reg 6). Regulation 4A expressly amends the catalogue of "work‑related parliamentary allowances" that appears in section 3 of the Act by adding two allowance types (reg 4A).

Linkage to external judicial and tribunal remuneration regimes. The Regulations link Tribunal and Compliance Officer pay to other bodies’ remuneration arrangements. The Chair and Tribunal members’ pay is tied to VCAT daily sessional rates for certain non‑judicial ordinary members. Compliance Officers’ pay is tied to the daily sessional rate for a reserve Judge of the Supreme Court. Those external rates are set under separate statutory or administrative instruments governing judicial and tribunal remuneration. Because the Regulations use the phrasing "the daily sessional rate payable" and "for the time being payable" (reg 5), any changes to VCAT or Supreme Court sessional rates will automatically alter the prescribed remuneration under these Regulations. That creates an operational dependency between remuneration policy here and remuneration determinations for the courts and VCAT.

Interpretation Act interactions. The endnotes reproduce guidance under the Interpretation of Legislation Act 1984 regarding how to read Statutory Rules: headings, examples, punctuation, and provision numbers are part of the rule, and explanatory memoranda and endnotes do not form part of the rule (endnotes). That affects statutory interpretation and how the Regulations’ provisions are read alongside the Act and other instruments.

Subordinate Legislation Act interaction. The endnotes note the statutory rule will sunset 10 years after making under the Subordinate Legislation Act 1994 (endnotes). That means that unless saved or remade, the Regulations will lapse on 2 April 2029.

Absence of funding mechanics. The Regulations do not interact with appropriation or payroll statutes in an explicit way. They do not state who pays the prescribed rates or how funds are to be appropriated. Administrative, budgetary and payroll implementation must be handled under other laws, internal departmental procedures or Acts covering public accounts.

In sum, the Regulations function as bridge provisions: they interpret and specify certain operational details of the Act, and they tie certain remuneration entitlements to rates determined under the VCAT and Supreme Court regimes. Any legal question about enforcement, payment mechanics, or appeal must be resolved by recourse to the Act or to the external instruments referenced.

The published version before you is Version No. 002, incorporating amendments as at 16 September 2019. The Table of Amendments records a single amending instrument: the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Amendment Regulations 2019, S.R. No. 83/2019 (Table of Amendments).

Key amendment facts recorded in the instrument:

• The original Statutory Rule was made on 2 April 2019 and came into operation on 3 April 2019 (endnotes and reg 3). The Regulations as originally made contained the Objective, Authorising provision, Commencement, Definitions, Remuneration, and the Criteria to vary a work‑related parliamentary allowance as set out.

• S.R. No. 83/2019, made on 16 September 2019, effected multiple insertions and amendments. Marginal notes indicate:

  • Reg 1 was amended by S.R. No. 83/2019 reg 5 (the Objective paragraph was expanded with subparagraphs (a)-(c) describing the Regulations’ scope; marginal note in the table indicates reg 1 amended).
  • Reg 4A was inserted by S.R. No. 83/2019 reg 6, adding the commercial transport allowance and international travel allowance to the Act’s definition of work‑related parliamentary allowances.
  • Reg 6 was inserted by S.R. No. 83/2019 reg 7, prescribing the specified parliamentary office held by a Member as an "other prescribed criterion" for varying a work‑related parliamentary allowance.

• The Table of Amendments confirms the amending rule’s date of making as 16 September 2019 and date of commencement as 16 September 2019 (Table of Amendments).

There were no amendments recorded as "Not in Operation" at the date of publication (Amendments Not in Operation section). The endnotes also state that explanatory details had "No entries at date of publication" (endnotes).

The endnotes explain interpretive rules under the Interpretation of Legislation Act 1984, and those rules have bearing on how amendments are to be read (for example, inserted subregulations receiving numbering). The Statutory Rule itself will sunset 10 years after making under the Subordinate Legislation Act 1994 (endnotes).

Practitioners relying on these Regulations should track S.R. No. 83/2019 and any further statutory rules amending the cross‑referenced VCAT and Supreme Court remuneration instruments, because the Regulations rely on "for the time being payable" rates that are subject to change by those external instruments.

The Regulations do not recite any case names, judicial decisions or litigation outcomes. The statutory instrument as published contains no "Litigation history" entries, and the text itself names no cases or court determinations. The endnotes and explanatory details likewise contain no references to judicial consideration or appeal outcomes (endnotes, Explanatory details).

Because the Regulations are a subordinate instrument made under the Act, any litigation about their operation would arise in the usual ways: for example, judicial review proceedings challenging a Determination or administrative decision that relied on these Regulations, contract disputes about payment to Tribunal members or Compliance Officers, or litigated claims about the scope of "work‑related parliamentary allowances". None of those hypothetical cases are referenced in the Regulations themselves.

For research and advice purposes, practitioners should therefore take these steps if litigation possibilities are a concern:

• Consult the parent Act for avenues of review, appeal or internal review that might be available in respect of Determinations or remuneration decisions (the Regulations reference the Act’s relevant sections such as sections 9, 11, 17 and 31; see regs 5, 6).

• Check court and tribunal databases for any cases that post‑date 16 September 2019 that mention the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, S.R. No. 26/2019, or S.R. No. 83/2019, since the Regulations themselves record no litigation.

• Where a salary or allowance dispute depends on the construction of "for the time being payable" cross‑references to VCAT or Supreme Court rates, examine litigation or administrative decisions concerning those rate‑setting instruments, not merely these Regulations.

In short, there is no litigation history contained in this Statutory Rule; any litigation will need to be identified from external sources beyond the text of these Regulations.

These Regulations are short and technical, but they contain a number of practical traps for practitioners and administrators if read without attention to their cross‑references and interpretive notes.

1. No absolute dollar figures, only cross‑references. Regulation 5 prescribes remuneration not as amounts but as whatever the daily sessional rates are "for the time being payable" to particular VCAT and Supreme Court office‑holders (reg 5(1)-(2)). That means the numerical value of the entitlement changes automatically with later changes to VCAT or Supreme Court rates. Payroll and budgeting must therefore monitor those external rate instruments to know current liability.

2. Dependency on external instruments. Because the Regulations import rates from VCAT and Supreme Court remuneration regimes, any administrative lag or change in those regimes will affect payment levels here. If those external instruments are amended, the prescribed remuneration changes without further amendment to these Regulations. Administrators must therefore watch for changes in two other systems.

3. Narrow definition expansion, not an open list. The insertion of a commercial transport allowance and an international travel allowance into the Act’s definition of work‑related parliamentary allowances (reg 4A) is positive for clarity, but the Regulations stop there. They do not prescribe values, eligibility criteria, or process for those allowances. The inclusion is definitional only; further procedural detail must be located in the Act or in a Determination.

4. Missing payment mechanics and funding source. The Regulations do not say who pays or how the payments are funded. There is no appropriation wording, no payroll clause, and no recovery or clawback mechanism. Payment mechanics will need to be found in the Act or in routine departmental administrative arrangements.

5. Acting members included, with possible pay consequences. Regulation 4 explicitly includes acting Tribunal members within the definition of "Tribunal member" (reg 4). That inclusion matters because acting members will be entitled to the prescribed daily sessional rates by reference. Employers and administrators must ensure acting appointments are processed in a way that aligns with pay entitlements.

6. Specified parliamentary office as a criterion. Regulation 6 prescribes that the specified parliamentary office held by a Member is an "other prescribed criterion" for varying work‑related allowances under s 17(2)(c)(iv) of the Act (reg 6). Decision‑makers must therefore document how office held affects any allowance variation. Failure to do so could leave a Determination vulnerable to procedural challenge, even though these Regulations do not create a statutory review process themselves.

7. Interpretive formalities matter. The endnotes reproduce Interpretation of Legislation Act 1984 rules that make headings, examples and punctuation part of the Statutory Rule and clarify numbering conventions for inserted subregulations (endnotes). That means that drafting, numbering and typographical elements in the Regulations can affect legal interpretation; do not treat headings or marginal notes as non‑binding.

8. Sunset risk. The statutory rule will sunset on 2 April 2029 under the Subordinate Legislation Act 1994 (endnotes). If these are central operational prescriptions, other arrangements will be required before the sunset or an amendment to preserve continuity.

9. Amendments may have been made. The version here incorporates SR No. 83/2019. Practitioners must ensure they are working with the current version of the Regulations, and with current rates under VCAT and Supreme Court instruments.

10. Lack of penalties or enforcement language. Because these Regulations do not include enforcement, any disputes about payment or allowance entitlement require recourse to the Act or to external administrative processes. Do not expect the Regulations themselves to supply dispute resolution or penalty mechanisms.

Being alert to these points will prevent misapplication, unexpected budgetary exposure, or procedural error when implementing remuneration and allowance decisions under the Act.

Compliance in practical terms is a matter of correct categorisation, appropriate cross‑reference and administrative monitoring. The Regulations place specific, discrete obligations on administrators and decision‑makers. The following steps follow directly from the text.

1. Identify covered persons. For remuneration under reg 5 ensure that your payroll records identify who is the Chair or Acting Chair of the Tribunal, who are Tribunal members (including acting Tribunal members appointed under s 11 of the Act, reg 4), and who are the primary and secondary Compliance Officers. The Regulations only prescribe remuneration for those categories.

2. Apply the correct cross‑reference. For each covered person apply the remuneration prescribed by reg 5:

   • Chair or Acting Chair, pay at the daily sessional rate payable to a non‑judicial ordinary member (Presiding) of VCAT (reg 5(1)(a)).
   • Tribunal member, pay at the daily sessional rate payable to a non‑judicial ordinary member (Non‑Presiding) of VCAT (reg 5(1)(b)).
   • Primary and secondary Compliance Officers, pay at the daily sessional rate for the time being payable to a reserve Judge of the Supreme Court described in reg 5(2).

   The Regulations specify the source of the rate; they do not set the dollar amount. Your payroll function must obtain the current daily sessional rate schedules for VCAT non‑judicial ordinary members and for reserve Judges of the Supreme Court, and apply those rates.

3. Monitor external rate changes. Because the Regulations use the phrasing "for the time being payable", periodic checks are required. Establish a monitoring routine to capture any increases, decreases or reclassifications of the VCAT and Supreme Court daily sessional rates. Update payroll and budget forecasts accordingly.

4. Recognise additional allowance categories. Treat claims or determinations relating to commercial transport allowances and international travel allowances as falling within the Act’s work‑related parliamentary allowances, since reg 4A expressly adds those categories. However, do not assume there are standard monetary values for those allowances in these Regulations. Check Determinations under the Act or internal allowance policies for valuation and eligibility criteria.

5. Use specified parliamentary office as a criterion for allowance variation. When preparing or considering a Determination under section 17 that varies a work‑related parliamentary allowance, document and assess whether the Member’s specified parliamentary office ought to affect the value. Regulation 6 prescribes that specified office as an "other prescribed criterion" (reg 6). Ensure Determination reasons identify the criterion and explain how it was applied.

6. Keep appointment records for acting members. Because acting Tribunal members are included, keep records of acting appointments (section 11 appointments under the Act) and ensure their pay is calculated consistently with reg 5.

7. Maintain version control and statutory awareness. These Regulations were amended by SR No. 83/2019 and the instrument in force is Version No. 002 as at 16 September 2019. Ensure you are using the current consolidated text and check legislative updates before making payments or preparing Determinations. Note the sunset date on 2 April 2029 under the Subordinate Legislation Act 1994 in long‑term planning.

8. Coordinate with legal advisers about funding and enforcement. The Regulations do not state the funding source or enforcement processes. If questions arise about appropriations, recoveries, or disputes, consult the parent Act and treasury or departmental accounts rules, and obtain legal advice on remedies and enforcement routes.

9. Document administrative decisions. Given the cross‑reference nature of the Regulations and the absence of enforcement language, careful record keeping of rate sources, calculation methods, and the basis for Determinations will reduce dispute risk and support any necessary external review.

10. Consider training and process maps. Payroll, secretariat and legal staff should be trained on the cross‑reference mechanism, the inclusion of acting members, and the need to treat specified parliamentary office as a criterion when varying allowances. Create simple process maps showing where to obtain VCAT and Supreme Court rates, how to update payroll entries, and how to record allowance Determinations that rely on the prescribed criteria.

Following these steps will align administrative practice with the narrow prescriptive content of the Regulations, while acknowledging that many operational details are the responsibility of the Act, Determinations under the Act, or separate administrative arrangements.