Chapter 6 - Senators
Senators’ remuneration and entitlements
Section 48 of the
Constitution empowers the Parliament to
determine the allowances of members of the Houses.
The remuneration, allowances and entitlements of senators are
determined by the Parliamentary
Allowances Act 1952, the Remuneration and
Allowances Act 1990, and determinations made by the Remuneration
Tribunal under the Remuneration Tribunal Act 1973. Superannuation
entitlements of senators are covered by parliamentary superannuation acts. The
provision of personal staff for senators is covered by the Members of
Parliament (Staff) Act 1984.
The executive government determines and provides certain entitlements
to members of the Houses, such as offices in their states and electorates.
In 1990 a decision by the government to provide certain postage
entitlements to members of the Houses beyond the entitlements determined by the
Remuneration Tribunal was challenged in the courts. The decision was the
subject of dispute because it was said to favour government members over
non-government members. The High Court held that the executive government has
no power to provide benefits to members of the Houses in the nature of
remuneration without statutory authorisation. The appropriation of money for
such benefits in an appropriation act is not sufficient authority. (Brown v
West 1990 91 ALR 197.)
Following this judgment, the Parliamentary
Entitlements Act 1990 was passed to authorise the provision of benefits to
members by the executive government. The Act sets out in general terms the
benefits which the government may provide.
Previous page | Contents | Next page
Website feedback: web.senate@aph.gov.au
Last reviewed 2 February 2010 by the Senate Web Administrator
© Commonwealth of Australia
Parliament of Australia Web Site Privacy Statement
Images courtesy of AUSPIC
|
