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| Bill presented and read a first time. Mr HENDERSON (Leader of Government Business): Madam Speaker, at the request of and on behalf of the Chief Minister, I move that the bill be now read a second time. The purpose of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Bill 2006 is to repeal the Remuneration Tribunal Act and the Remuneration (Statutory Bodies) Act and replace these acts with a single act and, at the same time, put in place a new framework for setting out the entitlements of members of statutory bodies. In October 2003, the Administrator requested the Remuneration Tribunal inquire into and report on the remuneration paid to members of statutory bodies, and to make further recommendations in relation to the manner in which reviews of remuneration and allowances and other entitlements may be undertaken. The tribunal's report was tabled in this Assembly in August 2004. It recommended, among other measures, that amalgamation of the Remuneration Tribunal Act and the Remuneration (Statutory) Bodies Act to create a single piece of legislation dealing with the operation of the tribunal and the setting of entitlements of various classes of person, including members of statutory bodies. The tribunal also recommended a new framework for setting entitlements of members of government statutory bodies. In broad terms, the new framework will give the Administrator the power to determine the classification structure for statutory bodies and the remuneration levels of entitlements to apply in each category, and enable ministers to determine the allocation of statutory bodies to classification categories having regard to administrative guidelines and any recommendations by the minister administering the acts. Other key features of the bill are as follows:
• a requirement to publish the classification structure for statutory bodies and details of the remuneration applicable to statutory boards, and also publication of special or personal remuneration determinations from members of statutory bodies, providing ministers with the power to determine the remuneration increments up to the maximum amount set by the Administrator within a classification category where appropriate. • a requirement that future appointments of members to the Remuneration Tribunal be for a five year fixed term to better reflect the independence of the tribunal, and a requirement that determinations made by the minister under Section 5 in respect of Assembly members' entitlements not covered by the Remuneration Tribunal's determination be tabled in the Assembly. This is a new requirement in the interests of consistency and transparency. The bill also incorporates two new features in respect of tribunal determinations to address issues which have arisen in recent months. Firstly, the bill includes a requirement for the minister to release a Remuneration Tribunal determination to persons who entitlements are affected by the determination within 14 days of the minister receiving it but prior to tabling it in the Assembly. This is a new mechanism which will give such persons notice of proposed changes to their entitlements prior to the determination becoming a public document. It addresses a previous uncertainty about whether such determinations could be released prior to tabling by making it clear that the tribunal's only obligation is to provide its determinations and any accompanying reports to the government of the day. At that point, the responsible minister is then required to provide a copy of the determination to those persons directly affected by it prior to tabling of the report in the Assembly. Secondly, the bill provides that Remuneration Tribunal determinations do not come into effect until after the parliamentary disallowance period. In relation to magistrates in particular, this will ensure that parliament is not prevented from disallowing an increased entitlement in a newly commenced determination because of the operation of section 6(2) of the Magistrates Act. That section provides that the salary, allowances and other benefits to which a magistrate is entitled must not be altered to the magistrate's detriment during his or her term of office. If a tribunal determination was to commence immediately, it was handed down by the tribunal, as has often been the case in the past, then the Assembly would have no discretion to disallow any increased entitlements in that determination, as this would constitute a detriment under the Magistrates Act. Such a provision will also improve the administration of the Remuneration Tribunal determinations for Assembly members and ministers in that no entitlements will come into effect until they are effectively endorsed by the parliament. This will eliminate the need for administrative adjustments to new entitlements which are subsequently disallowed. In summary, the principal aim of this bill is to put in place a more efficient and transparent framework for setting remuneration of entitlements for members of statutory bodies. It also revises the conditions of appointment for members of the tribunal to make this more consistent with modern approaches and to reflect the independence of the tribunal. Finally, it clarifies certain operational matters in respect of tribunal determinations. I commend this bill to honourable members and table the explanatory statements which accompany the bill. Debate adjourned. |