by John Pyke, Queensland candidate for the Constitutional Convention
48.Members' salaries, allowances and pensions.
The salaries, allowances and superannuation entitlements of members of
Parliament (including additional amounts for members holding office within
Parliament and for Ministers), entitlements of members to staff and facilities,
and conditions of payment and audit of payments, shall be determined in public
proceedings of the Industrial Relations Commission, or any body that replaces
it, or in the absence of such a body, by a panel of arbitrators who shall be
chosen so that they will not be unduly susceptible to the influence exerted by
Ministers and other members of Parliament.
In any hearing relating to an application for change of such salaries, allowances, entitlements or conditions, organisations of taxpayers or voters shall have rights of appearance analogous to those pertaining to employers in the ordinary proceedings of the Industrial Relations Commission.
No member of Parliament or Minister shall, while remaining a member or Minister, receive any moneys from public sources other than the salary and allowances provided under this section.
Former members of Parliament shall not be entitled to Parliamentary
superannuation until the age when ordinary employees are generally entitled to
superannuation, unless they cannot engage in income-producing activities by
reason of certified incapacity, but the Commission (or other body or panel as
above) may allow for the payment to a member who leaves Parliament before that
age of such allowances for the transition back into private life as, in its
opinion, are reasonable.
[Note that this section includes Minister's salaries, currently treated separately in
section 66.]
49. Privileges, etc., of Houses
The Parliament may make laws, consistent with Australia's status as a
democratic republic and Parliament's status as an institution representative of the sovereign
people, with respect to the powers, privileges and immunities of the Senate and
of the House of Representatives, and of the members and committees of each House.
[I have some doubt about leaving Parliament with any power to give itself and its
members privileges and immunities at all - but it is the institution with legislative power,
after all. Perhaps the extent of Parliamentary privilege could also be left to the arbitral
body in section 48, who would hear argument from MPs and others as to what privileges
are necessary? If Parliament is to retain the power, it should at least be qualified. The
words qualifying the power are admittedly general, and will mean that the argument about
what privileges are necessary will be heard in the High Court after Parliament has made its
decision - but they are the best I can think of at the moment. They are intended to carry
the implication that Parliament should have no more power over ordinary people as is
absolutely necessary, but at the same time that its power over the executive (eg, power to
summon public servants and demand answers from them) should be at least as
great as it is perceived at the moment.]
50.Rules and orders.
Each House of the Parliament may make rules and orders with respect to -
(i) The mode in which its powers, privileges, and immunities may be exercised and upheld, but not so that any person shall be subject to punishment for breach of Parliamentary privilege or contempt of Parliament except after a fair trial in a regular court of law:
(ii) The order and conduct of its business and proceedings either separately or jointly with the other House.
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