Parliamentary Retiring Benefits Regulations 1999
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Parliamentary Retiring Benefits Act 1985 .
22 December 1999G. S. M. GREEN
Governor
By His Excellency's Command,
D. E. LLEWELLYN
For and on behalf of the Treasurer
PART 1 - Preliminary
These regulations may be cited as the Parliamentary Retiring Benefits Regulations 1999 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –Act means the Parliamentary Retiring Benefits Act 1985 ;fee unit means a fee unit calculated in accordance with the Fee Units Act 1997 ;former member means a person who has ceased to be a member of either House;relevant person means –(a) a member; or(b) a former member; or(c) a spouse of a member or former member; or(d) an executor or administrator of the estate of a former member; or(e) any other person that the Trust considers may be affected by a decision of the Trust.
PART 2 - Payments out of Fund
This Part applies only to a member or to a person who ceases to be a member on or after the date that these regulations take effect.
A payment out of the Fund is to be made in any manner the Trust determines.
(1) The Clerk of the Legislative Council and the Clerk of the House of Assembly are to provide the Trust with the following information:(a) the date on which any person is elected as a member of Parliament;(b) the date on which a member of Parliament ceases to be a member;(c) the date on which a person commences to hold an office specified in item 7C of Part III of Schedule 1 of the Parliamentary Salaries, Superannuation and Allowances Act 1973 ;(d) the date on which a person ceases to hold such an office;(e) the basic and other salaries payable to the person referred to in paragraph (c) .(2) The Secretary of the Department responsible to the Minister administering the Constitution Act 1934 is to provide the Trust with the following information:(a) the date on which a member of Parliament commences to hold a ministerial office;(b) the date on which a member ceases to hold a ministerial office.
(1) Subject to regulation 8 , an application for a benefit under the Act is to be in any form that the Trust determines.(2) If a person making an application has a spouse, that person must provide the Trust with any documentary evidence that the Trust requires in support of the application.
8. Application by spouse of deceased member
(1) A person who claims to be entitled to a payment from the Fund as the spouse of a deceased member or deceased former member is to apply in writing to the Trust for payment.(2) An application under this regulation is to be accompanied by –(a) the following certificates under the Births, Deaths and Marriages Registration Act 1999 :(i) a certified copy of, or extract from, the certificate of birth of the applicant;(ii) a certified copy of, or extract from, the certificate of death of the member or former member;(iii) in the case of an application by a married person, a certified copy of, or extract from, the certificate of marriage of the applicant to the member or former member; and(b) any other documentary evidence that the Trust requires in support of the application.
PART 3 - Decisions made by Trust
9. Trust not subject to direction
Except as provided by the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, a person is not to give a direction to the Trust, vary a decision of the Trust or substitute a decision for a decision of the Trust if compliance with the direction, variation or substituted decision would be contrary to any enactment.
(1) In respect of any application or question from a relevant person arising from the exercise of the Trust's powers under the Act, the Trust must –(a) make a preliminary decision on the matter; and(b) notify the relevant person, in writing, of that preliminary decision; and(c) advise that person that if he or she does not take any action under this regulation within the required time, the preliminary decision will become final.(2) A relevant person may, within 14 days after receiving notification under subregulation (1) , elect by notice in writing to the Trust –(a) to appear and be heard before the Trust; and(b) to submit any relevant medical report or other evidence.(3) Before making a final decision on the application, the Trust may –(a) require the member to whom the application relates to undergo a medical examination by a practitioner or practitioners the Trust considers appropriate; and(b) seek further information concerning that member's capability and prospects for employment; and(c) require the relevant person to submit any further evidence the Trust considers appropriate.(4) The Trust, in exercising its powers under subregulation (3) , may impose any terms or conditions that it considers fair and equitable.(5) If a relevant person does not make an election under subregulation (2) within the required time, the preliminary decision becomes the final decision of the Trust.(6) The Trust –(a) may extend the period referred to in subregulation (2) on the written application of the relevant person within that period; and(b) is to, as soon as practicable after extending the period, notify that person of that extension.
11. Application to Supreme Court for declaration
(1) If a relevant person is adversely affected by a decision of the Trust under regulation 10 , he or she may request the Trust to apply to the Supreme Court for a declaration in relation to that decision.(2) If so requested by a relevant person, the Trust must apply to the Supreme Court.(3) Subject to subregulation (5) , the Supreme Court, on an application under this regulation, may make a declaration as to the validity or otherwise of the decision in respect of which the application is made.(4) The Supreme Court is to have regard to any relevant fact or event in making the declaration.(5) The Supreme Court must not make a declaration in respect of a decision, the validity of which cannot be decided at the time when the Court is asked to make the declaration.(6) For the purpose of reviewing a decision by the Trust, the Supreme Court has all the powers and discretions conferred on the Trust.(7) The Supreme Court may make a declaration –(a) affirming the Trust's decision; or(b) remitting the matter to which the Trust's decision relates to the Trust for reconsideration in accordance with the directions of the Supreme Court; or(c) varying the Trust's decision; or(d) setting aside the Trust's decision and substituting a decision for the decision set aside.(8) Except as provided in subregulations (9) and (10) , the cost of making an application to the Supreme Court is to be met by the Trust from the Fund.(9) On requesting the Trust to apply to the Supreme Court for a declaration, a relevant person must pay to the Trust an application fee of 200 fee units.(10) If, in the opinion of the Supreme Court, the request is frivolous or not in good faith, the Court may award costs in full or part against the relevant person making the request.
12. Appeal against decision or order of Trust
(1) Notwithstanding regulation 11 , a person may appeal to a judge against any decision or order of the Trust.(2) Subject to subregulation (3) , an appeal under this regulation is to be instituted, heard and determined in accordance with the Rules of the Supreme Court 1965 relating to appeals from statutory tribunals other than courts.(3) Notwithstanding rule 69(2) and (3) of Order 76 of Part I of the Rules of the Supreme Court 1965 , notice of appeal is to be served on the Trust by a relevant person –(a) within 21 days after the date of service on the appellant of the decision or order appealed against; or(b) within any extended period a judge allows.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 December 1999
These regulations are administered in the Department of Treasury and Finance.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations make provision in relation to –(a) payments out of the Parliamentary Retiring Benefits Fund; and(b) the review of decisions of the Parliamentary Superannuation and Retiring Benefits Trust made under the Parliamentary Retiring Benefits Act 1985 .