Why disqualified MPs and senators won't have to repay their salaries

  1. 19,115 Posts.
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    do you ever feel
    the pollies are giving this country the finger ?

    try cheating, by doing something illegal with CentreLink, the ATO the speeding fine, the parking fine
    you cannot

    but a polly can just give everybody the finger and walk away
    and not repay one lousy cent
    they were illegally sitting in the House
    end of subject !

    is there any wonder
    more and more of the general public have had a gut full of the pollies

    http://www.abc.net.au/news/2017-11-14/citizenship-saga:-will-mps-have-to-repay-salaries/9150052
    Citizenship saga: Why disqualified MPs and senators won't have to repay their salaries

    The dual citizenship crisis engulfing Federal Parliament has claimed eight scalps (so far), stripped the Government of its majority and turned the Senate chamber into a revolving door.
    Sure, the MPs and senators ensnared have lost their jobs, but it has left a lot of people wondering why they have not paid a higher price.
    After all, they breached the constitution (which has been around since 1901) and were not eligible to run for parliament in the first place.

    So, will they be forced to repay their salary and entitlements?

    Federal politicians are paid pretty well — the average backbencher earns a little over $200,000 and that is before you add on their entitlements and superannuation.
    But the short answer is no.
    When a member or senator is disqualified, the Finance Department will calculate how much they have earned over their parliamentary career, and ask them to repay it.
    But by convention, the government of the day almost always waives the debt on request.

    Why
    Back in 1907, the High Court ruled that any votes made on legislation still stand, even after a member is booted from parliament
    So a disqualified member's service is still recognised.
    Even though they were not supposed to be there, they were still doing their job.
    As the then special minister of state Scott Ryan said when dealing with disqualified Family First senator Bob Day (remember him?), it would be unfair for the Commonwealth to go after him for his debt given that he performed his duties "in good faith".

    But how is it fair when taxpayers are forced to repay welfare debts all the time?

    That is a fair point.
    With eight MPs ensnared in the crisis, and possibly more to come, the government could in theory claim back millions of dollars in salaries.
    That is a lot of money — but in terms of the federal budget ($465 billion), it is a tiny drop in a vast ocean.

    In any case, the Commonwealth argues that it has not spent any more money than it otherwise would have.
    Whoever filled that Lower House seat or Senate spot would have been paid a salary with entitlements and superannuation, so it is basically budget neutral
    Last edited by 310843B: 14/11/17
 
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