Nick Xenophon (SA, Independent) Share this | Hansard source

The parliamentary secretary Senator Feeney said that is the case. It was a good, direct answer, which is what I expect from Senator Feeney. My question is this: how will the formula be derived at? Has the tribunal indicated to the government the sorts of things that it will be looking at? I understand the independence of the tribunal—I get that—but how will the tribunal look at those issues to ensure that there will not be an undue benefit or, arguably, an undue detriment to those members of parliament elected prior to 2004? The other issue, which would also apply to the issue of the gold pass, is whether consideration has been given as to whether there is any potential for legal action by any aggrieved members of parliament—presumably former members of parliament—in terms of the gold pass being reduced. Would they argue that it is taking away a property right? Similarly, has advice been obtained in relation to the issue of superannuation benefits for those elected prior to 2004, particularly those who may have retired?