What happens if a determination is disallowed?

Tribunal determinations, except those specifically applying to Departmental Secretaries and Members of Parliament, are disallowable instruments under the Legislation Act 2003.

This means that either House of Parliament may, within 15 sitting days after a disallowable determination has been tabled, pass a resolution 'disapproving' the determination. If a determination that is disapproved (disallowed) has already come into operation, the determination does not have any force or effect on or after the day on which the resolution was passed.

However, disallowance does not apply retrospectively. This means, for example, that office holders who have already received a pay rise do not have to repay any additional remuneration they have already received. However, from the date of disallowance, their remuneration reverts to its previous level.