Remuneration and Allowances Act 1990
No. 71, 1990
Compilation No. 24
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 7 October 2021
About this compilation
This compilation
This is a compilation of the Remuneration and Allowances Act 1990 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Remuneration and allowances
3 Operation of Part
3A Operation of Remuneration Tribunal Determination
4 Remuneration and allowances of holders of judicial offices etc.
5 Remuneration and allowances of Secretaries of Departments and holders of public offices
8 Appropriation
8A Regulations
Schedule 1—Holders of Judicial and other offices
Part 1 4
Part 2 5
Part 3 6
Part 4 7
Part 5 8
Schedule 2—Secretaries of Departments and holders of public offices
Part 1—Secretaries of Departments of State
Part 2—Secretaries of Parliamentary Departments
Part 3—Full‑time holders of public offices
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to certain remuneration and allowances
Part 1—Preliminary
1 Short title
This Act may be cited as the Remuneration and Allowances Act 1990.
2 Commencement
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Part 3 commences on 1 July 1990.
Part 2—Remuneration and allowances
3 Operation of Part
(1) This Part has effect in spite of:
(a) anything in any Determination of the Remuneration Tribunal made on or before…
Overview
The Remuneration and Allowances Act 1990 was enacted to address the need for a structured and consistent framework governing the remuneration and allowances for various judicial and public office holders in Australia. The Act was introduced by the Australian Parliament to ensure that the remuneration and allowances for these officials are set in a transparent, fair, and systematic manner. The policy objective of the Act is to provide clear guidelines on the salary and allowances for holders of judicial offices, Secretaries of Departments, and other public office holders, thereby promoting equity and accountability in the public service sector. The Act specifies the rates of salary and conditions of service for these officials, ensuring that their remuneration is aligned with their responsibilities and the economic conditions of the time.
Scope and Application
The Remuneration and Allowances Act 1990 applies to the holders of certain judicial and public offices within the Commonwealth of Australia. Specifically, it governs the remuneration and allowances for judges of the High Court, Federal Court, and other specified judicial offices, as well as for Secretaries of Departments and various holders of public offices. The Act ensures that these officials receive their entitlements in accordance with the specified rates and conditions outlined in the schedules of the Act. It also provides for the payment of these entitlements out of the Consolidated Revenue Fund and allows for the adjustment of salaries in line with wage-setting decisions. The Act's provisions have effect despite any contrary determinations made by the Remuneration Tribunal prior to 1 June 1990, and it supersedes any inconsistent provisions in other Acts. Notably, the Act was amended to reflect changes in the remuneration rates and to align with various legislative reforms over the years.
Key Provisions
- The Remuneration and Allowances Act 1990 sets out the remuneration and allowances for various officeholders, including judicial officers, department secretaries, and public officeholders. The Act specifies the salary rates, conditions, and additional allowances such as annual leave loadings, travelling allowances, and district allowances for these officeholders. For instance, Section 4 outlines the remuneration for judicial officeholders, such as the Chief Justice of the High Court and Justices of the Federal Court, while Section 5 details the remuneration for department secretaries and other public officeholders.
- The Act imposes specific obligations on these officeholders to receive their remuneration as set out in the Act and its schedules. For example, Section 8 mandates that the salaries, allowances, and contributions payable under the Act are to be paid out of the Consolidated Revenue Fund. Additionally, Section 8A allows the Governor-General to make regulations necessary to carry out or give effect to the Act, including prescribing matters related to the remuneration and allowances.
- Any breach of the provisions of the Act could result in civil or criminal penalties. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the text of the Act provided. For comprehensive details on penalties, one would need to refer to related legislation or case law. Nonetheless, the Act's primary focus is on establishing a clear framework for the remuneration and allowances of specified officeholders, ensuring they receive appropriate compensation as per the legislative provisions.
- Area of Law
- Public Sector Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Remuneration and Allowances
- Adjustments
- Regulations
- Repealed and Substituted Provisions