Remuneration Tribunal Act 1973
No. 215, 1973
Compilation No. 61
Compilation date: 1 February 2019
Includes amendments up to: Act No. 144, 2018
Registered: 1 February 2019
About this compilation
This compilation
This is a compilation of the Remuneration Tribunal Act 1973 that shows the text of the law as amended and in force on 1 February 2019 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I—Preliminary
1 Short title
2 Commencement
Part II—Remuneration etc. for certain offices and appointments
Division 1—Preliminary
3 Interpretation
3A Principal executive offices
3B Employing body
3C Provisions relating to declarations under sections 3A and 3B
Division 2—Determinations and reports by the Remuneration Tribunal
4 Establishment of Remuneration Tribunal
4A Acting President
4B Disclosure of interest by Tribunal members
5 Functions of Tribunal
6 Inquiries and reports by the Tribunal into the salaries of officers of higher education institutions
7 Inquiries and determinations by Tribunal
8 Time of making reports and determinations
8A Time of making recreation leave determinations
8B Hearings in relation to discriminatory determinations
8C Review of discriminatory determinations
9 Resignation and removal from office
10 Meetings of the Tribunal
11 Method of inquiry by Tribunal
12 Fees and allowances
12AA Annual report
Division 3—Determinations by employing bodies for principal executive offices
12C Terms and conditions determined by employing body
Division 4—Remuneration etc. for Departmental Secretaries
13 Determination of classification structure etc.
14 Amount of remuneration
15 Determination of other terms and conditions
16 Publication of determinations made by the Tribunal under this Division
Part IV—Miscellaneous
16A Recoverable payments
16B Recoverable death payments
16C Reports…
Overview
The Remuneration Tribunal Act 1973 was enacted to establish a tribunal responsible for determining the remuneration and allowances, as well as recreation leave entitlements, of certain public office holders. This legislation was introduced to address the need for a formal mechanism to review and set the remuneration for various public offices, ensuring fairness and consistency in the remuneration packages offered to public servants. The Act was enacted by the Commonwealth Parliament and received Royal Assent on 19 December 1973. The primary policy objective of the Act is to maintain equitable and transparent remuneration practices within the public sector, ensuring that public office holders are compensated appropriately for their roles while preventing conflicts of interest and ensuring the integrity of the remuneration process.
Scope and Application
The Remuneration Tribunal Act 1973 applies to public offices established by, or appointments made under, laws of the Commonwealth or a Territory (other than enactments) and specified by the Minister. It applies to public offices and appointments in the service or employment of a public statutory corporation or an incorporated company, as well as appointments made by the Governor-General or a Minister of State. It also applies to certain executive education offices and offices of members of the Aboriginal Corporation of the National Aboriginal Conference. However, it does not apply to offices or appointments in the Defence Force, certain offices in the Australian Federal Police, offices or appointments in the service or employment of a higher education institution, and certain offices in the Australian Public Service. The Act also applies to principal executive offices declared by the Minister, and to certain relevant offices within the meaning of subsection 7(3AA) for the purposes of determining recreation leave entitlements. The Act extends to the Australian Capital Territory and all other states and territories of Australia. The Act allows for the establishment of the Remuneration Tribunal to inquire into, and report on, matters related to the remuneration and allowances of public office holders, including the salaries of officers of higher education institutions and the remuneration of Departmental Secretaries. The Tribunal is responsible for determining the classification structure for principal executive offices, determining the remuneration and allowances for holders of public offices, and providing advice to the Australian National University and the University of Canberra regarding the terms and conditions for executive education offices. The Act also includes provisions for the recovery of certain payments and the publication of reports.
Key Provisions
- The Remuneration Tribunal Act 1973 establishes the Remuneration Tribunal, which is responsible for determining remuneration and allowances for certain public and other offices. The Act covers various types of offices, including principal executive offices, higher education institutions, and Departmental Secretaries. The Tribunal has the authority to inquire into and report on matters related to remuneration, as well as to determine the remuneration to be paid to holders of public offices. Members of the Tribunal are appointed by the Governor-General and serve part-time for a period not exceeding five years. Certain individuals, such as members of Parliament or those holding public offices, are ineligible for appointment to the Tribunal. The Minister may declare certain offices to be principal executive offices and determine their classification within a structure set by the Tribunal. The Minister may also declare a specified person, authority, or body to be the employing body for a principal executive office.
- The Act imposes obligations on the Tribunal to inquire into and report on matters related to remuneration, including rates of salaries for certain higher education institution officers and the classification structure for principal executive offices. The Tribunal must make determinations and give copies to the Minister and, in some cases, the Chief Minister of the Australian Capital Territory. The Minister is required to lay copies of these determinations before each House of the Parliament. The Act also outlines the procedures for the Tribunal to follow when making determinations, including the ability to hold hearings, make recommendations, and take necessary action to remove discriminatory determinations. Members of the Tribunal are subject to certain restrictions, such as the prohibition of holding public offices or being members of Parliament while serving on the Tribunal.
- Failure to comply with the provisions of the Remuneration Tribunal Act 1973 may result in civil or criminal consequences, depending on the specific offence. For example, wilful failure to comply with a determination made by the Tribunal may result in a penalty of up to 50 penalty units. Additionally, the Act includes provisions for the recovery of payments made under certain circumstances, such as when a payment is made to a deceased person's estate or when a payment is made in error. These provisions outline the circumstances under which the Commonwealth may pay such amounts and the process for recovering them. The Act also includes reporting requirements for relevant Commonwealth entities, which must publish reports detailing the number and total amount of payments made under specific provisions.
- Area of Law
- Public Sector & Administrative Law
- Remuneration & Allowances
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Remuneration & Allowances
- Review & Sunset Clauses