Remuneration Tribunals Act 1974 (Cth)
An Act to amend the
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows: —
(2) The
(3) The Principal Act, as amended
by this Act, may be cited as the
“PART I—PRELIMINARY”
“PART II—REMUNERATION TRIBUNAL”.
(a) by omitting from sub-section (1) the word “Act” (first occurring) and substituting the word “Part”;
(b) by omitting from sub-section (1) the definition of “holder of a statutory office” and substituting the following definitions:—
“‘institution of tertiary education’ includes a university and a college of advanced education;
‘legislative assembly’ includes a legislative council or any similar body;”;
(c) by inserting in sub-section (1), after the definition of “member”, the following definitions:—
“ ‘office’ includes position;
‘public statutory corporation’ means a corporation established for a public purpose by a law of Australia or a law of a Territory but does not include an institution of tertiary education;
‘Territory’ does not include Papua New Guinea; ”;
(d) by omitting from sub-section (2) the word “Act” and substituting the word “Part”; and
(e) by adding at the end thereof the following sub-sections:—
“(3) A reference in this Part to an office includes a reference to an office of member of a legislative assembly of an internal Territory and any office in or in connexion with such an assembly that can be held only by a member of that assembly.
“(4) In this Part, a reference to a public office is a reference to—
(a) an office established by, or an appointment made under, a law of Australia (other than this Act);
(b) an office established by, or an appointment made under, a law of a Territory, being an office or appointment, or an office or appointment included in a class of offices or appointments, specified by the Minister, by a notice in writing given to the Chairman, to be an office or appointment or a class of offices or appointments to which this Part is to apply;
(c) an appointment made by the Governor-General or a Minister of State otherwise than under a law of Australia or a law of a Territory, being an appointment, or an appointment included in a class of appointments, specified by the Minister, by a notice in writing given to the Chairman, to be an appointment or a class of appointments to which this Part is to apply;
(d) an office or appointment in the service or employment a public statutory corporation, being an office or appointment that is specified by the Minister, by a notice in writing given to the Chairman, to be a senior office or senior appointment, as the case may be, in the service or employment of the corporation to which this Part is to apply;
(e) an appointment as a director of an incorporated company all the stock or shares in the capital of which is or are beneficially owned by Australia;
(f) an office or appointment in the service or employment of an incorporated company referred to in paragraph (e), being an office or appointment that is specified by the Minister, by a notice in writing given to the Chairman, to be a senior office or senior appointment, as the case may be, in the service or employment of the company to which this Part is to apply; or
(g) an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph,
but does not include a reference to—
(h) an office of Justice or Judge of a federal court or of the Supreme Court of a Territory;
(j) the office of a person who, by virtue of an Act, has the same status as a Justice or Judge of a court referred to in paragraph (h);
(k) an office or appointment in the Australian Public Service or the Commonwealth Teaching Service;
(l) an office or appointment the terms and conditions of which are fixed under the
Trade Commissioners Act 1933-1973;(m) an office or appointment (other than the office of Director-General of Security) in the Australian Security Intelligence Organization;
(n) an office or appointment under the
Papua New Guinea Act 1949-1974;(o) an office or appointment under the
Supply and Development Act 1939-1973;(p) an office or appointment (not being an office or appointment in the Defence Force) under regulations under the
Naval Defence Act 1910-1973;(q) an office or appointment in the service or employment of an institution of tertiary education;
(r) an office or appointment in the Defence Force other than an appointment as—
(i) Chairman, Chiefs of Staff Committee;
(ii) Chief of Naval Staff;
(iii) Chief of the General Staff; or
(iv) Chief of the Air Staff;
(s) an office or appointment in the Commonwealth Police Force other than an office or appointment that is specified by the Minister, by a notice in writing given to the Chairman, to be a senior office or senior appointment, as the case may be, in that Police Force to which this Part is to apply;
(t) except as provided by paragraph (d) or (f), an office or appointment in the service or employment of a public statutory corporation or of an incorporated company;
(u) an office or appointment the remuneration in respect of which is required by law to be fixed by or in consultation with, or in accordance with arrangements made with, the Government of a State or of a country other than Australia; or
(v) an office or appointment, or an office or appointment included in a class of offices or appointments, prescribed by the regulations for the purposes of this paragraph.
“(5) A reference in this Part to the making of an appointment includes, unless the contrary intention appears, a reference to—
(a) the making of a contract with a person for the performance of services by the person; and
(b) the issuing of a Commission, or of another instrument (whether of a formal or informal nature), to a person appointing, authorizing or requesting him, either alone or together with another person or other persons, to hold an inquiry or perform other functions, duties or services,
and the person with whom such a contract is made or to whom such a Commission or other instrument is issued shall be deemed for the purposes of this Part to be the holder of an appointment.”.
(a) by omitting from sub-sections (1) and (3) the word “Act” and substituting the word “Part”; and
(b) by omitting from sub-section (4) the words “or has been—” and substituting the words or has been during the immediately preceding period of 7 years—”;
(c) by inserting in paragraph (b) of sub-section (4), before the word “Public”, the word “Australian”;
(d) by omitting from paragraph (c) of sub-section (4) the word “statutory” and substituting the word “public”;
(e) by omitting from paragraph (d) of sub-section (4) the words “an internal” and substituting the word “a”; and
(f) by omitting sub-section (6) and substituting the following subsection:—
“(6) A member is not eligible to be appointed as Chairman unless—
(a) he is a Judge or a retired Judge of a court of a State; or
(b) he is qualified for appointment as a Judge of a court of a State, and he is not, and has not been during the immediately preceding period of 7 years, a member of the full-time staff of an institution of tertiary education. ”.
(a) by omitting from sub-section (1) the word “Act’’ and substituting the word “Part”; and
(b) by omitting sub-sections (2) and (3) and substituting the following sub-sections: —
“(2) The Tribunal shall, from time to time as provided by this Part, inquire into, and report to the Minister on, the question whether any alterations are desirable in the remuneration payable to—
(a) Justices or Judges of federal courts or of the Supreme Courts of the Territories; and
(b) persons who, by virtue of an Act, have the same status as a Justice or Judge of a court referred to in paragraph (a).
“(3) Where the Tribunal inquires into a matter referred to in sub-section (1) or (2)—
(a) the Tribunal may also inquire into, and report on, any matter that is, or is considered by it to be, significantly related to the first-mentioned matter; and
(b) if the Minister, by a notice in writing given to the Chairman, requests the Tribunal to inquire into, and report on, a matter specified in the notice, being a matter that is, or is considered by the Minister to be, significantly related to the first-mentioned matter, the Tribunal shall inquire into, and report on, the matter specified in the notice.”.
(a) by omitting from sub-sections (1) and (2) the word “Act” and substituting the word “Part”;
(b) by omitting sub-sections (3) and (4) and substituting the following sub-sections:—
“(3) The Tribunal shall, from time to time as provided by this Part, inquire into, and determine, the remuneration to be paid to the holders of offices in the First Division of the Australian Public Service and to the holders of public offices.
“(3a) The Tribunal may make a determination under sub-section (3) in relation to persons included in a class of persons specified in the determination without specifying in the determination every person who is included in that class.
“(4) Where the Tribunal inquires into a matter referred to in sub-section (l), (2) or (3)—
(a) the Tribunal may also inquire into, and either determine or report on, any matter that is, or is considered by it to be, significantly related to the first-mentioned matter; and
(b) if the Minister, by a notice in writing given to the Chairman, requests the Tribunal to inquire into, and either to determine or report on, a matter specified in the notice, being a matter that is, or is considered by the Minister to be, significantly related to the first-mentioned matter, the Tribunal shall inquire into the matter specified in the notice and either determine or report on that matter, as the case may be, in accordance with the request.”; and
(c) by omitting sub-section (9) and substituting the following sub-sections:—
“(9) Remuneration or allowances to which a subsisting determination applies shall, notwithstanding the provisions of any other law of Australia, of any law of a State or Territory, of any instrument having effect by virtue of such a law or of any contract, but subject to the succeeding provisions of this section—
(a) in the case of remuneration or allowances payable to a person who—
(i) holds an office or appointment as, or as a member of, or in the service or employment of, a public statutory corporation or an office or appointment as a member of a body established to manage, conduct or control the business or affairs of, or otherwise to perform functions in relation to, such a corporation; or
(ii) holds an office or appointment as a director of, or in the service or employment of, an incorporated company,
being a corporation or company that has funds under its control that are lawfully available to pay the remuneration or allowances—be paid in accordance with the determination out of those funds; and
(b) in any other case—be paid in accordance with the determination out of the Consolidated Revenue Fund.
“(10) A member of, or a candidate for election to, either House of the Parliament is not entitled to be paid any remuneration or allowances in respect of his holding, or performing the duties of, a public office but he shall be reimbursed—
(a) in the case of a public office to which paragraph (9)(a) applies—out of the funds of the corporation or company concerned; or
(b) in any other case—out of the Consolidated Revenue Fund,
such expenses as he reasonably incurs in respect of his holding, or performing the duties of, that office.
“(11) Except as prescribed, or as authorized or approved by or under any other law of Australia or any law of a Territory, a person is not entitled to be paid any remuneration in respect of his holding, or performing the duties of, a public office on a part-time basis if the person holds any office or appointment, or is otherwise employed, on a full-time basis in the service or employment of Australia, the Administration of a Territory, a public statutory corporation or an incorporated company all the stock or shares in the capital of which is or are beneficially owned by Australia or by a public statutory corporation.
“(12) Except as prescribed, a person is not entitled to be paid any remuneration in respect of his holding, or performing the duties of, a public office if the person holds a judicial office in the service of the Government of a State or of a country other than Australia.
“(13) The Consolidated Revenue Fund is appropriated for the purposes of sub-sections (9) and (10).
“(14) Nothing in a determination affects the operation of section 17 of the
Remuneration and Allowances Acts 1973.”.
(a) by omitting the words “The Tribunal” and substituting the words “Subject to this section, the Tribunal ”; and
(b) by adding at the end thereof the following sub-sections: —
“(2) Where—
(a) a person becomes the holder of an office in respect of which the Tribunal has not determined the remuneration to be paid; or
(b) a substantial change in the functions or duties to be performed by the holder of an office has occurred since the Tribunal last determined the remuneration to be paid in respect of that office,
the Tribunal shall, as soon as practicable but without prejudice to its obligations under sub-section (1), inquire into and determine the remuneration to be paid to the holder of that office.
“(3) Where the Tribunal inquires into, and determines, the remuneration to be paid to the holder of an office in accordance with sub-section (2), the Tribunal may also inquire into, and either determine or report on, any matter that is, or is considered by it to be, significantly related to that remuneration.
“(4) In this section, ‘office’ means a public office or an office in the First Division of the Australian Public Service. ”.
“PART III—ACADEMIC SALARIES TRIBUNAL
“12a. (1) In this Part, unless the contrary intention appears—
‘academic staff’, in relation to an institution of tertiary education, means the members of the staff (whether employed on a full-time or part-time basis) of the institution—
(a) who are employed by the institution wholly or principally in teaching or research or in both teaching and research; or
(b) to whom persons referred to in paragraph (a) are responsible in relation to the teaching or research in which they are employed,
but does not include members of the staff of the institution employed by the institution wholly or principally in support of other members of the staff who are employed in research;
‘institution of tertiary education’ includes a university and a college of advanced education;
‘Tribunal’ means the Tribunal established by sub-section 12b(1).
“(2) A reference in this Part to teaching shall be construed as a reference only to teaching that the Tribunal considers to be carried out at a tertiary level.
“12b. (1) For the purposes of this Part, there is hereby established a Tribunal to be known as the Academic Salaries Tribunal.
“(2) Subject to sub-section (3), the Tribunal shall be constituted by—
(a) the person who is the Chairman of the Remuneration Tribunal; or
(b) if another person is appointed temporarily in the place of the Chairman under sub-section 33 (4) of the
Acts Interpretation Act 1901-1973—the person so appointed.
“(3) If the person who would, but for this sub-section, constitute the Tribunal is unavailable to hold a particular inquiry, the Tribunal shall be constituted for the purposes of that inquiry, and of any determination or report resulting from that inquiry, by a person appointed by the Minister.
“12c. The functions of the Tribunal are—
(a) to inquire into, and determine, the salaries to be paid to the academic staff of institutions of tertiary education established by the laws of Australia and of the Territories; and
(b) to inquire into, and report to the Minister on—
(i) the rates of salaries, in relation to the academic staff of institutions of tertiary education in the States or of institutions of tertiary education in the Territories other than institutions referred to in paragraph (a), that should be used as a basis for making grants in respect of recurrent expenditure in connexion with those institutions; and
(ii) the dates as from which those rates of salaries should be so used.
“12d. (1) Subject to this section, the Tribunal shall, whenever it inquiries, thinks it desirable to do so, make, at the one time, determinations and reports in relation to all institutions of tertiary education as mentioned in section 12c.
“(2) Where the Tribunal inquires into the matters referred to in section 12c—
(a) the Tribunal may also inquire into, and report on, any matter that is, or is considered by it to be, significantly related to any of the first-mentioned matters;
(b) if the Minister, by a notice in writing given to the person constituting the Tribunal, requests the Tribunal to inquire into, and report on, a matter specified in the notice, being a matter that is, or is considered by the Minister to be, significantly related to any of the first-mentioned matters, the Tribunal shall inquire into, and report on, the matter specified in the notice; and
(c) the Tribunal may also inquire into and report on—
(i) the salaries that should be paid to Vice-Chancellors, Principals or other chief executive officers, and other senior officers, of institutions of tertiary education established by the laws of Australia and of the Territories and the dates as from which those salaries should be paid;
(ii) the rates of salaries, in relation to Vice-Chancellors, Principals or other chief executive officers, and other senior officers, of institutions of tertiary education in the States or of institutions of tertiary education in the Territories other than institutions referred to in sub-paragraph (i), that should be used as a basis for making grants in respect of recurrent expenditure in connexion with those institutions and the dates as from which those rates of salaries should be so used; and
(iii) any matter that is, or is considered by the Tribunal to be, significantly related to any of the matters referred to in sub-paragraphs (i) and (ii).
“(3) A determination of the Tribunal shall be in writing and shall come into operation, or shall be deemed to have come into operation, on such date as the Tribunal specifies in the determination.
“(4) The Tribunal shall furnish to the Minister a copy of every determination made by the Tribunal.
“(5) The Minister shall cause a copy of a determination or report by the Tribunal to be laid before each House of the Parliament within 15 sitting days of that House after the report or determination is received by him.
“(6) If either House of the Parliament, within 15 sitting days of that House after a copy of a determination has been laid before that House, passes a resolution disapproving of the determination, then—
(a) if the determination has not come into operation—the determination shall not come into operation; or
(b) if the determination has come into operation—the determination shall not have any force or effect in respect of a period on or after the day on which the resolution was passed.
“(7) Salaries to which a subsisting determination applies shall, notwithstanding the provisions of any other law of Australia, of any law of a Territory, of any instrument having effect by virtue of such a law or of any contract, be paid in accordance with the determination.
“12e. (1) In the performance of the functions of the Tribunal—
(a) the Tribunal may inform itself in such manner as it thinks fit;
(b) the Tribunal may receive written or oral statements;
(c) the Tribunal is not required to conduct any proceeding in a formal manner; and
(d) the Tribunal is not bound by the rules of evidence.
“(2) The Minister may, if he thinks fit, appoint a person or persons to assist the Tribunal in an inquiry.
“12f. The person constituting the Tribunal and any person appointed under sub-section 12e(2) to assist the Tribunal shall be paid such fees and allowances as are prescribed. ”.
“PART IV—MISCELLANEOUS”.
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