EXPLANATORY STATEMENT
Aboriginal Development Commission
(Remuneration and Allowances) Regulations
Statutory Rules 1986 No. 235. Issued by the Authority of the Minister of State for Aboriginal Affairs.
Section 49 of the Aboriginal Development Commission Act 1980 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
In accordance with the Prime Minister’s agreement that Mrs Shirley Anne McPherson hold the office of Chairman of the Aboriginal Development Commission on a full-time basis, and as a consequence of the proposed determination to that effect under section 13 of the Aboriginal Development Commission Act 1980, provision needs to be made for payment in the future of remuneration and allowances to the Chairman of the Commission.
Section 46 of the Aboriginal Development Commission Act 1980 provides that a member of the Commission shall be paid such remuneration and allowances as are determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration and allowances as are prescribed.
Although the Remuneration Tribunal has made a determination in relation to the Chairman’s office on the basis that its holder is part-time, it has not made a determination in respect of the holder of the office on a full-time basis. It is therefore necessary to prescribe the rate of salary and allowances payable to Mrs McPherson in future.
The regulations are expressed to operate on and from 3 September 1986, that is, as from the taking of effect of the proposed determination by the Governor-General under section 13 of the Aboriginal Development Commission Act 1980.
The Regulations provide:
• That for the purposes of sub-section 46(1) of the Act, the Chairman shall be paid remuneration at the rate of $63,164 per year.
• That for the purposes of sub-section 46(2) of the Act, the following allowances are prescribed in relation to the Chairman, namely the allowances payable to a Senior Executive Service officer of the Australian Public Service.
Overview
The Aboriginal Development Commission (Remuneration and Allowances) Regulations 1986 were enacted to address the need for the payment of remuneration and allowances to the Chairman of the Aboriginal Development Commission, Mrs Shirley Anne McPherson, who was appointed to hold the office on a full-time basis. This was in accordance with a Prime Minister’s agreement, and the regulations were made under section 49 of the Aboriginal Development Commission Act 1980, ensuring they did not conflict with the Act. The policy objective was to provide clear guidelines for the remuneration of the Chairman, aligning it with the allowances for a Senior Executive Service officer of the Australian Public Service, reflecting the full-time nature of the role. These regulations were issued by the Authority of the Minister of State for Aboriginal Affairs and took effect on 3 September 1986.
Scope and Application
The Aboriginal Development Commission (Remuneration and Allowances) Regulations 1986 applies specifically to the Chairman of the Aboriginal Development Commission, Mrs Shirley Anne McPherson, who is to hold the office on a full-time basis. Pursuant to the Aboriginal Development Commission Act 1980, the regulations prescribe the remuneration and allowances for the Chairman, given that the Remuneration Tribunal had not yet determined the remuneration for a full-time holder of the position. The Chairman is to receive an annual salary of $63,164 and allowances equivalent to those of a Senior Executive Service officer of the Australian Public Service. These regulations apply within the jurisdiction of the Commonwealth of Australia and are intended to effectuate the agreement regarding Mrs McPherson's full-time appointment as the Commission's Chairman. The regulations do not explicitly exclude any categories of individuals or entities but are narrowly tailored to address the specific remuneration needs of the Chairman under the given circumstances. The applicability of these regulations is not extended or restricted by any subordinate instruments within the provided text.
Key Provisions
The Aboriginal Development Commission (Remuneration and Allowances) Regulations 1986 (C2004L03803) were made under section 49 of the Aboriginal Development Commission Act 1980, allowing the Governor-General to establish regulations for matters necessary or convenient for carrying out or giving effect to the Act. Specifically, section 46 of the Act mandates that the Chairman of the Commission be compensated according to determinations by the Remuneration Tribunal, or prescribed if no such determination exists. Given the unique full-time appointment of Mrs Shirley Anne McPherson as Chairman, these regulations were necessary to establish her remuneration and allowances.
The key provisions of these regulations (sections 1 to 4) establish that the Chairman, Mrs McPherson, shall be paid an annual salary of $63,164, effective from 3 September 1986. Additionally, the regulations specify that the Chairman will receive allowances equivalent to those of a Senior Executive Service officer within the Australian Public Service. These allowances include, but are not limited to, living away from home, travel, and relocation expenses. These provisions ensure that Mrs McPherson's compensation aligns with her full-time role and the status of a senior executive.
The regulations impose several obligations on the Aboriginal Development Commission. Primarily, the Commission is required to ensure that the prescribed remuneration and allowances are paid to the Chairman in accordance with the set rates and conditions. The Commission must also ensure that any changes to the Chairman's entitlements are in line with any future determinations by the Remuneration Tribunal or further regulations made under the Act. These obligations ensure the proper and timely payment of the Chairman's remuneration and allowances.
Failure to comply with the regulations may result in legal and financial consequences. While the regulations themselves do not explicitly state penalties for non-compliance, breaches of the Aboriginal Development Commission Act 1980 or related regulations could lead to civil or criminal actions. Potential penalties could include fines or other sanctions, depending on the severity and nature of the breach. The Commission must therefore take all necessary steps to adhere to the regulations to avoid any legal repercussions.