Overview

The Remuneration Tribunal Determination 2017/05, enacted under the Remuneration Tribunal Act 1973, was issued to address the need for an update to the existing relocation assistance arrangements applicable to the offices of Departmental Secretaries. The Remuneration Tribunal, as the enacting body, concluded that several provisions governing relocation assistance were outdated and unnecessary. Consequently, this determination amends the relevant sections to streamline and modernise the assistance framework, thereby addressing the identified gaps in the existing legislation. The policy objective is to ensure that the relocation assistance provisions are current, efficient, and aligned with the needs of the Departmental Secretaries. This determination, which came into effect on 1 June 2017, specifically revises Part 7 of the Principal Determination, removing several clauses and subclauses that were deemed redundant. The changes include the deletion of subclause 7.3(c), subclause 7.3(d), clause 7.4, clause 7.9, clause 7.10, and clause 7.16, followed by the renumbering of the remaining clauses. Additionally, sub-clause 7.3(b) was amended by removing the phrase “for whatever reason; and”. The amendments reflect the Tribunal’s intent to simplify and rationalise the relocation assistance provisions for Departmental Secretaries.

Scope and Application

The Remuneration Tribunal Determination 2017/05, issued under the authority of Part II, Division 4, Section 15 of the Remuneration Tribunal Act 1973, applies specifically to the classification structure and terms and conditions of Departmental Secretaries within the Australian public service. This Determination takes effect from 1 June 2017 and is a direct result of a review of the relocation assistance arrangements for Departmental Secretaries. The Tribunal's review led to the conclusion that certain existing provisions were outdated and unnecessary, leading to the amendments detailed in this Determination. The amendments involve the deletion of specific clauses and sub-clauses related to removal and relocation assistance, effectively removing outdated provisions and simplifying the existing framework. This Determination does not extend to other categories of public service employees or other industries, maintaining a specific focus on the roles and conditions of Departmental Secretaries.

Key Provisions

The Remuneration Tribunal Determination 2017/05 amends Part 7 of the Principal Determination (Determination Number 13 of 2016) concerning removal and relocation assistance for Departmental Secretaries. Specifically, it deletes several clauses (subclause 7.3(c), subclause 7.3(d), clause 7.4, clause 7.9, clause 7.10, and clause 7.16) and renumbers the remaining clauses. This decision was made after a review concluded that some existing provisions were outdated and unnecessary. The changes were intended to streamline and modernise the relocation assistance arrangements for Departmental Secretaries. The amended provisions came into effect on 1 June 2017. The Remuneration Tribunal Determination 2017/05 imposes specific obligations on the parties and entities it governs. Primarily, it affects the removal and relocation assistance provided to Departmental Secretaries. The amendments require a more current and efficient approach to these provisions, reflecting the Tribunal's review findings. By deleting certain clauses and renumbering others, the Determination aims to ensure that the assistance provided is relevant and necessary. These changes also require Departmental Secretaries and their employers to comply with the updated terms and conditions as outlined in the amended Part 7. The Remuneration Tribunal Determination 2017/05 does not explicitly state any specific offences, penalties, or consequences for breaches. However, non-compliance with the updated terms and conditions for removal and relocation assistance could potentially lead to disputes or legal actions under the Remuneration Tribunal Act 1973. The maximum penalties for breaches under the Act would generally depend on the specific nature of the breach and could include fines or other civil remedies. The Act also allows for enforcement through the Federal Court or the Federal Circuit Court, which could result in further penalties if deemed necessary.