Overview

The Remuneration Tribunal Determination 2018/01, issued under the Remuneration Tribunal Act 1973, was enacted to update the classification structure and terms and conditions for departmental secretaries in light of recent changes to the Administrative Arrangements Order. The purpose of this determination is to reflect the expanded functions and responsibilities of the Secretary of the Department of Home Affairs, which was newly established following a renaming of the Department of Immigration and Border Protection. Additionally, the determination renames the Department of Employment to the Department of Jobs and Small Business, the Department of Infrastructure and Regional Development to the Department of Infrastructure, Regional Development and Cities, and the Department of Immigration and Border Protection to the Department of Home Affairs. This was necessitated by changes implemented by the Governor-General on 20 December 2017. The policy objective of this Determination is to ensure that the remuneration of departmental secretaries accurately reflects their new roles and responsibilities, thereby maintaining fair and appropriate compensation within the public service.

Scope and Application

The Determination 2018/01, issued under Part II, Division 4 of the Remuneration Tribunal Act 1973, pertains to the classification structure and terms and conditions for departmental secretaries. It modifies Table 2B of Part 2 in the Principal Determination following amendments to the Administrative Arrangements Order by the Governor-General on 20 December 2017. The Remuneration Tribunal has elevated the Secretary of the Department of Home Affairs to Level 1 of the classification structure, reflecting an expansion in the office's functions and responsibilities. Additionally, the Determination updates the names of several departments, such as the Department of Employment now being the Department of Jobs and Small Business, and the Department of Infrastructure and Regional Development becoming the Department of Infrastructure, Regional Development and Cities. The changes outlined in this Determination are effective from 1 March 2018 and serve to align departmental titles and classification structures with recent administrative adjustments.

Key Provisions

The main operative sections of Determination 2018/01 are primarily concerned with updating the classification structure and terms and conditions for departmental secretaries, as outlined in Part 2 of the Remuneration Tribunal Act 1973. Specifically, section 2.1 of the Determination refers to the Principal Determination, which is Determination Number 06 of 2017. Section 2.2 amends Table 2B of Part 2 by inserting "Home Affairs" after "Health" at Level 1 and replacing entries at Level 2 with a list of updated departmental titles, including the renaming of several departments. The Determination imposes specific obligations on the parties it governs, primarily by reclassifying the Secretary Department of Home Affairs to Level 1 of the classification structure, acknowledging the increased functions and responsibilities associated with the office. Additionally, the renaming and restructuring of departments such as the Department of Employment to the Department of Jobs and Small Business, the Department of Infrastructure and Regional Development to the Department of Infrastructure, Regional Development and Cities, and the Department of Immigration and Border Protection to the Department of Home Affairs are formalised through this Determination. In terms of consequences for breach, Determination 2018/01 does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, given its issuance under the Remuneration Tribunal Act 1973, any failure to adhere to the terms and conditions outlined in the Determination could potentially lead to legal scrutiny or disputes, especially if it affects the remuneration and classification of departmental secretaries. The Remuneration Tribunal Act 1973 provides a framework within which such issues would be addressed, potentially involving further legal proceedings or tribunal determinations.