EXPLANATORY STATEMENT
1989 No. 239
INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY REGULATIONS (AMENDMENT)
Section 36 of the Inspector-General of Intelligence and Security Act 1986 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted to be prescribed by the Act or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 27(1) of the Act provides that the Inspector-General shall be paid such remuneration as is determined by the Remuneration Tribunal, but if no determination of that remuneration is in operation, the Inspector-General shall be paid such remuneration as is prescribed.
Subsection 27(2) of the Act provides that the Inspector-General be paid such allowances as are prescribed.
Regulation 3 of the Inspector-General of Intelligence and Security Regulations provides for the remuneration and allowances of a full-time Inspector-General. Regulation 3 is unnecessary as the Remuneration Tribunal has subsequently determined the remuneration payable to a full-time Inspector-General including a travelling allowance and an expenses of office allowance (Determination Number 19 of 1988).
Subsection 26(4) of the Act provides that the Inspector-General may be appointed on a full-time or part-time basis.
Subsection 26(5) of the Act provides that a person who has attained the age of 65 years shall not be appointed to the office of Inspector-General on a full-time basis and a person shall not be appointed to that office on a full-time basis for a period that extends beyond the day on which the person will attain the age of 65 years.
The full-time appointment of the Inspector-General, Mr Neil Donald McInnes, ended on 5 September 1989. Mr McInnes has been reappointed for four months from 6 September 1989 during which time it is proposed to appoint a suitably qualified replacement.
Mr McInnes attained the age of 65 years on 6 September 1989 and he was appointed on a part-time basis.
As the regulations and the Remuneration Tribunal determination do not provide for the remuneration and allowances of a part-time Inspector-General, the regulations have been amended accordingly.
Details of the proposed amendments to the Regulations are:
Regulation 1 defines the Principal Regulations as the Inspector-General of Intelligence and Security Regulations.
Regulation 2 repeals Regulation 3 of the Principal Regulations and substitutes a new regulation providing for remuneration for an Inspector-General appointed on a part-time basis at a rate equal to two-fifths of the remuneration that would be payable to a full-time appointee and providing for a travelling allowance at the rate that would be payable to a full-time appointee and an expenses of office allowance at the rate equal to two-fifths of that payable to a full-time appointee.
Overview
The Inspector-General of Intelligence and Security Regulations (Amendment) 1989 addresses the gap in remuneration and allowances for part-time Inspector-General appointments within the framework of the Inspector-General of Intelligence and Security Act 1986. Enacted by the Parliament of Australia, this legislation amends the existing regulations to ensure that part-time Inspectors-General receive appropriate compensation and allowances. The policy objective is to maintain the integrity and functionality of the oversight mechanisms provided by the Inspector-General of Intelligence and Security by ensuring that remuneration and allowances are fairly adjusted for part-time appointments. This amendment is particularly relevant following the transition of Mr Neil Donald McInnes to a part-time appointment upon reaching the age of 65, as stipulated in the Act.
The amendment effectively repeals the existing regulation regarding remuneration for full-time Inspectors-General and introduces a new regulation specifying remuneration and allowances for part-time appointments. This ensures that part-time Inspectors-General are compensated at a rate that reflects their reduced workload, while still maintaining parity in allowances such as travel and office expenses. The Remuneration Tribunal's previous determinations for full-time appointments serve as the basis for calculating these new part-time rates, ensuring consistency and fairness in the compensation structure.
Scope and Application
The Inspector-General of Intelligence and Security Regulations (Amendment) 1989 amends the existing regulations under the Inspector-General of Intelligence and Security Act 1986 to adjust for the remuneration and allowances applicable to a part-time Inspector-General. The Act applies to the Inspector-General of Intelligence and Security, a role within the Commonwealth of Australia responsible for overseeing the intelligence and security agencies, ensuring they operate within the law and respecting human rights. The amendments to the Regulations are necessary due to the retirement of Mr Neil Donald McInnes, who was reappointed on a part-time basis after reaching the mandatory retirement age for a full-time appointment. The Regulations provide specific remuneration and allowances for a part-time Inspector-General, reflecting two-fifths of the full-time rates for both remuneration and the expenses of office allowance, while maintaining the full-time rate for the travelling allowance. The amendments ensure that the remuneration and allowances are consistent with the Remuneration Tribunal's determinations and the requirements of the Act.
Key Provisions
The Inspector-General of Intelligence and Security Regulations (Amendment) addresses the remuneration and allowances for the Inspector-General when appointed on a part-time basis, following the end of Mr Neil Donald McInnes' full-time appointment. Regulation 1 clarifies the Principal Regulations, while Regulation 2 repeals and replaces Regulation 3 to provide specific provisions for part-time appointments. Specifically, Regulation 2 states that a part-time Inspector-General is entitled to remuneration at a rate of two-fifths of what a full-time appointee would receive. It also maintains the same rate for the travelling allowance as a full-time appointee but reduces the expenses of office allowance to two-fifths of the full-time rate.
The Act imposes obligations on the parties involved, particularly focusing on the remuneration and allowances of the Inspector-General. The Remuneration Tribunal determines the remuneration for a full-time Inspector-General, as outlined in Regulation 3, which is now rendered unnecessary due to the Tribunal's Determination Number 19 of 1988. For part-time appointments, the regulations themselves must now specify the remuneration and allowances, ensuring that the Inspector-General is fairly compensated based on their appointment type. This amendment is crucial to maintain the integrity and functionality of the oversight role, ensuring that the Inspector-General can effectively carry out their duties without financial disincentives.
Breaching the provisions of these regulations could result in legal consequences, although the specific offences, penalties, or consequences are not detailed in the explanatory statement. However, given the nature of the Act and its regulatory framework, any non-compliance could potentially lead to civil or administrative penalties, which might include fines or other corrective measures. The precise penalties would be determined based on the specific breach and the relevant legal standards applicable at the time. Ensuring adherence to these regulations is vital to uphold the standards of the oversight role and to maintain public confidence in the intelligence and security sector.