Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 1998 (No. 1) 1998 No. 309
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 309
Issued by the Authority of the Minister for Finance and Administration
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Judicial and Statutory Officers (Remuneration and Allowances) Amendment 1998
Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, provides that the Governor-General may make regulations to give effect to Section 8 of the Act.
Subsection 8(1) of the Act provides that where a person appointed to hold a statutory office in a full-time capacity was, immediately before the appointment, an officer (including an unattached officer) of the Australian Public Service, the person must if the regulations so provide, be paid during the period of the appointment to the first-mentioned office, in lieu of remuneration payable in respect of that office, remuneration at such rate as is specified in the regulations.
Regulations 2 and 4 of the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations) specify rates of remuneration for two office-holders, based on the rates of remuneration applying to their previous offices:
* Regulation 2 - the Australian Electoral Commissioner; and
* Regulation 4 - the Privacy Commissioner.
The rates of the remuneration for the Australian Electoral Commissioner and the Privacy Commissioner are derived from the rates of remuneration of Secretaries of Commonwealth Departments. Commencing 1 July 1998 the Remuneration Tribunal determined a 2% increase in the rates of salary of Departmental Secretaries. It is therefore necessary to adjust the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner to maintain parity.
Regulation 3 provides that the Regulations are amended as set out in regulations 5 and 6.
Regulation 5 amends (current) Regulation 2 to adjust the remuneration of the Australian Electoral Commissioner by 2% from $134 589 to $137 281, effective from 1 July 1998.
Regulation 6 similarly amends (current) Regulation 4 to adjust the remuneration of the Privacy Commissioner by 2% from $154 777 to $157 873, effective from 1 July 1998.
The regulations commenced on 1 July 1998,
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 1998 (No. 1) were enacted to adjust the remuneration of certain statutory office-holders to maintain parity with the rates of remuneration for Departmental Secretaries, following a 2% increase determined by the Remuneration Tribunal. This amendment was necessary under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, specifically Section 8, which empowers the Governor-General to make regulations to effectuate the provisions of the Act. The policy objective of these regulations was to ensure that the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner aligns with the new rates of salary for Departmental Secretaries, effective from 1 July 1998. The regulations were issued under the authority of the Minister for Finance and Administration and commenced on 1 July 1998.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 1998 (No. 1) are made under the authority of the Minister for Finance and Administration, pursuant to subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984. These regulations apply specifically to the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner, who were previously officers of the Australian Public Service before their appointments to these statutory offices. The amendments are designed to adjust their remuneration rates in line with a 2% increase in the salaries of Departmental Secretaries, as determined by the Remuneration Tribunal effective from 1 July 1998. Consequently, Regulation 5 increases the remuneration of the Australian Electoral Commissioner from $134,589 to $137,281, and Regulation 6 adjusts the remuneration of the Privacy Commissioner from $154,777 to $157,873, both effective from the same date. The regulations have a Commonwealth jurisdictional reach, applying across Australia.
Key Provisions
The Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 1998 (No. 1) (F1998B00327) make changes to the remuneration of certain statutory officers, specifically the Australian Electoral Commissioner and the Privacy Commissioner, under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984. Regulation 2, which originally set the remuneration for the Australian Electoral Commissioner at $134,589, is amended by Regulation 5 to increase this to $137,281, effective from 1 July 1998. Similarly, Regulation 4, which originally set the remuneration for the Privacy Commissioner at $154,777, is amended by Regulation 6 to increase this to $157,873, also effective from 1 July 1998. These amendments are necessary to align the remuneration of these officers with the 2% increase in the rates of salary for Secretaries of Commonwealth Departments, as determined by the Remuneration Tribunal.
The obligations under these regulations primarily concern the Australian Electoral Commissioner and the Privacy Commissioner, who are required to receive their adjusted remuneration as specified. The Act mandates that if a person appointed to a statutory office was previously an officer of the Australian Public Service, they must be paid remuneration in lieu of that which would be payable in respect of their previous office, as determined by the regulations. The regulations ensure that the remuneration for these positions is updated to maintain parity with the salary rates of Departmental Secretaries.
The regulations impose specific obligations on the relevant officers and the Commonwealth to ensure that the new rates of remuneration are adhered to and paid from the effective date of 1 July 1998. There are no specific offences, penalties, or civil or criminal consequences outlined in the regulations for non-compliance with the remuneration provisions. However, failure to adhere to these regulations could potentially lead to disputes regarding the lawful remuneration of the officers involved. It is important that the Commonwealth ensures that the amended remuneration rates are correctly implemented and paid to the respective office-holders.