Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 2000 (No. 1) 2000 No. 21
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 21
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 Regulations 2000 (No. 1)
The attached Statutory Rule makes regulations under subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act) to amend the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations).
Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act) 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 who is appointed to hold a statutory office in a full-time capacity is, immediately before the appointment, a full-time statutory office holder or officer (including unattached officer) of the Australian Public Service, the person must, if the regulations so provide, be paid during the period of appointment to the firstmentioned office, in lieu of remuneration payable in respect of that office, remuneration at such rate as is specified in the regulations.
The purpose of the Amendment Regulation is to provide salary maintenance arrangements for the new appointee to the office of the Chairperson of the Superannuation Complaints Tribunal. The new appointee who will hold the office of Tribunal Chairperson from 14 March 2000 is currently a Deputy President of the Administrative Appeals Tribunal.
Amendment Regulation No 3 provides that the principal Regulations are amended as set out in Schedule 1.
Schedule 1 of the Amendment Regulations will be taken to have commenced on 14 March 2000, and provides that the holder of the office of Tribunal Chairperson is to be paid remuneration and allowances prescribed in relation to the office of Deputy President of the Administrative Appeals Tribunal.
The Regulations commenced on gazettal.
Authority: Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 2000 (No. 1) were enacted to address a specific issue concerning the remuneration of a new appointee to the office of Chairperson of the Superannuation Complaints Tribunal. This legislation was introduced to ensure that the individual appointed to this role, who was previously a Deputy President of the Administrative Appeals Tribunal, would receive appropriate compensation in line with their prior role. This was achieved by amending the existing Judicial and Statutory Officers (Remuneration and Allowances) Regulations under subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984. The policy objective of these regulations is to maintain salary parity and provide clear remuneration guidelines for statutory office holders transitioning between significant roles within the Australian Public Service. The regulations were issued by the Minister for Finance and Administration and came into effect on the date of gazettal.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 2000 (No. 1) applies specifically to the person appointed to the office of the Chairperson of the Superannuation Complaints Tribunal, who is also a former Deputy President of the Administrative Appeals Tribunal. The Regulations amend the Judicial and Statutory Officers (Remuneration and Allowances) Regulations to provide remuneration and allowances for this new appointment, ensuring that the appointee is paid at a rate equivalent to that of a Deputy President of the Administrative Appeals Tribunal. These Regulations are made under subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, and their purpose is to maintain the salary of the new appointee in accordance with existing statutory provisions. The Regulations commenced on the date of their gazettal and are applicable nationally within the Commonwealth of Australia.
Key Provisions
The Judicial and Statutory Officers (Remuneration and Allowances) Amendment Regulations 2000 (No. 1) primarily amend the existing regulations under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984. Specifically, section 8(3) of the Act allows for the Governor-General to make regulations that align with section 8, which addresses the remuneration for statutory officers. This amendment pertains to the salary arrangements for the new appointee to the office of the Chairperson of the Superannuation Complaints Tribunal, effective from 14 March 2000. The new appointee, who is currently a Deputy President of the Administrative Appeals Tribunal, will be paid remuneration as specified in the regulations.
These regulations impose obligations on the parties involved, particularly focusing on the remuneration and allowances for the new Chairperson of the Superannuation Complaints Tribunal. The key obligation is to ensure that the new appointee receives remuneration equivalent to that of a Deputy President of the Administrative Appeals Tribunal. This is to maintain the salary parity for the appointee as stipulated in the regulations. The regulations also mandate that these changes are effective from the date of appointment, which is 14 March 2000.
In terms of consequences for non-compliance, the regulations do not explicitly detail specific offences or penalties within the explanatory statement. However, under the overarching Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, non-compliance with remuneration regulations could lead to legal actions, with the potential for civil or administrative penalties. The exact nature and extent of these consequences would depend on the specific provisions of the Act and any applicable judicial interpretations or administrative rulings.