EXPLANATORY STATEMENT
STATUTORY RULES 1988. No 43
JUDICIAL AND STATUTORY OFFICERS (REMUNERATION AND ALLOWANCES)
REGULATIONS (AMENDMENT)
Issued with the authority of the Minister for Industrial Relations
Section 8 of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 provides, so far as it is relevant, that the Governor-General may make regulations prescribing remuneration and expenses of office allowance of an Australian Public Service officer appointed to hold a statutory office in a full-time capacity.
On 5 June 1987, the Governor-General appointed Mr Keith William Pearson as Director of the Australian War Memorial (Executive Council Minute No 10 by the Minister for Veterans’ Affairs refers).
Before his appointment Mr Pearson was Deputy Secretary, Senior Executive Level 5, in the Department of Veterans’ Affairs and had been acting as Director of the Australian War Memorial since January 1987 when the position of Director became vacant.
The level of remuneration for the office of Director of the Australian War Memorial is less than that for the office of Deputy Secretary, Senior Executive Level 5, Department of Veterans’ Affairs. Consistent with the Government’s long-standing policy, this regulation provides that Mr Pearson continues to receive the remuneration to which he was entitled as Deputy Secretary, Department of Veterans’ Affairs. This action was foreshadowed when Mr Pearson was appointed Director of the Australian War Memorial.
As the appointment took effect on 5 June 1987, the regulation provision takes effect from that date. This retrospective effect is permitted by section 48 of the Acts Interpretation Act 1901 as it does not adversely affect any person other than the Commonwealth.
Regulation 1 provides that regulation 2 shall be deemed to have come into operation on 5 June 1987.
Regulation 2 amends the Judicial and Statutory Officers (Remuneration and Allowances) Regulations by adding at the end regulation 3. This provides that where a person appointed to hold the office of Director of the Australian War Memorial was, immediately before the appointment, an officer of the Australian Public Service having a classification of Senior Executive Level 5, the person shall be paid, during the period of the appointment to the office of Director of the Australian War Memorial, in lieu of the remuneration and expenses of office allowance payable in respect of that office, remuneration and expenses of office allowance at such rates as are applicable to an officer of the Australian Public Service having a classification of Senior Executive Level 5.
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1996, issued under the authority of the Minister for Industrial Relations, aim to address a specific remuneration issue for the Director of the Australian War Memorial. Enacted to align with the Government's policy, this regulation ensures that Mr Keith William Pearson, who was appointed as the Director of the Australian War Memorial on 5 June 1987, continues to receive the remuneration to which he was entitled as Deputy Secretary, Senior Executive Level 5 in the Department of Veterans' Affairs. This measure was introduced to ensure fairness and consistency in remuneration, as the Director's position offered a lower salary compared to his previous role. The regulation is effective from 5 June 1987, with retrospective application permitted under section 48 of the Acts Interpretation Act 1901, ensuring that no person other than the Commonwealth is adversely affected.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) Statutory Rules 1988 No 43 provide specific amendments to the remuneration and allowances for statutory officers within the Australian Public Service (APS). These regulations apply to Mr Keith William Pearson, who was appointed as the Director of the Australian War Memorial on 5 June 1987, and who previously held the position of Deputy Secretary, Senior Executive Level 5, in the Department of Veterans’ Affairs. The amendment ensures that Mr Pearson continues to receive the remuneration and allowances to which he was entitled in his former role, rather than the lower rate applicable to the position of Director of the Australian War Memorial. This measure aligns with the government’s policy to maintain consistent remuneration levels for public service officers in leadership roles. The regulations are effective as of the date of Mr Pearson’s appointment, reflecting the intent that the change in remuneration was a condition of his appointment.
Key Provisions
The primary operative sections of the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1988, particularly regulation 2, provide that a person appointed to the office of Director of the Australian War Memorial who was immediately before the appointment an officer of the Australian Public Service with a classification of Senior Executive Level 5, will receive remuneration and expenses of office allowance at the rates applicable to an officer of the Australian Public Service having a classification of Senior Executive Level 5 (reg. 2). This regulation ensures that Mr Keith William Pearson, appointed as Director of the Australian War Memorial on 5 June 1987, continues to receive the remuneration he was entitled to as Deputy Secretary, Senior Executive Level 5, in the Department of Veterans' Affairs.
The Act imposes several obligations and requirements on the parties involved. Firstly, the Governor-General must make regulations under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 to prescribe remuneration and expenses of office allowance for officers appointed to statutory offices in a full-time capacity (s. 8). Secondly, the regulation requires that Mr Pearson, as Director of the Australian War Memorial, be paid remuneration and expenses of office allowance at the rates applicable to an officer of the Australian Public Service having a classification of Senior Executive Level 5 (reg. 2). This is to ensure consistency with the Government’s long-standing policy regarding remuneration for officers transitioning between different offices.
There are no explicit offences, penalties, or civil/criminal consequences stated within the regulation itself for breaches of the remuneration and allowance provisions. However, any non-compliance with the regulations may lead to administrative actions or legal challenges regarding the appropriateness of the remuneration and allowances provided. The regulation does not specify any maximum penalties for breaches, but such breaches may result in financial implications for the Commonwealth or disputes between the Commonwealth and the affected officers.