EXPLANATORY STATEMENT
Statutory Rules 1990 No 229
JUDICIAL AND STATUTORY OFFICERS
(REMUNERATION & ALLOWANCES) REGULATIONS
(Issued by the Authority of the Minister
for Industrial Relations)
Sub-section 8(1) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act) provides:
“8(1) Where a person appointed to hold a statutory office in a full-time capacity was, immediately before the appointment, the holder in a full-time capacity of another statutory office or an officer (including an unattached officer) of the Australian Public Service or an officer in the service of a body corporate established for a public purpose by or under an Act, the person shall, if the regulations so provide, be paid, during the period of the appointment (including any period of re-appointment) to the first-mentioned statutory office, in lieu of the remuneration and expenses of office allowance (if any) payable in respect of that office, remuneration at such rate and an expenses of office allowance at such rate (if any) as are specified in, or ascertained in accordance with, the regulations.”
Sub-section 8(3) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the section to be prescribed, or necessary and convenient to be prescribed for carrying out or giving effect to the section.
This regulation amends the existing regulation 3 and substitutes a new regulation 3 to provide that where an officer is appointed Director of the Australian War Memorial (immediately before that appointment having been an officer of the Australian Public Service having the classification of Senior Executive Service Level 5), the remuneration and expenses of office allowance payable in respect of that office are the maximum available on translation to Band 3 for an SES Level 5 Officer, consistent with the Australian Industrial Relations Commission decision of 22 December 1989.