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.
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations, 1990, issued by the Minister for Industrial Relations under the authority of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, address the need for standardised and fair remuneration for statutory officers who transition from other roles within the public service or other public entities. The Act aims to ensure that these officers receive appropriate compensation aligned with their new positions, particularly when moving into significant roles such as that of the Director of the Australian War Memorial. This regulation specifically amends the existing provisions to align the remuneration for such officers with the rates set for Senior Executive Service Level 5 Officers, reflecting decisions made by the Australian Industrial Relations Commission. The overarching policy objective is to maintain equitable and competitive pay structures that attract and retain qualified personnel in critical public service roles.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations 1990, made under the authority of the Minister for Industrial Relations, pertain to individuals appointed to statutory offices in a full-time capacity who were previously holding another statutory office or serving as an officer of the Australian Public Service or a public body corporate. Specifically, the regulations apply to those officers who have transitioned from the classification of Senior Executive Service Level 5 in the Australian Public Service to the role of Director of the Australian War Memorial. The remuneration and expenses of office allowance for these officers are set at the maximum available for translation to Band 3 for an SES Level 5 Officer, as determined by the Australian Industrial Relations Commission decision dated 22 December 1989. The application of these regulations is governed by the provisions of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, and any amendments or further specifications are made through subordinate instruments as permitted by the Act. The regulations apply nationally, ensuring uniformity in the treatment of remuneration and allowances across various statutory offices and positions within the Australian Public Service and public bodies.
Key Provisions
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations, issued under the authority of the Minister for Industrial Relations, detail the remuneration and allowances for individuals appointed to statutory offices. Section 8(1) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 specifies that a person appointed to a full-time statutory office, who was previously a holder of another statutory office or an officer of the Australian Public Service, is entitled to remuneration and an expenses of office allowance as stipulated in the regulations. Regulation 3, which has been amended to substitute a new regulation, now specifies that if an officer is appointed as Director of the Australian War Memorial and was previously an officer in the Australian Public Service with the classification of Senior Executive Service Level 5, their remuneration and expenses of office allowance are set at the maximum available for translation to Band 3 for an SES Level 5 Officer, in accordance with the Australian Industrial Relations Commission decision of 22 December 1989.
The obligations imposed by these regulations on the relevant parties include ensuring that officers appointed to the Director of the Australian War Memorial position receive remuneration and allowances that align with the prescribed rates for SES Level 5 Officers. The regulations mandate that the remuneration and expenses of office allowance for such officers be calculated based on the maximum available for translation to Band 3, as decided by the Australian Industrial Relations Commission. This ensures consistency and fairness in the compensation provided to officers transitioning from the Australian Public Service to the role of Director at the Australian War Memorial.
Failure to comply with the provisions outlined in these regulations may lead to legal consequences. While the specific offences, penalties, and consequences are not detailed in the provided excerpt, breaches of regulations typically result in administrative or legal actions. For instance, officers not receiving the correct remuneration and allowances could lead to disputes, potentially culminating in court proceedings. Additionally, the Minister for Industrial Relations has the authority to enforce these regulations, which could include fines or other sanctions for non-compliance. The exact penalties would depend on the specific breach and the applicable laws governing such regulatory compliance issues.