Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1996 No. 109
EXPLANATORY STATEMENT
Statutory Rules 1996 No. 109
Issued by the Authority of the Minister for Industrial Relations
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment)
Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act) provides that the Governor-General may make regulations for the purposes of section 8 of the Act.
Subsection 8(1) of the Act inter alia 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 Service) the person shall, if the regulations so provide, be paid during the period of the appointment to the first mentioned office, in lieu of the remuneration payable in respect of that office, remuneration at such rate as is specified in the regulations.
It is necessary to amend the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations). The amending regulation is required to enable an unattached officer of the Service to be paid remuneration while he occupies the office of Director of the Australian Institute of Health and Welfare at the rate equal to the remuneration that the officer would have received had he continued to occupy the office of Senior Executive Band 3 in the Service.
The officer was appointed Director of the Australian Institute of Health and Welfare from 8 January 1996 for a period of 5 years. Prior to this appointment the officer was Deputy Chief Statistician, Senior Executive Band 3, receiving a salary of $115,980 per annum.
Salary and supplementary remuneration for the office of Director of the Australian Institute of Health and Welfare are set out in Remuneration Tribunal Determination No. 19 of 1994, as amended by Remuneration Tribunal Determinations Nos. 11 and 19 of 1995. The rates are $102,159 salary and $7,500 supplementary remuneration.
Subregulation 3.1 provides for the officer appointed to hold the office of Director of the Australian Institute of Health and Welfare to continue to be paid salary at the level he would have been paid had he remained in his former office. Paragraph 3(2)(b) of the proposed Regulation provides for an increase of 1.6% effective from 7 March 1996 in accordance with the Continuous Improvement in the Australian Public Service Enterprise Agreement 1995-96 as it applies to all Senior Executive Service officers.
The Regulations commenced on 8 January 1996 and do not contravene section 48 of the Acts Interpretation Act 1901 as the retrospective application does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1996 No. 109 was enacted to amend the existing remuneration regulations for judicial and statutory officers. This amendment was necessitated by the appointment of an unattached officer of the Australian Public Service as the Director of the Australian Institute of Health and Welfare, a role that required a specific remuneration arrangement to ensure continuity and fairness in salary. The amendment was issued under the authority of the Minister for Industrial Relations and aligns with the policy objectives outlined in the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, which aims to provide equitable remuneration for statutory officers. The Regulations were designed to address the specific needs of this transition, ensuring the officer receives remuneration equivalent to their previous position within the Australian Public Service.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1996 No. 109 applies to an unattached officer of the Australian Public Service who has been appointed to a statutory office, specifically in this instance, the office of Director of the Australian Institute of Health and Welfare. The regulations are designed to ensure that the remuneration of such officers remains consistent with what they would have received had they remained in their previous positions within the Australian Public Service. This regulation is made under the authority provided by Subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 and is intended to amend the existing Judicial and Statutory Officers (Remuneration and Allowances) Regulations to reflect the specific circumstances of the officer in question. The amendment specifies that the officer, previously earning a salary of $115,980 per annum as Deputy Chief Statistician, Senior Executive Band 3, will now receive remuneration equivalent to this amount while serving as Director of the Australian Institute of Health and Welfare. This regulation has a Commonwealth jurisdiction and applies specifically to the remuneration arrangements for statutory officers transitioning from the Australian Public Service to other public sector roles.
Key Provisions
The main operative sections of the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1996 No. 109, under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, pertain to the remuneration of officers transitioning from the Australian Public Service (APS) to a statutory office. Specifically, section 3(1) of the Regulation mandates that an unattached officer of the APS, who is appointed to a full-time statutory office, such as the Director of the Australian Institute of Health and Welfare, be paid remuneration at a rate equivalent to what they would have earned had they remained in their former APS role. This is explicitly stated in section 8(1) of the Act. This amendment is crucial for ensuring continuity in the remuneration of the officer, who in this case was previously a Deputy Chief Statistician, Senior Executive Band 3, with an annual salary of $115,980.
The Act imposes certain obligations on the parties it governs. Primarily, it requires that the remuneration of officers transitioning from the APS to a statutory office be calculated based on the salary they would have earned in their former APS role. This obligation is articulated in section 8(1) of the Act and section 3(1) of the Regulations. Furthermore, the Regulations must be consistent with the Remuneration Tribunal Determinations and any applicable enterprise agreements, such as the Continuous Improvement in the Australian Public Service Enterprise Agreement 1995-96, which stipulates a 1.6% increase in remuneration effective from 7 March 1996. This ensures that any changes in remuneration are in line with broader public service agreements and are applied uniformly.
In terms of consequences for non-compliance, the Regulations do not explicitly state penalties or offences for breaches. However, non-compliance with the Act and Regulations could potentially lead to legal disputes regarding the correct remuneration owed to the officer. Given the nature of the Act, breaches might result in administrative reviews or legal action to rectify any discrepancies in remuneration. While the text does not provide maximum penalties, it is implicit that adherence to the Regulations is necessary to avoid such disputes and ensure the correct application of remuneration laws.