Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1995 No. 254
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 254
Issued by the Authority of the Minister for Industrial Relations
Judicial and Statutory Officers (Remuneration and Allowances) Act 1964
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, as far as it is relevant, 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 person shall, if the regulations 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 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 Australian Public Service (the Service) to be paid remuneration at the rates applicable to the basic rate for the office of Secretary while he occupies the office of Australian Electoral Commissioner.
The officer was appointed as Australian Electoral Commissioner on 16 January 1995, for a period of 5 years. Prior to this appointment, he was an unattached officer who immediately before becoming unattached held the office of Secretary of the then Department of Aboriginal Affairs. From March 1990 until December 1991 he was the Chief Executive Officer of the Aboriginal and Torres Strait Islanders Commission. From then until his appointment to the Australian Electoral Commission, the officer performed the duties of Chief Executive of the Office of Northern Development. Since leaving the Department of Aboriginal Affairs, until his appointment as Australian Electoral Commissioner, his salary was maintained, either by virtue of holding the office of CEO of ATSIC (the remuneration for this office is determined by the Remuneration Tribunal which has set the rate at the same level as that of the basic rate for the office of Secretary) or by a determination made under the Public Service Act 1922.
Subregulation 2.1 omits regulation 2 which was no longer required (as the former holder of the office of Australian Statistician was no longer an officer of the Service). Regulation 2 now provides rates of remuneration, with reference to the relevant Remuneration Tribunal determination, for the current Australian Electoral Commissioner who was, immediately before the appointment an unattached officer of the Australian Public Service. Paragraphs 2(c) and 2(d) provide for two separate rates of remuneration, the first from the date of his appointment in January 1995 and the second to take account of a Remuneration Tribunal determination increasing the rate of remuneration of the basic rate for the office of Secretary, from March 1995.
Subregulation 3.1 omits regulation 3, which was also no longer required as the former holder of the office of the Director, Australian War Memorial was no longer an officer of the Service.
The Regulations commenced on the date of Gazettal.
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1995 No. 254 were enacted to address a specific remuneration issue for a statutory officer who was previously an unattached officer of the Australian Public Service. The Act that these regulations amend is the Judicial and Statutory Officers (Remuneration and Allowances) Act 1964. This legislation was introduced to rectify a gap in the existing regulations to ensure that the remuneration of certain officers is correctly aligned with their previous or comparable roles within the public service. The policy objective is to maintain equitable remuneration for officers transitioning between significant roles within the public sector. The amendments were issued under the authority of the Minister for Industrial Relations to ensure the regulations are up-to-date and accurately reflect the current remuneration standards.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1995 No. 254 applies to unattached officers of the Australian Public Service who are appointed to statutory offices, specifically in this case, to the office of the Australian Electoral Commissioner. This regulation is a direct amendment to the existing Judicial and Statutory Officers (Remuneration and Allowances) Regulations, providing that an officer who was previously an unattached officer of the Australian Public Service can be paid remuneration at the rates applicable to the basic rate for the office of Secretary while occupying the office of Australian Electoral Commissioner. The amendment is necessitated by the appointment of an officer who previously held the office of Secretary of the Department of Aboriginal Affairs and was subsequently unattached, maintaining his salary either by virtue of holding another senior position or by a determination made under the Public Service Act 1922. The regulation came into effect on the date of its Gazette publication, thereby altering the remuneration rates applicable to the Australian Electoral Commissioner as per the Remuneration Tribunal determinations.
Key Provisions
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1995 No. 254 amends the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations) under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1964 (the Act). The primary purpose of this amendment is to adjust the remuneration rates for the Australian Electoral Commissioner, who was previously an unattached officer of the Australian Public Service. According to subsection 8(1) of the Act, the person appointed to hold a statutory office in a full-time capacity, who was an officer of the Australian Public Service immediately before the appointment, can be paid remuneration at a specified rate if the regulations so provide. In this instance, the amendment allows the Australian Electoral Commissioner to be paid remuneration at the rates applicable to the basic rate for the office of Secretary.
The Regulations were amended to reflect these changes. Specifically, subregulation 2.1 omits the previous regulation 2, which was no longer required as the former holder of the office of the Australian Statistician was no longer an officer of the Service. The new regulation 2 now provides for the remuneration rates for the current Australian Electoral Commissioner, with reference to the relevant Remuneration Tribunal determination. Paragraphs 2(c) and 2(d) set out two separate rates of remuneration: the first effective from the date of his appointment in January 1995, and the second to account for a Remuneration Tribunal determination increasing the rate of remuneration of the basic rate for the office of Secretary, effective from March 1995.
Under the amended Regulations, the Australian Electoral Commissioner is entitled to remuneration at the specified rates, ensuring consistency with the remuneration of the basic rate for the office of Secretary. This adjustment is necessary to align the remuneration of the Commissioner with the rates determined by the Remuneration Tribunal. Additionally, subregulation 3.1 omits regulation 3, which was no longer required as the former holder of the office of the Director, Australian War Memorial was no longer an officer of the Service. The Regulations commenced on the date of Gazettal, thereby taking immediate effect.
Regarding the obligations imposed by these Regulations, they require the Australian Electoral Commissioner to be paid remuneration at the rates specified. This ensures that the Commissioner’s remuneration is consistent with the rates applicable to the basic rate for the office of Secretary, as determined by the Remuneration Tribunal. Any failure to comply with these remuneration rates could lead to discrepancies in pay, which might be subject to legal scrutiny or dispute. Additionally, the Regulations require the Commissioner to maintain the integrity and transparency of the remuneration process, ensuring that the payments are in line with the statutory provisions and Remuneration Tribunal determinations.
In terms of offences, penalties, or consequences for breach, the Regulations themselves do not specify explicit penalties for non-compliance. However, breaches of statutory provisions under the Act or any failure to comply with the Remuneration Tribunal determinations could lead to legal actions or disputes. If an individual or entity fails to adhere to the specified remuneration rates, it could result in disputes over pay, potential litigation, or administrative penalties. The exact nature and extent of penalties would depend on the specific circumstances and the legal frameworks governing such breaches.