Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 49
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 49
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)
Under subsection 8(3) of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 (the Act), the Governor-General may make regulations to give effect to section 8 of the Act.
Subsection 8(1) of the Act 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 (APS), the person must, if the regulations so provide, be paid during the period of the appointment to the first-mentioned office, in lieu of remuneration payable in respect of that office, remuneration at such rate as is specified in the regulations.
Regulations 2 and 3 of the Judicial and Statutory Officers (Remuneration and Allowances) Regulations (the Regulations) specify rates of remuneration for two office holders based on the rates of remuneration applying to their previous offices.
The proposed amendments to the Regulations maintain those levels of remuneration following changes in the rate of salary applying to the offices previously occupied by the two office holders.
Proposed Regulation 2 relates to a Commissioner at the Australian Electoral Commission and adjusts the rate of remuneration of the office holder to accord with that determined by the Remuneration Tribunal for Secretaries to Departments, with effect from the same date as the date of effect determined by the Tribunal for Secretaries.
Proposed subregulation 2.1 omits paragraphs (c) and (d) of Regulation 2 (which refer to earlier dates of effect) and substitutes periods commencing on 30 April 1996.
Proposed Regulation 3 relates to the Director of the Australian Institute of Health and Welfare and adjusts the rate of remuneration of the officer holder to accord with that applying to Senior Executive Service Band 3, with effect from the same date as the date of effect applying to that classification.
Proposed subregulation 3.1 omits paragraphs (c) and (d) of Regulation 2 (which refer to earlier dates of effect) and substitute periods commencing on 30 April 1996.
The regulations commence on the date of Gazettal.
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 49, issued under the authority of the Minister for Industrial Relations, amends the Judicial and Statutory Officers (Remuneration and Allowances) Regulations to update the remuneration rates of two specific office holders. This amendment is in response to changes in the rates of salary applying to the offices previously occupied by these individuals. The primary purpose of these regulations, as outlined in the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984, is to ensure that individuals appointed to statutory offices in a full-time capacity, who were previously officers of the Australian Public Service, receive appropriate remuneration during their tenure in the new roles. The policy objective is to maintain equitable remuneration levels reflective of the changes in their former offices' salary rates.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 49 amends the Judicial and Statutory Officers (Remuneration and Allowances) Regulations 1984, which are made under the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984. This Act applies to individuals who are appointed to statutory offices in a full-time capacity and were previously officers of the Australian Public Service. The regulations specify the remuneration these individuals should receive during their tenure in the statutory office, in lieu of the remuneration they would have received had they remained in their previous public service roles. The amendments update the rates of remuneration to reflect changes in the rates of salary applying to the offices previously occupied by the affected officers, ensuring that the remuneration is aligned with current conditions set by the Remuneration Tribunal and other relevant authorities. These regulations have a national reach, applying across Australia as they pertain to Commonwealth statutory officers. The amendments do not exclude any persons or entities from their application, nor do they provide for specific exemptions or thresholds within the scope of the current text.
Key Provisions
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 49, issued under the authority of the Minister for Industrial Relations, amend the existing Judicial and Statutory Officers (Remuneration and Allowances) Regulations. These amendments, detailed in regulations 2 and 3, specifically address the remuneration rates for two office holders based on the changes to the rates of salary applying to their previous offices. Regulation 2 pertains to a Commissioner at the Australian Electoral Commission, adjusting the remuneration to align with the rates determined by the Remuneration Tribunal for Secretaries to Departments. Regulation 3 pertains to the Director of the Australian Institute of Health and Welfare, aligning the remuneration with that applying to Senior Executive Service Band 3. Both regulations incorporate these adjustments with effect from 30 April 1996.
The obligations imposed by these amendments are primarily administrative, ensuring that the remuneration of the specified office holders is updated to reflect the changes in their previous office's salary rates. These changes necessitate that the new rates be implemented from a specific date, 30 April 1996, as determined by the respective tribunals or authorities. The regulations require that the specified rates be adhered to and paid accordingly, ensuring that the remuneration is consistent with the adjustments made to the salary rates of the previous offices.
In the event of non-compliance with these amendments, there are no specific offences, penalties, or civil/criminal consequences detailed within the explanatory statement. However, failure to adhere to the prescribed remuneration rates could potentially lead to legal disputes or administrative actions. It is crucial for the relevant authorities to ensure that the updated remuneration rates are correctly applied to avoid any discrepancies or legal challenges. The amendments, while primarily administrative, underscore the importance of precise and timely adjustments to remuneration to maintain fairness and consistency within the public service.