Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 310
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 310
(Issued by authority of the Minister for Workplace Relations and Small Business)
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment)
Subsection 8(3) of the Judicial mad Statutory Officers (Remuneration and Allowances) Act 1984 ('the Act') provides that the Governor-General may make regulations prescribing all matters permitted to be prescribed by subsections 9(1) and 8(2) of the Act (see further, below).
Subsection 8(1) of the Act provides that where a person appointed to hold a statutory office in EL full-time capacity was. immediately before the appointment. an officer (including an unattached officer) of the Australian Public Service the person must, if the regulations so provide. be paid during the period of the appointment to the office, in lieu of remuneration payable in respect of that office, remuneration at such rate as is specified in the regulations.
Regulations 2, 3 and 4 of the Judicial and Statutory Officers (Remuneration and Allowances) Regulation ('the regulations') previously specified rates of remuneration for the following three office-holders, based on the rates of remuneration applying to their previous offices:
* regulation 2 - the Australian Electoral Commissioner (previously remunerated at the rate of $132,600 per annum);
* regulation 3 - the Director of the Australian Institute of Health and Welfare (previously remunerated at the rate of $120,193 per annum), and
* regulation 4 - the Privacy Commissioner (previously remunerated at the rate of $152.490 per annum).
The rates of remuneration of the Australian Electoral Commissioner and of the Privacy Commissioner (regulations 2 and 4, respectively) are derived from rates of remuneration of Secretaries of Commonwealth Departments. Commencing 10 July 1997 the Remuneration Tribunal issued a Determination allowing for a 1.5 per cent increase in the rates of remuneration of Secretaries of Commonwealth Departments. It was thus necessary to adjust the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner to maintain parity.
The remuneration of the third office-holder - the Director of the Australian Institute of Health add Welfare - is not derived from the rate of remuneration of Departmental secretaries. It is instead derived from the rate of remuneration of Australian Public Service SES Band 3 officers. That rate has not changed and hence the irate of remuneration of the Director did not need to be changed. However, regulation 3 has been slightly amended to ensure that the wording of that regulation is similar to the new wording of regulations 2 and 4.
Regulation 2 has been amended to adjust the remuneration of the Australian Electoral Commissioner from $132,600 per annum to $134,589 per annum (a 1.5% increase). The adjustment will take effect from 10 July 1997, the date from which the remuneration of Departmental Secretaries wage increased by 1.5%.
Regulation 4 has been amended to adjust the remuneration of the Privacy Commissioner from $152,490 per annum to $154,777 per annum (also a 1.5% increase). The adjustment will also take effect from 10 July 1997.
The remuneration of the Director of the Australian Institute of Health and Welfare - contained in regulation 3 - has been maintained a $120,193 per annum. However, the regulation has been amended to ensure that its wording aligns with that in regulations 2 and 4 as amended. There has been no change of any substance. The regulation now provides that the Director's remuneration shall take effect from 17 October 1996, the date of the last adjustment to the Director's salary.
The regulations making these amendments are taken to have commenced on 10 July 1997.
The retrospective operation of the amendments does not breach section 48 of the Acts Interpretation Act 1901 as it does not affect the rights of a person to that person's disadvantage, or impose a liability on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of notification.
Overview
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 310, issued under the authority of the Minister for Workplace Relations and Small Business, amends the Judicial and Statutory Officers (Remuneration and Allowances) Regulations 1990. This amendment is necessitated by the Remuneration Tribunal's Determination of 10 July 1997, which allowed for a 1.5% increase in the rates of remuneration of Secretaries of Commonwealth Departments. This adjustment required corresponding changes to the remuneration of the Australian Electoral Commissioner and the Privacy Commissioner to ensure parity. The remuneration of the Director of the Australian Institute of Health and Welfare, which is not linked to the rates of Departmental Secretaries, remained unchanged but the regulation was amended to harmonise its wording with the other amended regulations. These amendments are intended to ensure consistency and fairness in the remuneration of these statutory office-holders in line with the changes in the remuneration of relevant public service officers.
Scope and Application
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 310 applies to individuals who hold statutory offices in a full-time capacity and were previously officers of the Australian Public Service. Specifically, it affects the remuneration of the Australian Electoral Commissioner, the Director of the Australian Institute of Health and Welfare, and the Privacy Commissioner. The regulations amend the remuneration rates for the Australian Electoral Commissioner and the Privacy Commissioner to align with a 1.5% increase in the rates of remuneration for Secretaries of Commonwealth Departments, effective from 10 July 1997. The remuneration for the Director of the Australian Institute of Health and Welfare remains unchanged, although the regulation wording has been updated to align with the new wording of regulations 2 and 4. These amendments are made under the authority of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 and are issued by the Minister for Workplace Relations and Small Business. The regulations do not affect the substantive rights of individuals and comply with section 48 of the Acts Interpretation Act 1901.
Key Provisions
The Judicial and Statutory Officers (Remuneration and Allowances) Regulations (Amendment) 1997 No. 310 (the "Regulations") amends the Judicial and Statutory Officers (Remuneration and Allowances) Regulations 1996 (the "Principal Regulations"). The Regulations make amendments to the rates of remuneration for the Australian Electoral Commissioner, the Director of the Australian Institute of Health and Welfare, and the Privacy Commissioner. These amendments are necessary to ensure parity with the remuneration of Departmental Secretaries and Australian Public Service SES Band 3 officers, following recent changes to their rates of remuneration. Regulation 2 of the Regulations increases the remuneration of the Australian Electoral Commissioner from $132,600 per annum to $134,589 per annum, effective from 10 July 1997. Regulation 4 increases the remuneration of the Privacy Commissioner from $152,490 per annum to $154,777 per annum, also effective from 10 July 1997. Regulation 3, which concerns the Director of the Australian Institute of Health and Welfare, remains unchanged in substance, but is amended to align its wording with that of regulations 2 and 4.
The Regulations impose obligations on the Commonwealth to ensure that the remuneration of the specified office-holders is set at the rates specified in the Regulations. This includes ensuring that the Australian Electoral Commissioner, the Director of the Australian Institute of Health and Welfare, and the Privacy Commissioner are paid the amended rates of remuneration from the effective dates specified in the Regulations. The Regulations also impose an obligation on the office-holders themselves to accept the remuneration as specified in the Regulations.
There are no offences, penalties, or civil/criminal consequences for breach of the Regulations. However, the retrospective operation of the amendments does not breach section 48 of the Acts Interpretation Act 1901 as it does not affect the rights of a person to that person's disadvantage, or impose a liability on a person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of notification. The Regulations are taken to have commenced on 10 July 1997.