EXPLANATORY STATEMENT
Statutory Rules 1982 No. 319
Subject: REGULATIONS - LAW REFORM COMMISSION ACT 1973
Sub-section 16(1) of the Law Reform Commission Act 1973 provides that a member of the Law Reform Commission, other than the holder of a judicial office, is to be paid such remuneration as is determined by the Remuneration Tribunal. Sub-section 16(2) provides that members shall be paid such allowances as are prescribed. The provisions of sub-section 16(3) state that sub-sections 16(1) and 16(2) have effect subject to the Remuneration Tribunals Act 1973.
The remuneration and travelling allowance payable to members of the Law Reform Commission is covered by Determinations made by the Remuneration Tribunal from time to time.
Allowances have previously been prescribed by Statutory Rules 1979 No. 168 under sub-section 16(2) of the Act to provide persons appointed as full-time members of the Commission with the same allowances as those payable to persons appointed as officers in the Australian Public Service in respect of the following:
(i) allowances payable in relation to moving residence as a result of an appointment to the Commission;
(ii) an allowance payable in relation to the use of private motor vehicles for official purposes.
Overview
The Law Reform Commission Act 1973 was enacted to facilitate the review and reform of Australian laws through the establishment of the Law Reform Commission. This Act aimed to address the need for systematic and ongoing law reform in Australia, ensuring that the legal system evolves to meet contemporary societal needs. The Act empowers the Commission to conduct comprehensive reviews of various areas of law, propose reforms, and provide advice to the government. The remuneration and allowances for non-judicial members of the Commission, as well as specific allowances for full-time members, are determined by the Remuneration Tribunal under the provisions of the Remuneration Tribunals Act 1973. These statutory rules, such as Statutory Rules 1982 No. 319, outline the allowances prescribed to ensure that the members of the Commission are adequately compensated for their services, including moving allowances and allowances for the use of private motor vehicles for official purposes. The policy objective is to enable the Commission to function effectively without financial disincentives for its members.
Scope and Application
The Law Reform Commission Act 1973, as supplemented by Statutory Rules 1982 No. 319, sets out the remuneration and allowances for members of the Law Reform Commission, excluding those holding a judicial office. These members' remuneration is determined by the Remuneration Tribunal under sub-section 16(1), with allowances prescribed under sub-section 16(2) and subject to the Remuneration Tribunals Act 1973 as outlined in sub-section 16(3). The Tribunal issues determinations governing the remuneration and allowances, ensuring they align with those provided to officers in the Australian Public Service. Previously, Statutory Rules 1979 No. 168 specified allowances for full-time members, including moving allowances and vehicle allowances for official use, mirroring the provisions available to public service officers. This legislative framework ensures that members of the Law Reform Commission receive equitable compensation for their service, consistent with public sector standards.
Key Provisions
The Law Reform Commission Act 1973 (section 16) outlines the remuneration and allowances for members of the Law Reform Commission. Section 16(1) stipulates that members of the Commission, excluding those holding judicial offices, are to receive remuneration as determined by the Remuneration Tribunal. This ensures that the compensation is reviewed and set at a level deemed appropriate by an independent body. Section 16(2) further states that these members are also entitled to allowances as prescribed by the Act, which historically have mirrored those provided to Australian Public Service officers. These allowances were prescribed by Statutory Rules 1979 No. 168 and include moving allowances for relocation due to appointment and allowances for the use of private motor vehicles for official purposes.
The obligations imposed by the Act on the parties it governs are primarily financial. Members of the Law Reform Commission are entitled to specific remuneration and allowances, which are determined and prescribed by statutory instruments. The Remuneration Tribunal plays a crucial role in setting the remuneration, ensuring it is fair and consistent with other public service roles. Additionally, the prescribed allowances aim to compensate members for specific expenses related to their duties, such as relocation and the use of personal vehicles for official business.
Breach of the provisions outlined in the Act could potentially lead to legal consequences, although specific offences and penalties are not detailed within the Act itself. The primary consequences would likely stem from non-compliance with the determinations made by the Remuneration Tribunal, which could be subject to review and enforcement through administrative or judicial processes. However, the Act makes clear that the provisions are subject to the Remuneration Tribunals Act 1973, implying that any disputes or issues regarding remuneration and allowances would be addressed under that specific legislation. The maximum penalties or specific civil or criminal consequences for non-compliance are not explicitly stated in the provided text but would be governed by relevant laws pertaining to the Remuneration Tribunals Act 1973.