EXPLANATORY STATEMENT
RACE DISCRIMINATION COMMISSIONER (ALLOWANCES) REGULATIONS
STATUTORY RULE 1987 NO. 265
Issued by the Authority of the Attorney-General.
Section 47 of the Racial Discrimination Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 31(1) of the Act provides that the Commissioner is to be paid such remuneration as is determined by the Remuneration Tribunal. Subsection 31(2) provides that the Commissioner shall be paid such allowances as are prescribed. The provisions of subsection 31(3) state that subsections 31(1) and 31(2) have effect subject to the Remuneration Tribunals Act 1973-1974.
The remuneration and travelling allowance payable to the Commissioner are covered by Determinations made by the Remuneration Tribunal from time to time.
The proposed Race Discrimination Commissioner (Allowances) Regulations seek to provide for the payment of other allowances at the rate payable to an officer of the Australian Public Service.
Overview
The Race Discrimination Commissioner (Allowances) Regulations 1987 were enacted to address the need for a comprehensive framework governing the allowances payable to the Race Discrimination Commissioner, as stipulated under the Racial Discrimination Act 1975. This statutory rule, issued under the authority of the Attorney-General, aims to ensure that the allowances provided to the Commissioner are consistent with those granted to officers of the Australian Public Service. The regulation was necessitated by the requirement under Section 47 of the Act for the Governor-General to make regulations that are not inconsistent with the Act and necessary for its effective implementation. The policy objective is to maintain parity in allowances to ensure that the Commissioner's remuneration is fair and reflective of the responsibilities and demands of the role.
The enacting body responsible for these regulations is the Governor-General, acting in accordance with the provisions of the Racial Discrimination Act 1975. The regulations were designed to work in tandem with the Remuneration Tribunals Act 1973-1974, ensuring that the allowances are determined by the Remuneration Tribunal and subject to its oversight. By aligning the allowances with those of the Australian Public Service, the regulations aim to uphold the integrity and impartiality of the Race Discrimination Commissioner's role, thereby supporting the broader objectives of the Racial Discrimination Act in combating racial discrimination and promoting racial harmony.
Scope and Application
The Race Discrimination Commissioner (Allowances) Regulations pertain to the allowances payable to the Race Discrimination Commissioner under the Racial Discrimination Act 1975. These regulations are necessary to provide clarity and detail regarding the allowances that are to be paid to the Commissioner, ensuring that they are consistent with the broader framework established by the Act. The allowances outlined in these regulations are to be paid at the rate applicable to an officer of the Australian Public Service, thus aligning with the standard compensation practices for federal public service officers. The application of these regulations is confined to the individual holding the office of the Race Discrimination Commissioner and does not extend to any other persons or entities. As a statutory rule issued under the authority of the Attorney-General, these regulations are designed to operationalise the provisions of the Racial Discrimination Act by detailing the allowances for the Commissioner, subject to the overarching framework and any determinations made by the Remuneration Tribunal in accordance with the Remuneration Tribunals Act 1973-1974.
Key Provisions
The Race Discrimination Commissioner (Allowances) Regulations, made under section 47 of the Racial Discrimination Act 1975, establish the framework for the allowances that the Race Discrimination Commissioner is entitled to receive. These allowances are in addition to the remuneration determined by the Remuneration Tribunal under section 31(1) of the Act and the allowances prescribed under section 31(2). The regulations aim to ensure that the Commissioner's allowances are aligned with those of an officer of the Australian Public Service, as per the provisions of the Remuneration Tribunals Act 1973-1974.
These regulations impose obligations on the parties involved, primarily the Commonwealth, to ensure that the Commissioner receives the allowances prescribed by these regulations. The Commonwealth is responsible for paying the Commissioner the allowances as stipulated. Furthermore, the Remuneration Tribunal, under the Remuneration Tribunals Act 1973-1974, has the authority to determine the rates at which these allowances are paid, ensuring they are consistent with those applicable to Australian Public Service officers.
Failure to comply with the provisions of these regulations may result in various civil or administrative consequences. However, the specific penalties or consequences for non-compliance are not detailed within the explanatory statement of the Race Discrimination Commissioner (Allowances) Regulations. The regulations primarily focus on establishing the allowances framework rather than detailing the enforcement mechanisms or penalties for non-compliance. Nonetheless, it is implicit that adherence to these regulations is necessary to maintain the integrity of the allowances system for the Commissioner and to ensure equitable treatment in line with public service standards.