Remuneration and Other Legislation Amendment Act 2011

Overview

The Remuneration and Other Legislation Amendment Act 2011 was enacted to amend the law relating to the remuneration of certain Australian Public Service offices and Members of Parliament, and for related purposes. The Act was assented to on 25 July 2011 by the Parliament of Australia. The principal objective of this Act is to streamline the processes and responsibilities related to the remuneration of public service officials and Members of Parliament by making specific amendments to existing legislation. This includes adjusting the functions and powers of the Remuneration Tribunal in relation to the classification and remuneration of Departmental Secretaries, and clarifying the remuneration framework for Members of Parliament. The Act also provides for transitional provisions to ensure continuity in remuneration determinations during the legislative changes.

Scope and Application

The Remuneration and Other Legislation Amendment Act 2011 amends the law relating to the remuneration of certain Australian Public Service offices and Members of Parliament, and for related purposes. The Act applies to the Australian Public Service and specifically to Departmental Secretaries, the Public Service Commissioner, the Merit Protection Commissioner, Heads of Executive Agencies, and Members of Parliament. It sets out the remuneration and other terms and conditions of appointment for these offices. The Act extends to the Commonwealth of Australia and its territories and has been assented to by the Governor-General on 25 July 2011, with various provisions commencing on different dates as specified in the Act. There are no specific exclusions or thresholds mentioned in the text, and the Act extends its application through subordinate instruments, such as regulations made under the Remuneration Tribunal Act 1973, which continue to have effect after the commencement of this Schedule.

Key Provisions

• The Remuneration and Other Legislation Amendment Act 2011 (C2011A00075) primarily amends the law concerning the remuneration of certain Australian Public Service (APS) offices and Members of Parliament (MPs). The Act includes significant changes to the Remuneration Tribunal Act 1973, Public Service Act 1999, Parliamentary Contributory Superannuation Act 1948, Parliamentary Superannuation Act 2004, and Remuneration and Allowances Act 1990. The Remuneration Tribunal Act 1973 (sections 13 to 17) is amended to introduce a new Division 4, which specifically addresses the remuneration and terms for Departmental Secretaries. The Tribunal is tasked with determining a classification structure for these offices (section 13), setting the remuneration for the Secretary of the Department administered by the Prime Minister and the Secretary of the Department administered by the Treasurer (section 14), and assigning remuneration for other Departmental Secretaries (section 14(3)). Additionally, the Tribunal must determine other terms and conditions for these offices (section 15) and ensure these determinations are published (section 16).
• The Public Service Act 1999 is amended to align the remuneration and terms of office for the Public Service Commissioner, Merit Protection Commissioner, Secretaries, and Heads of Executive Agencies with the new provisions in the Remuneration Tribunal Act 1973. The Act ensures that remuneration and other terms for these officials are determined by the Remuneration Tribunal (sections 46, 53, 61, and 68). Transitional provisions ensure that existing remuneration determinations remain in effect until new determinations are made under the amended Remuneration Tribunal Act 1973 (sections 12 to 15). The Parliamentary Contributory Superannuation Act 1948 and Parliamentary Superannuation Act 2004 are amended to redefine 'parliamentary allowance' and disregard certain salary sacrifices in calculating allowances (subsections 4(1)(c), 18(12), 21B(3B), 22T(1A), and section 3). The Remuneration and Allowances Act 1990 is also amended to redefine 'parliamentary allowance' and to remove salary sacrifice provisions (subsections 3(2), 6, and clause 1A of Schedule 3).
• The Act imposes various obligations on the Remuneration Tribunal, the Secretary of the Department administered by the Prime Minister, and other relevant officials to determine and assign remuneration and terms of office for Departmental Secretaries and other public service officials. It also mandates that determinations made by the Tribunal are to be published within 14 days (section 16). Failure to comply with these requirements could lead to legal challenges regarding the validity of remuneration determinations and terms of office. The Act also includes provisions for the continuation of existing remuneration determinations until new determinations are made under the amended Remuneration Tribunal Act 1973 (sections 12 to 15). The maximum penalties for breaches of these provisions are not explicitly stated in the Act but could potentially include judicial review and other legal remedies for non-compliance.

Legal classification tags

Area of Law

Public Sector Law

Remuneration & Compensation

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Licensing & Registration

Enforcement Powers

Regulatory Standards