Remuneration Tribunal Amendment Determination (No. 1) 2021

Administered by Department of the Prime Minister and Cabinet

Legislation au F2021L00377 Not in force Legislative Instrument

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Explanatory Statement: Remuneration Tribunal Amendment Determination (No. 1) 2021


  1. The Remuneration Tribunal Act 1973 (the Act) establishes the Remuneration Tribunal (the Tribunal) as an independent statutory authority responsible for reporting on and determining the remuneration, allowances and entitlements of key Commonwealth office holders. These include Judges of Federal Courts and most full-time and part-time holders of public offices, including Specified Statutory Offices. An additional function of the Tribunal is to determine a classification structure for Principal Executive Offices and the terms and conditions applicable to each classification within the structure.

Consultation

2.       Section 11 of the Act advises that in the performance of its functions the Tribunal:

  • may inform itself in such manner as it thinks fit;
  • may receive written or oral statements;
  • is not required to conduct any proceeding in a formal manner; and
  • is not bound by the rules of evidence.
  1. The Tribunal normally receives submissions on remuneration from a portfolio minister, or a secretary, program manager or employing body (in respect of a Principal Executive Office) with responsibility for the relevant office(s). The Tribunal will normally seek the views of the relevant portfolio minister prior to determining remuneration for an office.
  2. The Tribunal may reach a decision based on the information provided in the submission and other publicly available information such as portfolio budget statements, annual reports, corporate plans, legislation and media releases. On occasion it may wish to meet with relevant parties or seek further information from the relevant minister or person making the submission.
  3. Amongst other relevant matters in deliberating on appropriate remuneration for an office the Tribunal informs itself on:
    • the main functions, responsibilities and accountabilities of the office;
    • the organisational structure, budget and workforce;
    • the requisite characteristics, skills or qualifications required of the office holder(s); and
    • the remuneration of similar, comparator, offices within its jurisdiction.

Australian Industrial Chemicals Introduction Scheme, Executive Director

6.       On 27 July 2020 the Department of Health advised that effective from 1 July 2020 the position of Director of the National Industrial Chemicals and Notification Assessment Scheme changed to the Executive Director of the Australian Industrial Chemicals Introduction Scheme.

Aboriginal Hostels Limited, Chief Executive Officer

7.       There was no consultation in this matter.  The amendments remove accommodation and reunion assistance travel for Mr David Chalmers, Chief Executive Office, Aboriginal Hostels Limited. The period of assistance set by the Tribunal expired on 9 March 2021.

Inspector-General of Intelligence and Security

8.       On 16 December 2020 the Attorney-General, the Hon Christian Porter MP wrote to the Tribunal seeking accommodation and reunion fares assistance for Dr Christopher Jessop QC, the new Inspector-General of Intelligence and Security.   The submission provided information on Dr Jessops circumstances, consistent with the Tribunals Relocation Assistance Guidelines. 

Australian Medical Research Advisory Board

9.        On 19 January 2021, the Hon Greg Hunt MP, Minister for Health and Aged Care, wrote to the Tribunal seeking a review of remuneration for the part-time office of Chair of the Australian Medical Research Advisory Board and determination of remuneration for the new role of Deputy Chair of the Australian Medical Research Advisory Board. The submission provided updated information on the Australian Medical Research Advisory Board, noting an increase in work volume and time commitment.  

Retrospectivity

10.  Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003 as it does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that persons disadvantage, nor does it impose any liability on such a person.

The power to repeal, rescind and revoke, amend and vary

11.  Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Details of the determination are as follows:

12.  Section 1 specifies the name of the instrument.

13.  Section 2 specifies when the instrument commences.

14.  Section 3 specifies the authority for the instrument.

15.  Section 4 outlines the effect of instruments specified in a Schedule to the instrument.

16.  Schedule 1 sets out the amendments made to the instruments specified in Schedule 1.

SCHEDULE 1AMENDMENTS

Part 1Main amendments

Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2020

17.  Item 1 repeals the definition of a table of application and transitional provisions in section 24.

18.  Item 2 repeals the reference to special provisions for the Director-General, Office of the Special-Investigator and replaces it with a new reference to Table 6A.

19.  Item 3 repeals the reference to special provisions for the Chief Executive Officer, Australian Skills Quality Authority and replaces it with a new reference to Table 6A.

20.  Item 4 repeals the reference to special provisions for the Chief Executive Officer, Australian Radioactive Waste Agency and replaces it with a new reference to Table 6A.

21.  Item 5 renames the “Director, National Industrial Chemicals Notification and Assessment Scheme” to “Executive Director, Australian Industrial Chemicals Introduction Scheme”.

22.  Item 6 removes accommodation assistance for Mr David Chalmers, Chief Executive Officer, Aboriginal Hostels Limited.

23.  Item 7 sets accommodation assistance for Dr Christopher Jessop QC, Inspector General of Intelligence and Security.

24.  Item 8 sets reunion travel assistance for Dr Christopher Jessop QC, Inspector General of Intelligence and Security.

25.  Item 9 removes reunion travel assistance for Mr David Chalmers, Chief Executive Officer, Aboriginal Hostels Limited.

26.  Item 10 sets the application and transitional provisions for items 2, 3 and 4.

27.  Item 11 repeals a section of application and transitional provisions.

 

Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020

28.  Item 12 repeals the definition of a table of application and transitional provisions in section 49.

29.  Item 13 sets annual fees for the Chair and Deputy Chair of the Australian Medical Research Advisory Board.

30.  Item 14 repeals the reference to special provisions for the Australian Sports Drug Medical Advisory Committee and replaces it with a new reference to Table 8A.

31.  Item 15 repeals the reference to special provisions for the Independent Reviewer appointed under the Food and Grocery Code of Conduct and replaces it with a new reference to Table 8A.

32.  Item 16 removes the reference to daily fees for the Chair of the Australian Medical Research Advisory Board.

33.  Item 17 repeals the reference to special provisions for the National Vocational Education and Training Regulator Advisory Council and replaces it with a new reference to Table 8A.

34.  Item 18 sets the application and transitional provisions for items 14, 15 and 17.

35.  Item 19 repeals a section of application and transitional provisions.

Authority: subsections 7(3) and (4) Remuneration Tribunal Act 1973

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Remuneration Tribunal Amendment Determination (No. 2) 2020

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

This determination amends principal determinations:

  • Remuneration Tribunal (Remuneration and Allowances for Holders of Full-Time Public Office) Determination 2020;and
  • Remuneration Tribunal (Remuneration and Allowances for Holders of Part-Time Public Office) Determination 2020.

The determination:

  • combines separate tables of application and transitional provisions into a single table.
  • renames the “Director, National Industrial Chemicals Notification and Assessment Scheme” to “Executive Director, Australian Industrial Chemicals Introduction Scheme”.
  • removes accommodation assistance and reunion travel assistance for Mr David Chalmers, Chief Executive Officer of Aboriginal Hostels Limited.
  • sets accommodation assistance and reunion travel assistance for Dr Christopher Jessop QC, Inspector General of Intelligence and Security.
  • removes daily fees for the Chair of the Australian Medical Research Advisory Board and sets annual fees for the Chair and the new office of Deputy Chair.
  • The instrument maintains the principle of fair, and current, remuneration for work performed.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Remuneration Tribunal

Overview

The Remuneration Tribunal Amendment Determination (No. 1) 2021 was enacted to address various amendments to the remuneration and allowances for holders of full-time and part-time public offices as determined by the Remuneration Tribunal under the Remuneration Tribunal Act 1973. The Act establishes the Remuneration Tribunal as an independent statutory authority that determines the remuneration, allowances and entitlements of key Commonwealth office holders, including judges, full-time and part-time public office holders, and principal executive offices. The Tribunal is not bound by the rules of evidence and may inform itself in such manner as it thinks fit. The purpose of the 2021 Amendment Determination is to update the remuneration and allowances for certain public office holders in accordance with their current roles and responsibilities, as well as to remove outdated allowances for others. The amendments are made in accordance with the relevant provisions of the Acts Interpretation Act 1901 and the Legislation Act 2003, and are compatible with human rights as they do not engage any of the applicable rights or freedoms. The determination was made by the Remuneration Tribunal and is authorised by subsections 7(3) and (4) of the Remuneration Tribunal Act 1973. The Tribunal has the power to repeal, rescind, revoke, amend, or vary any instrument of a legislative or administrative character, including rules, regulations or by-laws. The amendments made by this determination are in accordance with subsection 12(2) of the Legislation Act 2003 and do not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) to that person's disadvantage, nor do they impose any liability on such a person. The amendments are intended to maintain the principle of fair and current remuneration for work performed by holders of public office.

Scope and Application

The Remuneration Tribunal Amendment Determination (No. 1) 2021 applies to the Remuneration Tribunal Act 1973, which establishes the Remuneration Tribunal as an independent statutory authority responsible for determining the remuneration, allowances, and entitlements of key Commonwealth office holders. This includes Judges of Federal Courts and most full-time and part-time holders of public offices, such as Specified Statutory Offices. The Tribunal is also tasked with determining a classification structure for Principal Executive Offices and the terms and conditions applicable to each classification within the structure. The amendment determination primarily affects the remuneration and allowances for certain full-time and part-time public office holders by repealing and setting new provisions for their allowances and entitlements. It has a national jurisdictional reach, applying across the Commonwealth. The determination does not explicitly state any exclusions or exemptions but may be subject to further amendment or variation through subordinate instruments as necessary. The Tribunal operates with flexibility in its consultation and information-gathering processes, often relying on submissions from portfolio ministers and publicly available information to inform its decisions.

Key Provisions

The Remuneration Tribunal Amendment Determination (No. 1) 2021 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2020 and the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020. The amendments primarily address the remuneration and allowances for specific public office holders, including the Executive Director of the Australian Industrial Chemicals Introduction Scheme, the Chief Executive Officer of Aboriginal Hostels Limited, the Inspector-General of Intelligence and Security, and the Chair and Deputy Chair of the Australian Medical Research Advisory Board. Section 2 of the determination specifies that it commences on the day after the determination is registered. The authority for the determination is derived from subsections 7(3) and (4) of the Remuneration Tribunal Act 1973. The Remuneration Tribunal has certain obligations under the Act, including the ability to inform itself in any manner it deems fit, receive written or oral statements, and not be bound by the rules of evidence. The Tribunal must normally receive submissions from a relevant minister or employing body before determining remuneration for an office. The Tribunal also seeks views from the relevant minister prior to making its determination. The Tribunal considers various factors such as the office's functions, responsibilities, requisite characteristics, and the remuneration of similar offices. The determination imposes specific requirements on the offices affected by the amendments. For example, it removes accommodation and reunion assistance travel for the Chief Executive Officer of Aboriginal Hostels Limited, as the period of assistance expired on 9 March 2021. It also sets accommodation and reunion travel assistance for the Inspector-General of Intelligence and Security, as per the submission provided by the Attorney-General. Additionally, the determination sets annual fees for the Chair and Deputy Chair of the Australian Medical Research Advisory Board and removes daily fees for the Chair. The determination includes provisions related to offences, penalties, or civil/criminal consequences for breaches, although the specific penalties are not detailed in the provided text. The determination states that any retrospective application does not affect the rights of a person to their disadvantage nor impose any liability on such a person, as per subsection 12(2) of the Legislation Act 2003. The power to repeal, rescind, revoke, amend, or vary the instruments is conferred under subsection 33(3) of the Acts Interpretation Act 1901.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.