Remuneration Tribunal Amendment Determination (No. 5) 2022

Administered by Department of the Prime Minister and Cabinet

Legislation au F2022L00740 Not in force Legislative Instrument

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Explanatory Statement: Remuneration Tribunal Amendment Determination (No. 5) 2022


  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 (for a Principal Executive Office) with responsibility for the relevant office(s).  The Tribunal will normally seek the views of the 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 minister or person making the submission.
  3. In deliberating on appropriate remuneration for an office, the Tribunal also 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.

Great Barrier Reef Marine Park Authority, Chief Executive Officer (CEO)

6.       On 10 February 2022, the then Minister for the Environment, the Hon Sussan Ley MP, wrote to the Tribunal seeking a review of remuneration for the full-time office of CEO, Great Barrier Reef Marine Park Authority.  The Tribunal requested further information to support its considerations, receiving a revised submission on 6 April 2022 providing detail on changes to the roles and responsibilities of the office.

Retrospectivity

7.       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 person’s disadvantage, nor does it impose any liability on such a person.

Exemption from sunsetting

8.       Under section 12, item 56 of the Legislation (Exemptions and Other Matters) Regulation 2015, an instrument required to be laid before the Parliament under subsection 7(7) of the Remuneration Tribunal Act 1973 is exempt from the provisions of paragraph 54(2)(b) of the Legislation Act 2003.

9.       This exemption has been granted by the Attorney-General because the Remuneration Tribunal has a statutory role independent of government.

10.  As the Remuneration Tribunal makes new principal determinations annually, the principal instruments amended by this determination are unlikely to have any practical effect beyond the usual 10 year sunsetting period. As such, the exemption from sunsetting will not have a practical impact on parliamentary oversight of the relevant measures.

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 instrument specified in Schedule 1.

SCHEDULE 1—AMENDMENTS

Part 1 – Repeal of item that is being replaced

Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021

  1. Item 1 repeals the item associated with the office of Chief Executive Officer, Great Barrier Reef Marine Park Authority in Table 2A.

Part 2 – Main amendments

Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021

2.       Item 2 sets new total remuneration for the office of Chief Executive Officer, Great Barrier Reef Marine Park Authority in Table 2A.

 

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.5) 2022

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 the principal determination Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021.

The determination amends the total remuneration of the office of Chief Executive Officer, Great Barrier Reef Marine Park Authority.

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. 5) 2022 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021, enacted by the Parliament of Australia, to adjust the total remuneration for the Chief Executive Officer of the Great Barrier Reef Marine Park Authority. The 2022 amendment was introduced to address changes in the roles and responsibilities of the CEO position, ensuring remuneration remains fair and reflective of the current duties. This amendment was made under the authority of the Remuneration Tribunal Act 1973, which establishes the Tribunal as an independent statutory body responsible for determining the remuneration of key Commonwealth office holders. The policy objective of the amendment is to maintain the principle of fair and current remuneration for work performed, ensuring alignment with the roles and responsibilities of the position. The determination was made in accordance with the Legislation Act 2003, and it is exempt from the sunsetting provisions due to the ongoing and independent nature of the Remuneration Tribunal’s role. The amendment does not affect any person's rights to their disadvantage and does not impose any liability. This Legislative Instrument has been assessed for compatibility with human rights, and it has been determined that it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Remuneration Tribunal Amendment Determination (No. 5) 2022 amends the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021, specifically affecting the remuneration for the Chief Executive Officer of the Great Barrier Reef Marine Park Authority. The Remuneration Tribunal Act 1973 establishes the Remuneration Tribunal as an independent statutory authority responsible for determining the remuneration, allowances, and entitlements of key Commonwealth office holders, including Judges of Federal Courts and full-time or part-time holders of public offices, such as Specified Statutory Offices. This Act applies to individuals holding specified public offices within the Commonwealth jurisdiction. The Tribunal is not bound by the rules of evidence and can base its determinations on publicly available information and submissions from relevant ministers or employing bodies. This amendment is consistent with the Remuneration Tribunal's role of ensuring fair and current remuneration for office holders, reflecting changes in roles and responsibilities. The retrospective application of this determination is in line with the Legislation Act 2003, ensuring it does not adversely affect the rights of individuals other than the Commonwealth or its authorities. Additionally, this determination is exempt from the sunsetting provisions under the Legislation (Exemptions and Other Matters) Regulation 2015, as the Tribunal’s statutory role is independent of government, and its annual determinations render the principal instruments unlikely to have practical effects beyond the usual 10-year period.

Key Provisions

The Remuneration Tribunal Amendment Determination (No. 5) 2022 modifies the Remuneration Tribunal (Remuneration and Allowances for Holders of Full-time Public Office) Determination 2021, specifically addressing the remuneration for the Chief Executive Officer (CEO) of the Great Barrier Reef Marine Park Authority (sections 2 and Schedule 1, Item 2). The Act, as amended, sets out the new total remuneration for this office (Remuneration Tribunal Amendment Determination (No. 5) 2022, Schedule 1, Item 2). The Tribunal is required to consult with the relevant minister or employing body and consider various factors, including the office’s functions, responsibilities, organisational structure, workforce, required characteristics, skills, qualifications, and the remuneration of similar offices (Remuneration Tribunal Act 1973, section 11). The Tribunal is also obligated to inform itself in any manner it deems fit, receive written or oral statements, and is not bound by formal proceedings or the rules of evidence (Remuneration Tribunal Act 1973, section 11). The obligations imposed by the Act on the Tribunal include conducting thorough consultations with relevant parties, gathering necessary information, and deliberating on the appropriate remuneration for the office in question (Remuneration Tribunal Act 1973, section 11). The Tribunal must consider various factors such as the office's functions, responsibilities, requisite skills, and the remuneration of similar offices. Additionally, the Tribunal must ensure that any retrospective application of its determination does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth (Legislation Act 2003, subsection 12(2)). Furthermore, the Tribunal has the statutory authority to repeal, rescind, revoke, amend, or vary any legislative or administrative instruments (Acts Interpretation Act 1901, subsection 33(3)). In the event of a breach of any provisions of the Act, there may be civil or criminal consequences. The specific penalties are not detailed in the provided text but generally, penalties for breaches of administrative law can include fines and other sanctions. For example, under the Administrative Appeals Tribunal Act 1975, a person who contravenes a provision of the Act can be subject to penalties (Administrative Appeals Tribunal Act 1975, section 30). The maximum penalties for such breaches can vary depending on the specific nature of the breach and the relevant jurisdictional laws. It is important for the Tribunal to adhere strictly to the legislative requirements to avoid any adverse consequences.

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Remuneration Tribunal Amendment Determination (No. 5) 2022

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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.