Remuneration Tribunal Amendment Determination (No. 6) 2020

Administered by Department of the Prime Minister and Cabinet

Legislation au F2020L01294 Not in force Legislative Instrument

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Replacement Explanatory Statement:

Remuneration Tribunal Amendment Determination (No. 6) 2020


This Explanatory Statement replaces the Explanatory Statement registered on 9 October 2020 for Remuneration Tribunal Amendment Determination (No.6) 2020.  It corrects the consultation information in paragraphs 6 and 7 regarding the National Skills Commissioner.

 

  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.

National Skills Commissioner

6.       On 27 August 2020, Senator the Hon Michaelia Cash, Minister for Employment, Skills, Small and Family Business wrote to the Tribunal seeking indicative remuneration for the proposed new office of the National Skills Commissioner, to be established by the National Skills Commissioner Act 2020. The letter was accompanied by a submission detailing the roles and responsibilities of the office, the functions of the National Skills Commission and the skills and qualifications required of the office holder. The legislation received Royal Assent on 2 September 2020, formally establishing the office from 3 September 2020.

7.       The Minister’s submission on 27 August 2020 included a request for an additional loading for the inaugural National Skills Commissioner given the challenges that will be faced by the office in establishing the National Skills Commission; the pressure of the current reform period; a higher than usual pace of deliverables; and the key role the Commissioner will play in aiding Australia’s economic recovery from the COVID-19 pandemic. On 25 September 2020, it was announced that Mr Adam Boyton was appointed as the inaugural National Skills Commissioner, on a full-time basis for a period of five years, with the appointment taking effect on 13 October 2020.

Aboriginal Hostels Limited, Chief Executive Officer

8.       On 10 September 2020, Aboriginal Hostels Limited advised the Tribunal’s Secretariat of an error in the appointment date of the Chief Executive Officer, Mr David Chalmers, specified in a submission to the Tribunal for accommodation and reunion travel assistance for Mr Chalmers. 

Torres Strait Regional Authority Member Advisory Committees

9.       There was no consultation on this matter. The amendment corrects a minor error in the Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2020. Remuneration for these offices has not changed.

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 person’s 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 1—AMENDMENTS

Part 1—Main amendments

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

17.  Item 1 inserts remuneration, travel tier and special provisions for the new office of the National Skills Commissioner.

18.  Item 2 sets a person-specific fixed annual loading for Mr Adam Boyton, National Skills Commissioner.

19.  Item 3 corrects the start and end date of accommodation assistance for Mr David Chalmers, Chief Executive Officer of Aboriginal Hostels Limited.

20.  Item 4 corrects the start and end date of reunion travel assistance for Mr David Chalmers, Chief Executive Officer of Aboriginal Hostels Limited.

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

21.  Item 5 corrects the name of the Torres Strait Regional Authority Member Advisory Committees.

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:

  • sets the remuneration, travel tier and special provisions for the office of the National Skills Commissioner in the full-time office jurisdiction, including a fixed annual loading for Mr Adam Boyton, the inaugural office holder;
  • corrects the start and end date for accommodation and reunion travel assistance provisions for Mr David Chalmers, Chief Executive Officer of Aboriginal Hostels Limited; and
  • corrects the name of the Torres Strait Regional Authority Member Advisory Committees.

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. 6) 2020 was enacted to address and amend various aspects of the remuneration and allowances for certain public office holders, as specified under the Remuneration Tribunal Act 1973. This Act was established to provide the Remuneration Tribunal with the authority to determine the remuneration, allowances, and entitlements for key Commonwealth office holders, including judges, full-time and part-time public office holders, and Principal Executive Offices. The determination responds to specific consultations and submissions concerning the remuneration and allowances for new and existing offices, ensuring that the remuneration is fair and reflective of the responsibilities and challenges associated with each role. The objective of this amendment is to correct specific errors and provide updated remuneration details where necessary, thus maintaining the integrity and fairness of the remuneration process for public office holders. The determination was introduced by the Parliament of Australia to ensure that the remuneration and allowances for public office holders are accurately and fairly determined. This legislative instrument was enacted to correct errors in previous determinations regarding the remuneration and allowances for the National Skills Commissioner, the Chief Executive Officer of Aboriginal Hostels Limited, and the Torres Strait Regional Authority Member Advisory Committees. By addressing these specific issues, the amendment ensures that the remuneration for these positions reflects their roles and responsibilities appropriately. The instrument does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, thus confirming its compatibility with human rights.

Scope and Application

The Remuneration Tribunal Amendment Determination (No. 6) 2020 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. This legislation applies to the determination of remuneration, allowances, and entitlements for key Commonwealth office holders, including full-time and part-time holders of public offices and Principal Executive Offices. The Tribunal operates under the Remuneration Tribunal Act 1973 and is responsible for ensuring fair and current remuneration for work performed, taking into consideration various factors such as the functions, responsibilities, and accountabilities of the office, the organisational structure, requisite skills or qualifications, and the remuneration of similar offices. The amendments primarily correct minor errors in the commencement dates for assistance provisions for Mr David Chalmers, the Chief Executive Officer of Aboriginal Hostels Limited, and the name of the Torres Strait Regional Authority Member Advisory Committees. Additionally, the determination introduces remuneration, travel tier, and special provisions for the new office of the National Skills Commissioner and sets a fixed annual loading for the inaugural office holder, Mr Adam Boyton. This amendment ensures the remuneration determinations remain accurate and reflective of the current roles and responsibilities within the Commonwealth public sector.

Key Provisions

The Remuneration Tribunal Amendment Determination (No. 6) 2020 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 main amendments include setting the remuneration, travel tier, and special provisions for the new office of the National Skills Commissioner (Section 17), establishing a fixed annual loading for Mr Adam Boyton, the inaugural National Skills Commissioner (Section 18), and correcting the start and end dates for accommodation and reunion travel assistance provisions for Mr David Chalmers, Chief Executive Officer of Aboriginal Hostels Limited (Sections 19 and 20). Additionally, it corrects the name of the Torres Strait Regional Authority Member Advisory Committees (Section 21). These amendments ensure that the remuneration and allowances for public office holders are accurately reflected in line with their roles and responsibilities. The Remuneration Tribunal Amendment Determination (No. 6) 2020 imposes obligations on the Remuneration Tribunal to ensure that the remuneration, allowances, and entitlements of public office holders are determined fairly and accurately. The Tribunal must consider various factors such as the functions, responsibilities, and accountabilities of the office, the organisational structure, budget and workforce, the requisite characteristics, skills, or qualifications required of the office holders, and the remuneration of similar comparator offices. The Tribunal also has the authority to inform itself in any manner it deems fit, receive written or oral statements, and seek further information from relevant parties as necessary. The amendments also require the Tribunal to ensure that the remuneration and allowances are current and reflective of the roles and responsibilities of the office holders. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this determination. However, the Tribunal has the power to repeal, rescind, revoke, amend, or vary any instrument under subsection 33(3) of the Acts Interpretation Act 1901. The retrospective application of this determination is in accordance with subsection 12(2) of the Legislation Act 2003, which ensures that it does not affect the rights of a person to their disadvantage nor does it impose any liability on such a person. The determination 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, as it does not engage any of the applicable rights or freedoms.

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