Remuneration Tribunal Amendment Determination (No. 6) 2022
We, the members of the Remuneration Tribunal, make the following determination.
Dated 28 June 2022
Signed | Signed | Signed |
John Conde AO | Heather Zampatti | Stephen Conry AM |
President | Member | Member |
Contents
1 Name...............................................
2 Commencement.........................................
3 Authority.............................................
4 Schedules.............................................
Schedule 1—Amendments
Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022
1 Name
This instrument is the Remuneration Tribunal Amendment Determination (No. 6) 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | Immediately after the commencement of the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022. | 1 July 2022 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under Division 4 of Part II of the Remuneration Tribunal Act 1973.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022
1 Subsection 11(2) (Table 2B, table item dealing with Level 3, column headed “Departments”, after paragraph (a))
Insert:
(aa) Attorney‑General’s;
2 Subsection 11(2) (Table 2B, table item dealing with Level 3, column headed “Departments”, paragraph (j))
Repeal the paragraph.
3 Subsection 11(2) (Table 2B, table item dealing with Level 4, column headed “Departments”, paragraph (a))
Repeal the paragraph, substitute:
(a) Industry, Science and Resources;
Overview
The Remuneration Tribunal Amendment Determination (No. 6) 2022 was enacted to address specific issues related to the classification structure and terms and conditions for departmental secretaries as outlined in the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022. This determination was made under Division 4 of Part II of the Remuneration Tribunal Act 1973, with the aim of ensuring that the classification and remuneration of departmental secretaries align with their roles and responsibilities. The amendments were designed to streamline and update the list of departments, ensuring that the most current and relevant departments are included in the remuneration classification structure. This amendment was made by the members of the Remuneration Tribunal and came into effect immediately after the commencement of the original determination on 1 July 2022.
Scope and Application
The Remuneration Tribunal Amendment Determination (No. 6) 2022 applies to specific provisions within the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022. It specifically amends the classification structure and terms and conditions for departmental secretaries. This determination is applicable to the Commonwealth level, affecting public sector departmental secretaries. It does not explicitly exclude or exempt any entities or conduct but instead makes specific adjustments to the remuneration structures within the identified departments. The determination's application is extended through the Remuneration Tribunal Act 1973, which allows for amendments and updates to existing determinations as necessary. The commencement of this determination is set immediately after the original determination, effective from 1 July 2022, and does not include provisions for further amendments in its schedule.
Key Provisions
The Remuneration Tribunal Amendment Determination (No. 6) 2022 primarily serves to amend the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022. Specifically, it makes changes to the classification structure and terms and conditions applicable to departmental secretaries. The determination comes into effect immediately after the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2022, which commenced on 1 July 2022.
The amendments outlined in the Schedule to this determination involve specific changes to the classification structure for departmental secretaries. For instance, Subsection 11(2) of the original determination is modified to include the Attorney-General’s Department in the list of departments at Level 3. Conversely, a particular paragraph under the same subsection and section is repealed, affecting the Level 3 classification. Additionally, the department previously listed at Level 4 is repealed and replaced with the Industry, Science and Resources department.
Entities and individuals governed by the amended determination must adhere to these changes. Departmental secretaries and relevant departments must now comply with the updated classification structure and terms and conditions. This includes ensuring that the new department inclusions and exclusions are correctly applied in their respective remuneration frameworks.
Failure to comply with the provisions of this determination may result in legal consequences. While the specific offences and penalties are not detailed within the determination itself, it is made under the authority of Division 4 of Part II of the Remuneration Tribunal Act 1973. This implies that breaches could potentially lead to legal actions, including fines or other penalties as prescribed by the Act. The maximum penalties would be in line with the provisions of the Remuneration Tribunal Act 1973, which may include fines for non-compliance with determinations made under the Act.