Remuneration Tribunal Amendment Determination (No. 6) 2023

Administered by Department of the Prime Minister and Cabinet

Legislation au F2023L01125 Not in force Legislative Instrument

Legislation content

Explanatory Statement: Remuneration Tribunal Amendment Determination (No. 6) 2023

  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.

3.       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.

4.       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.

5.       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.

Correction – Travel determination

6.       A number of localities were excluded from Table 6B of the Remuneration Tribunal (Official Travel) Determination 2023, as a result of an administrative error.  These localities are now included in the replacement table.  There was no consultation on this matter.

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.

8.       The amendment to the travel determination does not disadvantage any person as it provides allowances for localities that would not otherwise have applied.

Exemption from sunsetting

9.       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.

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

11.  As the Remuneration Tribunal makes new principal determinations annually, the principal instrument 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

12.  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:

13.  Section 1 specifies the name of the instrument.

14.  Section 2 specifies when the instrument commences.

15.  Section 3 specifies the authority for the instrument.

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

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

SCHEDULE 1—AMENDMENTS

Remuneration Tribunal (Official Travel) Determination 2023

18.  Item 1 repeals and replaces Table 6B in the Official Travel determination.

Authority: Sub-sections 5(2A), 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. 6) 2023

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 (Official Travel) Determination 2023. It updates Table 6B of the determination to include additional localities.

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) 2023 was enacted to amend the Remuneration Tribunal (Official Travel) Determination 2023. The primary purpose of this determination is to correct an administrative oversight by including previously excluded localities in Table 6B of the Official Travel determination. The Remuneration Tribunal Act 1973, enacted by the Australian Parliament, established the Remuneration Tribunal as an independent statutory authority to oversee and determine the remuneration, allowances, and entitlements of key Commonwealth office holders, including federal judges and public office holders. The Remuneration Tribunal Amendment Determination (No. 6) 2023 was introduced to address the oversight in the travel determination without disadvantaging any individual and ensures the ongoing fairness and accuracy of remuneration decisions. This amendment does not affect the rights of any person adversely and remains exempt from the sunsetting provisions of the Legislation Act 2003 due to the Tribunal's independent statutory role.

Scope and Application

The Remuneration Tribunal Amendment Determination (No. 6) 2023 amends the Remuneration Tribunal (Official Travel) Determination 2023, which is part of the broader framework established under the Remuneration Tribunal Act 1973. This legislation applies to key Commonwealth office holders, including Judges of Federal Courts and most full-time and part-time holders of public offices, ensuring that their remuneration, allowances and entitlements are determined independently by the Remuneration Tribunal. The Tribunal's remit also includes setting a classification structure for Principal Executive Offices and determining the terms and conditions applicable to each classification. Geographically, the Act applies at the Commonwealth level, with the Tribunal's decisions impacting office holders across Australia. The amendment corrects an administrative oversight by including previously excluded localities in the travel allowance table, thereby extending the geographic reach of the travel determination without any retrospective disadvantage to affected persons. The amendment does not impose any new liabilities or affect existing rights adversely. Additionally, the instrument is exempt from the usual sunsetting provisions due to the continuous nature of the Tribunal's work, ensuring ongoing parliamentary oversight.

Key Provisions

The Remuneration Tribunal Amendment Determination (No. 6) 2023 amends the Remuneration Tribunal (Official Travel) Determination 2023 by updating Table 6B to include additional localities that were previously omitted due to an administrative error (section 18). This amendment ensures that the travel allowances are correctly applied to all relevant areas, thus maintaining the principle of fair and current remuneration for work performed. Under the Remuneration Tribunal Act 1973, the Tribunal is empowered to inform itself in any manner it deems appropriate in performing its functions (section 11). This means the Tribunal has considerable flexibility in gathering information, including receiving written or oral statements, and is not constrained by formal procedures or the rules of evidence. Typically, the Tribunal receives submissions from a portfolio minister or an individual responsible for the relevant office and seeks the views of the relevant minister before determining remuneration. The Tribunal may also consult with relevant parties, review publicly available information, and meet with officials to gather necessary data on the functions, responsibilities, and accountabilities of the office in question, as well as the requisite characteristics and skills required for the office holder. The Amendment Determination imposes several obligations on the Tribunal. Primarily, it mandates the inclusion of previously omitted localities in the travel allowances, ensuring that all eligible areas are covered without causing any disadvantage to individuals. Additionally, the Tribunal must continue to consult with relevant ministers and stakeholders when determining remuneration and must adhere to the principles of fairness and current remuneration as outlined in the Act. Breaching the provisions of this determination could lead to legal consequences. While specific penalties are not detailed in the Explanatory Statement, the general legislative framework suggests that any failure to comply with the Tribunal's determinations could be subject to review or challenge in court. Such challenges could potentially result in the Tribunal's decisions being quashed or varied if found to be unlawful or unjust. Furthermore, the retrospective application of this amendment does not adversely affect any person's rights or impose any new liabilities, in accordance with subsection 12(2) of the Legislation Act 2003 (section 7). This ensures that the amendment does not have any detrimental impact on individuals who might have been disadvantaged by the initial error.

Legal classification tags

Area of Law
Remuneration Law
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Consultation Requirements

Interactions

Authorises

All Versions

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.