Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Amendment Determination 2020
We, the members of the Remuneration Tribunal, make the following determination.
Dated 24 January 2020
Signed | | Signed |
John Conde AO | | Heather Zampatti |
President | | Member |
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2019
1 Name
This instrument is the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Amendment Determination 2020.
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 | 1 February 2020. | 1 February 2020 |
Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 2019
1 Subsection 11(2) (Table 2B)
Repeal the table, substitute:
Table 2B—Classification of offices of Secretary |
Level | Departments |
Level 1A | The Prime Minister and Cabinet |
Level 1B | The Treasury |
Level 1 | The following Departments: (a) Agriculture, Water and the Environment; (b) Defence; (c) Education, Skills and Employment; (d) Finance; (e) Foreign Affairs and Trade; (f) Health; (g) Home Affairs; (h) Industry, Science, Energy and Resources; (i) Social Services |
Level 2 | The following Departments: (a) Attorney‑General’s; (b) Infrastructure, Transport, Regional Development and Communications; (c) Veterans’ Affairs |
Overview
The Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Amendment Determination 2020 was enacted to amend the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2019. This determination was introduced to address the need for updating the classification structure and terms and conditions of departmental secretaries' remuneration, aligning them with current departmental structures and responsibilities. It was made under Division 4 of Part II of the Remuneration Tribunal Act 1973 by the Remuneration Tribunal, which comprises the President and a Member. The policy objective of this amendment is to ensure that the remuneration of departmental secretaries accurately reflects the level of responsibility and the classification of the offices they hold within the government structure. The amendment came into effect in February 2020, providing updated classification levels for various government departments and aligning the remuneration structure accordingly.
Scope and Application
The Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Amendment Determination 2020 amends the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2019, which was made under Division 4 of Part II of the Remuneration Tribunal Act 1973. This amendment applies to the classification structure and terms and conditions of departmental secretaries within the Commonwealth of Australia, specifically to the designated departments and offices listed in the Schedule. The amendment repeals the existing table in Subsection 11(2) and replaces it with a new classification structure for offices of Secretary, including adjustments to the levels and departments involved. The changes outlined in the Schedule take effect from the date of commencement, which is February 2020. This determination does not include any specific exclusions, exemptions, or thresholds beyond those that may be detailed in the Remuneration Tribunal Act 1973 or any subordinate instruments that may extend or restrict its application.
Key Provisions
The Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Amendment Determination 2020 introduces amendments to the classification structure and terms and conditions for departmental secretaries within the Australian public service. Specifically, section 1 of Schedule 1 repeals the existing Table 2B in the Remuneration Tribunal (Departmental Secretaries—Classification Structure and Terms and Conditions) Determination 2019 and replaces it with a new Table 2B, which outlines the classification of offices of Secretary across various departments (section 1(2)).
The parties governed by this determination include the various departments listed in the new Table 2B, such as the Departments of Agriculture, Water and the Environment, Defence, Education, Skills and Employment, and others. The new classification structure specifies the level of each Secretary's office, which determines their remuneration and conditions of employment. This includes both Level 1A offices, such as the Prime Minister and Cabinet, and Level 1 offices, which comprise several key departments like Defence and Health.
Under this legislation, the obligations primarily rest on the Remuneration Tribunal to ensure that the classification structure is updated and applied correctly to the appropriate offices. Departments must also comply with the new classification by adhering to the terms and conditions specified in the new Table 2B. There are no explicit obligations placed on individual departmental secretaries beyond their adherence to the terms of their employment as classified under this legislation.
There are no specific offences, penalties, or civil/criminal consequences outlined in this determination for breach of its provisions. The main focus of the legislation is administrative and structural, ensuring that the classification and remuneration of departmental secretaries are updated to reflect current departmental hierarchies and responsibilities. However, any failure to comply with the new classification structure could potentially lead to disputes or legal challenges, which would need to be resolved through the appropriate legal channels.