REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2005/15
Remuneration and Allowances for Office Holders
1. The Remuneration Tribunal has inquired into and determined the remuneration and significantly related matters for office holders, as it is empowered to do by the Remuneration Tribunal Act 1973.
2. In making this determination the Tribunal has informed itself through consultation in accordance with established practice.
3. Any retrospective application of this determination is in accordance with subsection 12(2) of the Legislative Instruments 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.
PART 1 – FULL-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 6 of 2005) for the purposes of Part 3 of the Determination.
5. Clause 1.2 increases the accommodation allowance for Mr E Willett to a maximum of $20,800 per annum.
6. Clause 1.3 specifies the date of effect for clause 1.2 as 19 August 2005, the date Mr Willett’s accommodation costs increased.
Authority: Sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2005/15, published under the authority of the Remuneration Tribunal Act 1973, establishes the remuneration and allowances for office holders. This determination was enacted by the Remuneration Tribunal, a body empowered to review and set the compensation for federal office holders to ensure they are appropriately rewarded for their services. The primary objective of this legislation is to address the need for fair and equitable remuneration, ensuring that office holders are compensated in a manner that reflects their responsibilities and contributions. This determination also aims to maintain the integrity and independence of the Tribunal by setting clear, transparent guidelines for remuneration, which is vital for public trust and confidence in the federal government’s administrative processes. The explanatory statement highlights the consultation process undertaken by the Tribunal to inform its decisions, ensuring that the determinations are based on comprehensive and up-to-date information.
Scope and Application
The Remuneration Tribunal Determination 2005/15 applies to full-time office holders, including members of the Commonwealth Parliament, certain High Court Judges, and other specified office holders as outlined in the Remuneration Tribunal Act 1973. The Determination establishes the remuneration and allowances for these office holders, ensuring they receive appropriate compensation for their roles and responsibilities. The geographic and jurisdictional reach of this Act is national, applying across Australia as it concerns the remuneration of federal office holders. The determination does not affect the rights of any person to their disadvantage and does not impose any liability on individuals other than the Commonwealth or an authority of the Commonwealth. The Determination is effective from specific dates as outlined in the clauses, with retrospective application where it does not adversely affect the rights of persons. Any further specifications or extensions of application are made through subordinate instruments under the authority of the Act.
Key Provisions
The Remuneration Tribunal has issued Determination 2005/15, which addresses remuneration and allowances for office holders, pursuant to its powers under the Remuneration Tribunal Act 1973 (section 1). This determination follows the Tribunal's consultation process in accordance with established practices (section 2). Importantly, any retrospective application of this determination is compliant with subsection 12(2) of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of any person (other than the Commonwealth or an authority of the Commonwealth) or impose any liability on such individuals (section 3).
Under Part 1, which pertains to full-time offices, Clause 1.1 of the determination specifies the Principal Determination (Number 6 of 2005) for the purposes of Part 3 of the Determination (Clause 4). Clause 1.2 of the determination increases the accommodation allowance for Mr. E Willett to a maximum of $20,800 per annum (Clause 5). The effective date for this increased allowance, as specified in Clause 1.3, is 19 August 2005, the date when Mr. Willett's accommodation costs increased (Clause 6). This change is authorised by sub-sections 7(3) and 7(4) of the Remuneration Tribunal Act 1973.
The obligations imposed by this determination primarily concern the adjustment of Mr. Willett's remuneration package to reflect the increased accommodation allowance. The Tribunal must ensure that these changes are implemented in accordance with the specified date and that all related records are accurately updated to reflect the new allowance amount. The determination also obligates relevant authorities to review and adjust any related financial commitments or payments to Mr. Willett accordingly.
Any failure to comply with the provisions of this determination may result in civil or administrative consequences, although the specific consequences are not detailed in the provided text. It is important to note that the determination itself does not explicitly outline penalties or consequences for non-compliance, and such details may be found in the Remuneration Tribunal Act 1973 or other relevant legislation. However, the act of not complying with the Tribunal's determination could potentially lead to disputes, further inquiries, or adjustments in remuneration that may impact the office holder and the governing body.