REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2005/16
Remuneration and Allowances for Holders of Public Office and Members of Parliament
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 – PART-TIME OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 5 of 2005) for the purposes of Part 1 of the Determination.
5. Clause 1.2 inserts a new entry for the Australian Technical Advisory Group on Immunisation, and sets remuneration and travelling allowance for its Chairman and Members.
6. Clause 1.3 specifies the date of effect of Clause 1.2 as 23 August 2005, the date on which the body was referred into the Tribunal’s jurisdiction.
7. Clause 1.4 removes the entry specifying daily fees for the Chairman and Members of the Carrick Institute for Learning and Teaching in Higher Education Ltd, and substitutes an entry specifying annual fees for that body.
8. Clause 1.5 adds a footnote to the Determination, setting annual fees for the Chairman and Members of the Carrick Institute for Learning and Teaching in Higher Education Ltd’s Audit and Risk Management Committee.
9. Clause 1.6 specifies the date of effect of Clauses 1.4 and 1.5 as 5 September 2005, the date on which the Tribunal made its decision to convert the fees from daily fees to annual fees.
10. Clause 1.7 deletes the entries for the Health Insurance Commission Board and the Commonwealth Services Delivery Agency (Centrelink) Board which have both been abolished.
11. Clause 1.8 omits the wording of the footnotes relating to Health Insurance Commission Board and the Commonwealth Services Delivery Agency (Centrelink) Board. The footnotes have been retained with the wording ‘Footnote deleted’.
12. Clause 1.9 amends the name of two organisations to reflect recent changes. The associated remuneration entries remain unchanged.
PART 2 – MEMBERS OF PARLIAMENT
13. Clause 2.1 specifies the Principal Determination (Number 8 of 2005) for the purposes of Part 2 of the Determination.
14. Clause 2.2 relocates the entry for ‘Bordertown’ in the list of South Australian towns to correct an administrative error.
15. Clause 2.3 provides an increased entitlement to overnight transit stops in the nearest major transport centre for members representing electorates over 300,000 km², where they are not able to access centres within their electorates through direct flights, to 30 per annum from their capped entitlement to overnight stays.
16. Clause 2.4 increases the entitlement for the Member for Lingiari and the senators representing the Northern Territory to additional travelling allowance from eleven overnight stays per annum to a maximum of 18 overnight stays per annum for visits to the Cocos (Keeling) and/or Christmas Islands on electorate business.
Authority: Sub-sections 7(1), 7(2), 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2005/16 was introduced to address the need for periodic reviews and adjustments of remuneration and allowances for holders of public office and members of Parliament, as stipulated by the Remuneration Tribunal Act 1973. This legislation was enacted to ensure that the remuneration for public office holders and members of Parliament remains fair and reflective of their responsibilities and the economic conditions. The Remuneration Tribunal, which operates under the authority of the Parliament of Australia, was tasked with determining the remuneration and related matters for these office holders. The policy objective behind this determination is to maintain a transparent and equitable system of remuneration that is periodically reviewed to reflect changes in circumstances and to ensure it aligns with broader economic conditions. The Tribunal's approach involves extensive consultation and adherence to established practices, ensuring that any retrospective application of the determination does not adversely affect the rights of individuals, in line with the provisions of the Legislative Instruments Act 2003.
Scope and Application
The Determination 2005/16 made by the Remuneration Tribunal applies to the remuneration and allowances for holders of public office and members of Parliament, as empowered by the Remuneration Tribunal Act 1973. It specifically targets individuals such as the Chairman and Members of the Australian Technical Advisory Group on Immunisation, and Members of Parliament representing large electorates or those needing to travel to remote territories for official duties. The Tribunal’s jurisdiction extends to these public office holders and parliamentarians across the Commonwealth of Australia, ensuring that their remuneration is periodically reviewed and adjusted to reflect current conditions. Notably, the Determination does not affect the rights of private individuals adversely and does not impose new liabilities on them. Additionally, the application of this Determination can be further extended or modified through subordinate instruments as needed.
Key Provisions
The operative sections of this determination, as stated in the Explanatory Statement, involve a series of amendments and specifications regarding the remuneration and allowances for various holders of public office and members of Parliament. Clause 1.2 introduces a new entry for the Australian Technical Advisory Group on Immunisation, setting out specific remuneration and travelling allowances for its Chairman and Members (Clause 1.2). Similarly, Clause 1.4 modifies the remuneration for the Chairman and Members of the Carrick Institute for Learning and Teaching in Higher Education Ltd, changing the basis from daily fees to annual fees (Clause 1.4). Clause 1.5 further details the annual fees for the Chairman and Members of the Audit and Risk Management Committee of the Carrick Institute (Clause 1.5). Clause 1.7 removes entries for the Health Insurance Commission Board and the Commonwealth Services Delivery Agency (Centrelink) Board, due to their abolition (Clause 1.7). Lastly, Clause 2.3 and Clause 2.4 adjust the entitlements for overnight transit stops and additional travelling allowances for certain members of Parliament, particularly those representing large electorates or the Northern Territory (Clauses 2.3 and 2.4).
The obligations imposed by this determination on the parties or entities it governs include the payment of specified remuneration and allowances as set out in the determination. For example, the Australian Technical Advisory Group on Immunisation must adhere to the remuneration and travelling allowances specified in Clause 1.2. The Carrick Institute for Learning and Teaching in Higher Education Ltd and its Audit and Risk Management Committee are subject to the annual fees detailed in Clauses 1.4 and 1.5. Additionally, members of Parliament representing large electorates or the Northern Territory must be provided with the adjusted entitlements for overnight transit stops and additional travelling allowances as per Clauses 2.3 and 2.4.
Regarding consequences for breaches, the Explanatory Statement does not explicitly outline specific offences, penalties, or consequences within its text. However, the general legal framework under the Remuneration Tribunal Act 1973, from which this determination derives its authority, would typically impose penalties for non-compliance. These could include fines or other financial penalties as prescribed by relevant laws, depending on the nature and severity of the breach. The maximum penalties would be determined in accordance with the statutory provisions governing the Remuneration Tribunal Act 1973 and any applicable legislative instruments.