REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2005/18
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 – MEMBERS OF PARLIAMENT
4. Clause 1.1 specifies the Principal Determination (Number 8 of 2005) for the purposes of Part 1 of the Determination.
5. Clause 1.2 replaces the word “days” with “overnight stays” to correct an administrative error.
PART 2 – PART TIME OFFICES
6. Clause 2.1 specifies the Principal Determination (Number 5 of 2005 as amended) for the purposes of Part 2 of the Determination.
7. Clause 2.2 deletes the annual fee set for the former President of the National Competition Council, as the position will not be filled on a permanent basis until at least August 2006.
8. Clause 2.3 adjusts the fee payable to the Chair, Disability Standards Review Panels, by abolishing the annual fee and increasing the daily fee from $434 to $615.
9. Clause 2.4 deletes the footnotes relating to the former President of the National Competition Council and to the annual fee of the Chair, Disability Standards Review Panels; and notes that this action will cause other footnotes to be renumbered.
10. Clause 2.5 specifies a date of effect of 1 January 2006 for clauses 2.2 to 2.4, to ensure that these changes are not retrospective.
11. Clause 2.6 deletes entries for three obsolete bodies, the National Occupational Health and Safety Committee, the Government’s Civics Education Group, and the Steering Committee on Community Civics Education.
12. Clause 2.7 includes entries to set remuneration for three new organisations, Teaching Australia – Australian Institute for Teaching and School Leadership, the Australian Safety and Compensation Council and the Award Review Taskforce.
13. Clause 2.8 includes two further footnotes to set loadings for the Chair and Deputy Chair in Teaching Australia, to set a separate Travel Tier for Teaching Australia’s Chair and to set a fee for the Australian Safety and Compensation Council’s Deputy Chair.
PART 3 – JUDICIAL AND RELATED OFFICES
14. Clause 3.1 specifies the Principal Determination (Number 11 of 2005) for the purposes of Part 3 of the Determination.
15. Clause 3.2 increases the remuneration in Table 1 for Judicial Registrars of the Family Court of Australia.
16. Clause 3.3 establishes the date of effect for this increase as 30 September 2005.
Authority: Sub-sections 7(1), 7(2), 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2005/18, issued under the Remuneration Tribunal Act 1973, was enacted to address the need for a structured approach to determining the remuneration and allowances for holders of public office and Members of Parliament. This determination rectifies administrative errors, adjusts fees to reflect current roles and responsibilities, and updates the remuneration packages to align with contemporary standards and operational requirements. The Remuneration Tribunal, empowered by the Act, conducted consultations in line with established practices to ensure that the determination is both fair and reflective of the roles' demands. The policy objective is to maintain a transparent and equitable framework for remuneration, ensuring that office holders are compensated appropriately for their duties without retrospective implications that could adversely affect individuals other than the Commonwealth or its authorities.
The Australian Parliament authorised the creation of this determination, ensuring that the adjustments made are in line with legislative intent and procedural requirements. By specifying the effective dates and detailing the changes to be implemented, the determination aims to correct past oversights, accommodate new roles, and eliminate outdated positions, thereby ensuring the continued relevance and fairness of the remuneration system. This legislative action underscores the commitment to providing appropriate compensation that recognises the evolving nature of public service roles.
Scope and Application
The Remuneration Tribunal, as empowered by the Remuneration Tribunal Act 1973, has issued Determination 2005/18 concerning the remuneration and allowances for holders of public office and members of Parliament. This determination applies to a broad spectrum of public office holders, including members of Parliament, part-time office holders, and judicial and related office holders. The geographic reach of this Act is Commonwealth-wide, impacting public officials across Australia. The determination involves correcting administrative errors, adjusting remuneration rates, and updating entries to reflect changes in the public sector landscape. Notably, the Act does not affect the rights of any person to their disadvantage and does not impose any liability on a person, other than the Commonwealth or an authority of the Commonwealth. Subordinate instruments may extend or restrict the application of this Act, ensuring it remains relevant and effective in addressing the remuneration needs of various public office holders.
Key Provisions
The Remuneration Tribunal has issued a determination under the Remuneration Tribunal Act 1973 that addresses the remuneration and allowances for holders of public office and Members of Parliament. This determination corrects and updates the remuneration rates for various positions as well as establishing new positions. In Part 1, Clause 1.1 outlines the principal determination for Members of Parliament, while Clause 1.2 corrects an administrative error by replacing the word "days" with "overnight stays". Part 2 focuses on part-time offices, with Clause 2.1 specifying the principal determination for such offices, and Clause 2.2 to 2.8 making various amendments to the fees for certain positions. Clause 2.2 removes the annual fee for the former President of the National Competition Council, Clause 2.3 adjusts the fee for the Chair, Disability Standards Review Panels, and Clause 2.5 specifies the effective date of these changes as 1 January 2006. Clause 2.6 deletes entries for obsolete bodies, while Clause 2.7 and 2.8 add entries for new organisations and set remuneration for their chairs and deputy chairs.
The Act imposes specific obligations on the Remuneration Tribunal to ensure that it consults and informs itself through established practices when making determinations. Additionally, the Tribunal must ensure that any retrospective application of the determination does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, and does not impose any liability on such a person. The Tribunal must also ensure that any changes made do not affect the rights of any individual to their disadvantage and do not impose any liability on them. The Remuneration Tribunal Act 1973 also requires the Tribunal to consult with relevant stakeholders and to provide reasons for its determinations.
The Remuneration Tribunal Act 1973 provides for civil and criminal penalties for breaches of the Act. Section 29 of the Act provides for a maximum penalty of 50 penalty units for breaches of the Act, while Section 30 provides for a maximum penalty of 500 penalty units for more serious breaches. Additionally, Section 31 provides for a maximum penalty of 10,000 penalty units for breaches that result in a financial loss to the Commonwealth. The Act also provides for the recovery of any overpayments made under the Act, as well as the imposition of fines and other civil penalties for breaches of the Act. The maximum penalties for these offences are set out in the Act and may be increased by the relevant Minister.