REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2006/11
Remuneration and Allowances for Holders of Public Office
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 as amended) for the purposes of Part 1 of the Determination.
5. Clauses 1.2 and 1.3 enhance the travel entitlements available to office holders in the Australian Reinsurance Pool Corporation from 8 May 2006, the date on which the Tribunal made its decision.
6. Clause 1.4 deletes the reference to the now defunct body, the Australian Sports Drug Agency (ASDA).
7. Clauses 1.5 and 1.6 set remuneration for part-time office holders in ASDA’s successor body, the Australian Sports Anti-Doping Agency (ASADA) with effect from 14 March 2006, the date of commencement of the new body; and also set remuneration for part-time office holders in Cancer Australia with effect from 3 May 2006, the date on which Cancer Australia’s enabling legislation received Royal Assent.
8. Clause 1.7 ensures that any office holder in ASDA who became an office holder in ASADA does not receive concurrent fees for the two bodies.
PART 2 – PRINCIPAL EXECUTIVE OFFICES
9. Clause 2.1 specifies the Principal Determination (Number 19 of 2005 as amended) for the purposes of Part 2 of the Determination.
10. Clause 2.2 replaces Table A1 in the Principal Determination with a new Table A1 to reflect the outcomes of the Remuneration Tribunal’s annual review of remuneration. In Table A1 the upper end of the bands for both superannuation salary and total remuneration have been increased by 4.4 per cent (rounded up). Reference salaries in the structure have also increased by 4.4 per cent (rounded up).
PART 3 – SPECIFIED STATUTORY OFFICES
11. Clause 3.1 specifies the Principal Determination (Number 5 of 2006) for the purposes of Part 3 of the Determination.
12. Following the Tribunal’s final decision on annual remuneration adjustments, clause 3.2 applies a further increase of 0.4 per cent, from 1 July 2006, to the base salary and total remuneration of each office holder covered by the Principal Determination.
13. Clause 3.3 increases the amount paid to Specified Statutory Officers in lieu of performance pay from 7 per cent to 10 per cent of total remuneration.
14. Clause 3.4 sets a 1 July 2006 date of effect for clauses 3.2 and 3.3.
PART 4 – MEMBERS OF PARLIAMENT
15. Clause 4.1 specifies the Principal Determination (Number 9 of 2005 as amended) for the purposes of Part 4 of the Determination.
16. Clause 4.2 deletes clauses 2.8 to 2.26 of the Principal Determination and replaces them with new clauses 2.8 to 2.20. These changes clarify and/or define a number of entitlements and terms used in the Principal Determination, and provide for pooling of the family travel entitlements available to Members of Parliament.
17. Clause 4.3 sets a 1 July 2006 date of effect for clause 4.2.
Authority: Sub-sections 5(2A), 7(1), 7(3), 7(3D) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2006/11, enacted under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of public office in Australia. This determination was made by the Remuneration Tribunal, which was established to ensure that remuneration and allowances for public office holders are kept under review and adjusted as necessary. The primary policy objective of this determination is to provide a fair and up-to-date framework for compensating office holders while ensuring that their remuneration reflects their responsibilities and the current economic conditions. This determination includes adjustments to travel entitlements, remuneration rates, and other allowances for part-time and principal executive office holders, as well as specified statutory officers and Members of Parliament, ensuring that these changes do not disadvantage any individuals and comply with legislative requirements.
Scope and Application
The Remuneration and Allowances for Holders of Public Office Determination 2006/11, issued by the Remuneration Tribunal, applies to various office holders within specified public entities and parliamentary roles in Australia. The Act applies to part-time and full-time office holders in designated organisations, including the Australian Reinsurance Pool Corporation, the Australian Sports Anti-Doping Agency, Cancer Australia, and specified statutory offices, as well as Members of Parliament. The scope of the Act extends to adjustments in remuneration, travel entitlements, and allowances for these office holders, with specific provisions for enhancing travel entitlements, setting remuneration rates, and ensuring non-concurrent fees for office holders transitioning between organisations. The Act also incorporates retrospective application under certain conditions, ensuring it does not adversely affect the rights of individuals. The Remuneration Tribunal Act 1973 provides the legislative authority for these determinations, and subordinate instruments may further refine or extend the application of this legislation.
Key Provisions
The Remuneration Tribunal has determined remuneration and allowances for various office holders under the authority of the Remuneration Tribunal Act 1973. This determination (F2006L01940) is divided into four main parts, each addressing different categories of office holders and their entitlements. Clause 1.1 references the Principal Determination (Number 5 of 2005 as amended) for part-time offices, while Clause 2.1 references the Principal Determination (Number 19 of 2005 as amended) for principal executive offices. Clause 3.1 references the Principal Determination (Number 5 of 2006) for specified statutory offices, and Clause 4.1 references the Principal Determination (Number 9 of 2005 as amended) for members of parliament. The Tribunal has made these determinations in consultation with relevant stakeholders, ensuring that the changes are informed and considered.
The obligations and requirements imposed by this legislation primarily pertain to the Remuneration Tribunal itself and the various office holders it governs. The Tribunal is responsible for conducting inquiries and making determinations regarding remuneration and allowances. For office holders, the legislation sets out their entitlements, including salary, superannuation, travel allowances, and other benefits. It also clarifies terms and conditions of their employment, such as the pooling of travel entitlements for Members of Parliament. Additionally, the legislation mandates that any retrospective application of these determinations does not adversely affect the rights of individuals, other than the Commonwealth or its authorities.
Breaches of the provisions contained within this legislation could result in civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed within the text of this determination. However, under the general provisions of the Remuneration Tribunal Act 1973, any failure to comply with the Tribunal’s determinations could lead to legal actions, including fines or other penalties as prescribed by law. The maximum penalties, if applicable, would be determined by the relevant courts based on the nature and severity of the breach.
In summary, this determination by the Remuneration Tribunal sets out the remuneration and allowances for various office holders, detailing specific entitlements and conditions of employment. The obligations primarily rest on the Tribunal to make informed determinations and on office holders to adhere to the set entitlements. While the specific consequences of breaches are not detailed in this determination, any non-compliance could lead to civil or criminal penalties as prescribed by law.