Explanatory Statement: Determination 2006/15
Official Travel by Office Holders
- 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.
PART 1 – TRAVEL ALLOWANCE – OFFICE HOLDERS
3. Clause 1.1 specifies the Principal Determination (Number 3 of 2004) for the purposes of Part 1 of the Determination.
4. Clause 1.2 updates travelling allowance rates in Schedule A – Remuneration Tribunal Travelling Allowance Rates of the Principal Determination, with effect from 27 August 2006.
5. Clause 1.3 updates motor vehicle allowance rates in Table 4A – Motor Vehicle Allowance of the Principal Determination, with effect from 27 August 2006.
6. Clause 1.4 amends Table 2A – Standard of Travel, by specifying for office holders entitled to Tier 1 travel, that for overseas travel office holders may choose between first class or business class travel to provide increased flexibility. Previously for office holders entitled to Tier 1 overseas travel, the class of travel only referred to first class travel.
Authority: Sub-sections 5(2A), 7(3) and 7(4)
of the Remuneration Tribunal Act 1973
Overview
The Determination 2006/15, made under the Remuneration Tribunal Act 1973, addresses the remuneration and related matters for office holders, with a particular focus on updating travel allowances and related benefits. This legislative instrument was enacted by the Remuneration Tribunal, which was empowered to make such determinations through the aforementioned Act. The determination was prompted by a need to review and adjust the allowances provided to office holders for their official travel, ensuring these remain competitive and appropriate in light of changing circumstances and costs. The policy objective underlying this determination is to ensure that the remuneration and benefits provided to office holders are fair and reflective of current conditions, thereby maintaining the integrity and effectiveness of the public service.
Clauses 1.2 to 1.4 of the determination specifically update the travel allowance rates, motor vehicle allowance rates, and the standard of travel for office holders, effective from 27 August 2006. This includes allowing office holders who are entitled to Tier 1 travel to choose between first class or business class travel for overseas trips, enhancing their flexibility. The Remuneration Tribunal made these updates in consultation with relevant stakeholders, aligning with established practices to ensure the determinations are well-informed and comprehensive.
Scope and Application
The Determination 2006/15, issued under the Remuneration Tribunal Act 1973, applies to office holders within the Australian government whose remuneration and related matters are regulated by the Remuneration Tribunal. This includes various public officials and office bearers whose allowances and benefits are subject to the Tribunal's purview. The scope of the Act is confined to the Commonwealth level, impacting federal office holders and not extending to state or territory offices unless explicitly covered by other legislation. The Determination updates travel allowance rates and motor vehicle allowances, effective from 27 August 2006, and provides greater flexibility in the choice of travel class for overseas trips for certain office holders. The Remuneration Tribunal has exercised its authority under sub-sections 5(2A), 7(3), and 7(4) of the Remuneration Tribunal Act 1973 to enact these changes, ensuring the provisions are in line with established consultation practices.
Key Provisions
The key operative sections of the Determination 2006/15 (F2006L02659) concern the adjustments to travel allowance rates and the standard of travel for office holders. Specifically, Clause 1.2 updates the travelling allowance rates in Schedule A, while Clause 1.3 modifies the motor vehicle allowance rates in Table 4A, both with effect from 27 August 2006. Clause 1.4 provides that office holders entitled to Tier 1 travel for overseas trips now have the option to choose between first class or business class travel, offering them increased flexibility in their travel arrangements.
The obligations imposed by the Determination include the updating of travel allowance rates and motor vehicle allowances, as specified in Clauses 1.2 and 1.3. Additionally, Clause 1.4 requires that office holders who are entitled to Tier 1 overseas travel may now select between first class or business class travel, which represents a change from the previous requirement that only first class travel was permissible. These updates are to be applied in accordance with the Remuneration Tribunal Act 1973, specifically referencing Sub-sections 5(2A), 7(3), and 7(4).
While the Determination does not explicitly list offences, penalties, or consequences for non-compliance within its text, any breach of the updated travel allowance rates or motor vehicle allowances as set out in the Determination could potentially result in legal consequences. However, the specific penalties or consequences would be governed by the Remuneration Tribunal Act 1973 and any related administrative or judicial processes. Given the legislative context, non-compliance might involve financial implications or corrective actions to ensure adherence to the updated rates and allowances.