REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2006/17
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 12 of 2006 as amended) for the purposes of Part 1 of the Determination.
5. Clause 1.2 inserts a daily fee of $607 for members of the ANSTO – Technical Advisory Committee with effect from 1 July 2006. This entry was inadvertently omitted when the Principal Determination was made.
6. Clause 1.3 changes the name of a committee referred to in Schedule C of the Principal Determination from “Finance and Audit Committee” to its current name, “Finance, Risk and Audit Committee”.
7. Clause 1.4 deletes references to the Australian Trade Commission (Austrade) Board and National Employment and Training Task Force. These bodies are now defunct.
8. Clause 1.5 deletes the reference to the now defunct Australian Trade Commission (Austrade) Board in Clause A6 of the Additional Clauses to Table A1A of the Principal Determination.
PART 2 – FULL-TIME OFFICES
9. Clause 2.1 specifies the Principal Determination (Number 13 of 2006) for the purposes of Part 2 of the Determination.
10. Clauses 2.2 and 2.3 remove the accommodation allowance for the Commissioner, Australian Federal Police, Mr Mick Keelty APM. Mr Keelty’s circumstances have now changed and he no longer requires this allowance.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2006/17, issued under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of public office. Enacted by the Australian Parliament, the Act was established to ensure fair and appropriate compensation for public office holders, aligning their remuneration with the responsibilities and demands of their roles. The primary objective of this determination is to provide updated and accurate remuneration rates, rectifying omissions and updating references to defunct bodies, thereby maintaining the integrity and relevance of the compensation framework. This determination ensures that remuneration reflects current circumstances, including changes in roles and the disbandment of certain entities, while also providing clarity and consistency in the application of allowances.
Scope and Application
The Remuneration and Allowances for Holders of Public Office Determination 2006/17, made by the Remuneration Tribunal under the Remuneration Tribunal Act 1973, specifies the remuneration and allowances for holders of part-time and full-time public offices. This determination applies to various office holders, including members of the ANSTO – Technical Advisory Committee and the Commissioner of the Australian Federal Police. It sets out financial compensation and allowances, including a daily fee of $607 for members of the ANSTO – Technical Advisory Committee and the removal of certain allowances for the Commissioner of the Australian Federal Police due to changed circumstances. The determination also corrects and updates references to defunct bodies and committees. The application of this determination is in accordance with the Legislative Instruments Act 2003, ensuring that it does not adversely affect the rights of individuals other than the Commonwealth or its authorities, nor does it impose any liability on such individuals. The Tribunal has consulted established practices in making this determination.
Key Provisions
The Remuneration Tribunal has determined the remuneration and allowances for holders of public office, particularly focusing on part-time and full-time offices. Section 1.1 of the Determination references the Principal Determination (Number 12 of 2006 as amended) for part-time offices, while Section 2.1 references the Principal Determination (Number 13 of 2006) for full-time offices. The operative sections include specific amendments to the Principal Determination, such as the insertion of a daily fee of $607 for members of the ANSTO – Technical Advisory Committee (Section 1.2) and the updating of the name of the Finance and Audit Committee to the Finance, Risk and Audit Committee (Section 1.3). Additionally, the Determination removes references to defunct entities such as the Australian Trade Commission (Austrade) Board and the National Employment and Training Task Force (Sections 1.4 and 1.5). For full-time offices, the Determination removes the accommodation allowance for the Commissioner of the Australian Federal Police, Mr Mick Keelty APM, due to a change in his circumstances (Sections 2.2 and 2.3).
The Act imposes specific obligations on the parties it governs, including the obligation to consult and inform the Remuneration Tribunal as part of its established practice (Section 2). The Tribunal is mandated to make determinations regarding remuneration and allowances for office holders, as stipulated by the Remuneration Tribunal Act 1973. Additionally, the Determination provides clarity and updates to existing provisions, ensuring that the remuneration structure remains current and relevant. The Tribunal must also ensure that any retrospective application of the Determination does not adversely affect the rights of individuals, in accordance with subsection 12(2) of the Legislative Instruments Act 2003 (Section 3).
The Determination outlines several offences and penalties for breaches, although specific penalties are not detailed in the text. Generally, breaches of the Remuneration Tribunal Act 1973 or the provisions within the Determination could result in civil or criminal consequences. For instance, failure to comply with the remuneration and allowances as determined by the Tribunal could lead to legal action. While the exact penalties are not specified, they could include fines, imprisonment, or other forms of legal sanctions depending on the severity and nature of the breach. It is important for the governed parties to adhere strictly to the Determination to avoid any potential legal repercussions.