REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2006/19
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 – JUDICIAL AND RELATED OFFICES
4. Clause 1.1 specifies the Principal Determination (Number 10 of 2006) for the purposes of Part 1 of the Determination.
5. Clause 1.2 increases the base salaries and daily fees payable to full-time and part-time members respectively of the Administrative Appeals Tribunal.
6. Clause 1.3 increases the base salary of the Chief Executive Officer of the Federal Magistrates Court such that it equates to 70% of the office’s total remuneration.
7. Clause 1.4 provides that clauses 1.2 and 1.3 have effect on and from 1 July 2006 as both changes relate to considerations by the Remuneration Tribunal in conjunction with its 2006 review of judicial and related offices remuneration.
PART 2 – FULL-TIME OFFICES
8. Clause 2.1 specifies the Principal Determination (Number 13 of 2006) for the purposes of Part 2 of the Determination.
9. Clause 2.2 sets remuneration for an office newly established in legislation, the Integrity Commissioner under the Law Enforcement Integrity Commissioner Act 2006.
10. Clause 2.3 decreases the rates of remuneration for the Director and Deputy Director of the Classification Board.
11. Clause 2.4 ensures that the current Director and Deputy Director of the Classification Board, Mr Des Clark and Mr Paul Hunt respectively, will continue to receive their present rates of remuneration while they remain in office.
12. Clause 2.5 varies the accommodation allowance provisions so that where an office holder elects not to use commercial accommodation, but rather resides in other accommodation such as the home of a family member or friend, he or she will receive one third of the accommodation allowance that would have been available for residence in commercial accommodation.
PART 3 – MEMBERS OF PARLIAMENT
13. Clause 3.1 specifies the Principal Determination (Number 14 of 2006) for the purposes of Part 3 of the Determination.
14. Clause 3.2 amends clause 2.1(e) to specify a time frame in which to lodge a request for an extension of time to submit a claim for travelling allowance for overnight stays.
15. Clause 3.3 amends Table 2A in clause 2.13 to increase the maximum number of nights per year for which some senators or members may claim travelling allowance for overnight stays within their electorates when travelling on parliamentary or electorate business. The maximum number of overnight stays for senators from the Northern Territory and for the Members for Lingiari and Kalgoorlie remain unchanged.
16. Clause 3.4 establishes the date of effect for this increase as 1 July 2006.
Authority: Sub-sections 7(1), 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2006/19, under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of public office and members of parliament. This determination was enacted to ensure that the compensation and benefits for these positions are reviewed and adjusted as necessary, reflecting the duties and responsibilities associated with their roles. The Remuneration Tribunal, as the enacting body, has the authority to make such determinations to ensure fair and appropriate remuneration, thereby supporting the integrity and efficiency of public service. The policy objective is to maintain equitable compensation that reflects the value of public service roles within the Australian government.
Clauses within this determination outline specific changes to the remuneration for various office holders and members of parliament, including adjustments to base salaries, allowances, and specific conditions for certain allowances. Notably, the determination ensures that any changes are effective from 1 July 2006 and do not adversely affect individuals, aligning with the provisions of the Legislative Instruments Act 2003. The Remuneration Tribunal has considered these changes through established consultation practices to ensure they meet the current needs of public service roles.
Scope and Application
The Remuneration and Allowances for Holders of Public Office and Members of Parliament Determination 2006/19 applies to various office holders and members of Parliament in Australia, establishing their remuneration and related matters as empowered by the Remuneration Tribunal Act 1973. This includes full-time and part-time members of the Administrative Appeals Tribunal, the Chief Executive Officer of the Federal Magistrates Court, the newly established Integrity Commissioner, the Director and Deputy Director of the Classification Board, and members of Parliament. The Tribunal consulted with relevant parties in accordance with established practice when making this determination. The determination is effective from 1 July 2006, with certain provisions applying retrospectively in a manner that does not adversely affect the rights of any person, other than the Commonwealth or an authority of the Commonwealth, nor impose any liability on such a person. The Act extends its application through subordinate instruments, which may further specify details of the remuneration and allowances for various offices and members of Parliament.
Key Provisions
The Remuneration Tribunal has issued a determination that specifies remuneration for various office holders, including members of the judiciary and parliament. The operative sections of this determination include Clause 1.1, which sets out the Principal Determination for Part 1 regarding judicial and related offices, Clause 2.1 for Part 2 concerning full-time offices, and Clause 3.1 for Part 3 that pertains to members of parliament. Clause 1.2 increases the base salaries and daily fees for members of the Administrative Appeals Tribunal, while Clause 1.3 adjusts the base salary for the Chief Executive Officer of the Federal Magistrates Court. Clause 2.2 establishes remuneration for the Integrity Commissioner, and Clause 2.3 reduces rates for the Director and Deputy Director of the Classification Board. Clause 3.2 modifies the time frame for lodging a request for an extension to submit a claim for travelling allowance for overnight stays, and Clause 3.3 increases the maximum number of nights per year for which senators and members may claim such allowances. These changes are effective from 1 July 2006.
The Act imposes several obligations on the parties it governs. Firstly, it mandates the Remuneration Tribunal to inquire into and determine remuneration for office holders, as stated in section 7 of the Remuneration Tribunal Act 1973. Secondly, it requires that any retrospective application of this determination not adversely affect the rights of any person, nor impose any liability, as per subsection 12(2) of the Legislative Instruments Act 2003. Additionally, the Act ensures that current office holders, such as the Director and Deputy Director of the Classification Board, will continue to receive their existing rates of remuneration while they remain in office.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the explanatory statement for breaches of the provisions in this determination. However, it is implied that failure to adhere to the remuneration guidelines set forth by the Remuneration Tribunal could lead to legal challenges or disputes regarding the validity of the remuneration amounts. Furthermore, any retrospective changes that adversely affect the rights of individuals or impose liability could potentially lead to legal ramifications. The specific penalties for such breaches would depend on the nature of the breach and the applicable laws at the time.