REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2007/02
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. Clauses 1.2 and 1.3 provide for an increase in remuneration for ordinary Members of the National Health and Medical Research Council (NHMRC) to $16,750 per annum, with effect from 1 July 2006. These members were previously paid a daily fee in accordance with Table 2A of the Principal Determination.
5. Clause 1.4 provides that the NHMRC Chair and Members are entitled to Tier 1 and Tier 2 Travel, respectively. These entitlements are not new or changed.
6. Clause 1.5 specifies the daily fees for Chairs and Members of the Cooperative Research Centres Committee and Appraisal Panels in lieu of the previously specified daily fees. It also reflects a change in name for the Appraisal Panels.
7. Clause 1.6 provides that clause 1.5 has effect on and from 13 September 2006.
8. Clauses 1.7 and 1.8 delete the reference to an obsolete office in a body which ceased to operate on 31 December 2006.
9. Clauses 1.9 and 1.10 set remuneration for a new body, the Research Quality Framework Reference Committee, with effect on and from 1 March 2007.
10. Clauses 1.11 and 1.12 specify a daily fee for the Chair of the Australian Technology Group in lieu of the previous specified annual fee. The new fee has effect on and from 1 April 2007.
PART 2 – FULL-TIME OFFICES
11. Clause 2.1 specifies the Principal Determination (Number 13 of 2006 as amended) for the purposes of Part 2 of the Determination.
12. Clauses 2.2 and 2.3 extend the application of the accommodation allowance determined for Dr Tony Webber, Director, Professional Services Review, to 30 September 2007.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2007/02, issued under the authority of the Remuneration Tribunal Act 1973, addresses the need for updated remuneration and allowances for various part-time and full-time holders of public office. This determination was enacted by the Remuneration Tribunal, which is tasked with ensuring that remuneration for public office holders is fair and reflective of their responsibilities. The objective of this legislation is to provide clarity and consistency in the remuneration for part-time roles such as Members of the National Health and Medical Research Council and the Research Quality Framework Reference Committee, as well as to update allowances for full-time roles, ensuring they remain current and reflective of the duties undertaken. The determination also considers retrospective application to avoid disadvantaging individuals, in line with the Legislative Instruments Act 2003.
Scope and Application
The Remuneration and Allowances for Holders of Public Office Determination 2007/02 applies to various part-time and full-time office holders in Australia, including members of the National Health and Medical Research Council, the Cooperative Research Centres Committee and Appraisal Panels, the Research Quality Framework Reference Committee, and the Australian Technology Group. The determination outlines the remuneration and allowances for these positions, reflecting changes such as the annual remuneration for ordinary Members of the NHMRC, travel entitlements for NHMRC Chair and Members, and daily fees for Chairs and Members of the Cooperative Research Centres Committee and Appraisal Panels. The Remuneration Tribunal Act 1973 empowers the Remuneration Tribunal to make this determination, and any retrospective application does not affect the rights of a person to their disadvantage nor impose any liability on such a person. The application of this determination is subject to the Commonwealth of Australia, and the determination may be extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of this determination (F2007L00875) set out changes to remuneration for various public office holders, including Members of the National Health and Medical Research Council (NHMRC), the NHMRC Chair, Members of the Cooperative Research Centres Committee, Members of Appraisal Panels, the Chair of the Australian Technology Group, and Members of the Research Quality Framework Reference Committee. These changes include adjustments to annual fees, daily fees, and travel entitlements. For example, Clause 1.2 and 1.3 increase the annual remuneration for ordinary Members of the NHMRC to $16,750, while Clause 2.2 and 2.3 extend the accommodation allowance for Dr Tony Webber until 30 September 2007. The changes generally take effect from specified dates, such as 1 July 2006, 13 September 2006, and 1 March 2007.
The Act imposes certain obligations and requirements on the parties it governs. For instance, it mandates that the Remuneration Tribunal must consult and inform itself through established practices when determining remuneration and related matters for office holders. Additionally, the Tribunal must ensure that any retrospective application of its determinations does not adversely affect the rights of individuals or impose any liability on them, as stipulated in subsection 12(2) of the Legislative Instruments Act 2003. The determinations also reflect changes in titles and structures of certain bodies, as seen in Clauses 1.7 and 1.8, which remove references to obsolete offices.
There are no explicit provisions within the text detailing specific offences, penalties, or consequences for breach of the Remuneration Tribunal Act 1973 or this determination. However, it is implied that failure to comply with the provisions of the Act or the determinations could lead to legal challenges or disputes, particularly if they adversely affect the rights of individuals or impose liabilities contrary to the legislative intent. The penalties for such breaches would depend on the nature of the breach and the relevant legal frameworks governing administrative and legislative compliance in Australia.