REMUNERATION TRIBUNAL
Explanatory Statement: Determination 2007/06
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 deletes all references to offices associated with the now defunct Casino Surveillance Authority of Christmas Island.
6. Clauses 1.3 to 1.5 provide for an increased level of remuneration for the Chair and Commissioners of the Australian Fair Pay Commission, with effect on and from 21 March 2007. This replaces the previous arrangement which involved the payment of an annual fee supplemented by a daily fee in certain circumstances.
7. Clause 1.6 sets remuneration for offices associated with a new body, the Owner-Driver Review Panel.
8. Clauses 1.7 and 1.8 set remuneration for the new office of Research Quality Framework Assessment Panel Member, with effect on and from 1 July 2007.
9. Clause 1.9 reflects a change in name from the Australian Decorations Advisory Committee to the Australian Bravery Decorations Council.
10. Clause 1.10 provides for an increased level of remuneration for the Chair and Members of Health Services Australia Ltd (HSA). It also provides for members of HSA’s Audit Committee to receive additional audit committee fees.
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 set remuneration for the new office of Aged Care Commissioner, which replaces the office of Commissioner for Complaints, with effect on and from 1 May 2007.
13. Clauses 2.4 to 2.5 provide for an increased level of remuneration for the Official Secretary to the Governor-General, with effect on and from 12 May 2006.
14. Clause 2.6 provides that remuneration for the office of Director of the Classification Board will continue at its former level between 16 April 2007 and 30 June 2007.
15. Clause 2.7 deletes all references to the Accommodation Allowance and Reunion Travel provided to a former Member of the Australian Prudential Regulation Authority, Mr Stephen Somogyi.
16. Clauses 2.8 and 2.9 set remuneration for the new office of Registrar of Aboriginal and Torres Strait Islander Corporations, with effect on and from 1 July 2007.
Authority: Sub-sections 7(3) and 7(4) of
the Remuneration Tribunal Act 1973.
Overview
The Remuneration Tribunal Determination 2007/06, enacted under the Remuneration Tribunal Act 1973, addresses the remuneration and allowances for holders of public office by establishing updated rates for various part-time and full-time offices. This determination was made by the Remuneration Tribunal, empowered by the 1973 Act, and is designed to ensure that the compensation for public office holders is fair and reflective of the duties and responsibilities of their roles. The policy objective is to maintain an appropriate level of remuneration that attracts and retains qualified individuals for public service, while also ensuring that the rates are reviewed and adjusted as necessary to keep pace with changes in the economic environment and the nature of the roles themselves. This determination involves consultations and updates to remuneration for new and existing offices, including the establishment of rates for new positions and the adjustment of rates for existing positions to better align with current market standards and the responsibilities of the office.
Scope and Application
The Remuneration Tribunal has established a determination under the Remuneration Tribunal Act 1973 to set the remuneration and allowances for holders of various part-time and full-time public offices, reflecting changes in roles and the creation of new positions. This determination applies to individuals holding public offices, including both part-time and full-time roles, across different sectors and responsibilities. The scope of this determination is national, operating under the authority of the Commonwealth of Australia. Notably, this determination does not affect the rights of individuals to their disadvantage and does not impose any liability on them, as per subsection 12(2) of the Legislative Instruments Act 2003. Specific amendments include adjustments to remuneration for the Chair and Commissioners of the Australian Fair Pay Commission, the establishment of remuneration for the new Owner-Driver Review Panel, and the creation of a new office for the Research Quality Framework Assessment Panel Member, among others. Certain allowances and positions have been removed or renamed, such as the deletion of references to the Casino Surveillance Authority of Christmas Island and the change in name from the Australian Decorations Advisory Committee to the Australian Bravery Decorations Council.
Key Provisions
The Remuneration Tribunal has established specific remuneration and allowances for various public office holders, as outlined in the Remuneration and Allowances for Holders of Public Office Determination 2007/06 (sections 1-16). The Tribunal conducted its inquiries in accordance with established practice and consulted relevant parties before making its determination. Notably, this determination does not affect any existing rights of individuals or impose any liabilities on them, as it aligns with subsection 12(2) of the Legislative Instruments Act 2003.
The operative sections of the determination detail specific remuneration changes for part-time and full-time offices. For part-time offices, it includes increased remuneration for the Chair and Commissioners of the Australian Fair Pay Commission (section 1.3 to 1.5), new remuneration for the Owner-Driver Review Panel (section 1.6), and additional remuneration for Health Services Australia Ltd (section 1.10). Similarly, for full-time offices, it sets remuneration for new positions such as the Aged Care Commissioner and Registrar of Aboriginal and Torres Strait Islander Corporations (sections 2.2 to 2.9).
The determination imposes specific obligations on the relevant parties, requiring them to adhere to the remuneration and allowances as specified. This includes the new remuneration rates for various positions, the establishment of allowances for certain offices, and the deletion of allowances for offices that have been rendered obsolete or replaced.
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of this determination. However, any breach of the specified remuneration and allowances could potentially lead to legal actions under the Remuneration Tribunal Act 1973 or other relevant legislation, although the exact penalties would depend on the specific context and applicable laws.