Explanatory Statement: Determination 2007/16
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.
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 – TRAVEL ALLOWANCE – OFFICE HOLDERS
3. Clause 1.1 specifies the Principal Determination (Number 3 of 2004 as amended) 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 3 September 2007.
5. Clause 1.3 updates motor vehicle allowance rates in Table 4A – Motor Vehicle Allowance of the Principal Determination, with effect from 3 September 2007.
Authority: Sub-sections 5(2A), 7(3) and 7(4)
of the Remuneration Tribunal Act 1973
Overview
The Remuneration Tribunal Determination 2007/16, made under the authority of the Remuneration Tribunal Act 1973, updates the travel allowance rates for office holders to address the need for periodic adjustments in remuneration and related allowances for officials, ensuring that their compensation remains commensurate with the costs and demands of their roles. Enacted by the Remuneration Tribunal, this determination serves to rectify any discrepancies in allowances that might have arisen due to inflation or changes in the cost of living, thereby maintaining the integrity and fairness of the compensation system for public office holders. The policy objective is to ensure that the remuneration for office holders, including travel and motor vehicle allowances, reflects current economic conditions and the responsibilities inherent in their positions.
This determination also ensures compliance with the Legislative Instruments Act 2003, safeguarding against any adverse impact on individuals' rights or imposition of new liabilities, except as it pertains to the Commonwealth or its authorities. By updating the rates from 3 September 2007, the Remuneration Tribunal aims to uphold the principle that public office holders receive appropriate compensation for their official duties, thus supporting the effective functioning of government and public service.
Scope and Application
The Determination 2007/16, issued by the Remuneration Tribunal, pertains specifically to the remuneration and related matters for office holders as authorised under the Remuneration Tribunal Act 1973. This legislation applies to office holders within the Commonwealth, focusing on the adjustment of travel and motor vehicle allowances. The updated rates, effective from 3 September 2007, are documented in Schedule A and Table 4A of the Principal Determination (Number 3 of 2004 as amended). Any retrospective application of this determination adheres to the stipulations of the Legislative Instruments Act 2003, ensuring it does not adversely affect the rights of individuals or impose any liabilities on them. The scope of the determination is confined to the financial adjustments of allowances without extending to other forms of remuneration or allowances beyond those specified.
Key Provisions
The Determination 2007/16, made under the authority of the Remuneration Tribunal Act 1973, primarily updates travel allowance rates for office holders. Clause 1.1 (section 3) reaffirms the Principal Determination (Number 3 of 2004 as amended) as the foundational document for Part 1 of the Determination. Clause 1.2 (section 4) revises the travelling allowance rates listed in Schedule A of the Principal Determination, effective from 3 September 2007. Similarly, Clause 1.3 (section 5) updates the motor vehicle allowance rates specified in Table 4A of the Principal Determination, also with effect from 3 September 2007. These updates ensure that the allowances are current and reflect any changes in costs associated with travel.
The obligations imposed by the Determination on the parties governed by it are largely centred around compliance with the updated allowance rates. Office holders must ensure that they are aware of and adhere to the new rates as set out in the amended schedules of the Principal Determination. This includes using the updated rates for claiming allowances and ensuring that any claims made are in accordance with the legislative framework. The Remuneration Tribunal has consulted in accordance with established practice to inform the determination, indicating a procedural obligation to follow due process in making these updates.
There are no explicit offences, penalties, or consequences detailed in the Determination itself. However, any breach of the Remuneration Tribunal Act 1973, which governs the Determination, could result in legal action under the Act. The potential consequences would depend on the specific breach and could include financial penalties, legal proceedings, or other remedies as prescribed by the Act. The Determination ensures that its retrospective application does not adversely affect the rights of any person, other than the Commonwealth or its authorities, nor does it impose any liability on such individuals, in accordance with subsection 12(2) of the Legislative Instruments Act 2003.