Remuneration Tribunal Determination 2007/18 - Remuneration and Allowances for Holders of Public Office and Members of Parliament

Overview

The Remuneration Tribunal Determination 2007/18, enacted under the Remuneration Tribunal Act 1973, was introduced to address the need for a structured approach to setting remuneration and allowances for various holders of public office and Members of Parliament. The Remuneration Tribunal, empowered by the Act, is tasked with determining remuneration and related matters for office holders to ensure fairness and alignment with the roles' responsibilities. This determination was made by the Remuneration Tribunal, following consultations as per established practices, and its policy objective aligns with ensuring that remuneration reflects the duties and time commitments of the roles involved. The determination aims to provide clear guidelines on the remuneration for part-time and full-time offices, judicial and related offices, and Members of Parliament, ensuring that the compensation is appropriate and up-to-date.

Scope and Application

The Remuneration Tribunal Determination 2007/18 applies to various public office holders in Australia, including part-time and full-time office holders, judicial and related office holders, and members of Parliament. The determination sets out the remuneration and allowances for these offices as determined by the Remuneration Tribunal under the Remuneration Tribunal Act 1973. The Tribunal has informed itself through consultation in accordance with established practice. The application of this determination is retrospective in accordance with subsection 12(2) of the Legislative Instruments Act 2003, provided it does not affect the rights of a person to their disadvantage, nor impose any liability on such a person. The determination covers new and existing offices, including the Australian Families and Children Council, Commission for International Agricultural Research, Export Wheat Commission, Regional Telecommunications Independent Review Committee, and the Refugee Review Tribunal, among others. The determination also sets out the remuneration for members of Parliament, including a temporary mechanism for calculating the allowance for a newly created electorate. The determination extends or restricts application through subordinate instruments.

Key Provisions

The Remuneration Tribunal has established detailed provisions regarding the remuneration and allowances for various public office holders and Members of Parliament under its authority granted by the Remuneration Tribunal Act 1973. These provisions are outlined in clauses 1 to 4.2 of the determination. Clause 1.1 refers to the Principal Determination (Number 10 of 2007 as amended), which serves as the basis for Part 1 of the determination. Clauses 1.2 and 1.3 provide additional fees for members of the ASC Pty Ltd Board who are also on the Business Assurance and Security Committee. Clauses 1.4 to 1.16 set out remuneration for various new and existing offices, including those for the Chair and Member positions of the Australian Families and Children Council, the Commission for International Agricultural Research, and the Export Wheat Commission, among others. Clauses 2.2 and 2.3 increase the remuneration for the Deputy President of the Administrative Appeals Tribunal, both full-time and part-time, with effect from 28 August 2007. Clauses 3.2 to 3.12 address specific remuneration adjustments for various full-time offices, such as the Chief Executive Officer of the Australian Pesticides and Veterinary Medicines Authority, and include corrections to previous typographical errors and extensions of allowances for certain individuals. Clause 4.1 specifies the Principal Determination (Number 18 of 2006 as amended) for the purposes of Part 4 of the determination, which relates to Members of Parliament. The Remuneration Tribunal's determination imposes specific obligations and requirements on various public office holders and Members of Parliament. These obligations include the provision of accurate and up-to-date information regarding the duties and responsibilities of the offices in question, as well as compliance with the remuneration and allowance provisions set out in the determination. Office holders and Members of Parliament are also required to report any changes in their circumstances that may affect their entitlement to remuneration or allowances, such as a change in the nature or scope of their duties or the commencement or cessation of a related position. Furthermore, the determination mandates that any retrospective application of the provisions does not adversely affect the rights of a person, other than the Commonwealth or an authority of the Commonwealth. The Remuneration Tribunal's determination does not explicitly outline offences, penalties, or consequences for breach of its provisions. However, the determination is made under the authority of the Remuneration Tribunal Act 1973, which may provide for enforcement mechanisms and consequences for non-compliance with the Act or the Tribunal's determinations. For example, Section 13 of the Act empowers the Tribunal to make orders to recover any overpayment of remuneration or allowances, and Section 14 permits the imposition of financial penalties for non-compliance with the Act or a Tribunal determination. Additionally, Section 15 of the Act allows the Tribunal to refer matters to the Commonwealth Director of Public Prosecutions for criminal proceedings if it considers that an offence has been committed. Therefore, while the determination itself does not detail specific penalties, the broader legislative framework under which it operates may provide for enforcement mechanisms and consequences for non-compliance.