Remuneration Tribunal Determination 2008/03 - Remuneration and Allowances for Holders of Public Office

Overview

The Remuneration Tribunal Determination 2008/03, published under the authority of the Remuneration Tribunal Act 1973, was enacted to address the remuneration and allowances for holders of public office. This determination was issued by the Remuneration Tribunal, which was established to investigate and determine remuneration for office holders. The objective of this particular determination is to update the remuneration for various part-time and full-time public offices, including the creation of new positions and the adjustment of existing ones to reflect changes in public bodies and responsibilities. Notably, the determination removes outdated entries for defunct committees, such as the Gene Technology Community Consultative Committee and the Gene Technology Ethics Committee, and introduces new positions like the Chair and Member of the Gene Technology Ethics and Community Consultative Committee. Additionally, it establishes remuneration for the new office of Member of the Murray-Darling Basin Authority, effective from 3 March 2008. This determination ensures that remuneration is fair and reflective of the current public service landscape.

Scope and Application

The Remuneration Tribunal Determination 2008/03 pertains to the remuneration and allowances for holders of public office, established under the Remuneration Tribunal Act 1973. This legislation applies to various office holders, including those in part-time and full-time positions within statutory bodies such as the Gene Technology Ethics and Community Consultative Committee and the Murray-Darling Basin Authority. The determination specifies the remuneration for new offices created to replace previous statutory bodies, such as the Gene Technology Community Consultative Committee and the Gene Technology Ethics Committee, as well as for the newly established role of Expert Adviser. Additionally, it addresses the remuneration for the Chair and Member positions within the Murray-Darling Basin Authority. The changes outlined in this determination take effect from specified dates, with some alterations becoming applicable from 1 January 2008 and others from 3 March 2008. The determination also references the Principal Determinations (Number 10 and 13 of 2007) for further context and application. The scope of this legislation is national, encompassing various public offices across different statutory bodies within Australia.

Key Provisions

The Remuneration Tribunal, pursuant to its powers under the Remuneration Tribunal Act 1973, has determined the remuneration and allowances for various office holders, as detailed in Determination 2008/03 (section 1). This determination was made through consultation in accordance with established practice (section 2). Notably, any retrospective application of this determination is compliant with subsection 12(2) of the Legislative Instruments Act 2003, ensuring that it 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 persons (section 3). The Act imposes specific obligations and requirements on the relevant parties. For part-time offices, Clause 1.1 refers to the Principal Determination (Number 10 of 2007 as amended) (section 4). Clauses 1.2 to 1.5 address the remuneration of members and chairs for new Gene Technology committees, specifically the Gene Technology Ethics and Community Consultative Committee (GTECCC), which replaced the Gene Technology Community Consultative Committee (GTCCC) and the Gene Technology Ethics Committee (GTEC). These clauses also set remuneration for the office of Expert Adviser to the GTECCC or the Gene Technology Technical Advisory Committee, effective from 1 January 2008 (sections 5 and 6). Clauses 1.6 and 1.7 establish the remuneration for the new office of Member of the Murray-Darling Basin Authority, effective from 3 March 2008 (section 7). For full-time offices, Clause 2.1 refers to the Principal Determination (Number 13 of 2007 as amended) (section 8). Clauses 2.2 and 2.3 set remuneration for the Chair of the Murray-Darling Basin Authority, effective from 3 March 2008 (section 9). The Remuneration Tribunal Act 1973 provides the authority for this determination under sub-sections 7(3) and 7(4) (section 10). While the explanatory statement does not detail specific offences, penalties, or consequences for non-compliance with the remuneration and allowances set by this determination, any breaches of the Remuneration Tribunal Act 1973 or related legislative instruments could potentially lead to legal repercussions, including fines or other civil or criminal penalties as prescribed by relevant laws.